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The Constitution of the Republic of Kazakhstan in 1993

11 January 2017
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The first Constitution of the Republic of Kazakhstan was adopted on 28 January 1993, it consisted of 4 sections, 21 chapters. Kazakhstan was hailed as an integral part of the global community, confirmed the commitment of the Republic of international norms and to creating a democratic and legal state. Constitution proclaimed interethnic consent with in the country with the rule of the Kazakh nation, provide equal rights and freedoms of all citizens, reinforcing the rights and responsibilities equally human. Under the Constitution, the state language of the republic was the Kazakh language and Russian language to the language of interethnic communication. The restriction of the rights and freedoms of citizens on the basis of knowledge of the state language or a language of interethnic communication.

The Constitution of 1993 was not clearly defined form of government. Kazakhstan proclaimed a republic, but did not specify which one. At this time, the country had both signs of a presidential and a parliamentary republic.

The 1993 Constitution did not provide definitions of concepts such as «social harmony» and «political stability», «economic development for the benefit of the people», «Kazakhstan patriotism», «vote in the national referendum." Without their use of clear government policy is not properly defined. At the urging of the head of state, these concepts were introduced in the Constitution (1995).

Thus, Kazakhstan’s model of political system in its development took place in the first half of the 1990s, three stages. At the first stage (March 1990 — in November 1991) parliamentary republic had been formed. At the second stage (with December 1991 to January 1993) semi-presidential republic had been formed. At the third stage (with January 1993 to in March 1995) traits of both parliamentary and presidential republic (the especially with the December 1993) had become more clear.

Strengthening of state sovereignty and the institution of the presidency. The Constitution of the Republic of Kazakhstan in 1995.
August 30, 1995 in the referendum was attended by 212,773 people, or 81.14% of the electorate. Only 9.9% of the participants gave a negative referendum. As a result, a new Constitution of the Republic voted 89% of the referendum. According to the Constitution of the Republic of Kazakhstan is a democratic, secular, unitary, social and legal state. Essentially, Kazakhstan became the state with a presidential form of government.

The Constitution established democratic principles of separation of powers in the country between the legislative, executive and judicial branches, which interact on the principles of deterrence and balance. Principled position was that the presidency now became the personification of the state and the unity of the people of Kazakhstan, and in the Constitution of 1993, he was in an executive.

Parliamentarism of Kazakhstan. First the Constitution introduced the concept of «Parliament» as a democratic institution, approved in many countries and has proven its effectiveness. The new Constitution has defined the powers of the President in the relationship — and Parliament President — Government. Parliament was recognized higher authority exercising the legislative activity of the Republic of Kazakhstan.

According to the 1995 Constitution, Parliament consists of two permanent houses: the Senate and the Majilis. Powers of the Senate — 6 years, the Majilis — 5 years. The upper chamber of the Parliament — the Senate — is designed to perform oversight functions, regional representation, is the link between the Head of State and the lower chamber — Majilis, which, in turn, as the main representative Chamber pays special attention to the requirements of the people.

Two preventatives from each region, cities with republican status, capital of the Republic of Kazakhstan can be elected to Senate. 7 deputies of the Senate appointed by the President, taking into account national and cultural interests of society. Majilis consists of 67 deputies were elected directly (by law in 1995) in one mandate districts.

Thus, in the mid-1990s, for the first time in Kazakhstan’s history began to form a professional parliament, November 2, 1995 was adopted by the Constitutional Law on the national referendum.

A new stage began with the Kazakh parliamentary formation bicameral Parliament in 1995. Elections to the Senate and the Majilis of the first convocation was held on 9 December 1995.

In the Senate were elected 40 MPs — two from 19 regions and the capital of the Republic of Kazakhstan. Seven members of the Senate were appointed by the President of the Republic of Kazakhstan. January 30, 1996 at the first meeting of the Senate of the Parliament of the Republic of Kazakhstan the first convocation of the President of the Republic of Kazakhstan was elected Chairman of the Senate Omirbek Baigeldi. In the Majilis of Kazakhstan were elected 67 deputies. Thus, the Parliament elected in 1995, took about 500 laws.

In parliamentary development and improvement of the legislative and oversight functions of Parliament are of paramount importance amendments made to the Constitution in 1998, 1999.

The electoral system and the formation of the party system. The basis of electoral legislation in Kazakhstan was the decree of the President of the Republic of Kazakhstan dated 28 September 1998 «On elections in the Republic of Kazakhstan», which has constitutional force. Exception of a special article «On the influence of political parties on the formation and manifestation of political freedoms» of the Constitution of 1995 had a significant impact on the development of the party system. Updating, improvement of legal basis for the formation of a multiparty system is reflected in the laws «On Public Associations» and «On political parties», adopted in 1996, and to ensure the right of free association of citizens of Kazakhstan. These laws were enacted in order to form parties of the parliamentary type. However, after the elections to the Majilis of the Parliament in 1995 there was a crisis in the development of parties. His main reason was that the activities of the parties was limited mainly election campaigns.

January 10, 1999 presidential elections were held nationwide. First time in the history of independent Kazakhstan was elected President on an alternative basis. Election results, N. Nazarbayev won 79.78% of the vote, and a representative of the opposition (the Communist Party) SA Abdil’din-11.7% of the vote. 1999 presidential elections were pre-term, in terms of transit had precedents in world politics. January 20, 1999 inauguration of the President of the Republic of Kazakhstan Nursultan Nazarbayev.

In the same 1999 October 10 to the new mixed electoral system, elections to the Majilis of the Parliament of the Republic of Kazakhstan. In the election race involved 10 parties. Election results, 67 deputies were elected in single-seat constituencies and 10 — on the party list of the national district. Defeated party «Otan», «Civil», «Agrarian» and Communist.

Presidential Election of 2005, Presidential elections December 4, 2005 became the most important event in the political life of Kazakhstan. Among them more than 8.8 million voters on the lists, voting was about 6.8 million people. Among them for the current President N. Nazarbayev voted 6.1 million voters.

January 11, 2006 in Astana, at the new presidential palace «Akorda» was held inauguration ceremony — the official inauguration of the President of Kazakhstan N. Nazarbayev. Delegates from more than 70 countries attended the ceremony.
The constitutional reform of 2007. Evolution of a multiparty parliamentary system and in the 2000s. May 21, 2007, both houses of Parliament voted in favor of the initiative of President N. Nazarbayev on Amendments to the Constitution.

Parliament has passed a considerable part of the presidential term. In particular, the Parliament began to possess the power to control the formation and activities of the Government, two-thirds of the Constitutional Council, the Central Election Commission and the Statistical Committee. To improve the efficiency and quality of government was considered his responsibility to the head of state and parliament. As part of the executive branch of the reformation, it was decided to strengthen the role of institutions of local government and elections akim (local governor).

In sum, all these measures are meant transition from a presidential to a presidential-parliamentary republic. July 15, 2002 adopted a new Law of the Republic of Kazakhstan «On political parties».

In Kazakhstan there are 10 officially registered political parties: People’s Democratic Party «Nur Otan» Party «Rukhaniyat» Democratic Party of Kazakhstan «Ak Zhol», with Kazakhstan Social-Democratic Party «Aul» Democratic Party «Edshet», the Communist People Party of Kazakhstan Communist Party of Kazakhstan, Party of Patriots of Kazakhstan, the National Social Democratic Party, the Democratic Party of Kazakhstan «Azat» (October 13, 2009 National Social Democratic Party and the Democratic Party of Kazakhstan «Azat» said the merger in the United Social Democratic Party «Azat»).

Real activity of political parties is different. Not all registered parties carry out constant activities in the political sphere. The most active is the People’s Democratic Party «Nur Otan».

In December 2010, Kazakh society has proposed to extend the mandate of the First President, Elbasy, Leader of the Nation 2020. December 23, 2010 in Ust-Kamenogorsk, it organized with the aim of creating an initiative group that invited all people of Kazakhstan to extend the mandate of the First President of the country NA Nazarbayev until December 6, 2020.

The initiative to hold a referendum on extending Nazarbayev’s authority was supported by the People’s Democratic Party «Nur Otan», the members of parliament of Kazakhstan, a number of NGOs and other organizations.

On January 11, 2011 the initiative group completed the collection of signatures. According to the Final Protocol CEC results of checking the authenticity of signatures of citizens eligible to vote in the republican referendum was collected more than 516,000 signatures, or 55.2% of the total number of citizens eligible to vote in the national referendum.

On January 6th, the Senate of the Parliament of Kazakhstan at the plenary session of deputies supported the appeal to the Head of State N.Nazarbayev appointing them to the republican referendum to extend his presidential term until the end of 2020.

However, N. Nazarbayev signed a decree «On the rejection of the proposal of the Parliament of the Republic of Kazakhstan on the making of the Republican referendum amendments and additions to the Constitution of the Republic of Kazakhstan." Several MPs expressed the need to overcome a presidential veto on the referendum. January 14 Kazakhstan’s parliament unanimously (106 deputies of the Majilis deputies of the Senate and 44) adopted amendments to the Constitution, which provided for the extension of NA Nazarbayev by referendum until 2020, but the President did not sign the law on the adoption of the amendments and 17 January sent them to the Constitutional Council of Kazakhstan.

January 31, the Constitutional Council of Kazakhstan declared the law to replace the election a referendum unconstitutional. On the same day, speaking with reference to the people of the country, the President agreed with the decision of the Constitutional Council and offered to hold early presidential elections.

April 3, 2011, an extraordinary presidential elections in April 2011 Kazahstan.5 CEC announced the final results of the elections, according to which current President Nursultan Nazarbayev won 95.55% of the vote, Gani Kasymov — 1.94% of voters Zhambyl Ahmetbekov — 1 36%, Mels Eleusizov — 1.15%.

On April 8, 2011 the inauguration of the President of Republic of Kazakhstan N. Nazarbayv was held.

November 16, 2011 President of Kazakhstan signed a decree «On the dissolution of the Majilis of the Parliament of the Republic of Kazakhstan of the fourth convocation and calling early elections of deputies of the Majilis of the Parliament of the Republic of Kazakhstan», according to which the lower house of parliament was dissolved and elections of deputies.

Extraordinary elections to the Majilis were held in Kazakhstan January 15, 2012 with a turnout of 75%. According to the final data of the CEC Election Commission, the Parliament passed the three parties: «Nur Otan», scored 80.99% of the vote, «Ak Zhol» — with 7.47%, CPP — with 7.19% of votes. Thus, the party «Nur Otan» was given to 83 of the mandate of «Ak Zhol» — 8, CPP — 7.

References:

Ayagan B.G., Abzhanov H. M., Seliverstov S.V., Bekenova M. S. Sovremennaya istoriya Kazahstana: uchebnik dlya studentov neistoricheskih spetsialnostey (bakalavriata) vyisshih uchebnyih zavedeniy. Pod obschey redaktsiey B. G. Ayagana. — Almatyi: Raritet, 2010. — 432 s. 155–165 pp.
Ayagan Burkitbay, Auanasova Alima, Suleymenov Arman. Noveyshaya istoriya Kazahstana: ustoychivyiy Kazahstan. III tom: Nauchno-populyarnoe izdanie. Seriya “Letopis nezavisimosti”. — Almatyi: Litera-M, 2011. pp. 270–285
Ayagan Burkitbay, AuanasovaAlima. Nursultan Nazarbaev i kazahstanskaya model stroitelstva gosudarstva (istoricheskiy aspekt). — Almatyi: 2012. pp. 159–165

Material was provided by the Institute of History of State CS MES of Republic of Kazakhstan

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