Author

Dyachuk M.I.

Title of article

Concretization of civil legislation by the Supreme Court of the Republic of Kazakhstan: necessity and limits

Section

Comparative studies and foreign experience

Issue, year

4 (30) 2014

Abstract

The problem of concretization of legislation by judicial authorities is considered. The author proves the necessity to concretize legislation: abstract nature of laws causes law enforcement concretization of legislation which is conducted by using of interpretation techniques, detailing, specification and developing certain elements of legal norms for the purpose of exact and absolute legal regulation. The Supreme Court of the Republic of Kazakhstan is one of the subjects of concretizing civil legislation. The problem of law concretization limits (change of meaning) is shown. The Supreme Court itself determines its role in assigning the limits of understanding and concretization of civil legislation. The RK Supreme Court does not conduct law-making process directly by providing the correct understanding of the provisions of the Constitution and effective legislation of the Republic. It does not intrude into the competence of legislative body and does not substitute for it, but participates in conducting legislative process, forms positive law and contributes to development of the law itself. The RK Supreme Court orients inferior courts toward making similar decisions through elaborating legal positions and propositions. It also studies judicial practice in normative provisions and ensures its unity across the country. The higher court determines limits of concretization, its character and consequences, responds to law enforcement situations. In case of changing the regulation object the judicial concretization allows to implement civil legislation without changing its wording, to determine specific controversy or to provide official interpretation of laws, stating such changes and eliminating contradictions between law and fact.

Keywords

concretization of law, the Supreme Court of the Republic of Kazakhstan, normative acts, wording, lawmaking.

References

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2. Rabinovich I.M., Shmeleva G.G. Konkretizatsiya pravovykh norm: Obshcheteoreticheskie raboty [Specification of legal norms : General theoretic works]. Pravovedenie – Jurisprudence, 1985, no. 6, pp. 31-39.

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