3. Legal act.

Normative legal acts are the first and most perfect form of modern law. Legal act - an act of legislative activities of the government and that establishes, amends or repeals the law.

In addition, the legal act is a written document of the competent public authority, which establishes, modify or terminate the law containing the rules of behavior of a general nature. Normative-legal acts issued bodies with normative competence in strictly prescribed form. The validity of a regulatory act depends not only on the location and position of the organ, but also on its jurisdiction conferred upon it by the state under the law.

Depending on the validity of legal acts are divided into laws and regulations.

Law is a legal act, taken in a specific order on the most important issues of public life and has supreme legal authority. The legally binding means property regulations actually act producing legally binding effects. Legal validity depends on where law-making body in the apparatus of the state, from its jurisdiction, and all of this is determined by the problem being to the public authority tasks. Legal effect is manifested in the hierarchy of legal acts. Regulations are issued on the basis and in pursuance of laws acts containing legal norms.

Higher validity of the law is manifested in this rule (this is one of the principles of the rule of law), in the other by-law regulations. The rule of law by the principle of popular sovereignty is from the fact that the people themselves or pass laws in a referendum or elections delegate his authority supreme representative body of government­parliament. The rule of law is as follows: 1. no body has the right to cancel or change the law, 2. all other regulations shall not conflict with the law, 3. the rule of law operates, enshrined in law.

Depending on the regulated public relations, the degree of impor­tance of the laws are divided into: 1.

Constitution - is the main law of the state. He takes the main place in the regulations, is the legal basis of all legislation. The current Constitution of the Republic of Kazakhstan was adopted on 30 August 1995, in a national referendum. Then it was amended twice: the Law of the Parliament of Kazakhstan «On Introduction of Amendments and Additions» on October 7, 1998 and the special law of 21 May 2007.

The Constitution is the primary law-making and act system-for­mative legal system to optimize relations: the legal system and the legal system, the rule of law and civil society, social, economic, poli­tical and legal system, the Constitution provides the legal system of the legal rule of law, legal stability and succession even political and other changes in society;

It is clear that the most democratic constitution, which provides the most extensive rights of the population, the separation of powers, rule of law, etc., becomes a simple declaration, if its implementation is not based advanced, comprehensive, hierarchical structures, consistent legal system.

Pluralism lawmaking today we expressed quite unique: there is a whole system of laws, which, oddly analyze, does not meet the traditional classification laws. Given the constitutional provisions, Assoc. R.T. Okusheva distinguishes ten types of laws: 1) The Consti­tution of the Republic of Kazakhstan, and 2) Constitutional Law of the Parliament of Kazakhstan (item 4 of article 62, paragraph 1 of Art. 53, Article 9, paragraph 4. Article 64, § 4 Article 49, paragraph 6. article 71, paragraph 4 of Article 75; p.1.st.92) 3) The law of the Parliament of the Republic of Kazakhstan (p.1st.62) 4) the Act of the Parliament of the Republic of Kazakhstan to amend to the Constitution (Clause 1 of Article 53, Article 91 paragraph 1), 5) Act of Parliament to make changes and additions to the constitutional laws (p.1. Article 53 of), 6) the law adopted in the national referendum (p.2.

Such a variety of laws in the RK disconcerts. What is it - the birth of a qualitatively new system of legislation? If - yes, to what extent it meets legal principles, it is whether the system is legal content?

In the above classification of laws on the Constitution largely conventional: to use the phrase «The Law of Parliament», the «Law of the President», «legitimate government» is not used in the Constitution nor in the Law «On normative legal acts».

By classification (or taxonomy) of R.T. Okusheva in this case refrained from direct assessment of the situation and expressed rather vaguely. In particular, it suggests that the proposed classification headings such laws as 2), 3), 4), 5), 6), 7), 10) is likely to cause some critical objections to both the representatives of academia, so and practitioners, as in a form and content, this classification does not coincide with the famous traditional approach to classification of laws. But at the same time, this fact, she noted, stimulates new scientific research in the study area, especially in the actual legal practice which operates a wider range of law than it is presented in the Constitution.

In this case, examples of the Constitutional Law of the Republic of Kazakhstan on amendments and additions to the Decree of the President having the force of constitutional law, the Law of the Republic of Kazakhstan on amendments and additions to the Decree of the President, which has the force of law. This includes even a group of acts having the force of law and adopted by the President in the period of absence of the Parliament of the Republic of Kazakhstan and the second delegation of legislative power, but acting today.

But in another article R.T. Okusheva expresses a definite opinion on the ten kinds of laws, separated by the content and meaning of the Constitution. She writes: «This, in our view, is quite acceptable classification model laws in the Republic of Kazakhstan, as the subject and differential indicate the location of each law, subject to the host, and their validity. In other words, it shows that the Parliament adopts several kinds of laws that give their hierarchy, and apart from him, there are two bodies - the President and the government having the right to make regulations, equal in status as the law».

It's also extraordinary that the president has the right to receive two types of acts, among which is difficult to distinguish their legal force - Laws and decrees having the force of law. However, they cannot be put into a common set of laws, as adopted for different reasons, in different situations and in different, apparently procedure. Legal regulation of them is not very clear.

To clarify the problem-solving system of legislation was the Act «On normative legal acts», adopted ten years ago, March 24, 1998. Its Article 1 provides a system of concepts of legislative sphere - legal act, legislation, rule of law (legal norm), and the level of legal act, a law introducing amendments to the Constitution of the Republic of Kazakhstan, constitutional law, law, statute, code, regulations, and authorized body - with 11 concepts.

We do not undertake to analyze these concepts individually or in their chain of command, to the extent they are successful or not quite perfect. This is a special theme of the study. Just note that made a significant next step after the formation of the Constitution of the legal system, and thus the real intention to form a complete system of law and the legal system in general, the rule of law and civil society.

In Art. 3 of the Act provides a detailed list of the main types of derivatives and regulations - eight types of fixed and four types of derivative instruments.

As we can see, in a relatively short period of time before scientists and practitioners appeared quite meanings classified legal system. Therefore, before the science gets a lot of questions, and perhaps chief among them - to determine the degree of conformity of this vast system of law system of law of non-contradiction and the legal system of the state of law. It is therefore necessary to turn to the analysis of categorical relations above systems of law and legislation in the common law system.

The problems are pretty much discussed by scientists of the Russian Federation; we are, unfortunately, a few behind. While on the other hand, need time to test in practice the new legislation to assess the establishment of a full-bodied system formations in law and legislation. At the same time, theoretical studies in Russia can be used as an experience; the more scholarly discussion of it is practiced more spending in the regions closer to the «live» legal reality, with the publication in the press materials and results of research and Lessons Learned.

With respect to claim 1 of the main content of Article 4 of the Constitution of the existing law rather sharply expressed by the Academician of the NAS of the Republic of Kazakhstan G.S. Sapargaliev: «Thus, the right is identified with the laws, regulations. In legal science is generally accepted that it is impossible to identify rules and laws. Right is a management tool based on the principles of democracy, justice and humanism. If the policy is aimed at the formulation of such a right, then the control is in the interest of the people. If the policy and management do not meet these guidelines, they cannot rely on the law, that is, they are directed not to the legal case. They can rely on the law, the law on unlawful. Could it be the law of unlawful? Yes, it can....

But more significantly soften criticism, a respected author hopes that the definition of the right given by the Constitution, can be the basis for a democratic legislation. We must bear in mind, he believes that the constitutional idea is that the adopted laws, regulations should be humane, democratic and fair, and that the law-making body guided by the Constitution for the adoption of regulations that are legal in content.

Of course, these assumptions and expectations are not contrary to the general legal ideas and principles of law-making and law-enforcement practice of the common law, as well as conventional systems, folklore, indigenous rights, to the same practices and systemic understanding of foreign law permits a wide palette of pluralistic language.

It can be said that the term «existing law» in the Constitution itself is not inherently flawed. As can be seen, the above characteristics of law and its sources, and the legal system are very diverse and ambiguous. Another case in which legal environment with which the system interacts legal culture system of law? If we consider our present harsh legal reality, it will probably have to accept the fact that the designation of the system of law applicable law, with the inclusion of all the regulations and the two types of regulatory decisions is not a major flaw in our legal system and the legal system.

The Constitution of the Republic of Kazakhstan to the principle of separation of powers, with some of its correction, as our country is currently in a special transitional period and needs a strong power of the President as the main guarantor of constitutional rights and freedoms of man and citizen, coordinating the activities of the legislative, executive and judicial powers, State. In this Constitution provides for the democratic foundations of education of all branches of government, including the election of the President - Head of the state through a national direct secret ballot.

«Presumption of natural law» is a very valuable position, reflecting a characteristic feature of the rule of law and civil society, worthy, perhaps in the future to be written in the Constitution. But the position of the «indirect method of realization of freedom» is in doubt. The main meaning and importance of civil society and in fact lie in the fact that it through political institutions and the State will incarnate the minimum number of interests and needs of human and civil rights and freedoms. Root mass of the latter should be realized through self­management is just the beginning of the laws based on the principles of natural justice. Therefore, civil society, in general, should only interact with the legislative branch, bypassing bureaucratic offices, and bureaucratic obstacles.

List of constitutional laws exhaustively defined by the Constitution and the Law «On normative legal acts of the Republic of Kazakhstan».

Ordinary laws, all other legislative acts adopted by the Parliament.

Some authors distinguish the organic laws, which are the «laws go­verning the organization and operation of government agencies on the basis of blanket articles of the constitution or law, to which refers the constitution».

Subordinate regulations - it acts adopted by executive and adminis­trative bodies ofthe State on the basis and in pursuance ofthe law. They are:

- Presidential Decree;

- Regulations and decisions of the Government;

Rules and regulations of ministries, departments, committees in the form of instructions, regulations, orders, and others;

- Regulations of the local executive bodies;

- Local regulations, i.e. acts adopted by the institutions, enterprises and institutions.

Rule of law, to regulate social relations are contained in official documents, acts and regulations. Operating in a particular state regula­tions consistent with each other and form a complete system, called the system of legislation. Questions the concept of the legal regulations, the normative legal acts in the space and time are important, both for the law-making process, and for the work to implement the law. It is a legal act as the external form of the right to determine which regulate social relations contained in the act of the law, when they begin to act, what territory they spread, what category of persons concerned.

Regulatory and legal act is a product of the legal effects which it provided.

Scope of the regulatory act are usually installed on three main parameters: time, territory, and the public. Sometimes add a fourth option: a sphere of social relations that govern contained in the legal act and the law say about the subject of regulatory and legal acts.

With the redistributions of the regulation implementing the requirements associated law. These limits should be regulated so that the adopted regulations are put into effect in a timely manner, the old canceled, strictly determined by their chain of command, avoid any arbitrary use of the act to relationships that do not fall within the scope of the operation.

Regulatory and legal act in time, subject to the following factors: 1. the entry into legal force, 2. moment of loss and void. Date of entry into legal force may be specified, or in the legal act, or in an accompanying document. Called a specific date, most common period between the adoption and implementation of a regulatory act does not exceed one to three months. Legal act can enter into legal force in stages. In this case, the introduction of the stages of various chapters, sections, articles or designated deadlines associated with the onset of certain conditions. Can be specified as the following term: legal act comes into legal force from the date of signing the go. The following methods oftermination ofthe regulations on time: 1. direct cancellation regulatory act 2. virtual abolition of the legal act by another piece of legislation, adopted on the same subject, 3. expiration of the term for which was issued a legal act, if time has been fixed 4. changes in the situation, the disappearance of public relations, the regulation of which were calculated certain regulations.

Regulatory and legal acts in the area due to their spread in the territory. Normative legal acts of the State extends to the entire territory of the State. This rule follows from the characterization of the power of the state as a sovereign power. It is because of the state sovereignty of regulatory and legal acts of the State in its territory completely and exclusively. State territory recognized part of the world to which the sovereign power of the State. Usually, it does include: land space within the state borders, the subsoil within state borders, internal waters, i.e. water in rivers, lakes and other bodies of water, the shores of which is wholly owned by the state, territorial waters, continental shelf, air space within national borders, military ships flying the flag of the state, civil ships flying the flag of States that are in international waters or in international airspace, territory embassies, missions and consulates of the state abroad, space ships (stations) with the sign of the state, a registered object.

The general rule of the legal acts in the space, there are exceptions to the so-called cases of extra-territorial operation of the law, which is manifested mainly in the relations with foreign citizens and organi­zations.

Normative legal acts of the state as a general rule extends to all per­sons within the territory of that State. Thus, under the laws and re­gulations of any country subject to the citizens of the State, foreign citizens and stateless persons in the territory of that State.

Effect of regulations on number of persons can be seen also in the following aspect: the addressees the requirements contained in the regulations are individuals, a variety ofnon-governmental (commercial and non-profit) organizations, officials, government agencies, the state as a whole.

Thus, the effect of regulations on the number of persons classified according to the following reasons: the political and legal status (aliens, citizens, stateless persons and refugees), gender (male and female), age, professional affiliation (military, special servants).

The opinions of leading scientists in the field of civil law regarding systemic issues in the chain of command and hierarchy of legal acts. Academician of the NAS of the Republic of Kazakhstan M.K. Suleymenov and prof. Yu.G. Basin, summing up the work on the adoption of the Civil Code, write: «The mechanism introduced by the Law on Normative Legal Acts... not perfect... With the adoption of the Civil Code (Special Section), the situation escalated. The law specifically allocating codes as a unifying and systematizing the laws governing the homogeneous social relations (paragraphs 9 Art. 4), set them, however, on one level of the hierarchy with ordinary laws (claims 3 point 2 of Article 4). Next (Article 6 of the Law) found that

when comparing the non-reciprocal regulations of different legal force has priority act at higher levels. In case of dispute as acts of equal legal force later adopted normative act takes precedence over the previous decision of the act».

It is logical reasoning, that he observes that the presence of the phrase «contradictions» that rule allows for the adoption of several regulations on uniform social relations. However, if subsequently adopted a normative act of a higher level than the current one, the latter in the same piece of legislation should be declared invalid, or in practice, maintaining the status ofthe existence oftwo regulations, even if at different levels, but the governing homogeneous social relation, cause conflict especially in cases of claims of civil proceedings. It is understood that each party to the civil process will be based, defending their interests, it is the rules of the legal act, which is more in line with its point of view. In accordance with Art. 267 CC only in the courts of invalid legal act, and as the former is not a normative act is declared invalid, the party of civil relations defends its position and bears all the material costs to pay for the trial. Therefore, according to M. Seyd- Ahmed, regulation of higher legal force should be determined by the fate of the former regulation.

Art. 6 of the acts and regulations in its meaning does not exclude the possibility of a standard-setting instrument less legal force compared with the normative legal act. But the question is, what is the need to take legal act is clearly against the contents of the existing normative legal act of higher legal force? All the more so in 3 to 4 provides: «... each of the normative legal acts of lower level cannot contradict the normative legal acts of higher levels». This provision categorically captures inadmissibility of subordinate entities regulations contradict the normative legal acts of the higher authorities. Moreover, like M. Seyd-Akhmetov, such regulations will not be registered in the Ministry of Justice of RK (paragraphs 2) of section 2 of Art. 38 of the same Act, that means they cannot be considered in force.

Thus, it would seem, that the whole system (the organization hier­archy, planning, training and development, negotiation, decision regula­tions) generally precludes the possibility of the simultaneous existence of uniform regulation of social relations of several different levels of regulations, however, such a legal nonsense as Section 1, Art. 6 exists. The reasons for it must be sought in the shortcomings of the system of laws and law-making, or even in incoherence of legal system.

The system of any state laws tends to divide by laws and regulations. Law is a legal act, which has the highest legal force, passed in a very specific, special circumstances, establishing the basic rules of all branches of the law and regulating the most important public relations.

The effectiveness of legal reform, in general, to a large extent depends on the degree of involvement of each organic law in the legal system, legal system, legal system, and strict compliance with the Constitution and the Law «On normative legal acts», the Civil Code, etc. Each bill assumes exposed thorough examination for compliance with the basic principles of law. However, it should be checked for compliance with the system of legislation, law, legal system. In industrial research we should also identify the degree of their own system of each industry and involvement in more general systems and subsystems of the entire legal sector. But such coordination efforts undertaken so far is not enough. To some extent, this does not quite promote rapid dynamic processes of law reform, which has positive and negative sides. Sometimes there is the imminent obsolescence of the law in the process of scientific understanding for which to a certain time. In a rapidly changing legal process is somewhat more history, represents the present and the future of our legal, something is shaping up as a tradition or rejected as a foreign and unusable.

4.