CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN: A GUARANTEE OF THE PROTECTION OF THE FAMILY AND CHILDHOOD

Abstract

This article provides a sufficient in-depth analysis of the legal position of the Constitutional Council of the Republic of Kazakhstan on the issue of family values, the rights and legal interests of women who have given birth out of wedlock, which is of particular interest today. This position, in turn, is set forth in a recent Regulatory Resolution of the Constitutional Council of the Republic of Kazakhstan.

In this regard, the author has widely studied the practice of the Constitutional Council of the Republic of Kazakhstan, considered in detail the previously developed approaches to the interpretation of constitutional provisions. Furthermore, the article also analyzes international experience in the context of the family institution protection, on the basis of which it was revealed that the legal position expressed in the mentioned Regulatory Resolution of the Constitutional Council of the Republic of Kazakhstan is consonant with the latest trends in the development of family law of foreign states, international human rights law, including international family law.

The author shares the point of view about the significance of the detection of the creative potential of the Constitution of the Republic of Kazakhstan. A comparative analysis of the number of advanced states’ constitutions such as Italy, Spain, etc., however, cited excerpts from international acts, as well as examples from the judicial practice of Kazakhstan, in the author’s opinion, indicate the progressive approaches of the Constitutional Council to the guarantees of motherhood and childhood, protection of the family as a constitutional value.