ON SOME ISSUES OF JUDICIAL LAW-MAKING

Abstract

 The article analyzes some problems of judicial law-making. The authors consider the questions of law-making powers of the Supreme Court of the Republic of Kazakhstan through the prism of its functions. The positive role of the regulatory resolutions of the Supreme Court of the Republic of Kazakhstan, as the highest form of generalization of judicial practice by which the courts are able to make a positive impact on the development of the legal system, is noted. Simultaneously, the authors conclude that there is some problems in this area, and the need to improve the standard-setting activities of the court. Particular attention is paid to the analysis of the provisions of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated July 7, 2016 № 6 «On some issues of invalidity of transactions and application by the courts consequences of their invalidity». The main vector of the suggested approach is to develop an integrated approach to solving the problems of judicial law-making in their direct relationship to the quality of normative legal acts in unity with the legal practice and the process of democratization.