CHARACTERISTIC FEATURES OF EUROPEAN CONSTITUTIONAL JUSTICE AS GUIDELINES FOR THE FORMATION OF THE KAZAKHSTAN MODEL OF CONSTITUTIONAL JUSTICE

Abstract

In the article, the author examines the characteristic features of European constitutional justice as guidelines for the formation of the Kazakhstan model of constitutional justice. The purpose of the article is to study the typological and normative-legal grounds for classifying the Kazakhstan model of constitutional justice as part of the European tradition of regulating constitutional-legal relations based on the provisions of the theory of constitutional justice and the practice of its legislative regulation. Conducting a study of constitutional justice required an integrated approach, which is ensured, firstly, by the use of general scientific, special scientific and strictly legal methods (analysis and synthesis, induction and deduction, abstraction, generalization, definition of concepts and their classification, etc.); methods of retrospective analysis of social reality and a comparative legal approach. The conducted analysis of the legislation of the Republic of Kazakhstan regulating the activities of the Constitutional Court allows us to clearly classify the model of national constitutional justice as a European type. Accordingly, further development of the Kazakhstan model of constitutional justice should be aimed at studying the European experience of constitutional courts in order to clarify the national model of the constitutional court and enhance its role in the system of further democratization of social development of the Republic of Kazakhstan. The value of this article is determined by the fact that in this work the author specifies the legislative basis that allows us to classify the Kazakhstan model of constitutional justice as a European type of constitutional justice, clearly resolving the issue of the further direction of development of the Constitutional Court of the Republic. The identified features of the Kazakhstan model of constitutional justice fully correspond to the democratic nature of Kazakhstan's statehood, the principle of the rule of law and ensuring the possibility of progressive, sustainable development of the Republic of Kazakhstan.