SOME QUESTIONS OF INTERPRETATION OF THE PROCEDURE AND CONDITIONS OF APPLICATION OF TREATIES IN THE REPUBLIC OF KAZAKHSTAN

Abstract

 The article analyzes the amendments introduced into subparagraph 5 of Article 4 of the Constitution of the Republic of Kazakhstan by the Law of the Republic of Kazakhstan of March 10 2017 № 51-VI «On amendments and additions to the Constitution of the Republic of Kazakhstan», as these amendments give grounds for reconsidering the procedure of operation of international treaties. The author of this article notes that in comparison with the previous version the version of subparagraph 2 of Article 4 does not provide the possibility for direct implementation of the norms established in international treaties. In this connection the author, having analyzed the norms of international law and national legislation, practice of foreign countries and the doctrine of international law, comes to the conclusion regarding the correlation between international law and national law, the criteria of self-fulfillment of international treaties, the definition of the «procedure and terms of operation of international treaties». The analysis of procedure and terms of operation of international treaties helps the author to make a conclusion that the system of correlation of international law and national law can be mixed. The author also finds it expedient that amendments and additions to the laws in force should be made on the issue concerning the widening the criteria of self-fulfillment of the international treaty, and thinks that ineffective and unreasonable use of the definition of  «terms» and «legislation», established in subparagraph 3 of Article 4 of the Constitution of the Republic of Kazakhstan, without corresponding legislative act regulating the further implementation of this rule, can lead to unpredictable and negative consequences.