COMPREHENSIVE TRANSFORMATION OF THE STATE MODEL

Our country is on the verge of great achievements. A national referendum on making amendments and additions to the Basic Law of the country will be held on June 5. The initiative on introduction of amendments to the Basic Law of Kazakhstan proposed by the Head of State Kassym-Jomart Tokayev carries in itself new scale transformations directed on improvement of the political-legal sphere and all aspects of the life of Kazakhstanis.

The constitutional amendments will contribute to modernizing the sociopolitical life of the country, which will affect the development of the economy and the quality of life of the citizens of Kazakhstan. From this point of view, there can be no doubt about the expediency and timeliness of the referendum.

In initiating the large-scale political modernization of the country, Kazakhsta's President Kassym-Jomart Tokayev said: "The issue of the referendum has been thoroughly discussed in society and in the media. Experts and civic activists expressed their opinions. All the proposals received broad support. The initiatives outlined in the Address are aimed at a radical transformation of our political system. They are based on the long-standing demand of citizens for greater participation in government and profound democratization of political processes. Their effective implementation required amendments and additions to the Constitution.

This reform carries with it a historic significance, which aims at a comprehensive transformation of the entire state model. Amendments to 33 articles of the Basic Law constitute one-third of the entire Constitution. Every citizen of Kazakhstan can carefully read and understand the essence of the constitutional reforms aimed at the comprehensive transformation of the entire state model. It is important for each of us to realize that the reforms mark the beginning of a new stage in Kazakhsta's development.

The tragic events of 4-5 January this year openly and clearly showed that Kazakhstan needs cardinal reforms in all aspects of the life of our society, economic and political, social and spiritual. And these reforms must be adopted at a fundamentally new constitutional level. In the words of President Kassym-Jomart Tokayev, Kazakhstan is currently at the stage of development of the Second Republic. This term means that our country is undergoing a complex and comprehensive process of social transformation. "The Second Republic is a renewal of the state model".

Speaking of the need for a republican referendum on amendments and additions to the RK Constitution, the President in his speech repeatedly used the term "plebiscite", which is one of the most visible and obvious forms of direct democracy. In the President's opinion, "in Kazakhstan, this effective institution of democracy has not been used to its full extent. And at the new stage of development, building the New Kazakhstan, we must popularly make such momentous decisions for our country. Thus, using the term "plebiscite", the Head of State underscored the specificity, importance, and comprehensive nature of amendments to be introduced into the Basic Law of the country.

In general, the draft is aimed at radically changing the political and economic system of our country, restoring social justice, supporting and developing civil society, restricting state power, and protecting the rights and freedoms of man and citizen.

A few of the main ideas are worth mentioning. For instance, the following amendment is made to article 6: "The earth and its mineral resources, waters, flora and fauna, and other natural resources belong to the people. The state exercises the right of ownership on behalf of the people. According to the Head of State, "Final fixation of the norm that people are the owners of land and natural resources in the Constitution will be of great political importance, it will exclude any discrepancies in the future. The state will be accountable to the people for the quality of the use of the land, its subsoil, waters, flora and fauna, and other natural resources.

We will pay special attention to strengthening the constitutional-legal mechanism for protecting the rights and freedoms of the citizens of the Republic of Kazakhstan. A constitutional court will be established in Kazakhstan. Such a court operates in most countries of the world and all persons may apply to it with regard to the laws and other regulations in force and also in the event of the violation of their rights. The right to appeal to the Constitutional Court is vested in the Procurator-General and the Human Rights Ombudsman. According to experts, the establishment of the Constitutional Court will strengthen the system of checks and balances and the protection of the constitutional rights of citizens. Granting citizens the right of direct and independent recourse to the Constitutional Court is a more effective instrument for protecting their rights and freedoms.

Also new is the provision concerning the outright ban on the death penalty. Our legal system is based on the recognition of the priority of natural human rights. Human rights and freedoms belong to everyone from birth and are recognized as absolute and inalienable. The new version of Article 15 reads as follows: "No one shall be deprived of his life arbitrarily. The death penalty is prohibited.

A significant innovation is an introduction at the constitutional level of an ombudsman. It operates in virtually all democratic countries. It should be noted that in many European countries the ombudsman is appointed by parliament, and there are also different types of ombudsmen. Of particular importance is the institution of the childre's ombudsman. The introduction into the basic law of a provision concerning the ombudsman and the adoption of the Constitutional Law on the Commissioner for Human Rights have positive consequences.

Note that the Human Rights Ombudsman in Kazakhstan will be mentioned separately in the Constitution in Article 83-1. The Ombudsman restores violated human and civil rights and freedoms and promotes them. In his work, he is independent and not accountable to state bodies and officials.

Note also the new provisions on expanding the powers of Parliament. The Majilis have the right to reject any draft law by a majority vote of the total number of deputies. A rejected draft law shall be deemed unaccepted and returned to its drafter. The Senate of the Parliament shall no longer adopt laws. They shall be adopted by the Majilis, but approved by the Senate - by a majority vote of the total number of deputies of the chambers.

It should also be noted that the changes affected a number of powers of the president. In so doing, the parliament will have more powers. These amendments will fix the transition from a super-presidential to a presidential republic with a strong parliament and an independent government.

Thus, the amendments to the Basic Law are aimed at further improvement of the state mechanism and the mechanism for protecting human rights and freedoms. And so it is the duty of every citizen of Kazakhstan to express their attitude to the constitutional reforms in a referendum to be held on 5 June this year.

Awareness-raising work with the population on the forthcoming national referendum is being actively carried out in the country. On the instructions of the Head of State, a working group has been set up comprising experienced experts, representatives of the competent authorities, and legal scholars from the Al-Farabi Kazakh National University.

A number of events were held at Al-Farabi Kazakh National University ahead of the referendum. State Secretary Yerlan Karin, and Minister of Education and Science Askhat Aimagambetov took part in the Congress of Political Scientists to discuss the effectiveness of reforms. Also, meetings were held with members of the Senate and the Majilis, political scientists, and public figures of the country.

In my opinion, the upcoming referendum is a historic process that will determine the future of our state. The proposed amendments to the Constitution have special importance for the country. The scientific society should not stay aside. The future of our country depends on each of us. We must make our choice, and show our civic position.