Doctor of Law, Professor V.A. Malinovsky
Doctor of Law, Associate Professor G.A. Alibaeva
Humanitarian University of Transport and Law named after D.A. Kunaeva, Republic of Kazakhstan
INDEPENDENT REPUBLIC OF KAZAKHSTAN
To study the modern design of the Kazakh form of government during the period of formation and strengthening of state independence, the basic one is the constitutional characteristics of the Republic of Kazakhstan as a state establishing itself as democratic and legal.
The Constitution defines Kazakhstan as a state with a presidential form of government.
As is known, in the most general terms and established tradition modern states According to the form of government, they are divided into monarchies and republics. The basis of this differentiation is for the most part the status of the head of state with its inherent procedure of election (or succession to the throne), functions and powers, as well as the relationship of the head of state with parliament and government. However, today this is no longer enough.
Highlighting the features of the Scandinavian monarchies, M.A. Isaev, in relation to the Kingdom of Sweden, writes the following: “Today we can characterize the form of government of Sweden as conditionally monarchical, striving for its own negation. In this regard, the situation in Sweden might seem unique if it were not for a similar situation, for example, in Japan. In terms of the form of government, this is also, in general, a monarchy, but the monarchy is very conditional.”
The uniqueness of Japan's form of government is that it is based on the divinity of the Emperor and the favor of democracy based on popular sovereignty. In Article 1 of the 1947 Constitution, two matters were combined into one. On the one hand, it proclaimed the status of tenno (tenno is the title Japanese Emperor- authors) and fixed constitutional foundations Tenno mode. On the other hand, it explains the location of sovereign power, or rather the transformation of tenno sovereign power to humans. According to J. Mackie, this combination embodies a real revolution.
The model of a semi-presidential republic with a “strengthened institution of the president”, which for a number of reasons became an example for Kazakhstan and applied according to the Constitution of the Republic of Kazakhstan, as is known, first arose in Weimar Germany and Finland, then, about forty years later, in France, after which it received its development in Portugal. Today it is enshrined in the newest constitutions of Azerbaijan, Georgia, Russia, Poland, French-speaking African countries and other countries.
In general, in the modern changing world, the demands of constitutional practice in foreign countries often give rise to atypical forms of states. Completely justified according to the results of the analysis based on widely used comparative legal method, V.E. Chirkin uses the term “mixed form of government”.
Let us emphasize that the institution of “form of government” as essential element the state form is much richer than one of its specific varieties - the “republic”. Therefore, the presidential form of government proclaimed by the Constitution of the Republic of Kazakhstan (together with official name countries) covers a variety of government forms: “purely presidential”, “semi-presidential (dualistic)” up to a “super-presidential (monocratic)” republic.
The desire, often found in the media and in political life, to equate the Republic of Kazakhstan “with a presidential form of government” and Kazakhstan - a “presidential republic” significantly impoverishes the current state form of Kazakhstan. Often a completely paradoxical situation arises: the more one or another author uses the argument of a presidential republic to justify strengthening the role of the Head of State, the more realistically he moves away from it.
In this regard, the following is indicative. In a very interesting special study by O.I. Zaznaev covered a wide range of “semi-presidentialism”, analyzed in depth the features and types of semi-presidential systems in constitutional, political, as well as theoretical and purely applied dimensions. Moreover, the author, as we see, uses the term “semi-presidential system”, and not “semi-presidential” republic.
More than twenty years of state independence leads to the following fundamental conclusion. The modern successful, strong and effective state - the Republic of Kazakhstan - has become such to a decisive extent thanks to the presidential form of government, its system-forming center - the President of the Republic and the personal qualities of N.A. Nazarbayev, who filled the constitutional status of the Head of State with real practical actions for the benefit of all Kazakhstanis.
The “presidential form of government” established by the 1995 Constitution of the Republic of Kazakhstan has many similarities with a presidential republic (direct elections of the President of the Republic, his unconditional dominance in the executive branch of government) and a parliamentary republic (parliamentary responsibility of the Government, the possibility of removing the Head of State from office only for high treason, the right of the President of the Republic to dissolve Parliament), which gives grounds for characterizing the Kazakh form of government as a “mixed” or “semi-presidential” republic. At the same time, the expanded powers of the President of the Republic in relation to the Parliament and the Government make it possible to define the “presidential form of government” established by the 1995 Constitution as a semi-presidential republic with a strengthened institution of the President of the country.
Designed for the period of political transit, it ensured the stability of the state and the political system as a whole due to the strict concentration of executive power (in its horizontal and vertical structures) in the institution of the Head of State, his dominance in the Government, and the limited possibilities of influence of Parliament on the executive power.
In the conditions of getting used to democracy, the liberalization launched in the country in the early 2000s also affected the presidential form of government, in particular, its socio-political foundations and all institutional components, primarily the parliamentary one.
This conclusion is confirmed by the results of the constitutional reform carried out through the adoption of the Law of the Republic of Kazakhstan dated May 21, 2007 “On Amendments and Additions to the Constitution of the Republic of Kazakhstan.”
In general, the constitutional reform predetermined new conceptual approaches to understanding the main socio-political institutions and prospects for their development. A number of amendments and additions to the Constitution in their interrelation allow for a new interpretation of the purpose of state power, the content of the functions of the state, to determine the principles of relationships between state bodies, public associations and citizens, to more widely involve civil society institutions in solving state-significant problems, to establish legal norms that are adequate changing social relations.
Thus, from the standpoint of transforming the “presidential form of government” established by the Constitution of the Republic of Kazakhstan in 1995 constitutional reform May 2007 can be characterized as a set of measures that promote Kazakhstan in the direction of a “presidential-parliamentary republic” by stimulating a modern party system, strengthening the status of Parliament, improving its representative function and legislative activity, as well as the gradual establishment of functional and organizational closeness and coherence characteristic of the parliamentary form of government in the activities of the bodies of the legislative and executive branches of a single state power. The ultimate goal is to create strong relations between the state and the people of Kazakhstan.
Emphasizing the importance and significance of reforming the Basic Law of the country in 2007 in the direction of liberalization political system and statehood, it must be recalled that it does not affect the essential foundations of the “presidential form of government” of the Republic of Kazakhstan.
The practical implementation of the 2007 innovations showed the absolute correctness of the constitutional reform developed over almost five years of national discussion.
In 2007–2009, in the direction of introducing its ideas, provisions and norms for the further democratization of state and public life amendments and additions were made to the constitutional laws on the President of the Republic, on the Parliament and the status of its deputies, on the Government, on the Constitutional Council, on the judicial system and the status of judges, on elections, as well as in the laws on political parties, on the media and a number of others.
On April 3, 2011, early elections of the President of the Republic took place, in which N.A. Nazarbayev received the support of 95.55% of Kazakhstanis who voted (the turnout was 89.98% of those included in the voter lists). Let us recall that these elections were called by the President of the Republic in return for the people's initiative to extend the powers of N.A. Nazarbayev until 2020. Then, in order to resolve the contradiction between the initiative of more than 5 million citizens of the country; Act of Parliament that created legal framework to implement this initiative, as well as by the resolution of the Constitutional Council, which recognized this law as contrary to the Constitution, the President of the Republic declared his desire to go to direct, competitive elections. He submitted to Parliament a draft law to supplement Article 41 of the Constitution with only one paragraph 3-1 with the following content: “Early presidential elections are called by the President of the Republic and are held in the manner and within the time frame established by constitutional law.” Upon the adoption by Parliament of this addition and the subsequent introduction of amendments and additions to the Constitutional Law on Elections, the Head of State issued a decree on early elections. This example once again demonstrates the desire supreme power act strictly within the framework of the Basic Law.
Based on the results of extraordinary parliamentary elections 2007, in which only one political party received representation in the Mazhilis, a mechanism was included in the constitutional law on elections to ensure the presence of at least two parties in the Mazhilis. However, it was not necessary to apply it, since according to the results of the early elections on January 15, 2012, there are now factions of three operating in the Mazhilis political parties. Not only personalities, but also party programs came into the spotlight of voters, which raised the discussion of candidates and, accordingly, voters’ preferences to a new meaningful level.
Amendments made to Article 5 of the Constitution of the Republic of Kazakhstan in 2007 (prohibitions on the merger of public and state institutions and state funding were removed public associations) led to a sharp activation of the civil sector, an increase in the number of public associations, including those operating in the field of social protection of the population, a significant increase in state budget funds for social projects implemented through civil society institutions. For the first time, on October 20, 2008, the Parliament adopted the law “On the Assembly of the People of Kazakhstan,” which established the new state-public character of this institution. In other words, national interests was given shape at the intersection of state and civil society. At the same time, everything is national cultural centers included in a special unified democratically organized mechanism headed personally by the First President of the Republic - the Leader of the Nation, integrating national-cultural centers, nationally recognized individuals and the most important government bodies.
The past year 2013 has become initial stage practical implementation of the presidential “Strategy “Kazakhstan-2050”: New political course of an established state” (Astana, December 14, 2012), which is a logical continuation of the “Strategy “Kazakhstan-2030”, which was completed ahead of schedule in terms of the main parameters.
“The Kazakhstan-2050 Strategy covers the entire complex of the management cluster in its functional, institutional, legal and other components, internal and external interactions.
By historical standards, the time allotted for the implementation of the “Kazakhstan-2050 Strategy” is not so much. Therefore, the first year after its proclamation became very eventful.
Among the results achieved, firstly, the creation of a new model of civil service (Corps “A” was formed, and this is 543 civil servants, for whom high requirements have been established. The number of political employees has decreased by 7.5 times; in the regions, a third of district akims have been renewed and cities, and at the central level – 15% management team executive bodies); secondly, the reform of local self-government (an additional 5,000 units (positions) were transferred to the rural level, 67 functions were assigned, elections of 2.5 thousand local akims were held, which is 91% of all akims in the country); The Law “On State Services” has been adopted and is being implemented; thirdly, the Law “On Public Services” has been adopted and is being implemented, which improves the business environment and increases citizens’ trust in the state; fourthly, the changes required by practice in the system of executive authorities continue (existing government bodies are being transformed and new ones are being established, and the forms of citizen participation in their activities are expanding).
In general, public administration in the Republic of Kazakhstan is gradually being transformed into public administration, based on reasonable balances between state and social principles, between government functions and public services, on implementation the latest achievements management and information technology, on the inclusion of representatives of civil society and Kazakhstanis themselves in the management process.
Literature
1. Isaev M.A. The mechanism of state power in the Scandinavian countries. – M., 2004. – P. 173.
2. Japanese Constitutional Law Edited by Percy R. Luney, Jr., and Kazuyuki Takahashi. – University of Tokyo Press, 1993. – P. 45, 88–89, 96–104
3. Chirkin V.E. Statecraft: Textbook. – M., 1999. – P. 142, 146
4. Zaznaev O.I. Semi-presidential system: theoretical and applied aspects. – Kazan, 2006.
5. On the revision of some normative resolutions of the Constitutional Council of the Republic of Kazakhstan in connection with the adoption of the Law of the Republic of Kazakhstan dated May 21, 2007 No. 254-III “On introducing amendments and additions to the Constitution of the Republic of Kazakhstan.” Regulatory resolution of the Constitutional Council of the Republic of Kazakhstan dated November 8, 2007 No. 9
The idea of presidential power in its development found various shapes implementation in more than a hundred countries around the world. In each of them, political regimes differ from each other, and presidential power itself is characterized by its own characteristics. The institution of the head of state has vital importance in any country. It is precisely depending on the scope of powers of the Head of State, the system of his election and a number of other important characteristics that states are classified today.
Without studying the institution of the Head of State, it is impossible to talk about a serious study of the system of state and political power of one country or another. It is in the features of the institution of the Head of State that the specificity of political regime of a particular country, the features of its political and historical development, its political culture.
The presidential form of government was established in the Republic of Kazakhstan on April 24, 1990. It was on this day that the law establishing the post of president was adopted Kazakh SSR.
This form began to spread in other countries. Central Asia, which were previously included in Union of Soviet Socialist Republics. This choice is associated with the centuries-old traditions of regional political culture, as well as the Soviet legacy with a pronounced personification of power. It is no coincidence that after gaining sovereignty, the state structure of the CIS countries retained such features as the concentration of power at the top of the executive vertical and hierarchy. At the same time, under other conditions, the outcome of political processes, as is known, is largely determined by political and cultural norms, values and attitudes.
In Kazakhstan it is fixed special position The President in the system of separation of powers and the mechanism of checks and balances. The President ensures the coordinated functioning and interaction of government bodies. The President is elected by the people and is a spokesman for the national interest. We can say that the President of the Republic of Kazakhstan stands above all branches of government.
The President of the Republic of Kazakhstan, exercising state power, being the head of state, takes part in the implementation of each of the varieties of unified state power of its functions, directly interacting with the legislative, executive and judiciary. The President of the Republic of Kazakhstan acts as a system-forming element of the system under consideration. He is the guarantor of the independence, territorial integrity and security of the country, ensures compliance with the Constitution and interaction between government bodies.
At the same time, the President, who has significant powers, is guided by the parliamentary majority and builds policy in accordance with this. It should be noted that the Constitution of the Republic of Kazakhstan provides for strong control powers of the Parliament of the Republic of Kazakhstan, methods for effective control over the activities of the Government, etc.
Thus, we can conclude that the presidential form of government of the Republic of Kazakhstan, established by the 1995 Constitution, meets the realities of transition and contributes to the stability of the country’s gradual political modernization.
Kazakhstan is a country with a clear goal for the future, a country that looks at its future with confidence. This is reflected in our desire to join the ranks of 50 competitive countries in the world. To achieve this height, the indisputable authority of our President - Leader of the Nation Nursultan Abishevich Nazarbayev, his rich experience and deep knowledge, and international recognition serve. President N.A. Nazarbayev is increasingly gaining international authority and influence as a politician and leader of the nation in the process of developing and establishing a democratic, strong state, which has not only the volume of land (9th place in the world), but also a huge wealth of mineral resources.
Form of government- this is an organization of state power, characterized by a system of formation and relationships between the highest bodies of state power, characterizes power relations horizontally. The Republic of Kazakhstan has a presidential form of government. However, this does not mean that a classic presidential republic has developed in Kazakhstan, as in the United States. Rather, we are talking about a mixed (semi-presidential) republic, combining elements of both a presidential and parliamentary republic. The French model is taken as a basis.
The formation of this form of government in Kazakhstan has 6 stages:
1. On April 24, 1990, the post of President of the Kazakh SSR was established - the head of the republic. The first President was elected by the Supreme Council. The powers of the President were limited to a large extent by the President of the USSR and the Supreme Council of the Republic. The Council of Ministers was formed by the Supreme Council and was accountable to it.
2. On November 20, 1990, amendments were made to the Constitution of the KazSSR. The status of the President was strengthened; he became not only the head of the republic, but also the head of the executive and administrative powers. The Council of Ministers was transformed into the Cabinet of Ministers and began to be formed by the President. In December 1990, general presidential elections took place.
3. On December 16, 1991, the independence of Kazakhstan was proclaimed. The President became the head independent state, his vertical authority with the President of the USSR and allied bodies disappeared. On January 28, 1993, the first Constitution of the Republic of Kazakhstan was adopted. The President is the head of state and the head of a unified system of executive power. The government is formed by the President, but the appointment of the Prime Minister and 4 ministers (foreign affairs, internal affairs, defense and finance), the chairman of the National Security Committee requires the consent of the Supreme Council. At this stage there was a massive self-dissolution local councils in 193, which ended with the self-dissolution of the Supreme Council of the 12th convocation.
4. Adoption by the Supreme Council of the Republic of Kazakhstan before self-dissolution on December 10, 1993 of the Law of the Republic of Kazakhstan “On the temporary delegation of additional powers to the President of the Republic of Kazakhstan and the heads of local administrations,” which granted the President the right to independently exercise a number of rights belonging to the Supreme Council or them jointly, incl. issue acts having the force of law and call a referendum. In March 1994, the first professional parliament was elected - The Supreme Council 13th convocation, which was declared illegitimate by the decision of the Constitutional Court of the Republic of Kazakhstan dated March 6, 1995 and, as a result, was dissolved by the President. At this stage, for a significant time there was no legislative body in the country; legislative powers were exercised by the President. On April 29, 1995, the powers of the President were extended at a republican referendum. A draft of a new Constitution has been developed.
5. On August 30, 1995, the second Constitution of independent Kazakhstan was adopted at a republican referendum. The president is the head of state, equidistant from all branches of government, not included in any of them, and serves as an arbiter between government bodies.
6. On October 7, 1998, amendments and additions were made to the Constitution, changing the requirements for the President, his term of office, competence, and increasing the role of Parliament.
7. On May 21, 2007, amendments and additions were made to the Constitution of the Republic of Kazakhstan, as a result of which the Government is formed taking into account the party majority in the Mazhilis and needs its trust; in cases established by the Constitution, it is responsible to the Mazhilis. These amendments, in essence, led to the transition to a presidential-parliamentary republic.
Republic of Kazakhstan as an independent sovereign state was proclaimed on December 16, 1991.
This fact recorded in the Constitutional Law of the Republic of Kazakhstan “On State Independence of the Republic of Kazakhstan” dated December 16, 1991.
As a sovereign state, the Republic of Kazakhstan has an independent economic system based on diversity and equality of all forms of ownership. The Republic of Kazakhstan creates its own armed forces that protect its independence and national statehood.
The main law of our country is the current Constitution, adopted in a popular referendum on August 30, 1995.
On October 8, 1998, the Constitutional Law introduced 19 amendments and additions to the current Constitution.
The Constitution of the Republic of Kazakhstan established the constitutional system, economic and political foundation of the Republic of Kazakhstan.
The constitutional system of the Republic of Kazakhstan is a system of fundamental public relations, which is a way of organizing the state, its connection with the individual, enshrined in the norms of the Constitution and characterizing it as a constitutional state.
The Constitution provides the following fundamental principles Constitutional system of the Republic of Kazakhstan: principles of democracy, state sovereignty, unitarism, separation of powers, rule of law, decisions of the most important issues V state life democratic methods, ideological and political pluralism and others.
Democracy can be cited as the main feature of the constitutional system of the Republic of Kazakhstan. The people are defined as the only source of state power in the Constitution of the Republic of Kazakhstan. Democracy is determined through a republican referendum and free elections.
In addition, the people delegate the exercise of their power to government bodies. Therefore, democracy is carried out in direct and representative forms.
Economic basis of the Republic of Kazakhstan- based on diverse forms of ownership. Thus, market relations are constitutionally enshrined. The Constitution of the Republic of Kazakhstan equally recognizes and protects both state and private property.
The Constitution also establishes that land can be privately owned.
The state guarantees property rights. Alienation of property can only take place in court. The Constitution also guarantees the right of inheritance.
The state recognizes and supports the right to freedom entrepreneurial activity and freedom of economic competition. At the same time, monopolistic activities are regulated and limited by law.
In accordance with the Constitution, state ownership includes land and its subsoil, vegetation and animal world and others Natural resources. The Constitution establishes that property is obligatory and its use must simultaneously serve the public good.
Political basis of the Republic of Kazakhstan form diverse organizations, institutions and institutions that carry out the struggle for power, its organization and functioning. The elements of the political system include public organizations, associations and state bodies.
The Constitution enshrines the ideological and political pluralism, emphasizing that the merger of public and state institutions and the creation of political party organizations in state bodies are not allowed.
The Republic is in the process of becoming multi-party system, which presupposes legality political opposition and will promote involvement in political life wide sections of the population. Ten deputies of the Mazhilis of Parliament are elected on the basis of party lists.
The form of the state of the Republic of Kazakhstan is distinguished by the internal unity of the three elements of the form of government, the form government structure and forms of political regime.
By form of government in Kazakhstan is a presidential republic.
According to the Constitution of the Republic of Kazakhstan, the President is the head of state and its highest official. As the head of state, the President determines the main directions of domestic and foreign policy, and is also the highest representative of the state in the field international relations and within the country. The President of the Republic of Kazakhstan is a symbol and guarantor of the unity of the people and state power, the inviolability of the Constitution, the rights and freedoms of man and citizen.
The President is elected on the basis of universal, equal and direct suffrage by secret ballot by all adult citizens of the Republic of Kazakhstan for a period of 7 years.
The Constitution enshrines a system of guarantees limiting the power of the President. So, firstly, the term of office of the President is limited - 7 years. Secondly, holding the post of President for more than 2 terms in a row is not allowed. Thirdly, a constitutional mechanism is provided for the removal of the President from office in the event of high treason. The institution of removing the President from office is called impeachment.
Fourthly, a constitutional mechanism is provided for recognizing the President's normative acts as inconsistent with the Constitution.
As for the powers of the President, here I would like to note one of the most important ones. Thus, the President of the Republic of Kazakhstan, with the consent of the Parliament, appoints the Prime Minister of the Republic, appoints members of the Government and dismisses them from office, appoints the Chairman of the National Bank of the Republic of Kazakhstan, Prosecutor General and Chairman of the National Security Committee.
In addition, the President of the Republic of Kazakhstan exercises a number of other powers.
According to the form of government The Republic of Kazakhstan is a unitary state. As a unitary state, Kazakhstan is characterized by a single, politically homogeneous structure, consisting of administrative-territorial units that do not have their own statehood.
In the Republic of Kazakhstan there is a single citizenship, a single legislation, one system government agencies.
The Constitution stipulates that unitarity and territorial integrity, the form of government of the Republic cannot be changed.
State form legal regime in the Republic of Kazakhstan can be considered democratic.
Thus, the Constitution of the Republic of Kazakhstan recognizes the people as the only source of state power, recognizes the absoluteness and inalienability of human rights and freedoms and guarantees them; it proclaims that human rights and freedoms belong to everyone from birth.
The Constitution recognizes a person, his life, rights and freedoms as the highest values. At the same time, mutual responsibility becomes a priority in relations between an individual and the state.
The Constitution enshrines a wide range of human and civil rights and freedoms.
The exercise of human and civil rights and freedoms has a limiting framework, which is expressed in the following:
1) it must not violate the rights and freedoms of other persons;
2) it should not encroach on the Constitutional system;
3) it should not infringe on public morality.
The Republic of Kazakhstan is a secular, social and legal state.
The Republic of Kazakhstan is a secular state. This is ensured by the separation of religious associations from the state and the secular nature of education, i.e. schools are separated from religion.
In Kazakhstan, none of the faiths is recognized as mandatory or preferable. There is no official state religion in the Republic, and the activities of parties on a religious basis are not allowed.
The Republic of Kazakhstan asserts itself legal by the state. By using the word “approves” rather than the word “is” the Constitution emphasizes that the Republic of Kazakhstan is on initial stage of formation rule of law.
Thus, the Constitution of the Republic of Kazakhstan expresses the following the main signs rule of law
The unconditional supremacy of the Constitution and laws over others regulations;
The division of government power into legislative, executive, judicial branches and the interaction of branches of government based on a system of checks and balances;
The principle of the rule of law, the priority of human rights and freedoms, recognition of them as natural and inalienable;
The connection between the state and the citizen by mutual rights and obligations;
Independence of justice;
Use in implementation civil rights and freedoms of the principle “everything is permitted that is not prohibited by law”;
The principle of equality of all before the law.
The Constitution lays the foundation for the construction in Kazakhstan social state.
Thus, the state is obliged to take care of establishing social justice in all areas, especially in the sphere of production and distribution. To achieve this goal, the state solves the following tasks:
Prevent the formation of social poles and the emergence of class antagonism on this basis;
Reasonably and purposefully regulate economic, social, democratic and other relations;
Orient legislation towards the individual, towards meeting his vital needs and interests, creating social protection from unemployment, social security for the disabled, pensioners, etc.
1. Describe the form of government of the Republic of Kazakhstan.
2. What are the features of presidential power in the Republic of Kazakhstan?
3. Indicate the form of government of the Republic of Kazakhstan and link to historical features its development.
4. Highlight character traits democratic political regime in the Republic of Kazakhstan.
5. Expand the content of Article 1, Clause 1 of the Constitution of the Republic of Kazakhstan ''The Republic of Kazakhstan asserts itself as democratic, secular, legal and social state, the highest values of which are man, his life, rights and freedoms’’.
Kazakhstan is a large state in the territory post-Soviet space. What is known about this country? What form of government is established in Kazakhstan, what are its features? territorial structure? Based on this article, answers to all will be provided current issues about the structure of the Kazakh state.
General characteristics of the Republic of Kazakhstan (RK)
According to the first article of the Kazakh Constitution, the Republic of Kazakhstan is a democratic, unitary and social-legal state with a presidential form of government. Kazakhstan adopted the basic law of the country two years later, it was adopted new Constitution. In 1998, a number of major amendments and changes were made to it.
State structure Kazakh Republic based on the principle of separation of powers. All government bodies belong to one of three branches: legislative, judicial or executive. The President is not dependent on any branch.
The Kazakh state is divided into regions. In total, there are 14 regions and 2 cities of republican significance in the country - Alma-Ata and the capital Astana. There is also Baikonur - a city with special status who temporarily rents Russian Federation. The population of Kazakhstan is 18 million people.
Form of government in Kazakhstan
What is a "form of government"? The European theory of state and law states that this is the organization of power in the country. The form of government characterizes the relationship between government bodies. An idea of the vertical-horizontal system of relations is given.
In the Republic of Kazakhstan, the form of government is called semi-presidential or mixed. To what extent does the Kazakh system coincide with the classical republican one, such as in the USA? Of course, Kazakhstan is far from the American system. When developing the Constitution and forming the state structure in the early 90s, the French model was taken as a basis. It must be said that the very formation of today’s form of government in Kazakhstan took place in several stages. Each stage of development will be discussed in detail below.
The formation of a semi-presidential form of government in the Republic of Kazakhstan
In April 1990, the post of head of state, that is, president, was established. The first President was elected by people's representatives - members of the Supreme Kazakh Council. His rights were largely limited by the powers of the President of the USSR and the Council of Ministers. By the way, the ministers themselves were vested with powers from the Supreme Council.
In November 1990, many changes were made to the Constitution of the Kazakh SSR. The status of the head of state was strengthened. From now on, he became not just the formal head of the republic, but also the chairman of the administrative and executive powers. The Ministerial Council was transformed into the Cabinet of Ministers. He was formed by the head of state. In December 1991, the first elections of the Kazakh President took place. In the same month, the independence of Kazakhstan was proclaimed. The President becomes independent from the Soviet heads of state. On January 28, 1993, the first Kazakhstan Constitution was adopted, which proclaimed the principles of democracy, secularism, separation of powers and the priority of legal foundations. The President becomes the sole head of state and chairman of the executive branch of Kazakhstan. What form of government was established in the country according to the Constitution? If the President was appointed head of the executive branch, then presidential rule was established in the country. It existed until 1995.
Change of form of government
Until August 30, 1995, a rule was in force in the Republic of Kazakhstan according to which the Government was formed by order of the head of state. Also, the president could delegate powers to the prime minister, as well as a number of executive ministers. However, this already required the consent of the Supreme Council.
In December 1993, the President was given the opportunity to delegate additional powers to the heads of local administrations. This measure was taken due to the massive self-dissolution of members of the Supreme Council. In the spring of 1994, the first Kazakhstani Parliament was formed - the Supreme Council of the 13th convocation. A year later, he was declared illegitimate by presidential decree.
For six months, Kazakhstan did not have a legislative body. Only in the summer of 1995 was the text of the second state Constitution developed. According to its provisions, the President was declared equidistant from all branches of government. He was also given the status of arbitrator. A presidential form of government was established in Kazakhstan.
Currently, the 1995 standards have a slightly modified form. Thus, three years after the adoption of the second Constitution, the powers of Parliament were expanded. The rights of the President have changed somewhat. In 2007, amendments were made to the Constitution. The government must be formed in accordance with the party majority of the Mazhilis, the lower house of the Kazakh Parliament. This norm approved the final transition to a mixed republic.
About the President of Kazakhstan
Having dealt with the question of what form of government is established in Kazakhstan this moment, you should proceed to a detailed study of each government agency, which constitutes the management system in the country. However, we should start with the President - the head of the Kazakh state.
The President of the Republic of Kazakhstan is the highest official. It is he who determines the main directions of external and domestic policy, and also ensures the functioning of all government agencies. Finally, the head of the Kazakh state is the supreme commander in chief of the country.
The main powers of the President include the creation and promulgation of laws, the dissolution of Parliament, the empowerment of certain officials, and the conduct of international negotiations. The remaining functions of the head of state of the Republic of Kazakhstan are fixed in the Constitution. from 1990 to the present day - this is Nursultan Nazarbayev.
Government
The Kazakh executive body is headed by the Prime Minister. He is appointed by the head of state with the consent of Parliament. The powers of the Government include the following:
- legislative activity within the framework of their powers;
- development of socio-economic, defense and social programs;
- management of state property;
- granting powers to certain officials;
- development of foreign policy measures of the Republic of Kazakhstan;
- performance of other functions and powers recorded in the Kazakhstan Constitution.
The government of Kazakhstan resigns its powers only after the election of the head of state. Him executive branch fully accountable.
Legislature
The main legislative body in Kazakhstan is the Parliament. He has bicameral structure. It includes the Senate, formed for a period of six years, and the Mazhilis. The Senate consists of 47 members. 32 of them are elected by representative regional bodies - 2 representatives from each region. The remaining 15 people are vested with powers by order of the President. The Senate is the upper parliamentary house. The main purpose is to consider bills adopted by the Mazhilis.
The Mazhilis is the lower parliamentary house. This body is elected for 5 years. The powers of this chamber include approving the country's budget, resolving issues of peace and war, ratifying international treaties and much more.
Judicial branch
The court system is also an element of the mixed form of government in Kazakhstan. The features and principles of the structure of the judicial system in the Republic of Kazakhstan are regulated by the Constitution.
The highest judicial body in the country is called the Supreme Court. Its chairman and judges are appointed by the Senate on the proposal of the President. There is also the Supreme Judicial Council, a society responsible for funding all courts, presenting candidates, and overseeing the judicial system.
In the Republic of Kazakhstan there is a Constitutional Council, whose responsibilities include the implementation of functions Constitutional Court. The Council is not part of the judicial system.
State structure in the Republic of Kazakhstan
Having understood that Kazakhstan is a presidential-parliamentary (mixed) form of government, we should begin to study the territorial structure of the state. The Kazakh Constitution states that the country is unitary. This means that the Republic of Kazakhstan is an indivisible state with one budget and a single tax system. All administrative-territorial units in the country do not have independence, but are entirely dependent on the center.
There is a single system of power in the Republic of Kazakhstan: there is one President, a single Government and Parliament. Tax, credit and monetary system are also centralized and therefore cannot have local sovereignty.
Thus, the Constitution of Kazakhstan does not imply vesting regions with a certain share of sovereignty, as is provided, for example, in the USA or Russia. In the state in question, everything is unified and strictly centralized.
Administrative structure of the Republic of Kazakhstan
The Republic of Kazakhstan is divided into regions and districts. There are 14 regions in the country, and districts are located within each region. Almaty and Astana are cities of republican significance, with Astana being the state capital. The remaining 14 regions are named as follows:
- West Kazakhstan, South Kazakhstan, East Kazakhstan and North Kazakhstan regions;
- Akmola, Almaty, Zhambyl, Kostanay, Atyrau, Karaganda, Pavlodar, Kyzylorda, Aktobe and Mangistau regions.
In total, in Kazakhstan regions there are 11 urban and 160 rural districts, as well as 46 cities. There are 2,453 rural districts in the country. Before entering early XIX century into the Russian Empire, Kazakhstan consisted of 11 regions. The state itself was called the Kazakh Khanate. As part of the Russian Empire, Kazakhstan included the Trans-Caspian and Ural region. At the same time, the Bukey Horde in 1801-1845. was part of the Astrakhan province.
The form of government and the form of government in Kazakhstan have changed more than once over the thousand-year history of the country. The board was finally formed only in 2007, when major amendments were made to the Constitution. The process of state structure was completed by 2001 - then the center of the Almaty region was moved to Taldykorgan.
Economic condition of the Republic of Kazakhstan
The characteristics of the territorial structure and form of government of Kazakhstan should be supplemented with information on the financial and economic state of the state.
The national currency in the country is the tenge. The Ministry of Budget Planning and Economic Condition is responsible in Kazakhstan for the formation of financial and economic relations, as well as for their development. The first bank in the country is called the National Bank of the Republic of Kazakhstan. All assets in the state are concentrated in Samruk-Kazyna - the largest holding. He invests in large projects that are aimed at the development of Kazakhstan.
The country is especially developed mining industry. The state is “powered” by oil, coal, gas, ore and other minerals. The leading industries are non-ferrous and ferrous metallurgy.
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