The importance of the Constitutional Court of the Republic of Kazakhstan in the mechanism of the state: constitutional and legal aspects

Abstract

The purpose of this article is to consider the role and place of the Constitutional Court of the Republic of Kazakhstan in the mechanism of the state. In the course of the study, they are revealed when studying one of the elements of the legal status ― “principles of organization and activity, relationship with other government bodies”. For this purpose, the basic terms of “branches of power”, “constitutionality”, etc. are revealed. A special feature of the work is the analysis of scientific works and constitutional
norms on the creation of the Constitutional Court in the Republic of Kazakhstan. The authors of the article analyzed the scientific works of domestic and foreign scientists on this issue, identified the advantages and disadvantages of the element of the legal status of “interaction of the Constitutional Court of the Republic of Kazakhstan with other government bodies”. The following methods were used in the work: historical, dialectical methods, formal and legal method (legal dogmatics) and comparative method (comparative legal). Based on the results of the scientific search and the scientific analysis, the authors proposed conclusions and proposals: on the need to classify the Constitutional Court of the Republic of Kazakhstan (2023) into a separate (independent) branch of government ― the constitutional control branch. It is also proposed to determine the legal status of the Constitutional Court of the Republic of Kazakhstan (2023) by enshrining it in the relevant article (Article 1) of the Constitutional Law of the Republic of Kazakhstan “On the Constitutional Court of the Republic of Kazakhstan” dated 05.11.22. To strengthen the legal status and place of the Constitutional Court of the Republic of Kazakhstan in the state mechanism a number of other suggestions are also given.