Об институте источников права: современное состояние или российско-казахстанская действительность

In the process of clarifying the content and formulating the definition of the concept “the institute of sources of constitutional law”, problems of a theoretical and legal nature turn up. These problems draw attention to scientists’ synonymous and homonymous approaches to this institutional phenomenon. The definition of the concept “sources of constitutional legislation” proposed by the author is formulated with account of all these details. Herein, the main source of constitutional law of the modern state is normative legal acts (only laws) containing constitutional law norms based on the norms of the Constitution. An obligatory condition is the adoption of laws by the highest legislative body of the state without any reference to extraordinary circumstances, etc., according to a special, collegial procedure or personally by the people, therefore other normative legal acts, whatever special they may be, are subordinate acts. Sources of constitutional legislation must also be formed in the same way, as they are fundamental components and the basis of the Constitution itself, through which its fundamental principles must be realized.