SPECIFICS OF DECISIONS OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN THAT AFFECT THE FOUNDATIONS OF THE CONSTITUTIONAL SYSTEM

• Main Authors: D.M. Baymakhanova, A.B. Smanova, L.B. Nusipova, S.I. Tazhenova
• Format: Article
• Language: English
• Published: Al-Farabi Kazakh National University 2020-03-01
• Series: Хабаршы. Заң сериясы
• Subjects: constitution; normative act; legal act; rights; obligations; state body
• Online Access: https://bulletin-law.kaznu.kz/index.php/journal/article/view/2263/2143
• ISSN: 1563-0366; 2617-8362

This article reveals the specifics of the activities of the Constitutional Council of the Republic of Kazakhstan, as the main body responsible for monitoring the implementation of the main legal act of the state of the Constitution. The Constitutional Council of the Republic of Kazakhstan, when exercising its powers, is independent and independent from state bodies, organizations, officials and citizens, is subject only to the Constitution of the Republic and cannot proceed from political or other motives, and also exercises its powers in accordance with the current legislation. One of the institutional components of developing constitutionalism in sovereign Kazakhstan, the most important element of the mechanism for protecting the Constitution, ensuring compliance with it of all legal acts in the Republic of Kazakhstan is the constitutional Council – the body of constitutional control. Improvement of its activity is considered as one of the directions of building a legal, democratic, social state. The question of whether the decisions of the constitutional control body are among the sources of law, whether the decisions of the Constitutional Council and the constitutional courts of other States are normative in nature, is debatable in the literature. In the course of writing, research methods were applied: General methods-analysis, synthesis, dialectical method, historical method, structural and functional method, sociological method, statistical method.