CONCEPTUAL APPROACHES TO THE LAWMAKING AND SYSTEMATIZATION OF LEGISLATION OF ACADEMICIAN M.T. BAYMAHANOV

Abstract

The article analyzes the conceptual approaches of M.T. Baymahanov to law and systematization of Kazakh legislation, as set out in the article by Academician Baymahanov M.T. «On the need for an integrated approach to lawmaking and systematization of legislation». The article makes specific emphasis on some of the problems of lawmaking. The approaches of Baimakhanovtocodificationas a formof systematization, are meaningful. The author argues that M.T. Baymahanov has developed sufficiently clear approaches to understanding the legislation, the place and the role of systematization of legislation in improvement of the effectiveness of legislation. It is argued that these ideas have defined the main directions of the Kazakhstan's law and jurisprudence development, ways of improving law making, systematization of legislation of the Republic of Kazakhstanf or decades.The author does not aim to generalize or replicate this study and earlier systemic research on this topic. On the basis of this article, the author has complemented approaches of jurisprudence to systematization. The author concludes that there are natural limits to the codification and the need to develop other ways of systematization. The main vector of the suggested approach is to create a model to develop the legislation, while ensuring its consistency.