ABOUT THE EXPERIENCE OF BUILDING OF LAW-ABIDING STATE IN THE REPUBLIC OF KAZAKHSTAN

This article discusses the experience and problems of building of law-abiding state. The idea of law-abiding state was born by the liberal trend of Western (bourgeois) political and legal thought. His-torically, this idea combined the concept of inalienable natural human rig...

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Autor principal:	A.D. Tolysbayeva
Formato:	article
Lenguaje:	EN KK RU
Publicado:	Al-Farabi Kazakh National University 2021
Materias:	division of powers human rights and freedoms legislation justice civil society law legal system system of checks and balances right Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/212b0add2fc449b6bb016eaf2d865e38
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spelling	oai:doaj.org-article:212b0add2fc449b6bb016eaf2d865e382021-11-05T09:47:18ZABOUT THE EXPERIENCE OF BUILDING OF LAW-ABIDING STATE IN THE REPUBLIC OF KAZAKHSTAN10.26577/JAPJ.2021.v99.i3.011563-03662617-8362https://doaj.org/article/212b0add2fc449b6bb016eaf2d865e382021-09-01T00:00:00Zhttps://bulletin-law.kaznu.kz/index.php/journal/article/view/2524/2243https://doaj.org/toc/1563-0366https://doaj.org/toc/2617-8362This article discusses the experience and problems of building of law-abiding state. The idea of law-abiding state was born by the liberal trend of Western (bourgeois) political and legal thought. His-torically, this idea combined the concept of inalienable natural human rights with the concept of the state – the «night watchman» of these rights. From the position of the legal essence of the rule of law, the public power of the latter excludes arbitrariness and acts only in accordance with the law, understood as a measure of freedom, normatively fixed justice. It is assumed that laws should be constantly checked for compliance with the law, its principles and the legal system. The main provisions of the concept of law-abiding state include: the supremacy of civil society over the state, the subordination of the state to the control of civil society; the primacy of law over politics and law; the supremacy of law over an administrative act and administrative discretion; the clear separation of the legislative, executive and ju-dicial authorities; freedom of activity of individuals and their associations on the principle of «everything that is not prohibited is allowed»; guarantee of the protection of the interests of a minority; direct legal effect of the constitutional norms; jurisdiction of the court of any dispute about law.A.D. TolysbayevaAl-Farabi Kazakh National Universityarticledivision of powershuman rights and freedomslegislationjusticecivil societylawlegal systemsystem of checks and balancesrightLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENKKRUХабаршы. Заң сериясы, Vol 99, Iss 3, Pp 4-12 (2021)
institution	DOAJ
collection	DOAJ
language	EN KK RU
topic	division of powers human rights and freedoms legislation justice civil society law legal system system of checks and balances right Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	division of powers human rights and freedoms legislation justice civil society law legal system system of checks and balances right Law in general. Comparative and uniform law. Jurisprudence K1-7720 A.D. Tolysbayeva ABOUT THE EXPERIENCE OF BUILDING OF LAW-ABIDING STATE IN THE REPUBLIC OF KAZAKHSTAN
description	This article discusses the experience and problems of building of law-abiding state. The idea of law-abiding state was born by the liberal trend of Western (bourgeois) political and legal thought. His-torically, this idea combined the concept of inalienable natural human rights with the concept of the state – the «night watchman» of these rights. From the position of the legal essence of the rule of law, the public power of the latter excludes arbitrariness and acts only in accordance with the law, understood as a measure of freedom, normatively fixed justice. It is assumed that laws should be constantly checked for compliance with the law, its principles and the legal system. The main provisions of the concept of law-abiding state include: the supremacy of civil society over the state, the subordination of the state to the control of civil society; the primacy of law over politics and law; the supremacy of law over an administrative act and administrative discretion; the clear separation of the legislative, executive and ju-dicial authorities; freedom of activity of individuals and their associations on the principle of «everything that is not prohibited is allowed»; guarantee of the protection of the interests of a minority; direct legal effect of the constitutional norms; jurisdiction of the court of any dispute about law.
format	article
author	A.D. Tolysbayeva
author_facet	A.D. Tolysbayeva
author_sort	A.D. Tolysbayeva
title	ABOUT THE EXPERIENCE OF BUILDING OF LAW-ABIDING STATE IN THE REPUBLIC OF KAZAKHSTAN
title_short	ABOUT THE EXPERIENCE OF BUILDING OF LAW-ABIDING STATE IN THE REPUBLIC OF KAZAKHSTAN
title_full	ABOUT THE EXPERIENCE OF BUILDING OF LAW-ABIDING STATE IN THE REPUBLIC OF KAZAKHSTAN
title_fullStr	ABOUT THE EXPERIENCE OF BUILDING OF LAW-ABIDING STATE IN THE REPUBLIC OF KAZAKHSTAN
title_full_unstemmed	ABOUT THE EXPERIENCE OF BUILDING OF LAW-ABIDING STATE IN THE REPUBLIC OF KAZAKHSTAN
title_sort	about the experience of building of law-abiding state in the republic of kazakhstan
publisher	Al-Farabi Kazakh National University
publishDate	2021
url	https://doaj.org/article/212b0add2fc449b6bb016eaf2d865e38
work_keys_str_mv	AT adtolysbayeva abouttheexperienceofbuildingoflawabidingstateintherepublicofkazakhstan
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ABOUT THE EXPERIENCE OF BUILDING OF LAW-ABIDING STATE IN THE REPUBLIC OF KAZAKHSTAN

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