On the hierarchy of normative legal acts

The article is devoted to one of the key problems of the modern theory of law - the hierarchy of normative legal acts. The points of view that exist in the legal literature on the concept of hierarchy in positive law are studied. The author comes to the conclusion that it represents the ratio of normative legal acts, which are arranged in a certain vertical sequence, as their legal force decreases, and implies the correspondence of acts of each lower level to acts of higher levels. A critical analysis of the Constitution of the Republic of Kazakhstan and the Law “On legal acts” was carried out. It has been established that this Law, fixing the hierarchy of normative legal acts, in its separate provisions contains norms that are controversial and contrary to the Constitution. On the basis of the analysis carried out, proposals were developed to improve the Law “On Legal Acts”.

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Publication Details

Journal
Eurasian Scientific Journal of Law
Published
2025-02-28
DOI
https://doi.org/10.46914/2959-4197-2024-1-1-15-22
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

On the hierarchy of normative legal acts

Leila Telmanovna Zhanuzakova
Eurasian Scientific Journal of Law
European and International Law Studies
article

On the hierarchy of normative legal acts

Leila Telmanovna Zhanuzakova
article en

Abstract

The article is devoted to one of the key problems of the modern theory of law - the hierarchy of normative legal acts. The points of view that exist in the legal literature on the concept of hierarchy in positive law are studied. The author comes to the conclusion that it represents the ratio of normative legal acts, which are arranged in a certain vertical sequence, as their legal force decreases, and implies the correspondence of acts of each lower level to acts of higher levels. A critical analysis of the Constitution of the Republic of Kazakhstan and the Law “On legal acts” was carried out. It has been established that this Law, fixing the hierarchy of normative legal acts, in its separate provisions contains norms that are controversial and contrary to the Constitution. On the basis of the analysis carried out, proposals were developed to improve the Law “On Legal Acts”.

Eurasian Scientific Journal of Law(1 (6))
Caspian University (KZ)
Openalex Percentile: Top 96%
European and International Law Studies
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