Scientists of the Faculty of Law on the interview of President K.-Zh. K. Tokayev to the newspaper «Egemen Kazakhstan»

3 january, 2024

K. R. Useinova

Head of the Department of Theory and History of State and Law, Constitutional and Administrative Law of Al-Farabi Kazakh National University, Candidate of Law

 

On the cultural and spiritual development of the state, the speech of the President K.-Zh.Tokaeva

 

Today's interview of our president Kassym-Jomart Tokayev with the newspaper «Egemen Qazaqstan» is landmark information that determines the direction of development for this year. During the interview, the president spoke with the correspondent about the problematic issues in the life of society.

We all know that in any society that makes history, there are individuals. Therefore, the president noted that this year we will celebrate the 125th anniversary of the birth of the famous scientist Kanysh Satpayev, and the 100th anniversary of the heroes of our country Sagadat Nurmagambetov and Rakhimzhan Koshkarbayev. He noted that the work on the development of a multi-volume of the history of Kazakhstan will be completed this year if it is the history of the nation, which is one of the factors that unite the country. 

«The implementation of the concept of «listening state»began with the election of the president in 2019. He emphasized that this trend will continue in the coming years. In addition, the next meeting of the National Kurultai will be convened in early spring, and the annual principles of cultural and spiritual development of the country will be determined at this time.

In Kazakhstan, since 2022, major changes have begun in our political and legal life, and this case will deepen in the future, and the transfer of power to different levers of power will continue, without concentrating it in the hands of one official. This, in fact, is a reflection of concrete steps in the formation of a new Kazakhstan.

The president called on the people to join the integrity of the country and take part in it as a majority.  Many people were invited to pay special attention to this, transforming the long-standing qualities of hard work, endurance and patience of our ancestors in a new time.

Noting that important state decisions that concern the life of society are carried out with the support of the general population, he once again confirmed that the issue of building an atomic Electric Power Station in our country will be discussed and resolved by referendum in the future.

This interview of the president shows that, as the head of state, he has been thinking for many years, and problems arise.


 

Ibraeva A.S.

Doctor of Law, Professor of the Department of   Theory and History of State and Law, Constitutional and Administrative Law of Al-Farabi Kazakh National University

 

The Head of State outlined the contours of a positive future for our country

 

Everyone expects only good news and a better life from the new year. In this regard, with great hope for the positive future of our country, one can perceive the interview of the Head of State Kassym-Jomart Tokayev to the newspaper Egemen Qazaqstan, published today. 

I think it is possible to highlight several points here. Thus, the President of the Republic of Kazakhstan spoke frankly about the problems existing in our country. And one of the main tasks of the ongoing constitutional reforms has become the formation of a more just and balanced political system. 

Currently, conditions have been created in our country to ensure the irreversibility of political reforms. Thus, the Constitutional Court has been established, which is considered the most significant institution worldwide for deterring possible abuses of State power. It should be noted that the first Constitutional Court was established back in 1993 and acted quite effectively. 

The Head of State stated that the provisions on a single seven-year term for the President are unchanged. The powers of the Mazhilis were significantly expanded, which began to be formed according to a new electoral model – party lists and single-mandate districts. Thus, political reforms in Kazakhstan are systemic and irreversible. 

I would also like to note that the Head of State emphasizes the increased legal literacy and activity of the citizens of Kazakhstan. 

It should also be noted that the head of state emphasized the need to focus on long-term goals and strategic national ideas. Studying our centuries-old history and restoring historical justice will always be one of our priorities.

And no less important is the use of progressive innovations in our practice, the formation of a cult of work and productive creativity, the priority of the power of knowledge and creative thinking, the primacy of the principle of pragmatism and a realistic attitude to life. 

I think it is necessary to pay special attention to the conclusions of the head of state that as a progressive nation we must look only forward, think about what unites us, and not separates us. National values should be put at the forefront. These are unity, solidarity, hard work, the cult of knowledge, professionalism, mutual support, entrepreneurship, initiative, honesty, modesty, thrift – this is a set of values and qualities of real citizens and patriots. They will make our nation stronger and allow us to achieve success.

 

Baimakhanova D.M.

Doctor of Law, Associate Professor of the Department theory and history of the state and law, constitutional and administrative law of Al-Farabi Kazakh National University

 

The young and progressive corps of civil servants of the new Kazakhstan

In the first days of 2024, the president of the Republic of Kazakhstan K-Zh. K. Tokayev gave an interview with the newspaper Egemen Qazaqstan and touched upon topical topics of the development of New Kazakhstan in the political, economic, International, and social spheres.

In general, supporting the head of state in his position on all the issues raised in the interview, I would like to pay special attention to one aspect that is important to us as teachers of the Faculty of Law of Al-Farabi KazNU. The Department of Theory and History of State and Law, constitutional and administrative law provides training under the educational program «Civil Service and administrative activities» in Bachelor's and Master's degrees, where highly qualified civil servants are trained.

Therefore, the opinion of the president of the Republic of Kazakhstan on the requirements for modern civil servants is very important and relevant to us. The head of state noted that it is important for him that civil servants are not only professionals who perform their duties flawlessly but also take the initiative and prove by personal example the usefulness and irreversibility of changes. They must have the appropriate knowledge and competence, have high human qualities, and be collected, and disciplined.

The main requirement for officials and leaders of all levels is to keep their hands on the pulse of public moods and events, listen and hear people's wishes, respond to them in a timely and effective manner, and make the right decisions. They must adhere to the principle «State for man, not man for state». 

Speaking about young civil servants, the president noted that «comprehensive measures have been taken that have opened the way for young people to the executive and legislative power. The Presidential Youth Personnel Reserve has been created. Young specialists who have passed several stages of selection have the opportunity to take senior positions in the civil service.

As part of the political reforms, quotas were introduced for women, young people, and people with special needs on electoral party lists and in the distribution of Deputy mandates. Many young Patriots were able to become Deputies of the Mazhilis and maslikhats, and The Voice of young people in representative authorities became stronger. Such steps gave impetus to the renewal of power.

Kassym-Jomart Kemeluly noted that «the role of young people who can learn new skills and effectively apply advanced knowledge is growing. He has progressive thinking, is focused on the future, progressive development. Therefore, I can't entirely agree with the fact that there is no depth of view of young people. But for now, there must be a fusion of experience and new ideas in the structures of power». By making the most of the youthful energy and the wisdom of maturity, we reach great heights.

The president's interview with the newspaper Egemen Qazaqstan once again showed the depth of the reforms being carried out in Kazakhstan and the main prospects for the country's future development. The progressive public of Kazakhstan supports the president in his progressive initiatives.

 

Kalisheva N. K.

Doctor of Law, Associate Professor of the Department of Theory and History of State and Law, Constitutional and Administrative Law, Faculty of Law of Al-Farabi Kazakh National University

Political reforms in the New Kazakhstan in action

If we consider the institution of the presidency as "a set of presidential powers in the field of public administration based on constitutional norms governing the functioning of presidential power," then the President's authority includes reporting to the people of his country on the past periods of implementation of reforms leading the state along the path of progress and social consolidation.

It is worth recalling that in the past, constant political and administrative reforms have led to the fact that the presidential government was oversaturated with powers and this is what predetermined the need to update the government and reboot the political system of Kazakhstan. Thus, excessive presidential powers were reduced, the Constitutional Court was created and has been successfully operating for a year, which is designed to ensure political balance within the system. By the way, the decisions of the Constitutional Court are final, even the President cannot revise his decisions, including those concerning the constitutional rights of citizens. Any amendments and additions to the Constitution may be submitted to a republican referendum or for consideration by Parliament only if there is an appropriate opinion of the Constitutional Court, six of the eleven judges of the Constitutional Court, that is, the majority, are appointed by the chambers of Parliament, and the Chairman, although appointed by the President, but only with the consent of the Senate.

In the Basic Law of the country, the principled positions are unequivocally approved. For example, article 91 of the Basic Law states that the independence of the State, the unitarity and territorial integrity of the Republic established by the Constitution, the form of its government, the fundamental principles of the Republic's activities and, I emphasize, the provision on a single seven-year term for the President.The mechanism of dialogue and protection of human rights has received a new development. The system of formation of the parliament and maslikhats was changed, so, as a result of the reforms, the powers of the Mazhilis were significantly expanded, which began to be formed according to a new electoral model – party lists and single-mandate districts.

Thus, the system of government began to move along the path of gradual decentralization. It is gratifying that immediately at the beginning of the new year 2024, the President of Kazakhstan K. Tokayev summed up the results of the past year, outlined the realities and prospects.

Thus, in an interview with the Kazakhstanskaya Pravda newspaper, the Head of the Republic of Kazakhstan K.-Zh. Tokayev focused on the key points of modernization of the political system: the introduction of a Social Code aimed at comprehensive support for vulnerable categories of citizens, the approval of special payments to persons employed in harmful working conditions, the establishment of additional payments to employees of environmental services for risks to life and health, on increasing the salaries of medical workers, teachers of schools, colleges, kindergartens, and the adoption of a law regulating deductions to children from the National Fund. The adoption of a new methodology for determining the minimum wage, taking into account key economic indicators, including the inflation rate, is important for reforming the country's social sphere.

On the basis of a broad public dialogue (the creation of a National Kurultai), the Head of State began the process of political reforms. The meetings of the National Kurultai, which, according to the President of the Republic of Kazakhstan, traditionally took place in the summer, but this year the meeting will be held in the spring, became a useful platform for discussing issues of the ideological sphere, the formation of a new quality of the nation, and the renewal of the value system of society. 

Thus, during the first quarter, the main agenda of the country in the economy, socio-political and humanitarian spheres will be formed. A constructive and balanced foreign policy will continue, taking into account the national interests of the State. In 2024, our country will host a number of representative summits and forums.

Regarding how the citizens of the country can express their critical attitude towards the actions of the authorities, the Head of State in response outlined the principled position that the law should prevail in the country: peaceful protests are acceptable, but mass riots are unacceptable and will be severely suppressed. The country has democratic laws on peaceful assemblies and on the procedure for filing and considering petitions. By the concept of a «hearing state», the President will require government agencies to take into account public opinion. The main requirement for officials and managers at all levels is to follow the principle «not a person for the state, but the state for the person».

There are many challenges, both objective and subjective, that the Head of State is trying to confront. Thus, the issue of dual power in the country was put to an end. By the Constitution, the President determines the main directions of the country's domestic and foreign policy, appoints and dismisses senior officials of the state, and the high command of the Armed Forces. The Head of State is the Supreme Commander-in-Chief. 

I think, and I will express in many ways the unanimity of the team of my colleagues, the Faculty of Law of the Al-Farabi Kazakh National University, that the authority of President K. Tokayev is at a high level. He was able to reboot the political system and ensure public consensus, without rejecting the positive things that were built during the 30th anniversary of Independent Kazakhstan, and was able to give a new impetus to the political system, begin its modernization, removing from this system certain negative accumulations that had developed at the time of his coming to power.

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