The Constitution is the basis for the progressive development of the New Kazakhstan

On August 30, the Republic of Kazakhstan will celebrate an important date – the 30th anniversary of the Constitution adopted in 1995 in a nationwide referendum. The Basic Law has become the legal support and conceptual basis for the progressive development of Kazakhstan's statehood.

Emphasizing the importance of the Constitution as a fundamental source of public authority, social harmony and legal stability, President of the Republic of Kazakhstan Kassym-Jomart Tokayev noted that the Constitution, having incorporated the best world experience and practice, as well as historical and national traditions, has become a solid foundation for the unity of the people and the independence of our state.

Indeed, the Constitution of the Republic of Kazakhstan, being a fundamental normative act, not only fixes the basic parameters of the state system, but also sets a long-term development framework in which the legal form organically combines with the social content. It was through the Constitution that the fundamental values were codified, which today serve as the basis for the development of legal awareness and strengthening trust in the institutions of the state: man, his life, health, rights and freedoms, the rule of law, freedom and equality before him. All the successive stages of the development of the Kazakh Constitution illustrate not only adaptation to changing realities, but also reflect the deepening of democratic processes, the expansion of mechanisms for citizens' participation in the management of state affairs, and the strengthening of institutions of legal control. These changes took place not declaratively, but progressively, taking into account historical features, internal challenges and international standards. The Kazakh model of constitutionalism differs in that it combines legal continuity and the desire for renewal, the stability of institutions and sensitivity to public demand.

Turning today to the history of the formation of Kazakh constitutionalism, it is impossible not to note the important role of the Constitution of 1993, the first constitution of the newly created state, which expressed the will of the people for independent development and created the legal basis for the assertion of sovereignty, becoming a response to the qualitatively new political and legal realities in which the republic found itself after the collapse of the USSR. The adoption of its own constitutional act meant not only the abandonment of the previous model of government enshrined in the Constitutions of the USSR in 1977 and the Kazakh SSR in 1978, but also the desire to build principles of statehood oriented towards democracy, market economy and the protection of human rights.

The adoption of the 1995 Constitution was a response to key conceptual and practical challenges faced by the State. One of the tasks was to overcome the contradiction between the formula of the statehood of the Kazakh nation and the establishment of the people of Kazakhstan as the sole source of power. The Constitution of 1995 found a balanced approach: emphasizing the historical connection of the Kazakh people with the territory of the state, it consolidated the civil rather than ethnic nature of sovereignty. The legal ambiguity regarding dual citizenship was eliminated: it was now recognized as unacceptable, which strengthened sovereignty and national security.

In the Constitution of 1995, the institution of the President acquired a clearly defined structure. Unlike the previous version, where the President combined the status of head of state and head of executive power, the new Constitution defined him as the highest official who does not belong to any of the branches of government, emphasizing his role as a guarantor of stability and continuity of state power. This model provided a balance in the system of checks and balances, allowing the President to act as a coordinator of interaction between various institutions of state power, preserving social stability and interethnic harmony.

The central place in the constitutional model was occupied by the rights and freedoms of man and citizen. Section II of the Constitution, which includes thirty articles, enshrines a wide range of rights, in its structure largely consistent with the content of the Universal Declaration of Human Rights, reflecting Kazakhstan's desire to ensure compliance of the domestic legal order with international standards. Human rights are considered not as derivatives of the state will, but as inherently inherent in each individual, which is expressed in their inalienable and priority.

Thus, the provisions of the Constitution of the Republic of Kazakhstan in 1995 provided a balance between national specifics and universal principles of modern constitutionalism, guaranteeing continuity, stability and progressive political and legal evolution of the country. At the same time, as the social structure of society, the economy and the international situation changed, the regulatory model established by the Basic Law began to require updating, taking into account new realities. A definite catalyst for the start of large-scale modernization was the events of early 2022, which revealed the need for profound transformations of the political system and an increase in the level of responsibility and participation of citizens in government. The response to this challenge was the strategic Message of the President of the Republic of Kazakhstan, Kassym-Jomart Tokayev, dated March 16, 2022, "New Kazakhstan: the Path of renewal and modernization," which presented a comprehensive reform program covering key areas of public life. The main directions of the political-right renewal were further developed in the draft Law "On Amendments and Additions to the Constitution of the Republic of Kazakhstan", submitted at the initiative of the President to a national referendum on June 5, 2022. This step was a significant manifestation of a new political culture based on direct popular participation in decision-making at the highest level. Describing the importance of what is happening, the Head of State used the term "plebiscite" as an indication of the exceptional importance of the proposed changes. In the context of constitutional law, the plebiscite reflects a special form of popular expression of will on issues that determine the fate of the state.

The amendments, which covered more than 30 articles of the Constitution, touched upon fundamental constitutional values, including issues of the distribution of power, the legal status of citizens and civil society institutions. The Head of State proposed to establish a Constitutional Court, as well as to give the Prosecutor General and the Commissioner for Human Rights the right to apply to it in order to further strengthen the institutional system of checks and balances and the protection of the constitutional rights of citizens". In the system of quasi-judicial constitutional control previously enshrined in the Constitution, carried out by the Constitutional Council, citizens of Kazakhstan did not have the right to directly appeal to it with complaints about the review of the constitutionality of laws and other normative legal acts affecting their constitutional rights. This state of affairs does not comply with the principles of a legal, "hearing" State. In this aspect, the reform of the institution of constitutional control and the granting of citizens the right to apply to the Constitutional Court for protection of their constitutional rights has become one of the most striking indicators of the democratic reforms being carried out in the country.

This does not detract from the great role of the previously functioning Constitutional Council, which ensured the constitutional legitimacy of the adopted normative legal acts and decisions of state bodies. The importance of this body has been repeatedly confirmed in practice. Thus, the current President of Kazakhstan, K.-J. Tokayev, while still holding the post of Chairman of the Senate, twice appealed to the Constitutional Council. In particular, in February 2015, he initiated an official interpretation of the provisions of the Constitution in connection with the issue of calling early presidential elections in the Republic of Kazakhstan. This appeal became an important example of the proper use of constitutional control mechanisms in a politically sensitive situation. And later, while already serving as President, Kassym-Jomart Tokayev also repeatedly used the tool of appealing to the Constitutional Council.

One of the most significant examples of interaction between the Head of State and the constitutional control body at the stage of large-scale reforms was the appeal of the President of the Republic of Kazakhstan Kassym-Jomart Tokayev to the Constitutional Council in 2022 in connection with the draft Law "On Amendments and Additions to the Constitution of the Republic of Kazakhstan". The Constitutional Council, acting within the framework of paragraph 2 of Article 91 of the Constitution, checked the draft law for compliance with the Basic Law and, in its conclusion dated May 4, 2022, recognized it as a logical continuation of the transformation course outlined in the Message "New Kazakhstan". The Council noted that the project is aimed at forming a balanced presidential republic with a strengthened role of Parliament and maslikhats, expanding democratic participation of citizens and creating the Constitutional Court as a body for the protection of constitutional rights with direct access to citizens.

The reform of the constitutional control body is aimed at improving the mechanisms for ensuring and protecting the rights and freedoms of citizens, contributing to the strengthening of a democratic, legal and "listening" state. The President of the Venice Commission, J. Buquicchio stressed that the Constitution of Kazakhstan complies with international standards and protects the rights of citizens, but in order to remain relevant, it must constantly evolve, reflecting the needs of modern society and the state. The fact that foreign experts, including representatives of the most reputable international legal institutions, often emphasize both the high quality of the 1995 Constitution itself and the potential for ongoing reforms suggests that Kazakhstan's chosen path of constitutional development is based on a solid theoretical and legal framework, based on internationally recognized standards, and at the same time takes into account the national specifics of statehood.. The concept of ongoing constitutional reforms does not proceed from scrapping, but from reasonable continuity and striving for improvement.

The Constitution of 1995 can be recognized as an outstanding legal act of its time. It not only consolidated the basic principles of statehood, but also set the vector of sustainable political and legal development for decades to come. Its provisions still remain relevant, demonstrating high adaptability to new realities and challenges. That is why any changes made to the text of the Basic Law are considered not as a departure from its spirit, but as a way to make it an even more effective tool for serving people, society and the state.

Kairat MAMI, Doctor of Law,

Professor Chairman of the Board of Directors of Al-Farabi Kazakh National University