The Constitution of Kazakhstan is the source of our state and society
Author’s column Aminov Talgatbek Makhmetovich Chief researcher, candidate of Historical Sciences, Associate Professor Tags: Constitutional reforms Expert opinion This year, the people of Kazakhstan celebrate the current Constitution for the 30th time. The main feature of this document is that the directions of formation of the legal, democratic, social state, spiritual and political diversity of society, establishment of market relations are fully consistent with world requirements. As the head of state K.-zh.Tokayev said at the international conference dedicated to the 25th anniversary of the Constitution of the Republic of Kazakhstan in 2020: “the Constitution laid a solid legal foundation for our independence. Man and his life, rights and freedoms were declared the most precious treasure of the state. The principles of territorial integrity of the country, social harmony, political stability, the rule of law and democracy are clearly reflected in our main document.” Kassym-Jomart Tokayev noted that the content of the Constitution is being improved and updated in accordance with the requirements of the time, it is a legal phenomenon. Today, the image of the whole world is changing. During this period, Kazakhstan is developing rapidly. Therefore, in accordance with the new situation, additional legal mechanisms and norms are being introduced into the text of the Basic Law. During the quarter-century of the adoption of the basic law, three constitutional reforms were carried out. Civil society took a large part in this work [1]. But all of them were implemented only by decision of the Parliament. And the peculiarity of the fourth constitutional reform in 2022 is that it is implemented through a nationwide reform. According to Kassym-Jomart Tokayev, the national referendum was successfully held on June 5, 2022. Our citizens took an active part in the voting. He went with his family and showed that he was not indifferent to the future of the country. He expressed his desire for real change and a comprehensive revival. He noted that he hopes and believes that the future will be bright. It is clear that our country is ready to step into the future with unshakable unity. The results of the referendum are known to everyone. “Many supported my initiative to amend the Constitution. I would like to express my gratitude to all the citizens who took part in the voting. Thus, the historical period of the country’s development began. There was a new model of government of the country. That is, we began to create a Second Republic” [2]. The president summed up his opinion: “the most important thing is that over 30 years we have signed many international agreements on behalf of our independent country – the Republic of Kazakhstan, we have established our state borders… We will build a new Kazakhstan as a whole. This is not an easy task. Our people need to adapt to a new life. The consciousness and values of our people must be radically updated. Then a new quality of the nation will be formed. In a word, our entire country will be renewed” [2]. According to the state adviser of the Republic of Kazakhstan Yerlan Karin, on the basis of the amendments to the Constitution, a large-scale political modernization of Kazakhstan is expected. According to him, the amendments to the Constitution are of fateful importance for our country. The constitutional reform is a logical continuation of the entire political reforms of the president since 2019, the draft constitutional amendments are based on the requests of citizens and are being implemented in the interests of the entire society. “Leading scientists, lawyers worked on the project. Perhaps for many of you it will be difficult to immediately see the difference between the old and new versions of the Constitution. Therefore, we have divided all the changes and additions into five major blocks, each of which will answer the main question of what will change in the updated constitution” [3]. The first block of amendments provides for the final transition from the Super-presidential model to the presidential republic. “Firstly, the president will not be part of any political party during his term of office. This ban applies to the chairmen and judges of the Constitutional Court, the Supreme Court, other courts, the chairman and members of the Central Election Commission, as well as the Supreme Audit Chamber of the Republic of Kazakhstan. The advantage of the amendment is to strengthen political competition and create equal conditions for the development of all political parties. Secondly, close relatives of the president will not have the right to hold the positions of civil servants and heads of quasi-public sector entities. Thirdly, the president also does not have the right to dismiss mayors of districts, cities and rural districts. The second block of amendments is aimed at redistributing the powers of a number of authorities. “First, the presidential quota in the Senate has been reduced from 15 to 10 deputies. At the same time, five of them are represented by the assembly of people of Kazakhstan. Secondly, the Senate may approve candidates for the post of chairmen of the Constitutional Council and the Supreme Judicial Council, which are introduced by the President. Third, the Constitutional Court was established. The Constitutional Court consists of 11 judges – four more than before. Its composition is formed as follows: 6 judges are appointed by the Parliament and four judges are appointed by the President. At the same time, the head of state appoints the chairman of the Constitutional Court with the consent of the Senate. Fourth, the Accounts Committee for control over the execution of the Republican budget was reorganized into the Supreme Audit Chamber. Its chairman reports to the deputies of the Mazhilis twice a year. Such a measure will expand the control of the budget by deputies. The third block of amendments deals with increasing the role and status of Parliament and its chambers. The State Councilor reminded that the quota of the assembly of people of Kazakhstan will be transferred from the Mazhilis to the Senate and reduced