STATE OF CONSTITUTIONAL LEGALITY IN THE SPHERE OF STATE LANGUAGE APPLICATION IN THE LEGISLATIVE ACTS OF THE REPUBLIC OF KAZAKHSTAN
DOI:
https://doi.org/10.52026/1994-408X_2020_62_4_35Keywords:
constitutional legality, state language, protection of the state language, hierarchy of laws, authenticity of texts of laws, the Constitutional Council, recognition of the law as unconstitutional, distortion of the meaning of the law, language policyAbstract
The article discusses the legislation of various states on the status of the state language and on measures taken to protect it. A review of the activities of the Constitutional Council of the Republic of Kazakhstan on monitoring the state of constitutional legality in the field of compliance with the legislation on the state language is carried out. One of the grounds for recognizing several laws as unconstitutional is the identification of facts of the inauthenticity of their texts in the state and Russian languages.
The author on many examples of incorrect translation of the norms of civil law provides a justification for violations of the legislative process. This entails in the laws in the state language significant distortions of the meaning of the will of the legislator. This circumstance, according to the author, violates the constitutional right of the main part of the population of the state to use the state language and entails their discrimination on the basis of language.
The paper analyzes some of the reasons that contribute to the violation of the authenticity requirements of the texts of laws in the state and Russian languages. At the same time, the role of state bodies that draft laws in violation of the requirements of the Constitution and other legislation on the state language is noted.
Among the factors of violation of constitutional legality, the article identifies the shortcomings of the practice of applying legislation. So, in exceptional cases, the law allowing the development of acts in Russian becomes a general rule. Another of the conditions entailing a violation of the legislation on the state language is the absence of requirements on the knowledge of the state language by public servants. There are no legal liability measures for state bodies that are the developers of bills, and their officials.
In conclusion, the author proposes certain measures to strengthen constitutional legality in the field of legislation in the state language.