Tolepbergenova Togzhan

2nd year student

Specialty: "International law"

International Relations Faculty

Al-Farabi Kazakh National University

Scientific adviser:

Candidate of Law, associate professor Tussupova A.Zh.

Significance and role of declaration in constitutional development of the state

In constitutional law the “declaration” means governmental juridical act in solemn style, that emphasizes its importance for the state and the nation. The distinctive feature of declarations is a common character of their thesis’s, which require additional legislative control.

The legal system of Russian Federation doesn’t fix such kind of legal acts. The Declaration of 1990 –the only suchlike act, adopted in Kazakhstan, not included in the list of valid sources of law, as contained in paragraph 1 of Article 4 of Constitution of RK. The law about legal acts also does not include the declaration in hierarchy of normative legal acts of RK.

We suggest considering the declaration as normative legal act and the source of law.

The first constitutional act of Kazakhstan was a declaration of the rights of workers of Kirgiz Autonomous Soviet Socialist Republic adopted on 1 constituent congress of Kirgiz ASSR. The third article of this declaration established legal status of KASSR: “KASSR enter into in Federative Union of Soviet Republics as autonomous unit”.

The declaration stated that the territory of the Kirgiz Soviet Republic declared a republic of workers council and Red Army Deputies working people. The governing bodies in KASSR are local councils, the Central Election Commission and the People's Commissars.

The declaration cited the installation of the Congress according to which KASSR should pursue a policy of the RSFSR in the local context of the national republic and mentioned that there should not be the case of any thrift or military isolation of the republic, that the financial and economic policies should be in unity with the relevant RSFSR People's Commissariat.

The Declaration had set out the activities to be held in the Kirgiz ASSR , in the area of expropriation of the means of production , the abolition of private ownership of land, the transition to a settled way of life, work , education , health , women's equality , the device organs of people's justice , defense of the fatherland .

Thus, the declaration of the rights of workers KASSR was a first document in the history of Kazakh people that legislated the creation of the Soviet type of Kazakh statehood.

The formation of the USSR was legally formalized by the adoption of the Agreement and the Declaration on the formation of 30 December 1922 by the first Congress of Soviets of the USSR. The Declaration states the reasons behind the need for a voluntary association of all existing Soviet republics into a single union state.

The Declaration of 1990 became the first political-constitutional act, defined the basis of a new political and social system in Kazakhstan, which laid the legal basis for the development of a sovereign, independent Kazakh national statehood and became the basis for the first Constitution of the Republic of Kazakhstan of 1993 and a new national legislation of a post totalitarian period. This declaration confirming Kazakhstan's intention to enter on an equal footing in the new union of sovereign republics proclaimed the sovereignty of the Kazakh SSR, marking the beginning of its legislative approval.

This act identified the main parameters of the independent Kazakhstan's statehood, including its own territory and citizenship, independence and completeness of the public authorities within the country, supremacy of the Constitution and laws, the independence of action in the international sphere. Such Declaration principles as indivisibility and inviolability of the territory, the separation of powers, equality of citizens and equality of opportunities in all public areas formed the basis of the constitutional system of the young independent state. But these principles and values have not yet led to full independence.

Declarations serve mainly as declarative documents. In many ways they are similar to the preambles of constitutional acts . Even when the declaration is assigned a regulatory function , its implementation is short-lived as a declaration entered in the text of the Constitution or other legislation , or is replaced by another constitutional act . In such cases, simultaneous sending and to the norms of the Constitution and the provisions of the Declaration may be ineffective .

Thus, the state may eventually take one or another legal instrument , called the " Declaration " , and then functions they perform can be expanded . Declaration can be a source of legal science, because the help to find out how much the political goals of the state enshrined in them are implemented in its standard-setting activities .