Constitutional aspects of the implementation of international legal norms in the Republic of Kazakhstan

Abstract

The article considers the formation of legal regulation of the implementation of international legal norms in the Republic of Kazakhstan at the constitutional level. The development of legal regulation of the implementation of international legal norms in the Republic of Kazakhstan began after the end of the stay in the USSR, in which the Union authorities gave the formal, prescribed in legislation, but not applied in practice, the right of the Kazakh SSR to enter into relations with foreign states. In the Declaration «On State Sovereignty of the Kazakh SSR» dated October 25, 1990 the right of the country to act as an independent subject of international relations was announced, and this right was described in more detail in the Constitutional Law «On State Independence of the Republic of Kazakhstan», adopted on December 16, 1991. The adoption of the first Constitution of sovereign Kazakhstan in 1993 was marked by a special attitude to international law. In accordance with the norms of article 3 of the Constitution, international legal acts on human rights and freedoms recognized by the Republic had priority over national laws on its territory. In the second Constitution of 1995, the attitude to international law became more balanced, a more flexible procedure for the execution of international treaties was defined, which after numerous changes that were made to the text of this Constitution, has retained its meaning to the present.