TO THE QUESTION OF IMPROVING THE LEGISLATION CONCERNING THE ISSUES OF THE REFERENDUM

Abstract

The article considers the legal nature of the referendum as an institution of direct democracy. An excursion into the history of referendums in the USSR, Kazakhstan and some CIS countries was conducted. On the basis of the critical analysis of the Constitutional Law of the Republic of Kazakhstan of November 2, 1995, "On the republican referendum" are examined the subject of the republican referendum, the procedure for its appointment and the initialization for its appointment. In this regard, the author made recommendations on improving the indicated normative legal act. In particular, there are raised the problems expanding the list of issues that can’t be the subject of a republican referendum (supplement with questions of credit policy, issues of justice should be specified as questions of judicial organization and legal proceedings, and issues on this list related to the early termination or extension of the President, Parliament and his Chambers term of powers, as well as the holding of early elections of the Head of State and deputies of the Parliament), the expansion of the circle of subjects entitled to initiate a referendum ( granting of this right to 1/5 of the members of Parliament), on granting citizens the right to initiate a republican referendum on introducing amendments and additions to the Constitution, imposing a norm obliging the President to appoint a republican referendum in case of initiative on the part of citizens, expanding the circle of persons who do not have the right to participate in a republican referendum, more detailed regulation of the procedure for the creation and activities of citizens' initiative groups, the introduction of the institute of local referendum as a form of direct participation of the population in the local self-government.