SOME ASPECTS OF THE REGULATION OF THE INSTITUTION OF THE PRESIDENCY BY NATIONAL LEGISLATION AND LEGISLATION OF FOREIGN COUNTRIES

This article examines the issues of the content of the institution of the presidency in national legislation, while studying the legislative experience of foreign countries on this issue. The implementation of the principle of separation of powers on the basis of the political regime and form of government established in the state can have an impact on the formation of a model of presidency peculiar to a certain state. The development of the institution of the presidency has determined the emergence of a classification of its models used by foreign countries in accordance with their customs and traditions. The paper examines the features of the institution of the presidency in its various models, including in relation to a semi-presidential, presidential, parliamentary republic, as well as in countries with an authoritarian political regime. Special attention is paid to the concept of super-presidency, which has been developed in the CIS countries. The article examines the characteristics of the super-presidential form of government in relation to Kazakhstan, analyzing the causes and features of its implementation. Based on the consideration of the normative and actual status of the first person of the state, the peculiarities of the presidency in the Republic of Kazakhstan are determined. In addition, the question of the responsibility of the head of state to the people is raised. The definition of the degree of responsibility of the president becomes relevant in the light of constitutional innovations regarding the restriction of holding this position, joining political parties and the occupation by close relatives of the president of the positions of political civil servants, heads of quasi-public sector entities. Therefore, the work highlights some aspects of regulating the responsibility of the head of state and possible ways to resolve them.

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Publication Details

Journal
Bulletin of Institute of Legislation and Legal Information of the Republic of Kazakhstan
Published
2024-09-30
DOI
https://doi.org/10.52026/2788-5291_2024_78_3_189
Primary Topic
Legal and Policy Issues
Type
article
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article

SOME ASPECTS OF THE REGULATION OF THE INSTITUTION OF THE PRESIDENCY BY NATIONAL LEGISLATION AND LEGISLATION OF FOREIGN COUNTRIES

Aynur Abdikhadirovna Abdikerimova, Kairat Rahimovish Balabiyev, Aigul Kuanyshevna Kurmanova
Bulletin of Institute of Legislation and Legal Information of the Republic of Kazakhstan
Legal and Policy Issues
article

SOME ASPECTS OF THE REGULATION OF THE INSTITUTION OF THE PRESIDENCY BY NATIONAL LEGISLATION AND LEGISLATION OF FOREIGN COUNTRIES

Aynur Abdikhadirovna Abdikerimova, Kairat Rahimovish Balabiyev, Aigul Kuanyshevna Kurmanova
article en

Abstract

This article examines the issues of the content of the institution of the presidency in national legislation, while studying the legislative experience of foreign countries on this issue. The implementation of the principle of separation of powers on the basis of the political regime and form of government established in the state can have an impact on the formation of a model of presidency peculiar to a certain state. The development of the institution of the presidency has determined the emergence of a classification of its models used by foreign countries in accordance with their customs and traditions. The paper examines the features of the institution of the presidency in its various models, including in relation to a semi-presidential, presidential, parliamentary republic, as well as in countries with an authoritarian political regime. Special attention is paid to the concept of super-presidency, which has been developed in the CIS countries. The article examines the characteristics of the super-presidential form of government in relation to Kazakhstan, analyzing the causes and features of its implementation. Based on the consideration of the normative and actual status of the first person of the state, the peculiarities of the presidency in the Republic of Kazakhstan are determined. In addition, the question of the responsibility of the head of state to the people is raised. The definition of the degree of responsibility of the president becomes relevant in the light of constitutional innovations regarding the restriction of holding this position, joining political parties and the occupation by close relatives of the president of the positions of political civil servants, heads of quasi-public sector entities. Therefore, the work highlights some aspects of regulating the responsibility of the head of state and possible ways to resolve them.

Bulletin of Institute of Legislation and Legal Information of the Republic of KazakhstanVol. 3(78)
Openalex Percentile: Top 69%
Legal and Policy Issues
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