ON CONSIDERATION OF REGULATORY LEGAL ACTS FOR COMPLIANCE WITH THE CONSTITUTION AND LAWS IN THE CONSTITUTIONAL AND ADMINISTRATIVE COURTS

Abstract

The article is devoted to one of the current problems of the general theory of law, constitutional law, administrative process - disputes about verification of compliance with the constitution and laws of regulatory legal acts in constitutional and administrative courts. The paper examines theoretical approaches to this problem, that exist in domestic and foreign scientific legal literature, conducts a critical analysis of the norms of the Constitution of the Republic of Kazakhstan, national legislation on constitutional, administrative and civil proceedings and the practice of its application, and also examines foreign experience of legal regulation in a comparative manner powers of bodies of constitutional and administrative justice, courts of general jurisdiction. On this basis, certain contradictions, gaps, inaccuracies and other shortcomings in the legal support for the activities of the Constitutional Court and administrative courts of Kazakhstan have been identified. Thus, the Civil Procedure Code does not define which normative legal acts can be challenged from the point of view of their legality in court. The question is also raised about the excessive powers of the President, allowing him to submit to the Constitutional Court submissions on the compliance of the Constitution not only with laws in the order of preliminary and subsequent control, but also with existing legal acts of any state bodies, which, in essence, violates the principle of separation of powers. There is an inaccuracy in the definition of the form of government in the Constitution of the Republic, which makes it possible to challenge in the Constitutional Court the constitutionality of the law amending the Constitution, establishing the immutability of the form of government. This made it possible to develop and substantiate a number of recommendations aimed at improving legislation.