The Constitution of the Republic of Kazakhstan secured the basic principles of government structure of the republic. Put a beginning for new stage of development of an independent sovereign state. It was then defined the modern look of our country — already fifteen years we live according to the results of the referendum in 1995. First time in the history of Kazakhstan people in a general referendum himself adopted the Basic Law of the State.
The process of adopting a new Constitution includes procedures nationwide discussion of her project. It took place during the month — from June 30 to July 30. Activity society in discussing the draft Basic Law was very high, evidenced by the number of collective discussions on the draft. Proposals for amendments to the draft were made by citizens, groups, gatherings of residence and public associations. Total was made nearly 30,000 comments and suggestions. On their basis in the 55 articles of the new Constitution in 1100 were made amendments and additions. This mechanism of the Constitution — through broad public debate — is a form of reflection of historical and cultural traditions of the Kazakh people.
The tradition of national gathering is a kind of nomadic element of democracy when every word had weight and could affect the final decision for all important questions. The use of this form of expression of the people due to the underdevelopment of the time traditions of modern political institutions, not drawing the rules of their functioning, weak political participation and the inertia of political consciousness.
In such circumstances, a referendum becomes the most appropriate and reliable mechanism for considering the opinion of the people. And so today, we can say that we have fifteen years of living on the laws that have taken themselves. The Constitution of the Republic of Kazakhstan in 1995 to first place in the system of state authorities put the President. This was enshrined constitutional provision establishing a presidential form of government in the Republic.
Presidential form of government was dictated by objective factors. In the first years of independence there is a contradiction between the rate executive, presented by the President of the Kazakh SSR, and the legislature in the face of the Supreme Council. State has acquired a kind of «intermediate» character — it became a presidential republic of the Soviet type. This means separation and political foundations of society split between authorities elected by the people — the Soviets (the Supreme Council and the Councils local levels) and the President, to form their own vertical power under control of the Supreme Council of the Republic.
Negative experiences such a rigid differentiation of society, the social basis of the entire state was a manifestation of the consequences of the lack of checks and balances. Most clearly such a confrontation of the Soviets and the President manifested in the Russian Federation in October 1993, when the Supreme Council tried to regain sovereignty over the impeachment and the elimination of the post of the President of Russia. Such a provision was enshrined in the Constitution of Kazakhstan in 1993 on the initiative of the Supreme Soviet of the Kazakh SSR.
But it turned out that it was the Council of Deputies began to slow the pace of modernization of society and the state. They openly went for preservation obsolete economic structure and became an obstacle of progressive development. Subsequently the complex of legal and political reasons led to the abolition of the nature of a representative of the Soviet system for all levels. However, this does not mean rejection of representative forms of democracy in the country. During this period, activities of the President of Kazakhstan were, as ever, intense and eventful. After termination of the authority of the Supreme Council and delegation to the President of certain powers of the legislature of the Head of State in the absence of Parliament decided to take the whole burden of responsibility. As he wrote later, N. Nazarbayev, «during this period was published in a total of about 140 presidential decrees having the force of law in all major areas of public life, which helped the country to accelerate the pace of reforms, primarily economic, and clearly define the course of development. It was then issued Presidential Decree „On Earth“, „On Subsoil and Subsoil Use“, „On Oil“, „On foreign investments“ and others. This unit is market-driven in its ideology of laws has substantially speed up the reform of the economy» [1]. The laws dedicated to the state construction, which had great importance in the formation of a presidential system of government were adopted. Thus, the institution of the presidency in post-Soviet reality was in the lead role of a political entity and the Institute for objective reasons and for the benefit of the young independent state.
The main characteristic of the legal status of the President of the Republic of Kazakhstan is Article 40 of the Constitution, which defines the place of the President in the system of state power. In accordance with this Article, the President is the Head of State. In the face of the President personified representation of the State within the country and in international relations. Simultaneously, the President recognized the highest official in the state. This characteristic of his, according to the legislator, should mean that he does not belong to one branch of government and holds a special place in the system of state authorities in Kazakhstan.
In recognition of the special position of the President, the Constitution states that the President of Kazakhstan provides coordinated functioning of all systems of state power and the responsibility of government to the people. And in Kazakhstan model of the presidency is similar to the French model: The President stands over all branches of government, performing arbitration function and function organization of their interaction.
Based on the principle of separation of powers, each branch of government has the power, necessary and sufficient for independent and responsible exercise of its functions. In this regard, the President may make laws only if Parliament delegation for a limited time. With regard to the judiciary, the President, having a decisive mandate to its formation, is not entitled to interfere in the administration of justice.
However, with respect to executive head of the state has much more authority and it is quite natural. First, this is due to that the President closer in status to the executive branch, although not its heads, as it was on the 1993 Constitution. Secondly, the Government, exercising executive power and leading the executive system, is responsible for its activities to the Head of State. It is noteworthy that the vastness of the President observed certain similarities with the American model of the presidency. At the same time, some local experts by comparing the Kazakh model with American and French, on the contrary, found that «the prerogative of the President of the Republic of Kazakhstan is somewhat broader," which makes it possible to speak of an „authoritarianism“ Kazakhstan’s political system.
Nevertheless, given the circumstances in which it was formed, it must be admitted that this „authoritarianism“ was a necessary measure, which had to go for the sake of stability in the transition period. In addition, it has demonstrated a sufficiently high degree of efficiency and greatly contributed to the country withdrawal from a severe crisis in 90s» [2].
In general, until the constitutional reform in 2007, it could also talk about a certain similarity with the Latin American model of «super-mode». In addition, a number of common features with the models in Central and Eastern Europe (Poland, Slovakia, Romania, Serbia, Montenegro and Bulgaria):
President elected by popular vote on the Two-Round system of absolute majority;
The President shall exercise some of the powers of executive power, appoints, or offering to the approval of the head of the National Bank and the prosecutor’s office, the judiciary;
The President has the right to early dissolution of Parliament, but it is strictly specified conditions;
Limited multiplicity substitution as head of state by the same person.
In the CIS, similar type of model operates in Russia, Belarus, Uzbekistan, Tajikistan, Armenia and Azerbaijan, but closer among them is Russian model. Common signs are:
The President is the Head of State, but not the head of the Government;
The President is elected directly by the people for the Two-Round majority system;
With the consent of the lower house of Parliament The President appoints the Prime Minister;
Under certain circumstances, the President may consider to put the State Duma;
One person cannot be elected President more than two times in a row.
Overall, Kazakhstan’s model of presidential power has the following main features defined by the Constitution:
The supreme nature of presidential power and its arbitration function;
Forming the functions of the President in respect of the branches of government (executive, judicial, and partly — legislative);
A final decision on the most important issues of domestic life and foreign policy (except for the declaration of war and peace);
The opportunity to participate in the legislative process (the right to an independent publication of laws and decrees with the force of the laws of the Republic, in certain cases, the Constitution).
However most importantly, the President of the Republic of Kazakhstan is the symbol and guarantor of the unity of the people and state power, inviolability of the Constitution, the rights and freedoms of man and citizen. As the spokesman unified will of the people, the President implements its policy on behalf of the people and for the people of Kazakhstan. This puts enormous responsibility for all actions taken. Due to internal political stability, at the present stage Kazakhstan — the leader among the CIS countries in terms of foreign investments into the national economy.
Today, «many states see prospects to invest in our economy. Questions concerned of attraction of investment from China, South Korea, United Arab Emirates, as well as French, Italian, Russian companies in the amount of 20 billion dollars have been solved. These funds will go into other sectors, ensure commissioning of dozens of objects of industrial programs, infrastructure and joint ventures.
The issues concerned of attraction of investments to the highway „Western China — Western Europe“ in the amount of about 3 billion dollars and a pipeline from the west to the south of the country — $ 2 billion have been solved. All of them are addition to investments in commodities which make up more than 10 billion dollars»[2]. Creation and strengthening on the map of the modern world globalizing new independent and strong professional state — the first and most important result of the multifaceted activities of President Nursultan Nazarbayev.
From this beachhead with his people, he moves on to fulfill its significant humanitarian and spiritual mission in the modern world. First of all — the Kazakh people need to restore historical justice, to preserve and develop the Kazakh national identity, get solid psychological reasons to consider their intellectual nation as a separate and independent subject of global history. All these years, the construction of a modern democratic state was a strategic objective laid down in the Constitution of Kazakhstan, at the same was sent to the Constitutional Reform of 2007. Kazakhstan has become a reality in political pluralism, multi-party system.
Formed large, have real influence political parties increased their role in the electoral process. Liberal changes to the electoral legislation were adopted. In Kazakhstan, the reform of intergovernmental fiscal relations, made a very important step towards decentralization of government. Hiring officials in any public authority carried out exclusively on competition. A system of «electronic government» aimed at increasing the availability of public services for citizens. Much has been done to create an independent judiciary.
Institution of the Ombudsman was established. The process of humanization of criminal punishment has been deployed. The country acceded to the international conventions on human rights. In a society really ensured equal relations between all ethnic and religious groups. Created in the republic and effectively operate the institutions of civil society. This is, above all, more than 4,500 non-governmental organizations. Legislative measures are taken to support the activities of NGOs.
In civil Forum created a new model of partnership between the «third sector» and the state. Steady pace develop independent media. Kazakhstan Internet audience is the largest in Central Asia. All that has been achieved and completed by the Republic of Kazakhstan somehow determined activities of the presidency. Therefore, summing up the results for almost fifteen years after the adoption of the Constitution of the Republic of Kazakhstan is quite legitimate to show the dynamics of this process through the prism formation within 20 years of the presidency in our country.
Thanks to presidential Strategy «Kazakhstan-2030» we have achieved internal stability, ensured reliability social basis for development, have created the best economy in the region. Kazakhstan has established itself as a full and responsible member of the international community, fulfilling important functions of maintaining geopolitical stability and international security in the region. High international reputation of Kazakhstan has allowed our country to become chairman of the OSCE. Today Kazakhstan has entered into one of the most important stages of its development further forward in the new decade. Task of implementation of the Strategic Plan 2020 acquired special urgency. By now objectives of the Strategic Development Plan until 2010, which became starting point in the implementation of the Strategy «Kazakhstan — 2030» completely fulfilled.
As the President said, «following the letter and spirit of the Development Strategy of Kazakhstan until 2030, we solved all the problems identified by the first decade of the XXI century». The main result of the development of Kazakhstan for the past 10 years on the basis of the Strategy «Kazakhstan-2030» is that Kazakhstan has ceased to be a third world country. This means that Kazakhstan is not applicable to developing states of the modern world as it was known at the initial stage of independent development. Henceforth, Kazakhstan has the majority of the number of countries in Africa, Asia and Latin America, whose destiny is to fight poverty and other evils of a weak socio-economic development.
Consolidating, integrative value of the Strategy «Kazakhstan-2030», as well as the new President’s Message «New Decade — New Economic Growth — New Opportunities for Kazakhstan», we see that the development of our society over the next ten years should be uniting people of different ethnicity and social classes by values. Objectives of the Strategy «Kazakhstan-2030» and the Epistles «New Decade — New Economic Growth — New Opportunities of Kazakhstan» bear a double burden.
On the one hand, they lead state and society in general to the social, economic and political transformations that can turn Kazakhstan into one of the developed states of the modern world. On the other hand, the goals themselves as such should be the values of every citizen of Kazakhstan, who are not indifferent to the fate of his homeland and the future of his children. These values and goals will be to expand the field’s value consent, trust and combining our multi-ethnic society. The country is set for the implementation of the housing program initiatives of the President.
«Over a decade of property owners have become 350,000 families — about 1.2 million people». Positive political and legal reforms have been held. «In the new decade, we continue to improve our political system, backed by the success of our economic plans consistent political modernization. And here is an important role to play legal reform».
President of Kazakhstan pursues a balanced foreign policy, aimed at ensuring regional and international security. Today our Republic confidently demonstrates the international community readiness «to participate in global decision making in the formation of a new architecture of international relations and the contours of the world trade and financial system» [3]. These milestones consistently reflected in the annual President’s Message to the People of Kazakhstan, where the President acts as the spokesman of the whole people will. Message from the President — is a form of direct communication with the people and every citizen feels his involvement in what is happening in the country. Today Kazakh society rallied around the main problem posed by Nursultan Nazarbayev in a new address to the nation on January 29, 2010 — «build an independent, prosperous, and politically stable Kazakhstan».
In fact, a national idea, which supported the whole society, was formulated. How people become presidential implement post-crisis strategy of innovative development of Kazakhstan till 2020, as a cohesive, consolidated community of citizens or by segregation along ethnic and other social boundaries population depends the success of the Strategy «Kazakhstan-2020».
What are the most important conditions for implementing the president’s strategy in the new stage of development of Kazakhstan? First, the level of education as the nation compete not only goods and services, but they are competing systems of social values and education system.
Second, the development of human capital as the nation’s ability to maintain a modern and efficient system of education, raise the intellectual component workforce through quality education are critical to competitiveness.
Third, innovative development that provide technological advancement of society in the direction of progress in communication and information technologies, expansion of the volume of investment in research and development, strengthening cooperation and business elite universities in this area. Fourth, the quality of execution, i.e. the ability of scientists, engineers, technicians and workers of any state skillfully and efficiently transform ideas and technologies in specific products and services that are highly competitive in the market. Finally, there are political will and national consensus.
The most difficult issue for the political leadership of any country wishing to become highly competitive is to declare not only political will but also to mobilize people and institutions to carry out the necessary reforms.
It should be noted that the institution of the presidency in Kazakhstan is the lead entity consolidation and modernization of contemporary Kazakh society. Broad public support throughout the historical period of independence provided to the President, defined by political policy implemented by the head of state.
The new President’s Message to the People of Kazakhstan political stability is regarded as a reliable foundation for the implementation of the Strategic Plan 2020. It contains the further improvement of Kazakhstan’s political system by its consistent political modernization.
Performing daunting challenges of post-crisis development through rapid industrialization of the country is possible provided the following principles: 1) first of all, our common homeland — is independent of Kazakhstan; 2) state and every citizen should strengthen stability in the society; 3) economic recovery — it each Kazakhstan; 4) integration into the regional and world market — an essential condition for post-crisis development of Kazakhstan.
In the new stage of accelerated comprehensive modernization of Kazakhstan Strategy «Kazakhstan-2020» continues to fulfill the mission of the national idea, which should contribute to the further consolidation of our nation and society. Concluding his address to the people of Kazakhstan, President Nursultan Nazarbayev said: «Together we were able to make a successful Kazakhstan, and together we can make it prosperous." Consolidation of Kazakh society carried around a strong and dynamic leader with a clear vision for future development.
Unity and stability under the leadership of President Nursultan Nazarbayev is a conscious political decision of the majority of the population, have repeatedly reaffirmed their will at the polls. Thus, in this case the stability of the mass acts as a query, and the stability of the policy pursued by the President, is what people expect.
Moreover, the policy reforms undertaken by the President of Kazakhstan, has always been consensual, that helped mobilize and unite not only society but also the political and economic elites. Institution of the presidency in this case acted as a central element system-stabilizing central element concentrating the efforts of elite groups on solving important political tasks.
Thus, in Kazakhstan with the completion of the transition from the administrative-command system to a qualitatively new era of construction of a right, created a stable democratic state and successive institute strong government in the face of the presidency.
With this strategy has been implemented and sustained forced industrial-innovative development of Kazakhstan. At the same time, experts say, even after the implementation of the principle of «strong president — strong Parliament», which effectively marked the transition from a presidential to a presidential-parliamentary form of government in 2007. The president’s power hierarchy remains the «central core of the whole political system of the Republic of Kazakhstan».
«Expanding its arbitration and personnel authority provided better control of public processes, expanded policy space of the President and, as a result, strengthen the stability of the political system» [2]. Time only proves that the establishment of a democratic state, as well as ensuring its future largely depends on the established system of government, its main political institutions and its central political figures — President.
Reference:
1. Nazarbaev N. Kazahstanskiy put, Karaganda, 2006, p. 70.
2. Seylehanov E.T. Razvitie politicheskoy sistemyi Respubliki Kazahstan v godyi nezavisimosti // Opyit politicheskoy i ekonomicheskoy transformatsii: kazahstanskaya model. Materialyi “kruglogo stola” (g. Almatyi, 3 aprelya 2008 g.) / Otv. red. B.K. Sultanov. Almatyi: KISI pri Prezidente RK, 2008. p. 40, 42.
3. Novoe desyatiletie — novyiy ekonomicheskiy pod’em — novyie vozmozhnosti Kazahstana. Poslanie Prezidenta stranyi narodu Kazahstana // http://www.akorda.kz
