Сравнительно-правовой анализ Конституционных судов Российской Федерации и Республики Казахстан: процессуальный аспект

Abstract

The authors of this work made an attempt to demonstrate the differences and similarities in the status, composition, structure and powers of the bodies of constitutional justice of the Russian Federation and the Republic of Kazakhstan. Such a comparative legal analysis is in demand by legal science in connection with the significant constitutional reform that took place in Kazakhstan in 2022, as a result of which the Constitutional Court replaced the Constitutional Council. In addition, the Constitutional Laws of the Republic of Kazakhstan "On the Prosecutor's Office" and "On the Commissioner for Human Rights in the Republic of Kazakhstan" were adopted. In 2020, the Basic Law of the Russian Federation also underwent significant changes. We should not forget about the similarity of the paths of development of constitutionalism in Russia and Kazakhstan, which is due to the Soviet past, close proximity and close cooperation in various fields of activity. The result of the study was the conclusion about the proximity of the Russian and Kazakhstani models of constitutional justice. Despite this, there are quite unique norms that are characteristic of the constitutional acts of each country. Attention is drawn to the differences in the status of constitutional justice bodies, as well as differences in their competence. The procedure for the formation of the Constitutional Courts of the Russian Federation and the Republic of Kazakhstan is different, the issues of ensuring their activities are resolved in different ways. Differences are established in the subject composition that enjoys the right to apply to the Constitutional Court of their state. Identified special conditions for filing a complaint with citizens of Russia and Kazakhstan in the national bodies of constitutional justice.