The basis of the sustainable development system
On the eve of the celebration of the 30th anniversary of our Constitution, we will conduct a small historical review. On August 30, 1995, the current Constitution of the Republic of Kazakhstan was adopted. This act completed the legal formalization of the independent development of the country. At the moment, August 30 is a public holiday.
It should be noted that the country officially declared its independence on December 16, 1991. Half an hour later, the Supreme Council received a congratulatory telegram from Turkish President Turgut Ozal. Two months later, on March 2, 1992, the Republic of Kazakhstan was recognized as a member of the United Nations (UN) as a sovereign state. Thus, Kazakhstan has become a full member of this authoritative international organization.
In addition, the Declaration "on state sovereignty of the Kazakh SSR", adopted by the Supreme Council of the Kazakh SSR on October 25, 1990, is the first legal document that laid the foundation for the independence of Kazakhstan. It should be noted that the day of adoption of the declaration on December 16, 1991 was declared the only national holiday.
Academician of the National Academy of Sciences of the Republic of Kazakhstan, doctor of law, professor Sultan Sartayev also took an active part in the preparation of the declaration and the constitutional law "on independence of the Republic of Kazakhstan". In his public speech, Sultan Sartayevich noted that Kazakhstan should not be a raw material appendage of the center. He stressed that Kazakhstan should have real economic and political independence.
With the adoption of the constitutional law" on independence of the Republic of Kazakhstan", our country acquired all the features inherent in an independent state. This is a single civil, territorial isolation, an independent system of state bodies, an independent economic system, the presence of its own Armed Forces. At the same time, any interference from the party in resolving issues constituting the inalienable right of the Republic began to be regarded as an encroachment on its state independence.
In constitutional law, the principles of the priority of human rights and freedoms, the power of the people, the division of state power into three branches have developed. The law actually played the role of a temporary constitution and became the legal basis for democratic transformations. Therefore, December 16 was declared a public holiday.
The first Constitution of independent Kazakhstan was adopted by the Supreme Council on January 28, 1993. It was based on the model of a parliamentary republic. On the one hand, the Constitution created the legal foundations for the formation of a market economy and a Democratic state. On the other hand, the question of the powers of the legislative and executive branches of government was not resolved, the issues of the state language, private ownership of land and citizenship were not resolved. These circumstances led to the adoption of the new Constitution of the Republic of Kazakhstan. It should be noted that the Constitution was adopted on August 30, 1995 at a national referendum.
Let's pay attention to the fact that there are norms in the Constitution that are not subject to changes. The only source of this power is the people, the regulation on the peaceful nature of our state, the regulation on interethnic harmony and interfaith relations, the norms regarding the priority of human rights. The provisions established by the Constitution on the independence of the state, the unity and territorial integrity of the Republic, the form of its government, the fundamental principles of the activities of the Republic, the election of the president of the Republic for a term of seven years and the fact that one person may not be elected by the president of the Republic more than once, do not change (paragraph 2 of Article 91).
The Constitution is the main basis for building a system of Sustainable Development of Kazakhstan and protecting the rights of human and citizen.
Ualihan AKHATOV
candidate of law, professor, dean of the Faculty of law