THE MAIN SUBJECTS OF THE CONSTITUTIONALIZATION OF CRIMINAL LAW AND CRIMINAL PROCEDURE OF THE REPUBLIC OF KAZAKHSTAN

Abstract

The relevance of the topic of constitutionalization of the legal system in general and the criminal legal sphere in particular is predetermined by the increased importance of the ideas of the rule of law, constitutionalism and constitutional order in the modern world. In this aspect, the concept of constitutionalization is increasingly used in legal doctrine and legal practice, denoting an integral system of effective implementation of constitutional and legal values and principles in the norms of Kazakh legislation and law enforcement practice. The significant role of the norms of the Constitution of the Republic of Kazakhstan determines their regulatory, organizational, value and human rights impact on the formation and development of criminal and criminal procedural legislation. In this regard, the role and importance of constitutionalization subjects increases, the degree of their influence on the formation of legislative proposals for improving legislation, as well as on the adoption of legislative acts that ultimately determine the regime of constitutional order and constitutional legality. The immediate results of constitutionalization are ensured through law enforcement activities and lawful behavior of participants in legal relations. In this regard, it seems necessary to consider the role of the main subjects of the constitutionalization of criminal law and the process in conjunction with the analysis of such concepts as sources of constitutionalization, objects of constitutionalization, auxiliary subjects of constitutionalization. The article analyzes these issues taking into account the fact that the Kazakh doctrine has not yet developed scientifically sound proposals that would consider constitutionalization as a complex system with its interrelated elements: subjects, object, content. The author of the article considers the constitutionalization of criminal law and criminal procedure law as an independent institutional phenomenon of legal reality, the end result of which is the regime of constitutional order and constitutionalism. The main engine and locomotive of constitutionalization will be the subjects that establish, modify, specify or cancel the operation of the norms of national legislation, taking into account constitutional values.