THEORY OF STATE AND LAW

Some issues of hierarchy in the legislative system of the Republic of Kazakhstan

Abstract

The article is devoted to one of the key problems of the modern theory of law – the hierarchy of normative legal acts. The points of view existing in the legal literature on the concept of hierarchy in positive law are studied. The author comes to the conclusion that it is a relationship of normative legal acts that are located in a certain vertical sequence, in descending order of their legal force, and imply the compliance of acts of each lower level with acts of higher levels. A critical analysis of the Constitution of the Republic of Kazakhstan and the Law “On Legal Acts” is carried out. It is established that this Law, while enshrining the hierarchy of normative legal acts, contains controversial and unconstitutional provisions in some of its provisions. Based on the analysis, proposals for improving the Law “On Legal Acts" are developed.