Malinovsky Viktor Aleksandrovich

member of the Constitutional Counsil of the Republic of Kazakhstan, PhD Law in the Republic of Kazakhstan, Astana. 39, D. Kunaev Str., Astana, 010000.

E-mail: lebedev_va@bk.ru

The article highlights the individual components of the positive experience of the Republic of Kazakhstan in establishing constitutionalism. The proper definition of the subject of the constitutional regulation is the first stage of development of the draft constitution. It is particularly important to consider the generally accepted values by relying on national priorities; the maximum inclusion in the text of the provisions that unite people and excluding those which separate people; the will of the head the country and the people’s expertise; the balance between democratic procedures and the work of professionals in the legal sphere. The Constitution becomes a means of countering the negative manifestations of globalization. Changes and additions must be objectively determined ensuring scientific character, national character, stability and dynamics of the basic law. The effectiveness of the Constitution is provided by a focused work of the state and society.

the Republic of Kazakhstan, constitution, constitutionalism, the effectiveness of the Constitution, functions of a constitution, constitutional process, the draft constitution, values of the constitution and amendments in the constitution, freedom of expression, freedom of religion.