TO THE QUESTION OF HISTORY OF FORMATION AND DEVELOPMENT OF INDEPENDENT KAZAKHSTAN

Аннотация

The concept “constitution” is applied in two meanings. In formal sense the legal Constitution is the
fundamental law of the state, regulated the socio-economic system, the form of government and form of
administration; also the legal status of the personality. It is the document, which defines the constitutional and legal
status of the official organs. However, during the legal reforms in our society the practical application and whole
situation have changed: there are new institutions were created; new constitutional laws, etc. were adopted. In the
practice there is such procedure of the government, which can significantly differ from the official order, fixed in the
Constitution. This real procedure of the election and appointment of the government has called the actual
Constitution or the Constitution in material sense of the word. The actual and legal Constitutions can both coincide
and disperse. In some countries the political elite seeks to govern, besides the Constitution. It turns out that, from one
hand, the constitution is necessary in any democratic state. From the other hand, the Constitution conflicts with the
reality. The historical collision between legality and expediency every time is solved, depending on the arrangement
of the political forces in the society.