SOME DEVELOPMENT ISSUES OF CONSTITUTIONAL LAW IN THE LIGHT OF IMPLEMENTATION OF THE CONCEPT OF LEGAL POLICY IN THE REPUBLIC OF KAZAKHSTAN UNTIL 2030

Leila Telmanovna Zhanuzakova, Alipasha Agakhanoviсh Karaev

2022

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DOI 10.52026/2788-5291_2021_68_1_22
Data confidence 70 medium
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Abstract

The article considers the main directions of development of constitutional law for the new decade on the basis of the adopted Concept of the legal policy of the Republic of Kazakhstan until 2030. In this regard, the author's definition of legal policy is given. Particular attention is paid to the issues of improving the mechanisms of constitutional control. Practice shows that the Constitution needs to create a more reliable and efficient mechanism to ensure the supremacy of its provisions. The Constitutional Council, due to limited powers and a narrow circle of subjects of appeal, is not able to be a full-fledged custodian of constitutional ideas, norms and principles. There is a need to improve the legal foundations for the functioning of this institution, as the most important tool for protecting the constitutional order, the rights and freedoms of the individual, realizing the humanistic potential of the norms of the Constitution. When considering the problems of improving the legislative framework of public control, the issues of existing contradictions in the legislation regulating the goals of non-profit organizations and political parties are raised, the incomplete settlement in the draft Law "On Public Control" of issues about the goals, subjects of public control, their rights, the grounds for its implementation. Based on this, specific recommendations have been made. The necessity is emphasized when developing national indicators for assessing the observance of human rights, relying on the norms of International law, recommendations of international organizations, using information received from human rights organizations and other sources. In connection with the adoption of the new Concept of local self-government until 2025, the article examines the development of this institution in Kazakhstan. The authors question the separation of the lower level of local self-government from other levels of territorial administration and the development of a separate law. On this basis, a different approach is proposed to improve legislation in this area.