Legal system of the Republic of Kazakhstan
The law of the Republic of Kazakhstan is a system of law, a set of normative and legal acts of the Republic of Kazakhstan adopted by the Parliament of Kazakhstan, other bodies that have the right to issue normative legal acts.
In accordance with the needs and social and economic needs of society, laws are being created aimed at securing certain relations, regulating them or protecting them.
Law is the totality of norms of equality and fairness recognized in society and provided with official protection.
"The people must defend the law as their stronghold, as a protective wall."
Kazakhstan belongs to the Roman-German legal family, where the civil code is based on the Civil Code.
The first step on the path to building an independent state was the election of the first President on December 1, 1991. On December 10, 1991, the Supreme Council adopted the Law "On changing the name of the Kazakh Soviet Socialist Republic," according to which the country became known as the Republic of Kazakhstan.
The most important moment of this memorable stage of history was the Constitutional Law "On State Independence of the Republic of Kazakhstan", which proclaimed that the republic builds its relations with all members of the world community on the principles of international law, as befits an independent state.
The acquisition of sovereignty necessitated the development and adoption of a new Constitution. On January 28, 1993, the Supreme Council approved the Basic Law, which completed the final establishment of the sovereignty of the republic. However, the 1993 Constitution had a number of undeveloped provisions and issues.
By 1995, there was a need to prepare and adopt a new, more balanced, mature and well-developed option. This happened on August 30, 1995. The Constitution of the Republic of Kazakhstan has acquired the status of the Basic Law of the state in the republican referendum, which confirms the actual recognition of the people as a source of state power.
On the basis of constitutional principles, the years of independence in the country carried out judicial and legal reform. An important role in this process was played by presidential decrees having the force of laws, such as "On Courts and Status of Judges", "On Prosecutor's Office", "On National Security Bodies" and others. As one of the main directions of legal reform, the prospect of a gradual abolition of the death penalty was outlined. Today it is actually canceled in the country.
The best laws are born out of the customs.
To date, the country's legislative system is being improved very rapidly. Legislative documents are based on the Constitution of the Republic of Kazakhstan and represent Laws, Decrees of the President, Government Resolutions, normative legal acts of central and local executive bodies (ministries and akimats).
Article 4 of the Law of the Republic of Kazakhstan "On Regulatory Legal Acts" of March 24, 1998, No. 213-I regulates the hierarchy of normative legal acts:
- The Constitution of the Republic of Kazakhstan;
- laws making amendments and additions to the Constitution;
- Constitutional laws of the Republic of Kazakhstan and decrees of the President of the Republic of Kazakhstan having the force of the constitutional law;
- codes of the Republic of Kazakhstan;
- laws of the Republic of Kazakhstan, as well as decrees of the President of the Republic of Kazakhstan having the force of law;
- normative decrees of the Parliament of the Republic of Kazakhstan and its chambers;
- normative decrees of the President of the Republic of Kazakhstan;
- normative decrees of the Government of the Republic of Kazakhstan;
- normative legal orders of the ministers of the Republic of Kazakhstan and other heads of central state bodies, regulatory legal decisions of central state bodies and regulatory decisions of the Central Election Commission of the Republic of Kazakhstan;
- normative legal decisions of maslikhats, normative legal decisions of akimats, normative legal decisions of akims.
Thus, the modern law of Kazakhstan includes legislation and subordinate legal acts. All of them are subject to registration in the Ministry of Justice of Kazakhstan.
All documents are collected in the information and legal system of regulatory legal acts of the Republic of Kazakhstan "Adilet"
Updated date: 06-12-2017 09:04