Constitutional legislation of New Kazakhstan: New structural issues

Abstract

Through the forms of structure of the state as an external factor, on the one hand, and the
institutions of power as an internal factor, on the other, the content and institutional features of the constitutional legislation of the Republic of Kazakhstan (RK) in the process of its interaction with other branches of the legal system are considered. The structural composition of which is regulated in the Law of the RК “On Legal Acts”, according to which the legal system is made up of the Constitution, corresponding legislative acts located according to the status of the owners, other normative legal acts, as well as the Constitutional and Supreme Courts. This means that in the process of their interaction, the assimilation of legal norms and their structure occurs. This phenomenon is of particular interest in New Kazakhstan, the theses of which affected the structure of constitutional legislation. In this regard, on the analysis of the current law of the RК, the concept of which is given in Art. 4 of the Constitution of the RК, doctrine,
scientific works in the field of constitutional law, theory of state and law, law enforcement,
the national model of the structure of the RК, its problems, implementation mechanisms, prospects, evolutionary paths of development and features as an institutional phenomenon are examined. Empirical analysis states the characteristics and features characteristic of the
structure that determined the place, role and meaning of the Constitution in the structuring
of constitutional legislation. And, as a result, attention is focused on improving the structure and tightening the responsibilities of all branches of government in lawmaking and the law enforcement process. On their basis, scientific and practical conclusions are formulated, and
the structure of the constitutional legislation of New Kazakhstan is proposed.

Keywords:

constitution, structure, legislative system, evolution, state, government system, form of government, constitutional legislation