16. The structure of legal norms

Legal norm is a mandatory rule of social behavior established by the state. Like all of law, a legal norm aims at developing certain social relations in the interests of the ruling class. A legal norm indicates the conditions of its execution, the subjects of the relationships that it regulates, the mutual rights and duties of the subjects, and the sanctions for failure to perform a duty. Legal norms are adopted by authorized state agencies, and they are made binding by the state through the fostering of legal consciousness in its citizens and the application of measures of state coercion to violators of the legal norms. The body of legal norms in a given society constitutes its law.

Structure of legal norms:

-the hypothesis, which sets forth the conditions under which a person should be guided by the given legal norm;

-the disposition, which indicates the rights and duties of the participants in relations arising under the circumstances envisioned in the hypothesis;

-the sanction, which defines the consequences for persons who violate the prescriptions of a particular norm. In criminal laws, a legal norm usually consists of two parts: a disposition (the elements of a criminally punishable action) and a sanction (the penalty for committing the particular act).

Legal norms are classified according to their legal force, depending on the agencies that issue them (law, decree), according to the object that they regulate (resulting in the division of law into such branches as state, civil, and financial law), and according to the limits of the effect of legal norms in time and space. Legal norms are also divided into “imperative” norms, containing precepts that are compulsory for participants in legal relationships, and “dispositional” norms, allowing the participants to define their rights and duties within the limits established by law. If the parties have not stipulated their rights and obligations in a contract, the rule contained in the given legal norm applies

17.The principles of constitutional law

Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause.

Principles of constitutional law are characterized by such features as a realism, justice, normativity, humanism, state warranty, constitutionality, credibility, authoritativeness, the validity, efficiency.

Sapargalyev G. named principles of constitutional law, such as:

Sovereignty is the ultimate power, authority and/or jurisdiction over a people and a territory. No other person, group, tribe or state can tell a sovereign entity what to do with its land and/or people. A sovereign entity can decide and administer its own laws, can determine the use of its land and can do pretty much as it pleases, free of external influence (within the limitations of international law).

Recognition of the principle of ideological and political diversity.

Ideological diversity is the condition of entertaining or allowing more than one set of beliefs. For example, religious.

Pluralism is the view that politics and decision making are located mostly within the government, but that many non-governmental groups use their resources to exert influence.Alsogroups have different interests and may act as "veto groups" to destroy legislation that they do not agree with.

Principles can be classified into three bases in a constitutional law:

1) on external;

2) on internal;

3) on mixed criteria.

The basis for the classification of external parameters come from human values, as well as the objects and methods of legal regulation. Because of that, principles can be divided into two groups, connected between themselves:

1) The principles of the material constitutional law, which is primary. These include the following principles:

-The principle of free access to the courts for protection of the rights and freedoms, Article 13; -The principle of non-discrimination, Article 14;-The principle of freedom of work, the choice of occupation and profession , ;-The principle of inviolability of the home, Article 25;-The principle of non-restriction of rights and freedoms for political reasons, Ar.39, etc

2) The principles of procedural constitutional law, which are secondary. Examples: -the principles of acquisition of citizenship of the Republic of Kazakhstan, -the principles of interoperability among the branches of government by using the system of checks and balances,etc.

Legal limit regulation is used in classification of principles in constitutional law on internal base. By this criterion, the principles are divided into the two groups:

1) The general branch principles (for example: the principle of the constitutional recognition of ideological and political diversity(article 5), the principles of solving the most important issues of state by democratic methods, the principle of the sovereignty,etc.);

2) Institutional principles (for example: the principles of free (legal) propagations the information (Article 20), the principles of election of deputies of the Parliament and Maslikhats, the principle expression of vote of confidence (mistrust) to the Government by the Parliament, the principle of the expression of vote of confidence (mistrust) to akim by Maslikhats deputies, other principles).

Mixed basis of the principle is divided into the following two groups:

1) universal principles (for example: the principle of higher legal force and direct action of the Constitution Republic of Kazakhstan in 1995 on the entire territory, the principle of constitutional legality, the principle of absolute and inalienable human rights and freedoms, other principles.

2) Complex principles, which include elements (beginnings) of several branches of law (for example: the principle of diversity of ownership and the use of it, the principle of freedom of business, the principle of presumption of innocence, the other principles. These principles laid the foundation constitutional law as the principles, which derive their detail or in civil, family, or financial, administrative, or other branches of law).