13. Check and balance system

"Checks and balances" is as a set of established organizational and legal measures in the Constitution, its purpose is to ensure the activities of branches of government within of their powers, which provides the responsibility for their excess.

One of the most important principles of the democratic organization of the state is the principle of separation of powers. The Constitution of the Republic of Kazakhstan has established that the state power in the Republic is based on the Constitution and laws in accordance with the principle of the separation of legislative, executive and judicial branches, using a system of checks and balances. The system of checks and balances aims to state authorities, exercising their powers could not rely on the impunity of officials for their violation of the usurpation of authority.

The concept of each branch having its own set of job duties and authoritative capacities is known as the concept of separation of powers. The concept of separation of powers is directly related to the system of checks and balances because each branch has its own set of powers (balances), and some of the capabilities that each branch has makes sure that another branch doesn't abuses its power (checks).

These are some features of the system of checks and balances, based on the Constitution of Kazakhstan:

-Checks and balances are mainly fixed in the Constitution , therefore they are constitutional means of formation and balance of the activities of state bodies.

-Checks and balances are not random, chaotic set of means of influence on branches of government, but they are system resources, which are bound to the essence of the state mechanism logically and organically.

-Each of the branches of government is vested specific types of checks and balances, and it can be used if it is necessary.

-The system of checks and balances also works between the branches and state bodies, which are not part of the branches.

-The system of checks and balances works in all state bodies, from top to bottom.

-Checks and balances provide that none of the branches of government could usurp the power of the entire state.

-Checks and balances must ensure independent functioning of all branches of government according to their authority.

- Checks and balances should ensure cooperation, coordinated functioning of all branches of government and state bodies, which are not part of the branches.

"Checks" are organizational and legal measures, which are aimed at ensuring the legality in the process of formation of the state bodies, and to prevent violations of their authorities or to correct violations. So strict compliance with the electoral law allows for the formation of the Majilis and the Senate, and the strict observance of the Constitution allows the Parliament to carry out its legislative work within its authority.

"Balances" are the organizational and legal means, which create conditions for the normal functioning of the branches of government in the whole mechanism of legal regulation.

The presence of contradictions and confrontation is recognized by the legal system, which provides the legal and organizational measures, which are aimed at overcoming them. The Constitution of the Republic of Kazakhstan presents the most important ones. AccordingtoG.S. Sapargaliyev, mainmeasuresare:

1.Majilis of the Parliament may not accept the legislation, which is submitted by the Government.

2.Parliament of the Republic at a joint session of the Chambers, after hearing the report of the Prime Minister and government programs, may reject it.

3. A majority of two-thirds of the total membership of each chambers of Parliament may express distrust to the Government.

4. Disagreement between the Senate and the Majilis of the Parliament on the issue of legislation are resolved through conciliation procedures.

5. If Majilis does not adopt the legislation , which is offered by the Government, Prime Minister has the right to put on the joint session of Parliament the issue of trust to the Government .

And there are a lot other measures.

14) Main functions of Constitutional Law.

• The determination of legal status and functions of the state as an integral sovereign part of the society, status of subjects of federation and common federation bodies;

• Legal structuring of the state as a single state authority;

• Establishing common measures of individual freedom in the system of relations in the state, society and personality;

• Regulating the priorety of the right /by the law and the regimes of the law as a form of law;

• Regulating the structure of the legislation;

Realization of this functions determines the subordination of the whole branches of law to the constitutional by the equal basics, their legal subordination.

At the second “section” all branches which formed the system of law, compiles two groups: directly regulating different regions of public relations and organizing its realization.

The material law regulates the material relations. It submittes by a developed system of departments. In this context international law and constitutional law are parts of material law. It also includes administrative law, law enforcement, land law, water law, forestry law, mining right; financical right; civil law; employment law; family law; criminal law; criminally-executive law.

At the system of departments of the material law holds the gradation of its roles in formations of methods of legal regulation:

1. Fundamental branches of law or main profiling: constitutional, administrative, civil, criminal, land.

2. Special (not the main): water, forestry, mining; family, distinguished from the civil law; criminally-executive, distinguished from the criminal.

There are two ground circamstences:

• Fundamental branches evolved according a long historical process of the legal development of the society, they are original and going back to the ancient times;

• Methods of legal regulating of the special departments save the features of the continuty of basic law department methods.