The Constitution of the Republic of Kazakhstan.
Constitutions posed by certain economic and political conditions are of great
importance in the life of society and the state. Democratic constitution gives space
to the natural development of society, stimulates progress, and contributes to the
development of the individual. Democratic, progressive constitutions are designed
and developed in the light of international experience, as well as the specific
conditions of each country. Fundamentally new progressive constitutions are
adopted during the transition to a new social order that is typically associated with
social revolutions or upheavals.
Therefore, each constitution solves the main issues that affect the vital
interests of the people, regulates the basic aspects of society, the state, the
individual.
In any state constitution is the most important legal, political and ideological
document. It establishes principles of social order, the organization of the state, the
legal status of a person and citizen.
At the same time, the constitution is not only a statement of the existing
condition of society, it is a policy document that sets strategic objectives to the
society and the state, sets the direction for further development in all spheres of
society.
But the question is, can the constitution itself change along with society and
conform to its requirements? Considering the examples of countries such as the
USA and France (for obvious reasons), an unambiguous answer to this question is
impossible.
Therefore, there is such concept as the evolution of the constitution. And in
this essay dedicated to the Constitution of the Republic of Kazakhstan, I would like
to touch the development of constitutionalism in Kazakhstan and try to emphasize
the innovation of the existing Constitution.
The historical development of constitutions in Kazakhstan is due to and
compliance with the essential stages in the development of society and the state.
On this basis, since the beginning of XX century to the present time the country
has adopted several constitutions.
The first was the Constitution of the Kazakh SSR on February 18, 1926.
This Constitution, in my opinion, was very beneficial to political selfdetermination of the Kazakh nation as a necessary basis for its consolidation in the
state-territorial community and to further formation of state sovereignty. Legal
features evolved and manifested in the activities of the supreme bodies of state
authority and administration, particularly in the possibility to legislate on the
territory of Kazakhstan. Finally, the country carried out inter-state direct external
contacts within the Soviet Union.
Further constitutional evolution of Kazakhstan can be called the period of
the Kazakh Soviet republican state within the Soviet Union, when he had got
elevated status of direct subjects of the Soviet Federation and the Constitutions of
the Kazakh Soviet Socialist Republic in 1937 and 1978, and developed formal legally, as a sovereign state.
From 1990 to 1993 in the history of the republic there were events of great
political importance, which were inseparable connected with the collapse of the
Soviet Union. Exactly this circumstance put on the agenda the question of the
formation of a new state that is different from what it was in the past, the question
of creation of a new sovereign, democratic, unitary state. For Kazakhstan, the
creation of a new constitution under conditions of independence was a matter of
special importance.
October 25, 1990 the Supreme Soviet of the Kazakh Soviet Socialist
Republic adopted the "Declaration of State Sovereignty of the Kazakh Soviet
Socialist Republic", and in historical terms the constitution has always been made
on the basis of the declaration. During this short period there have been truly
global changes that have led to fundamental changes in all spheres of life.
Before the adoption of the 1993 Constitution, the Supreme Council adopted
a number of basic legal acts, such as the laws on property, citizenship, public
associations, the Cabinet of Ministers, etc. All by 1992, were adopted more than
450 documents. All of them were the key factors for the development of the
Constitution. The equality of all forms of ownership was legally recognized, a
legal framework for decentralization and privatization, for various forms of
business and market relations was created. During these years, beginnings of multiparty system - an essential element of a democratic civil society- appeared. There
was changed the nature of relations between the individual, society and state,
whose main task was to protect human rights.
January 28, 1993 at the ninth session of the Supreme Council of the
Republic of Kazakhstan was adopted the fourth constitution of the country. This
constitution reflected the actual prevailing social relations of transition to a
presidential form of government. However, the objective course of development
has led to a significant adjustment of constitutional law.
August 30, 1995 by popular vote the fifth Constitution was adopted. For the
first time in the history Kazakhstan the people also received basic law of the state
and society, constitutionally fixing a presidential republic with a single state
authority, epitomized by the people.
The need for the development and adoption of the new Constitution in
Kazakhstan, to my mind, was objectively determined by two groups of reasons.
The first group is made of fundamental changes in the life of Kazakhstani
society that occurred in the late 80's - early 90's.
1) During the 1990-1995 multi-party political system is established.
This led to the approval of a wide network of political parties and
social movements.
2) Planned economy, based on the monopoly of state-owned and
over-centralized public administration, has been actively replaced
by market economic relations.
3) The characteristic for the Soviet period domination of one public
official ideology (communist world) gave way to ideological and
religious pluralism, on the basis of which was approved the
freedom of thought and speech, was developed publicity.
The second group of reasons is fundamental changes in the international situation
of the country.
1) Proclamation of Kazakhstan as a sovereign and independent state
has led to the fact that he had received a membership in
international organizations.
2) The most important part of foreign policy was the participation in
the Commonwealth of Independent States.
3) Kazakhstan, actively engaging in a modern international life,
officially declared its commitment to the principles of international
law and recognized principles and norms of international law and
international treaties as integral part of its legal system.
The Constitution of the Republic of Kazakhstan in 1995 is a totally new
political-legal document. Its essential novelty is primarily manifested in the
principles that crucially determine the content and form of all its institutions. As
for me the basic ideas here are the following:
 democracy and popular sovereignty, which implies a separation of
powers;
 constitutionalism and the rule of law;
 natural and inalienable rights of man and citizen;
 promotion of peace among peoples and nations, respect for the
principles and norms of international law;
 public consent and political stability;
 resolution of the most important issues of state by democratic methods
including voting in the national referendum or in the Parliament.
The apparent novelty lies in provisions, which determine the constitutional
status of the individual: the natural rights of man, a complete legal equality of all
citizens regardless of their origin, social or property status, race, sex, nationality,
language, religion, beliefs, place of residence or any other circumstances. Another
novelty consists in established rule according to which a citizen of the republic
under no circumstances can be deprived of citizenship, the right to change his
nationality and cannot be exiled from Kazakhstan. An innovation is the recognition
of the Constitution to protect private property, that presupposes the protection of
intellectual property.
A new step forward makes the Constitution on the issue of redistribution of
constitutional powers between the President, Parliament, Government and the
courts. In fact, in Kazakhstan in recent years there has been a transition from the
parliamentary, and then mixed parliamentary-presidential system to a presidential
one. This is clearly demonstrated by the fact that the 1993 Constitution and the
Constitution of 1995 give the Parliament less authority than the Supreme Council
had according to 1978 Constitution.
Considering to the opinions of many lawyers and political scientists, I will
allow myself to assume, that the Constitution of Kazakhstan of 1995 is fully
consistent with the generally recognized principles and norms of international law,
European and international standards of constitutional lawmaking, not only on the
experience of the constitutional development of advanced democracies, but also
takes into account the current practice of legislative regulation public relations in
Kazakhstan at present. In my opinion, in contrast to the previously existing, the
Constitution of 1995 reflects the actual situation in the country and the real needs
of the socio-economic, socio-political, spiritual and moral development of society.
The central idea of the Basic Law is to ensure consent and compromise
between various social and political forces of Kazakhstan's society, both the near
and the more distant historical perspective. This makes the Constitution the most
important factor of political stability, the guarantor of civil peace, social and
national reconciliation.
In conclusion I would like to say that the Constitution and formulated in it
the principles of political and legal institutions promote the incorporation of our
society and the state in world economy, world politics and generally in the
progress of modern civilization.