Constitutionality and Legality in a Rule-of-Law State: Practical Aspects

Abstract

The article discusses problematic issues of the practical implementation of the principles of constitutionality and legality on the example of administrative procedural legislation. Attention is drawn, in particular, to some contradictions in cases of application by courts of the norms of the Administrative Procedural Code of the Republic of Kazakhstan, characterizing the content and procedure for the implementation of one of the principles of the administrative procedure – the principle of protecting the right to trust of the participant in the procedure. It has been established that practically in the course of legal proceedings, the principle of protecting the right to trust is applied, which establishes the priority of the rights of individuals and legal entities, since it is possible to cancel an illegal but favorable legal act only in four cases. As a result, despite the fact that the norms on the principle of legality, enshrined in the Constitution and the Constitutional Law «On the Judicial System and the Status of Judges in the Republic of Kazakhstan», which do not contain reservations about any exceptions, prevail for the courts, the principle of legality is no longer inviolable either in administrative procedure or in administrative law. legal proceedings.