LEGAL FRAMEWORK FOR DELEGATED LEGISLATION

This article discusses the institution of delegated legislation. Despite the presence of a large number of publications on this issue in the scientific literature of the neighboring countries, this institution has practically not been studied by domestic scientists. The relevance of this topic is due to the introduction in 2022 into the Constitution of the Republic of Kazakhstan of a norm on the right of the Government to issue temporary resolutions having the force of law, in the presence of threats, provided for in paragraph 2 of Art. 62, with the simultaneous introduction of a draft law in Parliament. Although this norm is a novelty, our country has experience of delegated lawmaking. It was successfully applied during 1995, after the dissolution of the Supreme Council of the XIII convocation, although the Constitution of the Republic of January 28, 1993 recognized the Supreme Council as the sole legislative body. However, before his self-dissolution, on December 10, 1993, he adopted a special Law that granted the President temporary legislative powers. The head of state issued during that period a number of decrees having the force of constitutional or customary law. Later, the right of the President to issue legislative acts was enshrined in the national Constitution of 1995. However, he no longer used this right. The study of foreign legislation shows that the delegation of legislative powers by the parliament to the highest executive body is mainly carried out by adopting a special regulatory legal act with the consolidation of the powers of parliamentary control in relation to such acts. The constitutional legislation of Kazakhstan in this part suffers from certain shortcomings and needs to be improved.