On the question of correlation of laws and sub-legislative legal acts in the Kyrgyz Republic (constitutional and legal aspect)

The correlation of laws with subordinate legal acts of the Kyrgyz Republic is due to the construction of a rule of law state. Civil society always shows an increased interest in the limits of legal regulation of social relations. Consequently, the Jogorku Kenesh - the Parliament of the Kyrgyz Republic (hereinafter - JK KR), exercising legislative power, as a representative body, must fulfill its mission in regulating the correlation of laws and by-laws. Hence, the JK KR has broad powers provided for by the Constitution of the Kyrgyz Republic (hereinafter referred to as the Constitution). All adopted laws and by-laws must comply with the fundamental principles of the activities of the Kyrgyz Republic. Do all social relations regulate the most significant issues of the life of the individual, society, state? Are the laws adopted by the JK KR exhaustive? If this list does not include other important social relations, these relations should be subject to legislative regulation. Very important, in this aspect, is the issue of establishing normative parameters for the adoption of laws, since not all social relations are the most important and are subject to legal regulation precisely by laws. At the same time, it does not follow from Article 80 of the Constitution that all possible public relations are subject to legal regulation in the Kyrgyz Republic, including those that are the subject of other social and technical regulators (morality, business and professional traditions and customs, etc. .). It can be argued that the above social relations, if they do not contradict the interests of the state, society and the individual, should not be regulated by law. In this case, one of the principles of the rule of law should apply: "Everything that is not prohibited by law is allowed." It is important to remember that attempts to regulate by law almost all social relations, even those that are not in need, can lead to negative consequences, such as unreasonable control by the state. In this regard, it should be borne in mind that the most important public relations listed in Article 80 of the Constitution can be confidently designated as “homogeneous, most important well-known” and “complex in nature public relations” referred to in paragraph 3) of Article 4, as well as in Article 8 of the Law of the Kyrgyz Republic "On regulatory legal acts of the Kyrgyz Republic". This means that the public relations specified in Article 80 of the Satversme are complex in nature, since their legal regulation is carried out through various branches of law. Thus, it can be summarized that the public relations of Article 80 of the Constitution are homogeneous and complex in nature, the most important public relations, and the scope of subordinate rule-making is limited to the range of public relations regulated by laws.