APPLICATION OF THE CONSTITUTION OF THE REPUBLIC OF KAZAKHSTAN: LEGAL, VALUE AND FUNCTIONAL CONTENT

Authors

  • Ermek Baiakhmetovich Abdrasulov
  • Khuandag Bazhay
  • Aizhan Ermekovna Abdrasulova

DOI:

https://doi.org/10.52026/1994-408X_2020_63_5_57

Keywords:

:Constitution, operation of the Constitution, functions of the Constitution, implementation of the Constitution, direct application of the Constitution, limits of direct application of the Constitution , constitutional Council.

Abstract

The subject of the study is the category "operation of the Constitution", its constituent elements: the use, observance, execution and application of the norms of the Constitution. The purpose of this article is the definition of the Constitution, it is reflected in the regulatory functions of the basic law, the establishment of the relationship and the ratio of the Constitution with the forms of its implementation, identification of obstacles for the direct application of the norms of the Constitution.

The article analyzes the functions and meaning of the Constitution from the point of view of the methodology of the theory of law, which provides for the need to study state-legal phenomena, focusing on legal practice, that science is necessary to serve the needs of practice and that practice is a criterion for the truth of scientific research. In this regard, the conclusions of the study are based on the legal positions and legal provisions of the constitutional control body and the judiciary. The article emphasizes that the value content of the Constitution, purposefulness, stability, constancy and duration of its operation are determined by the functions of the Constitution, which reveal such an important quality as its direct and indirect impact on public relations. Based on the analysis of legal literature and practice, it is concluded that the establishment of legal relations between the Constitution and the branch law is more the task of the legislator and the constitutional control body than of the subject of law application, for which the ordinary law may be a priority in relation to the constitutional norms. At the same time, the author also shows the grounds for direct application of the constitutional norms, with the exception of objective limits and restrictions reflected in the work.

 

Published

30.12.2020

How to Cite

Abdrasulov . Е. Б., Bazhay Х., & Abdrasulova . А. Е. . (2020). APPLICATION OF THE CONSTITUTION OF THE REPUBLIC OF KAZAKHSTAN: LEGAL, VALUE AND FUNCTIONAL CONTENT. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 5(63). https://doi.org/10.52026/1994-408X_2020_63_5_57