Methods of legal regulation in the Republic of Kazakhstan

The method of holding liable is applied both to government bodies, and in the relation natural persons in all spheres of their activity. In article 187 of the Constitution of the Republic Kazakhstan it is written down that "government bodies, public associations, official persons and mass media are obliged to provide to each citizen opportunity, to study the documents affecting its rights and interests, decisions and sources information". Other example of application of this method is article 6 of the Constitution Republic of Kazakhstan: "The property obliges, use of it has to at the same time to serve the public benefit". It is characteristic that the specified situation belongs as to state ownership, and to the private. Therefore, constitutional norm obliges both government bodies, and private owners, to use property not only in the interests, but also in the public.

The prohibition method is also used by a constitutional right. This method is mostly concerning government bodies, public educations. In the relation of citizens the prohibition method in limited cases is applied. Point 3 of article 39 Constitutions of the Republic of Kazakhstan says: "It isn't allowed in any form restriction of the rights and freedoms of citizens for political reasons". The constitution forbids creation not the paramilitary forces provided by the legislation. The constitutional right of the Republic of Kazakhstan widely applies a permission method that is an essential sign of its democratism.

This method is applied mainly to establishment of the status of people and the citizen. As an example it is possible to point to the right of free movement across the territory of Kazakhstan each and free choice of a residence, except the cases stipulated by the law. Specifics of a method of the permission consist that quite often the Constitution can limit actions of subjects, providing them a freedom of action to a certain framework, borders.

The method of the permission is applied and at determination of powers of government bodies. So, according to point 4 of article 53 of the Constitution of the Republic of Kazakhstan Parliament on joint meeting of Chambers two thirds of voices of total number of deputies of each of Chambers at the initiative of the President has the right to delegate to him legislative powers on the term which isn't exceeding one year. The constitutional right of the Republic of Kazakhstan applies, in my opinion, one more method legal regulation — a method of recognition (non-recognition). In Post-Soviet literature on to constitutional right possibility of application of this method isn't noted. Meanwhile this method proceeds from an objective factor — legislative recognition of the natural rights person. The state recognizes natural human rights, but doesn't permit. In point 2 article 12 of the Constitution of the Republic of Kazakhstan it is written down: "The rights and freedoms of the person belong to everyone from the birth, admit absolute and inalienable, define the contents and application of laws and other regulations". Recognition as method of the legal regulations are also characterized by democratic and humane character of the constitutional rights.

In this aspect also the opinion of the Russian scientists of Alyokhin A.P. seems logical., Kozlova Y.M., what to understand as the permission. Whether it means legal permission to make in the conditions provided by the precept of law, those other actions or abstention from their commission at discretion./1/Constitutional right of the Republic of Kazakhstan applies one more method of legal regulation - a method of recognition (non-recognition). In Post-Soviet literature on a constitutional right possibility of application of this method isn't noted. Meanwhile, this method proceeds from an objective factor - legislative recognition of natural human rights. The state recognizes natural human rights, but doesn't permit. In point 2 of article 12 of the Constitution of RK it is written down: "The rights and freedoms of the person belong to everyone from the birth, admit absolute and inalienable, define the contents and application of laws and other regulations".

Methods of regulation of a constitutional right have political and legal character as fix in the Constitution of category of public ideals, social values, the moral principles.

Constitutional precepts of law classify by the following bases: on character of the containing instructions they are divided on: binding and forbidding. Upravomochiv norms — it is the norms affirming the right of subjects to carry out the actions and the defining framework of their powers provided in them. Binding norms fix duties of subjects to correlate the behavior, the actions to installations of these norms. The forbidding norms — it is the norms containing a ban on commission of certain actions, in them provided. On degree of definiteness of the instructions containing in them distinguish imperative and dispositive norms. Peremptory norms are norms which don't allow freedoms of a discretion of the subject in application established by them I governed. Dispositive norms — it is norms which provide possibilities of a choice of option of action of the subject taking into account the conditions and circumstances specified in norm.

To destination in the mechanism of legal regulation distinguish material and legal (procedural) procedure. Material norms — it is the norms providing the content of action for legal regulation of the public relations. A legal procedure — it is the norms defining an order in which they have to be realized. There are also other criteria of classification of norms.

Sources of science are understood as all those materials which reflect development of any phenomenon, contain the data allowing to learn its character and the contents. From here as sources of science of a constitutional right all materials allowing to judge the contents, character, the main directions of evolution of a constitutional right as branches, the public relations regulated by it, tendencies of their development act.

All sources of science of a constitutional right on specifics of the data containing in them are subdivided into some types: standard and theoretical, results of sociological researches and practice of activity of government bodies.

Standard sources: Here the Constitution of the Russian Federation, the constitution of the republics, charters of other subjects of Federation, laws, other regulations and acts of executive bodies (including decrees of the President), regulations of the former USSR in the part which isn't contradicting the Russian legislation belong. Comprehending standard sources, the science analyzes the concepts put in them, you compare the norms operating earlier, comments on an order of application of the existing standard rules, formulates offers on improvement of the constitutional legislation. Sources of science of a constitutional right are also constitutions and acts of foreign countries.

Judicial sources: It first of all resolutions and definitions of the Constitutional Court of the Russian Federation in which the analysis of the problems following from the constitutional principles of the sovereignty of the Russian Federation, democracy, human rights and the citizen, ensuring unity, division and interaction of the government, protection of the federal device, ensuring real implementation of local government is given. Interpretation of the Constitution of the Russian Federation by the Constitutional Court is important.

Sources of science are also solutions of other courts, especially concerning protection of constitutional rights of citizens, compliance assessment.

Theoretical sources: Here the heaps of domestic and foreign scientists created by them concepts belong. Any science develops on the basis of earlier formulated conclusions. They are used in two main directions: the critical analysis of the moving-forward concepts;application of those from them which for some reason remained unrealized, but deserve attention in new conditions.

The matter is that scientists of various eras and the countries objectively apply different conceptual approaches; their conclusions can not only not coincide, but even to be opposite. Judgment of the last — an important factor of development of science.

The science of a constitutional right uses a certain set of methods, develops special methodology.

The methodology is the doctrine about the main ways of knowledge of objective reality and methods of research of a material world. Me-mod — set, system of receptions, governed, thus the applied. All methods of science are subdivided into the general and private. General scientific methods are identical in all branches of the right, they are studied it is aware of the theory of the state and the right. We will stop on the characteristic the scientific of the methods and approaches which are most often used by science of a constitutional right.

Historical approach

Denial without careful studying of all of that was available in the past, inevitably leads science to the fallacies depriving society of possibility of normal development. Therefore the science of a constitutional right considers constitutional and legal (state and legal) norms in their historical development, reveals continuity in the constitutional regulation, studies those tendencies of the development which for some reason were ignored.

System and structural analysis

Practically each legal institute has own structure and is an element of wider structure. For example, the constitutional status of the citizen consists of set of his rights recorded by the constitution, freedoms and duties, and at the same time it part, an element of wider institute — a legal status of the personality. During the system structural analysis structural elements of any object, an originality of each of them, the communications between these elements giving to the studied phenomenon integrity are established.

Comparative approach

When studying problems of the state and the right an important role is played by comparison of the operating institutes or structures with preceding them, a domestic constitutional right and foreign. Also constitutional and legal institutes, and practice of implementation of the precepts of law entering into them, results of their impact on the public relations are subject to comparison.

The constitutional right as branch is a component of legal system of the Russian Federation, and therefore the science studies situation, the place taken by a constitutional right in legal system, its ratio and interrelation with other branches of the right.

Sociological method

It is aimed at the analysis of processes of realization of the constitutional norms, behavior of people, their relations to these or those legal establishments. It is applied also at research of activity of public authorities, People's Deputies, executive authorities. By means of this method it is possible to obtain data which in a certain degree provide development of the most optimum legislation, correction of activity of government bodies.

Statistical method

This method is necessary for detection of efficiency of action of constitutional precepts of law, their influence on political processes, behavior of citizens and other subjects of legal relationship. Quantitative indices though not always, but nevertheless matter at research of processes of implementation of constitutional precepts of law, allow to draw necessary conclusions.

The list of the used literature:

1) Chernyakov A A. Constitutional right of the Republic of Kazakhstan. Almaty: Edshet-Press.1997

2) Alyokhin A.P., Kozlov Yu.M. Administrative law of the Russian Federation. P.1. - M., 1995. - Page 25

3) Belkin A.A. Objects of the constitutional regulation / A.A. Belkin/Jurisprudence. - 1988.

4) Concept of legal policy of the Republic of Kazakhstan. - Almaty: Жеті zharga, 2002.

5) Sapargaliyev G. S. Constitutional right of the Republic of Kazakhstan. - Almaty

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