On the hierarchy of normative legal acts

2025

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DOI 10.46914/2959-4197-2024-1-1-15-22
Data confidence 70 medium
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Abstract

The article is devoted to one of the key problems of the modern theory of law - the hierarchy of normative legal acts. The points of view that exist in the legal literature on the concept of hierarchy in positive law are studied. The author comes to the conclusion that it represents the ratio of normative legal acts, which are arranged in a certain vertical sequence, as their legal force decreases, and implies the correspondence of acts of each lower level to acts of higher levels. A critical analysis of the Constitution of the Republic of Kazakhstan and the Law “On legal acts” was carried out. It has been established that this Law, fixing the hierarchy of normative legal acts, in its separate provisions contains norms that are controversial and contrary to the Constitution. On the basis of the analysis carried out, proposals were developed to improve the Law “On Legal Acts”.