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Nurmagambetov R.G., Chermeninov A.G. Revisiting the Relationship between the Object and Subject of the Constitutional Regulation

DOI: https://doi.org/10.15688/lc.jvolsu.2019.3.6

Rashit G. Nurmagambetov, Ph. D. in Law, Professor, Department of Law, Chelyabinsk State University’s Kostanay Branch, Borodina St., 168a, 110000 Kostanay, Republic of Kazakhstan, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-0434-7565

Alexey G. Chermeninov, Associate Professor, Department of Law, Chelyabinsk State University’s Kostanay Branch, Borodina St., 168a, 110000 Kostanay, Republic of Kazakhstan, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-4031-3664


Introduction: the theoretical and legal study of the relationship between the object and subject of the constitutional regulation is important for the science of constitutional law, as it eliminates the uncertainty in this matter. Purpose: the theoretical and legal study of the relationship between the object and subject of the constitutional regulation. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of historicism, consistency, analysis and the comparative law method. Results: there has been proposed the author’s point of view to include in the category “the object of the constitutional regulation” the principles of constitutional law, the material and intangible benefits, the values of the individual, society and the state, including the rights and freedoms of man and citizen, the sovereignty and independence of state power, the legal interests. It is they that characterize a special sphere of relations, the area of the constitutional influence, accurately revealing the content of “the object of the constitutional regulation” and its volume. Conclusions: as a result of the theoretical analysis of these scientific categories, the authors come to the conclusion that in its root essence the subject of the constitutional regulation is a derived concept from the object of the constitutional regulation. The authors believe that the subject of the constitutional regulation and the object of the legal regulation are connected by a single theoretical and legal basis.

Key words: object of constitutional regulation, subject of constitutional regulation, social relations, principles of constitutional law, individual values.

Citation. Nurmagambetov R.G., Chermeninov A.G. Revisiting the Relationship between the Object and Subject of the Constitutional Regulation. Legal Concept, 2019, vol. 18, no. 3, pp. 43-49. DOI: https://doi.org/10.15688/lc.jvolsu.2019.3.6

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