Document Type : Research Article


1 Dr. Sci. in Law, Professor, L.N. Gumilyov Eurasian National University, 2 Satpayev street, Nur-Sultan, 010000, Republic of Kazakhstan

2 Dr. Sci. in Law, Judge, Specialized Interdistrict Economic Court of Almaty, 273b Baizakova street, Almaty, 050000, Republic of Kazakhstan

3 PhD student, Kazakh-American Free University, 76 Gorkiy street, Ust-Kamenogorsk, East Kazakhstan Region, 070018, Republic of Kazakhstan


The subject of the research is the category “operating of the Constitution” and its constituent
elements: use, observance, implementation and Constitution’s norms application. In this article,
the analysis of the functions and meaning of operating of the Constitution is determined from the
standpoint of the methodology of the theory of law, which provides for the need to study statelegal
phenomena, focusing on legal practice. In this regard, the conclusions of the study are
based on the legal positions and legal provisions of the constitutional control body and the
judiciary. The article emphasizes that the value content of the Constitution, the purposefulness,
stability, constancy and duration of its operation are determined by the functions of the
Constitution, which reveal such an important quality of it as a direct and indirect impact on
social relations. Based on the analysis of legal literature and practice, it is concluded that the
establishment of legal links between the Constitution and the sectoral law is the task of the
legislator and the body of constitutional control, rather than the subject of the application of law,
for which an ordinary law may be a priority in relation to constitutional norms. At the same time,
we also show the grounds for the direct application of the norms of the Constitution, except for
the objective limits and restrictions reflected in the work.