The Constitution is the image and the imprint of the country that defines the structure of government, the relationship between institutions and it forms a nation around these institutions.
The Constitution reveals the aspirations and hopes of nation building. The attitude of people to its Constitution defines the development of this nation.
For example, in the Republic of South Africa (RSA) that was proclaimed "rainbow nation" thanks to N. Mandela the Constitution bears the burden of forcing the public administration system to preserve the national history of the struggle against apartheid. Therefore the South African Constitution recognizes the injustice of the past,
honors those who suffered in the struggle for jus
tice and freedom, also unites all people of RSA on the basis of the principle "unity in diversity".
In the UK there is no single document that would be considered the Constitution. However a so-called "unwritten Constitution" has been adopted in the country. Hard-won political and civil freedoms from a once all-powerful monarchy are protected today by the common law and deep respect for tradition.
In the USA, at least, one of more than a dozen candidates nominated for the Supreme Court has been asked by the judicial Committee of the US.
Senate at hearings on the approval of the nomination whether he believes in a "living Constitution" [1].
Today most judges call the Constitution of the USA a "living, breathing document" [2] implying the flexibility of its text and the possibil ity of amendments. It was that document that in 1787 became the first written principle law
and the ''Declaration of the Rights of the Man and of the Citizen'' was adopted in France only two years later. Since the adoption, the text of the Constitution has not changed and instead the Supreme Court has focused on the decisions and the implementation of what is provided for by the Constitution.
American history demonstrates the unique attitude of the citizens to the US Constitution: the phrase "we, the people of the United States" really brings the American sense of pride and respect as well as the need for the execution of the law. The affirmation for the creation of an equal opportunity society with a socially oriented economy has contributed to the strengthening of statehood, stability and prosperity of the country.
This year marks 20 years since the adoption of the main set of laws of this independent state - the Constitution of the Republic of Kazakhstan.
During this time the country has firmly established itself on the world stage as one of the most active participants in the dialogue on international issues.
The successful chairmanship of our country in two prestigious organizations, the OSCE and the OIC, in the regional organizations such as SCO, CSTO, and CIS, as well as in anti-nuclear and "green" initiatives of the President of Kazakhstan - leader of the nation N. Nazarbayev has not only been an enduring contribution to global security but has also identified Kazakhstan as an established state.
Today the Republic faces a qualitatively new task - to reach the standard of living which will allow Kazakhstan to enter top 30 of the most developed countries by 2050. The country model of development will help to achieve such results which have already been justified. Strong social
policy, social stability and ethnic harmony are the Foundation of modern Kazakhstan.
It is no coincidence that as the fundamental principles of the country the Constitution defines "public consent and political stability, economic development for the benefit of all the people, Kazakhstan patriotism, as the solution to the most important issues of the state" [3].
It is significant that the first Constitution
of independent Kazakhstan was developed and adopted in 1993 during the crisis after the collapse of the USSR. However, its adoption helped to build Kazakhstan’s public administration system:
- the institution of the presidency was formed;
- the President is responsible for running the Executive branch.
With the adoption of this main document, Kazakhstan became part of the global community: commitment to international norms and the desire to create a democratic and legal state were proclaimed. The Constitution enshrined ethnic harmony, equal rights, freedom and responsibilities.
Taking into account the conditions of the early 1990s, tasks of development of the country, the need for a profound transformation and reforms, it was necessary to carry out the process of, both economic and political modernization. The Constitution of 1993 became the starting point for the further development of Kazakhstan and the core element of Kazakhstan’s statehood.
According to the results of the Commission on the Development of a New Draft Constitution the powers of the three branches of the government have become more balanced - the system of checks and balances lies in their interaction.
Interestingly, the 1993 the Constitution did not contain the definitions of terms such as "social harmony", "political stability", "economic development for the benefit of the people", "Kazakhstan patriotism", or "voting at the Republican referendum". The state policy was characterized by uncertainty without their strategic use. Later these concepts were introduced into the Constitution of 1995.
The novelty of the Constitution of 1995 was the introduction of the institution of the presidency as the symbol and guarantor of the unity of the state and the people of Kazakhstan; in the text of the main law of 1993 the presidency was exclusively within the Executive power [4].
In the mid-1990s a bicameral Parliament was formed in the country as the main legislative body. The trend for the development of parliamentarism in Kazakhstan increased significantly as part of the improvement
of legislative and control functions of the Parliament due to the amendments and additions of 1998-1999.
A key moment in the history of its development was the constitutional reform of 2007 which was based on the evolution of a multiparty system and parliamentary system. On May 21, 2007 both houses of the Parliament voted in support of the initiative of President N. A. Nazarbayev on amendments to the Constitution stipulatingtransfer of part of the presidential powers to the legislative authority of the country:
- the Parliament received the power to form and control Government, the Central election Commission (CEC), the Statistical Committee and two-thirds of the constitutional court;
- in addition to the President the Government was accountable to the Parliament;
- the decision was made to decentralize and strengthen the role of local government and elections of akims.
A defense for parliamentary development was the adoption of the new law "On Political Parties" in 2002.
Ultimately, all of these changes and additions to the main law of the country allowed for a smooth transition from a presidential to a presidential-parliamentary republic.
On June 15, 2010 the constitutional law of Kazakhstan "On amendments and additions to some constitutional laws of the Republic of Kazakhstan on improvement of legislation in the sphere of ensuring activity of the First President of the Republic of Kazakhstan - the Leader of the Nation" was published in all the media of Kazakhstan [5]. This law became the first of its kind and because it was initiated and signed by the chairmen of the two Parliament chambers and the Prime Minister but not by the head of state.
New changes were also made in February 2011 - they regulated the holding of early presidential elections to the head of the state. This procedure has been developed through the initiative of the Assembly of people of Kazakhstan and on April 26, 2015 early presidential elections took place following which the Kazakhstan citizens handed a new mandate to the President.
The unification of the nation and the unity of the people at this new stage of world development as well as the concentration of all efforts on the main issues of the development of the state is the main task of our time. Presidential elections have, in fact, become historic as the turnout has been unprecedented. This means that the citizens consciously made an informed choice. The policies and reforms undertaken by the Head of State are widely supported in the country [6].
However, in the transformation of global challenges and the need to strengthen the state the head of the state N. Nazarbayev has proposed five institutional reforms [7] - key development
directions for the country to enter the top 30 most developed countries of the world.
In the context of understanding the importance to respect the Constitution and its norms a special attention should be paid to the second and fifth reforms, devoted to providing the rule of law and formation of the transparent and accountable state.
Article 14 Section II the Person and the citizen of the Constitution [3] says "All are equal before the law and the courts. No one may be subjected to any discrimination based on their origin, social, official and property status, sex, race, nationality, language, attitude to religion, convictions, place of residence or any other circumstances".
Table 1 – Brief theses of the second and the fifth institutional reform
|
THE SECOND REFORM |
THE FIFTH REFORM |
|
The rule of law guaranteeing property rights, creating conditions for entrepreneurial activities, protection of contractual obligations that would eventually become the basis for economic growth. |
Transparent and accountable state |
|
Weaknesses of the judicial system - the professionalism of judges, corruption and insularity of the judiciary. |
The principle "first to be a strong state and economy, then - policy"; Ill-conceived and forced democratization does not guarantee the stability of the state and does not provide a successful economic modernization. |
|
Lack of transparency in activities of internal Affairs bodies (the Ministry of internal Affairs, police) |
Transparency of the decision-making process - the reporting practices of the heads of the state bodies; Inclusion of citizens in the decision-making process; Strengthening the role of public councils under the state bodies and akims. |
|
Modernization of the Armed Forces of RK (the army, equipping it with advanced weapons and technology) |
|
|
Development and adoption of the new Law "On access to public information"; Implementation of the civil budgeting; Strengthening the review system, wide implementation of selfregulation in the society. Reduction and transfer of responsibility to civil society institutions (provision of socially important public services). |
According to the results of all five areas of work a new system of electing local executive bodies has been created, as well as a long-felt need for constitutional reform - the redistribution of authority from the President to the Government and the Parliament.
Regarding the rule of law, it was stated on 17 January 2014 [8]: "In order to enter the top 30 of the developed countries we need an atmosphere of fair competition, justice, rule of law and high legal culture."
The 19 steps of in the National Plan are dedicated to the rule of law - "100 steps for the implementation of the five institutional reforms of N. Nazarbayev" [9]. The Head of
state articulates the need for the transition to a three-level justice system, encouraging the practice of trial by jury, the introduction of audio/video recording of trials for the purpose of transparency, and the more stringent requirements for the selection of judges.
Diagram 1 presents the key components of the strategy for the development of young Kazakhstan, the gradual implementation of which will ensure the welfare of its citizens, establishment of the rule of law and transparency and accountability of the state. Improving legal awareness and responsibility of the citizens and the state will certainly increase the level of trust and mutually beneficial partnership with the civil sector. Strict adherence to values and norms prescribed in the Constitution of the country in the long term will allow development and instill the basic values of Kazakhstan and cultural attitudes into the modernization of the country.
Cultural development is necessarily an integral component of social modernization that will have a dominant influence on the formation of modern Kazakhstan. Therefore, in the context of the new industrial innovation economy of Kazakhstan it is necessary to provide the society with all public goods in full under the principles of law and justice.
It is no coincidence that such a task was put forward by the leader of the nation N. Nazarbayev in a programmatic article "Social Modernization of Kazakhstan: 20 Steps Towards a Society of Universal Labor" and later updated and detailed in the Terms of the nation - "100 Steps for the Implementation of the Five Institutional Reforms of N. Nazarbayev".
The transition to a new society of labor, fullscale integration into the world community, and ensuring a high level of welfare cannot be achieved without a rapid development of a spiritual culture built on democratic principles and traditions. Governance of this culture in the new historic conditions should respond flexibly
to the changing realities of the era providing a progressive socio-cultural development of the society and the state.
In this regard the Kazakhstan National Idea «Mangilik Yel» has been fully correlated with the tasks of qualitative and dynamic development of the country in the long term and is inline with the core values of modern Kazakhstan:
- national unity;
- peace and harmony;
- stability and tolerance;
- secular society and high spirituality;
- economic growth and industrialization on the basis of universal labor society;
- rejection of paternalism;
- increasing the responsibility of each citizen.
Kazakhstan already has an unique experience in the field of interethnic and interreli gious harmony, so step-by-step implementation of the previously made decisions with additional specific steps is aimed at the obser vance of the norms, principles and provisions based on the Constitution of the Republic of Kazakhstan. The main task of every Kazakhstani citizen is to implement the constitutional provisions on a daily basis which will contribute in the future to a massive growth in the political, constitutional and legal culture of the citizens.
REFERENCES:
- Hearings on Nominations of William H. Rehnquist and Lewis F. Powell, Jr., Before the Senate Comm. on the Judiciary, 92d Cong., 1st Sess. 87 (1971).
- Ed Daley. Our living, breathing Constitution. March 24, 2005. //http://www. renewamerica.com/columns/daley/050324
- The Constitution Of The Republic Of Kazakhstan. Section 1 General provisions, article 2 // http://www.constitution.kz/
- The Constitution of the Republic of Kazakhstan of 1993. Portal "History of Kazakhstan" // http://e-history.kz/ru/contents/view/1205
- The law on the Leader of Nation is published in the official press of the Republic // http://www.inform.kz/rus/article/2278166
- Gusarova A. The Results of the Elections of the President of the Republic of Kazakhstan Can Enter the Guinness Book of Records, - Experts // http://astanatv. kz/news/show/id/36220.html
- A Modern State for All: Five Institutional Reforms //http://www.akorda. kz/ru/page/page_219337_vystuplenie-prezidenta-respubliki-kazakhstan-predse- datelya-partii-
- Kazakhstan's Way – 2050: Common Goal, Common Interests, Common Future // http://www.akorda.kz/ru/page/page_215750_poslanie-prezidenta-respubliki-kazakhstan-n-nazarbaeva-narodu-kazakhstana-17-yanvarya-2014-g
- Plan of the Nation - 100 steps for the Implementation of Five Institutional Reforms of N. Nazarbayev http://inform.kz/rus/article/2777943