ON THE HIERARCHY OF NORMATIVE LEGAL ACTS
The article is devoted to one of the key problems of the modern theory of law - the hierarchy of normative legal acts. The points of view that exist in the legal literature on the concept of hierarchy in positive law are studied. The author comes to the conclusion that it represents the ratio of normative legal acts, which are arranged in a certain vertical sequence, as their legal force decreases, and implies the correspondence of acts of each lower level to acts of higher levels. A critical analysis of the Constitution of the Republic of Kazakhstan and the Law "On legal acts" was carried out. It has been established that this Law, fixing the hierarchy of normative legal acts, in its separate provisions contains norms that are controversial and contrary to the Constitution. Thus, pointing to the higher legal force of codes in comparison with consolidated and ordinary laws, it is noted that it is inadmissible to introduce amendments and additions to codes in the lawmaking practice of the Parliament simultaneously with amendments to other laws by a single law lower in the hierarchy of normative legal acts. The work also points out the contradiction of the Constitution of the norm of the Law on the subordinate position of the normative legal acts of the President in comparison with the normative resolutions of the Parliament and its Chambers, given the lack of subordination between these bodies and their independence in the system of separation of powers. The provisions of the Law on being outside the hierarchy of normative legal acts of the Chairman of the Security Council, normative resolutions of the Constitutional Council and the Supreme Court were subjected to justified criticism. On the basis of the analysis carried out, proposals were developed to improve the Law "On Legal Acts".