ON THE DETERMINATION OF CERTAIN COMMON CRITERIA DELIMITATION OF POWERS PRESIDENT AND GOVERNMENT OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF KAZAKHSTAN
( Pp. 19-22)

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Bakirova Zyamzyamgul Bolatovna soiskatel.; Podrazdelenie: kafedra konstitucionnogo prava
South Ural State University
Abstract:
On the Constitution of the Russian Federation and the Republic of Kazakhstan, of course, are among the most committed and worked from the standpoint of legal technique and legal acts of those States. However, there remains a number of open questions, of which one of the most important is the question about the choice of criteria of differentiation of the President and the Government. On the pages of scientific journals, including foreign, continues active debate on this question, which involved a number of prominent scientists who study constitutional law countries formed the post-Soviet space, including western, such as Henderson, Mark H. Eckert and etc. Lack of clarity in the definition of the criteria for such differentiation leads to considerable difficulties in the practical application of the machinery of government, which in turn requires them to improve through changes and additions to the law of the state - the Constitution. In the article the author's choice is seen as the ultimate goal the development of classification and compilation of a list of criteria of differentiation of powers government entities in the field of public administration and the executive. Therefore, this research study aimed at exploring the criteria for the division of powers of the President and the Government of the Russian Federation and Kazakhstan, established constitutions of those States, it is very important. In their study, the author uses, in addition to methods of comparative and benchmarking, as well as formal logical methods of classification, generalization, and typology. Explores the notion of "criterion", "delineation criteria." Analyzed standpoint theoretical scientists to determine the definition of "criteria of differentiation." Formed features and properties that are common types of criteria of differentiation of the President and the Government of the Russian Federation and Kazakhstan. Copyright widely studying the opinions of experts on the aforesaid issues, advances and defends their own judgment. As a conclusion, the author suggested that the presence of common criteria for the division of powers of the President and Government of the Russian Federation and the Republic of Kazakhstan contributes to the establishment and maintenance of a stable society, the rule of law. As a result, defined the concept of criteria of differentiation, their classification on the basis of allocation of general and special, is a complete set of common criteria. The novelty of this research study is seen in the fact that it provides a comparative and comparative analysis of different categories used in the science of law and political science, provides a detailed list of indoor common criteria of separation of powers of the President and the Government of the Russian Federation and Kazakhstan. The benefits of this research study can be extracted jurists-constitutionalists, state and theorists tend to develop mechanisms of cooperation in the field of public administration and the executive. Result of using the social practice of the data and conclusions can be manifested in the establishment of legal stability and certainty, so necessary to further improve the democratic foundations and sustainable socio-economic development of both the Russian Federation and the Republic of Kazakhstan. Results of original research, in turn, can form the basis for further scientific discussion of scientists engaged in research in the field of constitutional jurisprudence, the institute of presidency, to become the main theme in the scientific environment organized round tables, symposiums, seminars, etc.
How to Cite:
Bakirova Z.B., (2014), ON THE DETERMINATION OF CERTAIN COMMON CRITERIA DELIMITATION OF POWERS PRESIDENT AND GOVERNMENT OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF KAZAKHSTAN. Gaps in Russian Legislation, 4 => 19-22.
Reference list:
Abramova A.A. Effektivnost mekhanizma pravovogo regulirovaniya, Dis.. kand. yurid. nauk : 12.00.01 Krasnoyarsk, 2006, S.94.
Bol shaya Sovetskaya entsiklopediya pod red. A.M. Prokhorova 3-e izd.Moskva 1973 g.
Dal V. Tolkovyy slovar zhivogo velikorusskogo yazyka t. 4, Moskva, Russkiy yazyk 1982 g.
Ibraeva A.S., Ibraev N.S. Teoriya gosudarstva i prava Almaty ZHeti zhar y 2003 g. S.60.
Lebedev V.A., Markina E.A. Teoriya gosudarstva i prava , konspekt lektsiy, Moskva 2003 g. S.201.
Marochkin S.YU. Usloviya i kriteriy effektivnosti norm mezhdunarodnogo prava: Ponyatie, sootnoshenie // Pravovedenie. 1984. №2. S. 74-78.
Ozhegov S.I. Slovar russkogo yazyka pod red. N.YU. SHvedovoy 19-e izd. Moskva 1987 g.
TSaturyan T. V. Obshchepravovoy printsip zakonnosti: ponyatie i sushchnost // Biznes v zakone , № 2, 2014, S.113
CHernenko A.K. Kriterii i metody effektivnosti pravotvorchestva i pravorealizatsii // Gumanitarnye nauki v Sibiri. 2001. №1. p. 75.
Keywords:
criteria, the criteria for distinguishing, the types of criteria, powers, President, The government.


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