TO THE QUESTION OF THE GENERAL AND ORIGINAL DEVELOPMENT OF THE CONSTITUTIONAL LAW OF RUSSIA AND KAZAKHSTAN

Authors

  • Tatyana Ivanovna Ryakhovskaya

Keywords:

reception, constitution, constitutional law, comparative constitutional law, onstitutional identity, direct action of the constitution, action of the constitution , direct action of the rights and freedoms of man and citizen, constitutional review

Abstract

 In state studies, special attention is paid to legal construction in the CIS countries. However, the comparative aspect of Russia and Central Asia (which is usually attributed to Kazakhstan), is devoted to unfairly few works. Meanwhile, in the modern period there is a tendency to intensify cooperation between our states in various fields, which can not but affect the legal doctrine, which addresses the issue of the general and the particular (original) in various areas of the constitutional law of Russia and Kazakhstan, to which the proposed study.

The purpose of this work is to identify common features with domestic constitutional and legal regulation, as well as the original constitutional experience of the countries of Central Asia, especially the Republic of Kazakhstan. The main attention is focused on the problem of direct action of the constitution and direct action of human rights and freedoms, as the most poorly studied aspects in the comparative legal context.

The analysis carried out is based on the theoretical material that consists of the works of  E. M. Abideldinov, S. T. Amirbekov, A. I. Dudko, Yu. I. Grevtsov, V. G. Vishnyakov, G. S. Sapargaliyev and other prominent scholars, as well as regulatory material, including the Constitution of Kazakhstan, the Kyrgyz Republic, the Russian Federation, Tajikistan, Turkmenistan, Uzbekistan. The main methods of the study were formal legal (used to get acquainted with the texts of the basic laws of states) and comparative legal (used in the process of identifying the general and the particular).

In the course of the work, it was revealed that the proximity of Russia and Kazakhstan, their interaction policy form a favorable basis for mutual constitutional and legal penetration, which, in turn, is ensured by the reception of constitutional law; The noticeable influence of the generally recognized principles and norms of international law was discovered, as well as the fact that each state takes into account its traditional features in the basic laws.

 

Published

30.06.2019

How to Cite

Ryakhovskaya . Т. И. (2019). TO THE QUESTION OF THE GENERAL AND ORIGINAL DEVELOPMENT OF THE CONSTITUTIONAL LAW OF RUSSIA AND KAZAKHSTAN. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(56). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/332