Republic of Kazakhstan: form of government and territorial structure. Characteristics of the republican form of government in the republic of kazakhstan

26.09.2019

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480 RUB | UAH 150 | $ 7.5 ", MOUSEOFF, FGCOLOR," #FFFFCC ", BGCOLOR," # 393939 ");" onMouseOut = "return nd ();"> Dissertation - 480 rubles, delivery 10 minutes, around the clock, seven days a week

Mukhamedzhanov Baurzhan Alimovich. Form of government of the Republic of Kazakhstan: constitutional model and public administration practice: dissertation ... Doctor of Law: 12.00.02 / Mukhamedzhanov Baurzhan Alimovich; [Place of protection: Ros. acad. state services under the President of the Russian Federation] .- Moscow, 2007.- 460 p .: ill. RSL OD, 71 09-12 / 9

Introduction

Chapter I. Form of government: concept, types 18

1. Development of ideas about the form of rule in the history of political and legal thought 18

2. World experience in the transformation of the form of government. Common past and peculiarities of the present development of the countries of the Commonwealth of Independent States 36

3. The form of government and state regime in the Republic of Kazakhstan as constituent elements of the form of the modern Kazakhstan state 48

Chapter II. Constitutional doctrine of the Republic of Kazakhstan on the form of government: evolution and current state 61

1. Kazakhstan statehood in the Eurasian context: concept, meaning and features 61

2. Foreign policy aspects of the formation of Kazakhstan's statehood 104

3 The main stages of development of the form of government in the Republic of Kazakhstan 128

4. Securing the form of government in the Constitution of the Republic of Kazakhstan 170

Chapter III. The system of public authorities of the Republic of Kazakhstan: principles of construction and functioning 182

1. Principles of construction and functioning of the system of public authorities in the Republic of Kazakhstan 182

2. The institution of the presidency and the mechanism of separation of powers: correlation in the unity of state power 189

3. Representative power in the system of public authorities of the Republic of Kazakhstan 210

4. Executive power in the Republic of Kazakhstan 218

5. Organization of the judiciary and constitutional control in the Republic of Kazakhstan 23 7

Chapter IV. Republic of Kazakhstan: from a presidential republic to a presidential-narlamsitskon 254

1. The constitutional and legal status of the President of the Republic of Kazakhstan as the head of state 254

2. Justification and classification of functions of the President of the Republic of Kazakhstan 276

3. The role of the President of the Republic of Kazakhstan in the legislative process. The legal nature and types of acts of the President of the Republic of Kazakhstan 296

4. Administration of the President of the Republic of Kazakhstan as an organizational and legal element of the functioning of presidential power in Kazakhstan 329

Chapter V. Prospects for the development of the system of state power and the form of government in the Republic of Kazakhstan 353

1. Interaction of authorities in the exercise of state power in the Republic of Kazakhstan 353

2. Evolution of constitutional and legal regulation of the organization and functioning of state power in the Republic of Kazakhstan 391

3. The main directions of improving the system of state power in the Republic of Kazakhstan 403

Conclusion 424

List of used regulatory legal acts and scientific literature 434

Introduction to work

Relevance of the research topic. The acquisition of state sovereignty and the formation of an independent Kazakhstan on the political map of the world necessitated the development of a domestic model of organization of state and power. President of Kazakhstan N.A. Nazarbayev defined the perspective of the process of formation of modern Kazakh statehood, noting that now the people of Kazakhstan have "serious prospects on the basis of the already existing achievements of the formation of a new type of statehood in terms of ... the XXI century."

The modern system of statehood in Kazakhstan requires the development of an appropriate model for the construction and functioning of the state, determination of the form of government, state structure, and mechanisms for organizing power based on a system of "checks and balances" that contribute to ensuring stability and effective interaction of government bodies that meet the requirements of the time.

Of all the existing elements of the form of the state, the most significant is the form of government of the state, which has a significant impact on the development process of the new statehood of the Republic of Kazakhstan, which is still in the stage of formation, development and approval in state-political practice of legal and managerial regulators new for the Republic.

At the same time, after fifteen years have passed, it is possible to summarize and analyze the prospects for the development of the form of government in the context of the constitutional and administrative reforms being carried out in the Republic.

1 Nazarbayev N.A. In the flow of history. - Almaty, 1999.S. 76.

in which the President is the head of state and executive
authorities, its highest official, determining the main
directions of domestic and foreign policy, but, in fact,
a nationwide leader. However, the development of democratic foundations
the constitutional system of Kazakhstan necessitated
further improving relationships in the system
organizations of the highest bodies of state power,

redistribution of functions and powers in the system of executive power, strengthening of parliamentary control over the executive power, which led to the transformation of the form of government of the Republic of Kazakhstan into a presidential-parliamentary republic.

Justification of the genesis of the form of government should be based on scientific approaches that would take into account the socio-cultural, political, economic, territorial, legal, historical and other features of the development and current state of Kazakhstan. Unfortunately, there are very few theoretical developments on these problems, and the existing approaches to the organizational design of ruling subjects are not always applicable in practice.

The system of power institutions formed in a particular state, the mechanism of their interaction has its own characteristics, which are explained by various factors and circumstances that are both objective, historically conditioned and influenced by subjective factors. The main subjective factor is the presence in the system of state power of figures capable of taking responsibility for the state of the state.

The problems of the formation and development of the presidential form of government are in the organization, functioning and interaction of the legislative, executive, judicial power with the institution

President of the Republic of Kazakhstan. The structural and functional aspects of the implementation of the powers of the head of state, the search for new mechanisms and technologies for their implementation deserve detailed scientific research.

Scientific research of the republican form of government of the Republic of Kazakhstan at the present stage of its development is due to the fact that this problem is complex both in practical and theoretical terms. The current state of scientific elaboration of the concept of "republican form of government" does not allow to fully use it as a basic structure for fundamental theoretical research. All this complicates the search for objective patterns of development of the republican form of government in the conditions of the formation of a new socio-political structure of the Republic of Kazakhstan, study of the correspondence of the Kazakh model of the presidential system of government to the totality of historical, social, political and other prerequisites for its formation to the level of political and legal culture, traditional views and psychology of the population as well as a variety of other social factors.

The above circumstances explain the need

constitutional and legal analysis of both the theoretical foundations of the form of government in the Republic of Kazakhstan, and those of its features that determine the structure and system of state power in this new independent state. The value of such a study is not limited to the state practice of Kazakhstan, but is also useful for analyzing constitutional and legal processes in the Russian Federation and other states of the Commonwealth of Independent States.

In this regard, there is an urgent need for the creative development of previously accumulated experience in the field of understanding problems.

improvement of the republican form of government, given that an incomplete or incorrect, inaccurate understanding of the content and essence of the institutions of state power can lead to serious methodological errors of various nature. In turn, the enrichment and expansion of the available general theoretical knowledge about the forms of republican government will contribute to solving practical problems of improving the presidential system of government as an integral part of the republican form of government, the formation of democratic statehood in Kazakhstan.

Scientific degree elaboration of the topic dissertation research. Despite the abundance of scientific research on the theoretical and legal aspects of the problems of the form of government, it should be admitted that these studies, as a rule, do not analyze the real state and legal processes in the countries of the Commonwealth of Independent States. There is an extensive scientific literature on the forms of government and political regimes of foreign states, the history of the development of ideas about the form of government. As for the analysis of the processes of state and legal reforms in modern conditions, this aspect remains one of the least highlighted in connection with the obvious political orientation. Therefore, of particular interest are studies in which not ideal models of forms of government are considered, but real state-legal mechanisms. The issues of state and legal transformations in the Republic of Kazakhstan, as well as in many other countries of the Commonwealth of Independent States, require careful detailed disclosure, identification of the general and special, taking into account the experience of transformations.

The theoretical basis of the study was the work of famous philosophers, thinkers, lawyers, such as Aristotle, Plato, G. Hegel, G. Jellinek, T. Hobbes, J. Locke, N. Machiavelli, C. Montesquieu, J. Rousseau and others.

The work uses the works of Russian state scholars, in particular, I.K. Blunchley, A.A. Zhilin, N.M. Korkunov, N.I. Palienko, G.F. Shershenevich and others.

The dissertation was based in the research on the scientific analysis of the form
governance in world, Soviet and Russian legal science. At
the preparation of the dissertation research used the works
Kazakh, Russian scientists in the field of theory of state and law,
constitutional law, specialists from other countries of the Commonwealth
Independent States: B.Zh. Abdraimova, S.A. Avakyan,

A.S. Avtonomova, N.I. Akueva, G.V. Atamanchuk, A.Sh. Arutyunyan, M.V. Baglaya, G.V. Barabashev, I.N.Bartsntsa, A.A. Belkina, A.Kh. Bizhanov, N.A. Bogdanova, N.S. Bondar, A.V. Vasiliev, V.G. Vishnyakov, B.N. Gabrichidze, G.V. Degteva, S.Z. Zimanova, D.L. Zlatopolsky, B.P. Eliseeva, E. I. Kozlova, E. I. Kolyushina, A. K. Kotova, Yu. K. Krasnov, B. S. Krylova, O. E. Kutafina, B. M. Lazareva, V. Lazarev, V.O. Luchin, B.A. Mailybaeva, V.L. Malinovsky, G.V. Maltseva, B.G. Manova, M.N. Marchenko, A.A. Matyukhina, A.A. Mishina, A.A. Muravieva, A.F. Nozdracheva, L.A. Okunkov, V.A. Rzhevsky, A.N. Sagindykova, A.Kh. Saidova, G.S. Sapargalieva, S. S. Sartaeva, N. A. Sakharova, L. R. Simonishvili, Yu. A. Tikhomirova, B. N. Topornin, V. A. Tumanova, I. A. Umnova, V. E. Chirknna, YULShulzhenko, B.S. Ebzeeva, LMZntinaidr.

Legal basis of the dissertation drew up normative legal acts: constitutions of the Republic of Kazakhstan, the Russian Federation and other member states of the Commonwealth of Independent States, other foreign countries, laws of the Republic of Kazakhstan, normative legal acts of the President of the Republic of Kazakhstan, the Mazhilis (parliament), the Government of the Republic of Kazakhstan, decisions of constitutional justice bodies.

The issues of the activities of public authorities of the Republic of Kazakhstan are investigated on the basis of an analysis of the achievements of constitutional and legal science in the context of the current state of the system of state power. At the same time, the interdependence and interdependence of the level of development of scientific ideas about the system of state power and the real position in power structures are especially important. The dissertation uses materials from the discussion of a number of bills and practical issues in the Mazhilis (parliament), the Government of the Republic of Kazakhstan, the State Commission for the development and concretization of the program of democratic reforms in the Republic of Kazakhstan.

Goals and objectives of the study. The purpose of the dissertation research is to form, based on the analysis of international experience in the development of forms of government, the concept of developing a form of government in the Republic of Kazakhstan; disclosure of the essence of the model for the implementation of the principle of separation of state power in the transition from presidential to presidential-parliamentary form of government in the Republic of Kazakhstan.

The study identified and logically substantiated the relationship between the provisions and possibilities of the concept of the presidential form of government with the theory of a democratic state and, most importantly, their compliance with the needs of modern state and legal practice of the Republic of Kazakhstan.

Achievement of the set goals is carried out during solutions the following tasks:

To study the theoretical and legal foundations of the state regime and forms of government in the Republic of Kazakhstan as constituent elements of the form of the modern Kazakhstan state;

To reveal the world experience of transformation of the form of government, the common past and the peculiarities of the present development in the countries of the Commonwealth of Independent States;

Analyze the foreign policy aspects of the formation of Kazakhstani statehood, its significance in the Eurasian context;

Investigate the system of public authorities of the Republic
Kazakhstan, principles of construction and functioning of this system,
features of the model of interaction between the authorities in the Republic of Kazakhstan;

Justify the role of the institution of presidency in the mechanism of separation of powers, its correlation with other institutions of state power;

Develop mechanisms of constitutional and legal
regulation of separation and interaction of powers as a basis
stability of state power in the Republic of Kazakhstan;

Analyze the first results of the implementation in the Republic of Kazakhstan of the constitutional reform carried out in 2007;

Formulate suggestions for improvement
legislative consolidation of a new model of building a system
government bodies in the Republic of Kazakhstan.

The study is aimed at determining the prospects for the development and improvement of the system of state power and the form of government in the Republic of Kazakhstan. The experience of the constitutional and legal development of the Republic of Kazakhstan, the study of the processes taking place in the republic due to both global trends and its own political phenomena, the approval of the optimal model of public administration is of interest for understanding similar processes in other states of the Commonwealth of Independent States, for improving the form of government in the states, formed in the post-Soviet space.

Methodological basis of the research is, first of all, an institutional approach to the analysis of various aspects of the formation and functioning of the system of state power in the Republic of Kazakhstan. Analysis of the history of the formation and the current state of the form of government of the Republic of Kazakhstan involves the use of various methods in assessing it and finding ways to resolve existing contradictions:

the integral method determined the optimal state of the public administration system of the Republic of Kazakhstan as a modern state designed to ensure the dynamic development of the economy and society;

the situational method was used to resolve specific issues and contradictions in the course of choosing a form of government in the Republic of Kazakhstan and improving the model for building a system of public authorities, the optimal delineation of powers between them;

The normative method was used in the analysis of legislative acts, in the study of changes in the constitutional and legal regulation of power relations;

The structural-functional method was applied to develop
proposals for improving the system of state bodies
authorities in the Republic of Kazakhstan.

specific historical method - when analyzing the history of the formation of Kazakhstani statehood; theoretical and predictive method - in the preparation of recommendations on specific issues of legal practice and legislative work.

The combination of the above methods predetermined the appeal not only to urgent problems of constitutional law of the Republic of Kazakhstan, the Russian Federation, other countries of the Commonwealth of Independent States, but also to the theory of law and state, international, administrative, municipal and other branches of law, made it possible, firstly, to evaluate the current state of the system of public authorities of the Republic of Kazakhstan; secondly, to correlate it with the plans and prospects for the development of Kazakhstani statehood; and thirdly, to develop legal procedures and legal mechanisms for their implementation.

Object of dissertation research constitute the constitutional and legal relations that develop in the formation of a system of public authorities in the Republic of Kazakhstan, in the mechanism of their functioning, interaction and control.

Research subject form the constitutional and legal norms and practices that are formed in the process of exercising state power in the Republic of Kazakhstan, including the formation of a presidential form of government and its transformation during the constitutional reform into a presidential-parliamentary one; model of interaction between authorities in the exercise of state power in the Republic of Kazakhstan; evolution of constitutional and legal regulation of the organization and functioning of state power in the Republic of Kazakhstan and the main directions of its improvement.

The scientific novelty of the dissertation research is determined by the fact that it presents an analysis of constitutional and legal transformations in the Republic of Kazakhstan in the post-Soviet period of history, investigates the process of transition from a presidential to a parliamentary-presidential republic. The dissertation is one of the first comprehensive theoretical studies devoted to the analysis of the constitutional foundations of building a system of public authorities in the modern period in the Republic of Kazakhstan. The work systematically considers the general theoretical problems of the state and legal development of Kazakhstan with the presentation of conclusions that are of practical importance for the development of the Kazakhstani model of the form of government.

The following main provisions and conclusions are submitted to the defense:

The construction and functioning of a modern model of the form of government in the Republic of Kazakhstan should take into account certain factors: a) traditions of the state development of Kazakhstan in pre-Soviet times; b) the experience of state building of the Kazakh SSR; c) leading trends in improving the system of public administration in economically and politically developed countries of the world. The current state of statehood in the Republic of Kazakhstan is characterized by the formation of a new form of state structure, reflecting the level of development of civil society and democratic institutions, improvement of the form of government as the most important element of the state. Kazakh statehood is formed within the framework of the concept of unitarianism, with the obviousness of such an aspect of it as multinationality. This combination is due to historical factors and the impact on the formation of not only civil society, but also on the formation of a form of government, the development of structures

state power. The dissertation clarifies the correlation of such state-legal phenomena as “people of Kazakhstan”, “Kazakh nation”, “national groups”.

For the Republic of Kazakhstan, like other post-Soviet
republics, in the conditions of transition, the most preferable
is the constitutional model of the presidential form of government. V
in this regard, it is noted that the realization of the possibilities of a strong
the presidential form of government can in every possible way contribute not to
only evolutionary and politically verified incarnation
the principle of separation of powers, but will also strengthen the role of the head
state as a national political leader, which can
neutralize not only the powerful potential of authoritarianism in conditions
transition period, but also in every possible way to help the formation of an effective
democratic political system of Kazakhstani society.

In addition, the presidential form of government makes it possible to integrate the legislative and executive branches of government into a single working mechanism based on a system of checks and balances and their effective interaction. The president, who has significant powers, should be guided by the parliamentary majority and build policy in accordance with this. Strong control powers, more effective control over the activities of the Government, etc. should become integral prerogatives of the Parliament.

The main and decisive advantage of the presidential uniform
government of the Republic of Kazakhstan, which made it legitimate in the eyes of
Kazakh society, is the provision of the head of state
political stability of the country in the transition period. V
the conditions of the collapse of the Soviet Union, which led to the crisis
state power in general, the formation of a political vacuum,
complete rupture of the country's legal continuity, the only

correct and logical was the appeal of all strata of Kazakhstani
society to a strong presidential power. During a period of total crisis
the government itself and the system of government
it was the presidential power that became almost the only
the embodiment of state sovereignty, while maintaining

the constitutional nature of the political process, preventing it from going beyond the legal framework. The formation of an effective presidential form of government also significantly weakened authoritarian tendencies, making it possible to avoid the establishment of a military-police dictatorship based on a state of emergency.

The presidential form of government of the Republic of Kazakhstan, established by the Constitution of 1995, meets the realities of the transition period and contributes to the stability of the course of gradual political modernization of the country. It is in this historical context that it is necessary to resolve the issue of the prospects for improving the presidential form of government in Kazakhstan, including elements of the presidential-parliamentary form in it.

The dissertation gives the author's periodization of the formation and
development of the form of government in the Republic of Kazakhstan. Revealed dynamics
transition from a Soviet republic based on the idea
the sovereignty of the Soviets, their combination of the functions of the executive and
legislative power, to the presidential republic, and since 2007 - to
presidential-parliamentary republic, which involves
adherence to the principle of separation of powers, approval in Kazakhstan
legal social state. It is substantiated that on May 21, 2007
Kazakhstan has entered a new stage of its socio-political
development.

Substantiated proposals for a more detailed legal
regulation of the status and forms of activity of the Prime Minister
Kazakhstan in accordance with its role as an official endowed

wide and varied powers to decide public affairs.

Proposals have been formulated to improve the procedures and legal regulation of the formation and activities of executive authorities, in accordance with which it is necessary:

a) determine the system and structure of executive power in
The Republic of Kazakhstan, to clarify the composition of the Government of the Republic
Kazakhstan (in the context of which heads of bodies
executive power are included in the Government by office) and the procedure
its normative consolidation;

b) to specify the legal status and legal regulation
differences between the types of executive authorities (ministry -
agency);

c) eliminate shortcomings in the procedure for giving consent by parliament to
appointment by the President of the Prime Minister, as the disagreement
the highest representative body with the proposed candidacy entails
the possibility of its dissolution, which actually gives this procedure
formal character;

d) define the mechanisms of responsibility of the Government and
strengthening the control of representative bodies of state power over
executive authorities in accordance with the Constitution
Of the Republic of Kazakhstan, such responsibility and accountability
should correspond to the model of “checks and
counterweights ";

e) it is necessary to give a legislative definition as types
existing executive authorities and positions (such
as minister, minister without portfolio, head of the central
executive body that is not part of the Government).

The theoretical and practical significance of the work. The theoretical significance of the thesis lies in the presentation of the concept

development of the form of government of the Republic of Kazakhstan, carried out in the course of the analysis of general methodological aspects of the theory of state and law, the study of the peculiarities of the formation of the system of state power in the Republic of Kazakhstan during the constitutional reform in 2007. Particular attention in the dissertation was paid to the structural and functional aspects of the implementation of the competence of public authorities of the Republic Kazakhstan, the management of this process, the search for new mechanisms and technologies for the implementation of the powers of these bodies, their staffing, as well as issues of improving the system of public administration, avoiding duplication of the structures of presidential power with other state bodies.

The dissertation contains and substantiates recommendations for the development of a number of draft laws and the introduction of amendments and additions to the existing normative legal acts governing the procedure for the formation and activities of public authorities of the Republic. The provisions, conclusions and proposals contained in the work on topical issues of state and legal development of the Republic of Kazakhstan form the necessary theoretical basis for substantiating practical measures to improve the mechanisms for building and functioning of the state power system in Kazakhstan, aimed at ensuring the stability of public administration.

A special area of practical application of the dissertation materials is the area of legislative work. The recommendations directly imply the development of a number of draft laws on the development of the form of government and interaction of public authorities in the Republic of Kazakhstan. The dissertation research can be used in the process of teaching the theory and history of the state and

law, constitutional, international, administrative law, political science, and a number of other state and legal disciplines.

Approbation of research results. The main provisions of the work were approved and recommended for defense at the Department of Public Administration, Legal Support of State and Municipal Service of the Russian Academy of State Service under the President of the Russian Federation, reflected in monographs and other scientific publications of the dissertation candidate.

The author's developments have found application in the preparation of analytical notes, as well as the development of regulatory legal acts in the Parliament of the Republic of Kazakhstan. The research materials were used by the author in his practical activities, as well as in speeches at international, Kazakhstani and all-Russian scientific conferences, when giving lectures on the course of constitutional law.

Work structure reflects the logic of the study. The dissertation consists of an introduction, five chapters, including nineteen paragraphs, a conclusion, a list of used normative legal sources and scientific literature.

World experience in the transformation of the form of government. Common past and features of the present development of the countries of the Commonwealth of Independent States

In each state, the system of power it forms has its own specifics, which is determined by many objective and subjective conditions, factors and reasons. Therefore, any comparative analysis has its limits, limitations and is very relative. Moreover, everywhere in power, the main thing is not a set of well-known formal elements, say, parliament, elections, division of power, etc., but its ability to ensure the integrity, sovereignty, security, orderliness and development of society. The purpose (mission) of state power is seen not in itself, but in serving the needs, interests and goals of the society, united in the corresponding state.

Of interest is the comparative legal analysis of the organization of state power in various states. American scientists M. Shugart and D. Carey have developed a two-dimensional model for a comparative study of the institutions of power in different states1. Within the framework of this model, the problem of the form of government can be reduced to two key issues for it:

1. Who and to what extent controls the composition of the government: parliament or the head of the executive branch?

2. Is it possible for the government and parliament to coexist in conditions of mutual distrust?

The combination of answers to these questions serves as the basis for classifying four ideal types of government:

the presidential type, the hallmarks of which are the popular election of the head of the country, who determines the composition of the cabinet and has broad rule-making powers;

presidential-parliamentary type: nationwide elections of the head of state, who has broad rule-making powers, who determines the composition of the cabinet with the full or partial consent of the parliament and, in some cases, has the right to dissolve the parliament if it does not trust the government;

prime-presidential type: popular election of the head of state with broad rule-making powers, with the government accountable to parliament;

parliamentary type: the head of state, regardless of the nature and method of election, is very limited in his powers, and the government is accountable to parliament.

All types of forms of government in one form or another have taken place in individual countries of the post-Soviet space in the last decade. The application of this typology will make it possible to assess the dynamics of the development of institutional changes in the system of government bodies and in countries that have not made such significant progress along the path of democracy.

In fairness, it should be noted that the world does not exist

38 uniform templates established once and for all regarding the form (system) of government, the form of the territorial structure of the state. From the point of view of liberal Western ideology, these issues are not of fundamental importance. Moreover, in these states they are solved in different ways.

It is clear that the choice of the form of statehood depends on the specific situation and conditions in which it takes place. For example, in the countries of Eastern Europe, which previously belonged to the same system of state structure, to which our republic belonged, “the more significant was the role of the reformed Communist Party (or its former prominent functionaries) in the course of the changes, the stronger was the created institute of the president, the the higher was the role of former dissidents, the stronger the parliament became. In all cases, the institution of the president was created and endowed with specific powers under (or against) a specific politician, but then there was an adjustment taking into account the requirements of reality ”1.

As PA Sakharov writes, the presidential form of government exists in more than 63 countries of the world. Of the 183 states that were part of the PLO at the beginning of 1993, over 130 had the presidency in their state structure. However, at the same time, presidents in different countries do not have the same amount of authority. Taking into account the many years of constitutional experience of developed foreign countries, as well as the situation in the country, on April 24, 1990, the post of President of the Republic was established in Kazakhstan.

This event led to a great political debate in the circles of scientists, politicians, among the citizens of our republic. Undoubtedly, there were opinions "for" and "against". The main argument of the supporters of the introduction of the presidency was as follows: this institution should ensure the unity of state power, the transition to new political and economic relations. “It is a hundred times more important to see behind the presidential form of government the image of the future of the country,” N.A. Nazarbayev noted in his speech, “the features of a reasonable ratio of legislative and executive power. The search for a just, humane democratic structure of society inevitably raises the question of guarantees of their protection. Presidential power, in our opinion, can become such a guarantor, because it contains at its core a regulatory principle capable of imparting harmonious integrity to all types of state power ”.

Thus, based on the foregoing, it should be emphasized that the strategic goal of constitutional reforms in the newly independent Kazakhstan was recognized as the creation of a constitutional basis for a truly democratic society.

In connection with the introduction of the institution of the president, there were at that time the following questions: “Should the post of prime minister be retained, or should the president himself exercise the day-to-day leadership of the government? What should be the scope of powers of the president and what should be the government of the republic? How should the president's relationship with the local authorities be built? "3

Foreign policy aspects of the formation of Kazakhstani statehood

The development of sovereign Kazakhstan in the foreign policy arena should be subdivided into three conditional periods: 1) the formation of foreign policy activity in the early 90s of the XX century; 2) its deepening, starting from the second half of the 90s of the XX century; 3) changes in foreign policy in the new conditions of international relations and strategic priorities caused by the consequences of the terrorist acts of September 11, 2001.

The beginning of foreign policy in the Kazakh state is usually associated with its first independent steps2. But they did not take place out of the blue. I already had some experience of external relations. The representative offices of the union republics in Moscow interacted with the center and among themselves; there was in some cases and economic cooperation of the republics with other states; the ministries of foreign affairs of the union republics, which had limited sovereignty, performed foreign policy functions, albeit under conditions of subordination to the union foreign affairs agencies.

Regarding the historical conditionality of the present, it seems appropriate to quote the well-known phrase of Karl Marx: “People make their own history, but they do it not as they please, under circumstances that they did not choose themselves, but which are directly available, were given to them and passed from the past. The traditions of all dead generations weigh like a nightmare over the minds of the living ”2.

With the acquisition of sovereignty, the republic faced the problem of conducting its own foreign policy. The very fact of the appearance on the political map of the world of an independent state naturally raises questions about the nature of its relationship with its close and distant environment, about the definition of its place and role in the regional and global systems of international relations.

A significant issue is the main goal of Kazakhstan's foreign policy. It is subordinated to the solution of a triune task: the formation of the concept of national security; development of foreign policy doctrine; search for allies (in the field of international, military, defense policy, in solving problems of national and regional security), as well as trade and economic partners.

Foreign policy activity and international relations are not an end in itself. They have the opposite effect on the political system of the state. The mechanism of such an impact can be explained using the so-called "information-cybernetic model" of the political system of the American political scientist K. Deutsch. According to his theory, the political system receives information through the so-called "receptors" (foreign policy - information services, etc.; internal political - centers for the study of public opinion), where the selection, systematization and primary analysis of the received data takes place. In the next phase, new information is processed within the framework of the “memory and values” block, where it is compared with existing old information and evaluated through the prism of values, norms and stereotypes. After that, the government ("decision-making center"), already having a final idea of how the new political situation that has developed under the influence of information corresponds to the interests and goals, makes an appropriate decision to regulate the current state of the system. And, finally, “effectors” (executive organs, etc.) at the last phase implement decisions, the results of which in the form of new information through “feedback” are sent to the “receptors” and, thus, the system enters a new cycle of functioning.

It goes without saying that the result of the impact in question is formalized in legal norms. Thus, the Constitution of the Republic of Kazakhstan is a document that has incorporated all the most valuable, democratic, humane, which is contained in universally recognized international legal acts1. “From within” the specifics of Kazakhstan's foreign policy are determined by the features of the political system of the state: features of the country's political organization, features of the political consciousness of the population, stability of the political regime, the degree of authority of the political leadership and specific political leaders.

The institution of the presidency and the mechanism of separation of powers: correlation in the unity of state power

1) traditions of state development of Kazakhstan in pre-Soviet times;

2) the experience of state building of the Kazakh SSR;

3) leading trends in improving the system of public administration in economically and politically developed countries of the world.

Among the constitutional principles of the Republic of Kazakhstan, there was a place for the principle of the unity of state power, which originates in a single source of power - the people of Kazakhstan. Item 4, Art. 3 of the Constitution of the Republic of Kazakhstan establishes the provision: "State power in the Republic is unified, exercised on the basis of the Constitution and laws in accordance with the principle of its division into legislative, executive and judicial branches and interaction with each other using systems of checks and balances."

The constitutional system of power includes not only those bodies of state power that are named in the text of the Constitution. It includes many others, the creation of which follows from the functions and powers of the constitutional authorities. The system of power, therefore, consists of ramified subsystems, of a large number of subordinate authorities of different levels.

In modern conditions, the problem of constitutionalization of the current legislation is quite acute. This is due to the presence of a rather voluminous part of the current legislation adopted before the Constitution of the Republic of Kazakhstan in 1995. In addition, at present, the authorities allow the adoption of norms that contradict the requirements of the Constitution of the Republic of Kazakhstan.

The functional aspect of the implementation of the principle of separation of state power in the Republic of Kazakhstan (judging by the scientific literature) is recognized, understood and does not cause much discussion. The situation is more complicated with the analysis and assessment of the system of bodies that implement various forms of state power and, especially, with the structure of their mutual relations (with cooperation, on the one hand, with "checks and balances", on the other).

The distribution of functions between state bodies as a necessary guarantee of political freedom in society must be stable and unchanged. This is possible only if none of the state bodies is strong enough to usurp the powers of others. Therefore, it is necessary that one state body could restrain another; it is necessary to balance, to balance the branches of power. This is intended to ensure the so-called system of "checks and balances".

Justification and classification of functions of the President of the Republic of Kazakhstan

Let us consider the powers of the President of the Republic of Kazakhstan in comparison with the generally accepted powers of the president under the presidential form of government1.

Powers of the President of the Republic of Kazakhstan and the President under the presidential republic (generally accepted model)

Foreign policy is one of the most important spheres of state activity, and it is natural that the role of its head is significant in it. The President, being by his constitutional status the main representative of the state in international relations, is endowed with the appropriate powers1. Their generalized version was given by N.A. Sakharov, according to which the President:

1) carries out general management of foreign policy;

2) conducts international negotiations;

3) concludes interstate agreements;

4) resolve issues of war and peace;

5) spends, at his own discretion, funds from budgetary allocations for foreign policy actions;

6) manages foreign economic policy;

7) appoints ambassadors and other representatives of the country abroad;

8) accepts credentials from the ambassadors accredited to him;

9) makes a decision on the establishment of diplomatic relations with other states or on joining an international organization;

10) in accordance with the diplomatic protocol, meet and see off the heads of state who are visiting the country on an official visit1.

Possessing all of the above powers in the field of foreign policy, the President of Kazakhstan issues powers to negotiate and sign interstate treaties concluded by the Republic, submits to the Parliament interstate treaties concluded by the Republic for ratification, as well as a proposal to denounce international treaties concluded by the Republic. Decides to suspend the operation of international treaties concluded by the Republic and not subject to ratification.

Pursuing a course of domestic and foreign policy of the state, the Head of State addresses an annual oral or written message to the people of Kazakhstan on the situation in the country and the main directions of domestic and foreign policy of Kazakhstan. If the message is read out at the session of the Parliament, then it is not discussed and questions about it are not asked.

The message is a political document, has a programmatic character and finds its implementation and embodiment in the activities of the Parliament, Government and other state authorities,

since only the Head of State has the right to determine the main directions of the country's domestic and foreign policy. It should be especially noted the message to the people of Kazakhstan dated October 10, 1997 "Kazakhstan - 2030. Prosperity, security and improvement of the welfare of all Kazakhstanis" 1, which outlined the main priorities and directions of domestic and foreign policy of society until 2030.

The Republic of Kazakhstan is a unitary state with a presidential form of government. According to the Constitution, the country asserts itself as a democratic, secular, legal and social state, the highest values of which are a person, his life, rights and freedoms.

Kazakhstan gained independence on December 16, 1991. The capital is the city of Astana. The state language is Kazakh, Russian has the status of a language of interethnic communication. The monetary unit is tenge.

The President of the Republic of Kazakhstan is the head of state, its highest official, who determines the main directions of domestic and foreign policy of the state and represents Kazakhstan inside the country and in international relations. The President is a symbol and guarantor of the unity of the people and state power, the inviolability of the Constitution, human and civil rights and freedoms

The government exercises executive power, heads the system of executive bodies and manages their activities.

Legislative functions are performed by the Parliament, which consists of two Chambers - the Senate and the Mazhilis, acting on a permanent basis. The Senate is formed by deputies representing two people from each region, city of republican significance and the capital. Fifteen deputies of the Senate are appointed by the President, taking into account the need to ensure the representation of national, cultural and other significant interests of society.

The Mazhilis consists of one hundred and seven deputies, nine of them are elected by the Assembly of the People of Kazakhstan. The term of office of deputies of the Senate is six years, of deputies of the Mazhilis - five years. Currently, there are three parties represented in the Mazhilis - Nur Otan, Ak Zhol and the Communist People's Party of Kazakhstan.

The administrative-territorial structure of the country includes 14 regions and 2 cities of republican significance.

The population of Kazakhstan exceeds 18 million people. The ethnic structure of society, according to the 2009 national census, is as follows: Kazakhs - 63.07%, Russians - 23.7%, Uzbeks - 2.85%, Ukrainians - 2.08%, Uighurs - 1.4%, Tatars - 1.28%, Germans - 1.11%, others - 4.51%.

Occupying an area of 2 million 724.9 thousand square kilometers, the country is in ninth place in terms of area in the world. In the north and west, the republic has common borders with Russia - 7,591 km (the longest continuous land border in the world), in the east with China - 1,783 km, in the south with Kyrgyzstan - 1,242 km, Uzbekistan - 2,351 km and Turkmenistan - 426 km. The total length of the land borders is 13,200 km.

Kazakhstan is the largest country in the world that does not have direct access to the World Ocean. Most of the country's territory is deserts - 44% and semi-deserts - 14%. Steppes occupy 26% of the area of Kazakhstan, forests - 5.5%. There are 8.5 thousand rivers in the country. The northeastern part of the Caspian Sea is included in the republic. The Aral Sea is divided between Kazakhstan and Uzbekistan. There are 48 thousand large and small lakes in Kazakhstan. The largest of them are Balkhash, Zaysan and Alakol. The remoteness from the oceans determines the sharply continental climate of the country.

The country's mineral resource base consists of more than 5 thousand deposits, the projected cost of which is estimated at tens of trillions of dollars. The republic ranks first in the world in proven reserves of zinc, tungsten and barite, second in silver, lead and chromite, third in copper and fluorite, fourth in molybdenum, and sixth in gold.

Kazakhstan also has significant oil and gas resources (9th in the world in proven oil reserves), which are concentrated in the western regions. In addition, the republic ranks 8th in terms of coal reserves and 2nd in terms of uranium reserves.

Kazakhstan is one of the ten leading world exporters of grain and is one of the leaders in the export of flour. 70% of arable land in the north is occupied by grain and industrial crops - wheat, barley, millet. Rice, cotton and tobacco are grown in the south of the country. Kazakhstan is also famous for its gardens, vineyards and melons and gourds. One of the leading areas of agriculture is animal husbandry.

The main export goods are products of the mining, fuel and energy, metallurgical and chemical industries, as well as the grain industry. The main trade partners of the republic are Russia, China, the states of Europe and the CIS.

To diversify the economy in the country, a program of industrial and innovative development is being successfully implemented, in accordance with which old enterprises are modernized and new enterprises are opened.

Kazakhstan is implementing a large-scale project "New Silk Road", which should revive the country's historical role as the main connecting link of the continent and turn it into the largest business and transit hub in the region - a kind of bridge between Europe and Asia. By 2020, the volume of transit freight traffic through the republic should almost double.

In 2014, the Head of State announced a program of large-scale infrastructure construction "Nurly Zhol", designed to connect the regions of Kazakhstan with trunk routes, modernize the logistics, social and industrial infrastructure.

Kazakhstan has embarked on the implementation of the "Plan of the Nation - 100 Concrete Steps", which provides for fundamental transformations in order to implement the Five People's Reforms: the formation of a professional state apparatus, ensuring the rule of law, industrialization and economic growth, identity and unity, and the formation of an accountable state.

A large-scale social modernization of the country is being carried out - new schools, professional colleges and universities are being built, modern medical clinics and hospitals are opening, the system of social support for the population is being improved.

Currently, representatives of 130 ethnic groups live in the republic, a consultative and advisory body for the harmonization of interethnic relations, the Assembly of the People of Kazakhstan, is successfully operating. In Astana, the Congresses of Leaders of World and Traditional Religions are held on a regular basis.

As a leader in Central Asia, the republic makes a significant contribution to strengthening the stability of the region. The country has also made great strides on the world stage. This is evidenced by the chairmanship of Kazakhstan in the OSCE and the holding of the Summit of this authoritative international organization in December 2010 in Astana. A significant initiative of the country was the launch and development of the CICA project - the Asian analogue of the OSCE. The creative activity of Kazakhstan as the chairman of the leading organization of the Islamic world - OIC received positive feedback. The country is also a recognized leader in the global anti-nuclear movement.

Kazakhstan is a member of the Eurasian Economic Union.

Stable growth of all sectors of the economy, international recognition, political stability have become the basis for the prosperity of Kazakhstani society. Kazakhstan is a country looking to the future, which preserves its cultural traditions and successfully realizes its huge creative potential in the modern dynamic world.

Video tour of Kazakhstan

The Republic of Kazakhstan as an independent sovereign state was proclaimed on December 16, 1991.

This fact is recorded in the Constitutional Law of the RK '' On the State Independence of the RK '' dated 16.12.91.

As a sovereign state, the Republic of Kazakhstan has an independent economic system based on the diversity and equality of all forms of ownership. The Republic of Kazakhstan creates its own armed forces that protect its independence and national statehood.

The main law of our country is the current Constitution, adopted at a national referendum on August 30, 1995.

On October 8, 1998, the Constitutional Law introduced 19 changes and additions to the current Constitution.

The Constitution of the Republic of Kazakhstan established the constitutional system, the economic and political basis of the Republic of Kazakhstan.

The constitutional system of the Republic of Kazakhstan is a system of fundamental social relations, which is a way of organizing the state, its connection with an individual, enshrined in the norms of the Constitution and characterizing it as a constitutional state.

The Constitution enshrines the following fundamental principles of the Constitutional system of the Republic of Kazakhstan: the principles of democracy, state sovereignty, unitarianism, separation of powers, the rule of law, the solution of the most important issues in public life by democratic methods, ideological and political pluralism, and others.

Democracy can be cited as the main feature of the constitutional system of the Republic of Kazakhstan. The people are the only source of state power in the Constitution of the Republic of Kazakhstan. Democracy is determined by a republican referendum and free elections.

In addition, the people delegate the exercise of their power to state bodies. Therefore, democracy is carried out in an immediate and representative form.

The economic basis of the Republic of Kazakhstan- based on various forms of ownership. Thus, market relations are constitutionally secured. The Constitution of the Republic of Kazakhstan equally recognizes and protects both state and private property.

Also, the Constitution stipulates that land can be privately owned.

The state guarantees the right to property. Alienation of property can only take place in a judicial proceeding. The constitution also guarantees the right to inherit.

The state recognizes and supports the right to freedom of entrepreneurial activity and freedom of economic competition. At the same time, monopolistic activity is regulated and limited by law.

According to the Constitution, the state owns the land and its subsoil, flora and fauna and other natural resources. The Constitution establishes that property is obligatory and its use must simultaneously serve the public good.

The political basis of the Republic of Kazakhstan form diverse organizations, institutions and institutions, carrying out the struggle for power, its organization and functioning. The elements of the political system include public organizations, associations and state bodies.

The Constitution enshrines ideological and political pluralism, emphasizing that the merger of public and state institutions, the creation of organizations of political parties in state bodies is not allowed.

The process of the formation of a multi-party system is under way in the Republic, which presupposes the legality of the political opposition and will facilitate the involvement of broad strata of the population in political life. Ten deputies of the Mazhilis of the Parliament are elected on the basis of party lists.

The form of the state of the Republic of Kazakhstan is distinguished by the internal unity of the three elements of the form of government, the form of state structure and the form of the political regime.

By form of government Kazakhstan is a presidential republic.

According to the Constitution of the Republic of Kazakhstan, the President is the head of state and his highest official. As the head of state, the President determines the main directions of domestic and foreign policy, and is also the highest representative of the state in the field of international relations and within the country. The President of the Republic of Kazakhstan is a symbol and guarantor of the unity of the people and state power, the inviolability of the Constitution, human and civil rights and freedoms.

The President is elected on the basis of universal, equal and direct suffrage by secret ballot by all adult citizens of the Republic of Kazakhstan for a period of 7 years.

The Constitution enshrines a system of guarantees limiting the power of the President. So, firstly, the term of office of the President is limited - 7 years, Secondly, it is not allowed to hold the post of President for more than 2 terms in a row. Third, there is a constitutional mechanism for removing the President from office in the event of high treason. The institute for the removal of the President from office is called impeachment.

Fourthly, a constitutional mechanism is envisaged for recognizing the normative acts of the President as inconsistent with the Constitution.

As for the powers of the President, here I would like to note one of the most important. Thus, the President of the Republic of Kazakhstan, with the consent of the Parliament, appoints the Prime Minister of the Republic, appoints members of the Government and dismisses them from office, appoints the Chairman of the National Bank of the Republic of Kazakhstan, the Prosecutor General and the Chairman of the National Security Committee.

In addition, the President of the Republic of Kazakhstan exercises a number of other powers.

By the form of government The Republic of Kazakhstan is a unitary state. As a unitary state, Kazakhstan is characterized by a single, politically homogeneous structure, consisting of administrative-territorial units that do not have their own statehood.

In the Republic of Kazakhstan, there is a single citizenship, a single legislation, a single system of state bodies.

The Constitution stipulates that unitarity and territorial integrity, the form of government of the Republic cannot be changed.

The form of the state legal regime in the Republic of Kazakhstan can be classified as democratic.

Thus, the Constitution of the Republic of Kazakhstan recognizes the people as the only source of state power, recognizes the absoluteness and non-alienation of human rights and freedoms and guarantees them, declares that human rights and freedoms belong to everyone from birth.

The Constitution recognizes a person, his life, rights and freedoms as the highest values. At the same time, mutual responsibility becomes a priority in relations between a person and a state.

The Constitution enshrines a wide range of human and civil rights and freedoms.

The exercise of human and civil rights and freedoms has a restrictive framework, which are expressed in the following:

1) it must not violate the rights and freedoms of other persons;

2) it must not infringe on the constitutional order;

3) it should not infringe on public morality.

The Republic of Kazakhstan is a secular, social and legal state.

The Republic of Kazakhstan is a secular state. This is ensured by the separation of religious associations from the state and the secular nature of education, i.e. schools are separated from religion.

In Kazakhstan, none of the faiths is recognized as mandatory or preferred. There is no official state religion in the Republic, and the activities of parties on a religious basis are not allowed.

The Republic of Kazakhstan asserts itself legal the state. By using the word '' claims '', and not the word '' is '', the Constitution emphasizes that the Republic of Kazakhstan is on initial stage of formation of the rule of law.

So, the following main features of the rule of law are expressed in the Constitution of the Republic of Kazakhstan

Unconditional supremacy of the Constitution and laws over other normative acts;

Division of state power into legislative, executive, judicial branches and interaction of branches of government on the basis of a system of checks and balances;

The principle of the rule of law, the priority of human rights and freedoms, their recognition as natural and inalienable;

The connection between the state and the citizen by mutual rights and obligations;

Independence of justice;

The use of the principle '' is permitted in the exercise of civil rights and freedoms that is not prohibited by law '';

The principle of equality of all before the law.

The Constitution lays the foundation for building in Kazakhstan social state.

So the state is obliged to take care of the establishment of social justice in all areas, especially in the field of production and distribution. To achieve this goal, the state solves the following tasks:

To prevent the formation of social poles and the emergence of class antagonism on this basis;

Reasonably and purposefully regulate economic, social, democratic and other relations;

To orient legislation towards a person, towards meeting his vital needs and interests, creating social protection against unemployment, social security for the disabled, pensioners, etc.

Control questions

1. Describe the form of government of the Republic of Kazakhstan.

2. What are the features of the presidential power in the Republic of Kazakhstan?

3. Indicate the form of state structure of the Republic of Kazakhstan and link it with the historical features of its development.

4. Highlight the characteristic features of a democratic political regime in the Republic of Kazakhstan.

5. Expand the content of Article 1, Clause 1 of the Constitution of the Republic of Kazakhstan '' The Republic of Kazakhstan claims to be a democratic, secular, legal and social state, the highest values of which are a person, his life, rights and freedoms.

Doctor of Law, Professor V.A. Malinovsky

Doctor of Law, Associate Professor G.A. Alibaeva

Humanitarian University of Transport and Law named after D.A. Kunaeva, Republic of Kazakhstan

OF THE INDEPENDENT REPUBLIC OF KAZAKHSTAN

For the study of the modern construction of the Kazakh form of government during the formation and strengthening of state independence, the basic is the constitutional characteristic of the Republic of Kazakhstan as a state that asserts itself as democratic and legal.

The Constitution defines Kazakhstan as a state with a presidential form of government.

As you know, in the most general terms and well-established tradition, modern states are subdivided into monarchies and republics according to the form of government. This differentiation is based, for the most part, on the status of the head of state with the inherent procedure for election (or succession to the throne), functions and powers, as well as the relationship of the head of state with the parliament and government. However, today this is no longer enough.

Covering the features of the Scandinavian monarchies, M.A. Isaev in relation to the Kingdom of Sweden writes the following: “Today we can characterize the form of government in Sweden as conditionally monarchical, striving for its own negation. In this regard, the situation in Sweden might seem unique if not for a similar situation, for example, in Japan. In terms of the form of government, this is also, in general, a monarchy, but the monarchy is very conditional. "

The uniqueness of the form of government in Japan lies in the fact that it is based on the divinity of the Emperor and a favor for a democracy based on popular sovereignty. In Article 1 of the 1947 Constitution, two matters were combined into one. On the one hand, it proclaimed the status of tenno (tenno - the title of the Japanese emperor - authors) and consolidated the constitutional foundations of the tenno regime. On the other hand, it explains the location of sovereign power, or rather, the transformation of Tenno sovereign power towards people. According to J. Mackie, this combination is the embodiment of a real revolution.

The model of a semi-presidential republic with a "strengthened presidential institution", which for a number of reasons became an example for Kazakhstan and applied according to the Constitution of the Republic of Kazakhstan, as you know, first appeared in Weimar Germany and Finland, then, about forty years later, in France, after which it received its development in Portugal. Today it is enshrined in the newest constitutions of Azerbaijan, Georgia, Russia, Poland, the French-speaking countries of Africa and other countries.

In general, in the modern changing world, requests for constitutional practice in foreign countries often give rise to atypical forms of states. Quite justified by the results of the analysis based on the extensive use of the comparative legal method, V.E. Chirkin uses the term "mixed form of government".

Let us emphasize that the institution of the "form of government" as the most important element of the state form is much richer than one of its specific varieties - the "republic". Therefore, the presidential form of government proclaimed by the Constitution of the Republic of Kazakhstan (in conjunction with the official name of the country) covers a variety of state forms: "purely presidential", "semi-presidential (dualistic)" up to "super-presidential (monocratic)" republic.

Frequently encountered in the media and in political life, the desire to equate the Republic of Kazakhstan "with a presidential form of government" and Kazakhstan - a "presidential republic" significantly impoverishes the current state form of Kazakhstan. A completely paradoxical situation often develops: the more this or that author, in justifying the strengthening of the role of the Head of State, uses the argument about a presidential republic, the more realistically he moves away from it.

In this regard, the following is indicative. In a very interesting special study by O.I. Zaznaev highlighted a wide range of "semi-presidentialism", analyzed in depth the features and types of semi-presidential systems in constitutional, political, as well as theoretical and purely applied dimensions. At the same time, the author, as we can see, uses the term "semi-presidential system", not a "semi-presidential" republic.

More than twenty years of state independence leads to the following fundamental conclusion. The modern successful, strong and effective state - the Republic of Kazakhstan - has become such, to a decisive extent, thanks to the presidential form of government, its backbone center - the President of the Republic and the personal qualities of N.A. Nazarbayev, who filled the constitutional status of the Head of State with real practical actions for the benefit of all Kazakhstanis.

The “presidential form of government” established by the Constitution of the Republic of Kazakhstan in 1995 has many similarities with the presidential republic (direct elections of the President of the Republic, his unconditional dominance in the executive branch of government) and the parliamentary republic (parliamentary responsibility of the Government, the possibility of removing the Head of State from office only for high treason, the right of the President of the Republic to dissolve Parliament), which gives grounds for characterizing the Kazakh form of government as a "mixed" or "semi-presidential" republic. At the same time, the expanded powers of the President of the Republic in relation to the Parliament and the Government makes it possible to define the “presidential form of government” established by the 1995 Constitution as a semi-presidential republic with a strengthened institution of the President of the country.

Designed for the period of political transition, it ensured the stability of the state and the political system as a whole due to the rigid concentration of executive power (in its horizontal and vertical structures) in the institution of the Head of State, his dominance in the Government, and limited opportunities for Parliament to influence the executive branch.

In the conditions of getting used to democracy, the liberalization launched in the country in the early 2000s also affected the presidential form of government, in particular, its socio-political foundations and all institutional components, primarily parliamentary.

This conclusion is confirmed by the results of the constitutional reform carried out through the adoption of the Law of the Republic of Kazakhstan dated May 21, 2007 "On Amendments and Additions to the Constitution of the Republic of Kazakhstan".

In general, the constitutional reform predetermined new conceptual approaches to understanding the main socio-political institutions and the prospects for their development. A number of amendments and additions to the Constitution in their interconnection allow us to interpret in a new way the purpose of state power, the content of the functions of the state, to determine the principles of relations between state bodies, public associations and citizens, to more widely involve civil society institutions in solving state-significant problems, to establish legal norms that are adequate changing social relations.

Thus, from the standpoint of transforming the "presidential form of government" established by the Constitution of the Republic of Kazakhstan in 1995, the constitutional reform of May 2007 can be characterized as a set of measures that move Kazakhstan towards a "presidential-parliamentary republic" by stimulating the modern party system, strengthening the status of Parliament, improving its representative function and the legislative activity carried out by it, as well as the gradual establishment of functional and organizational closeness and coherence in the activities of the legislative and executive branches of the unified state power characteristic of the parliamentary form of government. The ultimate goal is to create a strong relationship between the state and the people of Kazakhstan.

Emphasizing the importance and significance of the 2007 reform of the Basic Law of the country towards the liberalization of the political system and statehood, it should be recalled that it does not affect the essential foundations of the "presidential form of government" of the Republic of Kazakhstan.

The practical implementation of the 2007 novels has shown the absolute correctness of the nationwide discussion of constitutional reform developed over almost five years.

In 2007-2009, in the direction of introducing its ideas, provisions and norms for the further democratization of state and public life, amendments and additions were made to the constitutional laws on the President of the Republic, on the Parliament and the status of its deputies, on the Government, on the Constitutional Council, on the judicial system and the status of judges, on elections, as well as in the laws on political parties, on the media and a number of others.

On April 3, 2011, extraordinary elections of the President of the Republic were held, at which N.A. Nazarbayev received the support of 95.55% of Kazakhstanis who voted (turnout was 89.98% of those included in the voter lists). Recall that these elections were appointed by the President of the Republic to replace the popular initiative to extend the powers of N.A. Nazarbayev until 2020. Then, in order to get out of the contradiction between the initiative of more than 5 million citizens of the country; by the law of the Parliament, which created the legal basis for the implementation of this initiative, as well as by the resolution of the Constitutional Council, which recognized this law as contrary to the Constitution, the President of the Republic announced his desire to go to direct, competitive elections. He submitted to the Parliament a draft law on supplementing Article 41 of the Constitution with only one paragraph 3-1 of the following content: "Extraordinary presidential elections are appointed by the President of the Republic and are held in the manner and terms established by the constitutional law." Upon the adoption by the Parliament of this addition and the subsequent introduction of amendments and additions to the Constitutional Law on Elections, the Head of State issued a decree on early elections. This example once again testifies to the desire of the supreme power to act strictly within the framework of the Basic Law.

Following the 2007 early parliamentary elections, in which only one political party won representation in the Mazhilis, a mechanism was included in the constitutional law on elections to ensure that at least two parties stay in the Mazhilis. However, it was not required to apply it, since according to the results of the early elections on January 15, 2012, the factions of three political parties are now operating in the Mazhilis. Not only individuals, but also party programs came to the center of attention of voters, which raised the discussion of candidates and, accordingly, the preferences of voters to a new meaningful level.

The amendment introduced in 2007 to Article 5 of the Constitution of the Republic of Kazakhstan (bans on the merger of public and state institutions and state funding of public associations were removed) led to a sharp activation of the civil sector, an increase in the number of public associations, including those operating in the field of social protection of the population, a significant increase in funds the state budget for social projects implemented through civil society institutions. For the first time on October 20, 2008, the Parliament adopted the law "On the Assembly of the People of Kazakhstan", which enshrined the new state and public nature of this institution. In other words, national interests were shaped at the intersection of the state and civil society. At the same time, nationally all cultural centers are included in a special unified democratically organized mechanism headed personally by the First President of the Republic - the Leader of the Nation, which integrates national and cultural centers, individuals recognized in the country and the most important state bodies.

The past 2013 became the initial stage of the practical implementation of the presidential "Strategy" Kazakhstan-2050 ": The New Political Course of an Established State" (Astana, December 14, 2012), which is a logical continuation of the "Strategy" Kazakhstan-2030 "executed ahead of schedule in terms of the main parameters.

"The strategy" Kazakhstan-2050 "covers the entire complex of the management cluster in its functional, institutional, legal and other components, internal and external interactions.

The time allotted for the implementation of the "Strategy" Kazakhstan-2050 "is not so much by the standards of history. Therefore, the first year after its proclamation has become very eventful.

Among the results achieved, firstly, the creation of a new model of civil service (corps "A" was formed, and these are 543 civil servants for whom high requirements have been set. The number of political employees decreased by 7.5 times; and cities, and at the central level - 15% of the leadership of the executive bodies); secondly, the reform of local self-government (5,000 additional units (posts) were transferred to the rural level, 67 functions were fixed, elections were held for 2,500 local akims, which is 91% of all akims in the country); the Law “On Public Services” has been adopted and is being implemented; thirdly, the Law "On Public Services" has been adopted and is being implemented, which improves the business environment and increases citizens' confidence in the state; fourthly, the changes in the system of executive authorities, which are demanded by practice, continue (the existing state bodies are being transformed and new state bodies are being established, the forms of citizens' participation in their activities are expanding).

In general, public administration in the Republic of Kazakhstan is gradually being transformed into public administration based on reasonable balances between state and public principles, between state functions and public services, on the introduction of the latest achievements of management and information technologies, on the inclusion of representatives of civil society and the people of Kazakhstan in the management process. ...

Literature

1. Isaev M.A. The mechanism of state power in the Scandinavian countries. - M., 2004 .-- S. 173.

2. Japanese Constitutional Law Edited by Percy R. Luney, Jr., and Kazuyuki Takahashi. - University of Tokyo Press, 1993. - P. 45, 88–89, 96–104

3. Chirkin V.E. State Science: Textbook. - M., 1999 .-- S. 142, 146

4. Zaznaev OI Semi-presidential system: theoretical and applied aspects. - Kazan, 2006.

5. On the revision of some regulatory decisions of the Constitutional Council of the Republic of Kazakhstan in connection with the adoption of the Law of the Republic of Kazakhstan dated May 21, 2007 No. 254-III "On amendments and additions to the Constitution of the Republic of Kazakhstan". Normative Resolution of the Constitutional Council of the Republic of Kazakhstan dated November 8, 2007 No. 9

Thesis

Mukhamedzhanov, Baurzhan Alimovich

Academic degree:

Doctor of Law

Place of thesis defense:

VAK specialty code:

Speciality:

Constitutional law; municipal law

Number of pages:

Chapter I. Form of government: concept, types.

§ 1. Development of ideas about the form of government in the history of political and legal thought.

§ 2. World experience in the transformation of the form of government. Common past and features of the present development of the Commonwealth of Independent countries

States.

§ 3. Form of government and state regime in the Republic of Kazakhstan as constituent elements of the form of the modern Kazakhstan state.

Chapter II. Constitutional doctrine of the Republic of Kazakhstan on the form of government: evolution and current state

§ 1. Kazakhstan statehood in the Eurasian context: concept, meaning and features.

§ 2. Foreign policy aspects of the formation of Kazakhstani statehood.

§ 3. The main stages of development of the form of government in the Republic of Kazakhstan.

§ 4. Securing the form of government in the Constitution of the Republic of Kazakhstan.

Chapter III. The system of public authorities of the Republic of Kazakhstan: principles of construction and functioning.

§ 1. Principles of construction and functioning of the system of public authorities in the Republic of Kazakhstan.

§ 2. The institution of the presidency and the mechanism of separation of powers: correlation in the unity of state power.

§ 3. Representative power in the system of public authorities

Republic of Kazakhstan.

§ 4. Executive power in the Republic of Kazakhstan: he.

§ 5. Organization of the judiciary and constitutional control in the Republic

Kazakhstan.

Chapter IV. Republic of Kazakhstan: from a presidential republic to a presidential-parliamentary one.

§ 1. The constitutional and legal status of the President of the Republic of Kazakhstan as the head of state.

§ 2. Justification and classification of the functions of the President of the Republic

Kazakhstan.

§ 3. The role of the President of the Republic of Kazakhstan in legislative process.

The legal nature and types of acts of the President of the Republic of Kazakhstan.

§ 4. Administration of the President of the Republic of Kazakhstan as an organizational and legal element of the functioning of the presidential power in

Kazakhstan.

Chapter U. Prospects for the development of the system of state power and the form of government in the Republic of Kazakhstan.

§ 1. Interaction of authorities in the exercise of state power in

Republic of Kazakhstan.

§ 2. Evolution of constitutional and legal regulation of the organization and functioning of state power in the Republic of Kazakhstan.

§ 3. The main directions of improving the system of state power in the Republic of Kazakhstan.

Dissertation introduction (part of the abstract) On the topic "Form of government of the Republic of Kazakhstan: constitutional model and practice of public administration"

Relevance of the research topic. The acquisition of state sovereignty and the formation of an independent Kazakhstan on the political map of the world necessitated the development of a domestic model of organization of state and power. President of Kazakhstan N.A. Nazarbayev defined the prospect of the process of formation of modern Kazakh statehood, noting that now the people of Kazakhstan have “serious prospects based on the already existing achievements of the formation of a new type of statehood in terms of. XXI century "

The modern system of statehood in Kazakhstan requires the development of an appropriate model for the construction and functioning of the state, the definition of a form of government that meets the requirements of the time, the state structure, mechanisms for organizing power based on a system of "checks and balances" that contribute to ensuring stability and effective interaction of government bodies.

At the same time, after fifteen years have passed, it is possible to summarize and analyze the prospects for the development of the form of government in the conditions of the Republic. constitutional and administrative reforms.

The historical traditions of the development of Kazakh statehood, the recent history of the state and legal formation of independent Kazakhstan determined the country's choice of a presidential form of government, in which the President is the head of state and executive power, its highest official, determining the main directions of domestic and foreign policy, and, in fact, national leader. However, the development of democratic foundations constitutional The system of Kazakhstan necessitated further improvement of relations in the system of organization of the highest bodies of state power, the redistribution of functions and powers in the system of executive power, strengthening of parliamentary control over the executive power, which led to the transformation of the form of government of the Republic of Kazakhstan into a presidential-parliamentary republic.

The problems of the formation and development of the presidential form of government are in the organization, functioning and interaction legislative, executive, judiciary with institute

Scientific research of the republican form of government of the Republic of Kazakhstan at the present stage of its development is due to the fact that this problem is complex both in practical and theoretical terms. The current state of scientific development of the concept " republican form of government»Does not allow to fully use it as a basic structure for fundamental theoretical research. All this complicates the search for objective patterns of development of the republican form of government in the conditions of the formation of a new socio-political structure of the Republic of Kazakhstan, study of the correspondence of the Kazakh model of the presidential system of government to the totality of historical, social, political and other prerequisites for its formation to the level of political and legal culture, traditional views and psychology of the population as well as a variety of other social factors.

The above circumstances explain the need for a constitutional and legal analysis of both the theoretical foundations of the form of government in the Republic of Kazakhstan, and those of its features that determine the structure and system of state power in this new independent state. The value of such a study is not limited to the state practice of Kazakhstan, but is also useful for analyzing constitutional and legal processes in the Russian Federation and other states of the Commonwealth of Independent States.

In this regard, there is an urgent need for the creative development of the previously accumulated experience in the field of understanding the problems of improving the republican form of government, given that an incomplete or incorrect, inaccurate understanding of the content and essence of government institutions can lead to serious methodological errors of various nature. In turn, the enrichment and expansion of the available general theoretical knowledge about the forms of republican government will contribute to solving practical problems of improving the presidential system of government as an integral part of the republican form of government, the formation of democratic statehood in Kazakhstan.

The degree of scientific elaboration of the topic of the dissertation research. Despite the abundance of scientific research on the theoretical and legal aspects of the problems of the form of government, it should be admitted that these studies, as a rule, do not analyze the real state and legal processes in the countries of the Commonwealth of Independent States. There is an extensive scientific literature on the forms of government and political regimes of foreign states, the history of the development of ideas about the form of government. As for the analysis of the processes of state and legal reforms in modern conditions, this aspect remains one of the least highlighted in connection with the obvious political orientation. Therefore, of particular interest are studies in which not ideal models of forms of government are considered, but real state-legal mechanisms. The issues of state and legal transformations in the Republic of Kazakhstan, as well as in many other countries of the Commonwealth of Independent States, require careful detailed disclosure, identification of the general and special, taking into account the experience of transformations.

The work uses the works of Russian state scholars, in particular, I.K. Blunchley, A.A. Zhilin, N.M. Korkunova, N.I. Palienko, G.F. Shershenevich and others.

In his research the dissertation was based on a scientific analysis of the form of government in world, Soviet and Russian legal science. In the preparation of the dissertation research, the works of Kazakh, Russian scientists in the field of the theory of state and law, constitutional law, specialists from other countries of the Commonwealth of Independent States were used: B. Zh. Abdraimov, S. A. Avakyan, A. S. Avtonomov, N. I. Akueva, G.V. Atamanchuk, A.Sh. Arutyunyan, M.V. Baglaya, G.V. Barabasheva, I.N.Bartsitsa, A.A. Belkina, A.Kh. Bizhanov, N.A. Bogdanova, N.S. Bondar, A.V. Vasiliev, V.G. Vishnyakov, B.N. Gabrichidze, G.V. Degteva, S.Z. Zimanova, D.L. Zlatopolsky, B.P. Eliseeva, E. I. Kozlova, E. I. Kolushina, A. K. Kotova, Yu. K. Krasnov, B. S. Krylova, O. E. Kutafina, B. M. Lazareva, V. Lazarev, V.O. Luchin, B.A. Mailybaeva, V.L. Malinovsky, G.V. Maltseva, B.G. Manova, M.N. Marchenko, A.A. Matyukhina, A.A. Mishina, A.A. Muravieva, A.F. Nozdracheva, L.A. Okunkov, V.A. Rzhevsky, A.N. Sagindykova, A.Kh. Saidova, G.S. Sapargalieva, S. S. Sartaeva, N. A. Sakharova, L. R. Simonishvili, Yu. A. Tikhomirova, B. N. Topornin, V. A. Tumanova, I. A. Umnova, V. E. Chirkina, YULShulzhenko, B.S. Ebzeeva, LMEnginaidr.

The legal basis of the dissertation was formed by regulatory legal acts: the constitutions of the Republic of Kazakhstan, the Russian Federation and other member states of the Commonwealth of Independent States, other foreign countries, the laws of the Republic of Kazakhstan, regulatory legal acts of the President of the Republic of Kazakhstan, the Mazhilis (parliament), the Government of the Republic of Kazakhstan, decisions of the constitutional justice.

Goals and objectives of the study. The purpose of the dissertation research is to form, based on the analysis of international experience in the development of forms of government, the concept of developing a form of government in the Republic of Kazakhstan; disclosure of the essence of the model for the implementation of the principle of separation of state power in the transition from presidential to presidential-parliamentary form of government in the Republic of Kazakhstan.

Achievement of the set goals is carried out in the course of solving the following tasks:

To study the theoretical and legal foundations of the state regime and forms of government in the Republic of Kazakhstan as constituent elements of the form of the modern Kazakhstan state;

Analyze the foreign policy aspects of the formation of Kazakhstani statehood, its significance in the Eurasian context;

To study the system of public authorities of the Republic of Kazakhstan, the principles of the construction and functioning of this system, the features of the model of interaction between the authorities in the Republic of Kazakhstan;

Justify the role of the institution of presidency in the mechanism of separation of powers, its correlation with other institutions of state power;

Develop mechanisms of constitutional and legal regulation of the separation and interaction of powers as the basis for the stability of state power in the Republic of Kazakhstan;

Analyze the first results of the implementation in the Republic of Kazakhstan of the constitutional reform carried out in 2007;

Formulate suggestions for improvement legislative consolidation of a new model for building a system of public authorities in the Republic of Kazakhstan.

The methodological basis of the study is, first of all, an institutional approach to the analysis of various aspects of the formation and functioning of the system of state power in the Republic of Kazakhstan. Analysis of the history of the formation and the current state of the form of government of the Republic of Kazakhstan involves the use of various methods in assessing it and finding ways to resolve existing contradictions:

The integral method determined the optimal state of the public administration system of the Republic of Kazakhstan as a modern state designed to ensure the dynamic development of the economy and society;

The situational method was used to resolve specific issues and contradictions in the course of choosing a form of government in the Republic of Kazakhstan and improving the model for building a system of public authorities, the optimal delineation of powers between them;

The normative method was used in the analysis legislative acts, the study of changes in the constitutional and legal regulation of power relations;

The structural-functional method was applied in the development of proposals for improving the system of public authorities in the Republic of Kazakhstan.

The study of various aspects of the modern model of the form of government in the Republic of Kazakhstan is based on such methods of scientific knowledge as comparative legal, formal legal, sociological, theoretical and prognostic, etc. The comparative legal method was used when considering the current legislation of the Republic of Kazakhstan in comparison with models forms of government developing in the Russian Federation and other member states of the Commonwealth of Independent States; specific historical method - when analyzing the history of the formation of Kazakhstani statehood; theoretical and predictive method - when preparing recommendations on specific issues of legal practice and legislative work.

The combination of the above methods predetermined the appeal not only to urgent problems of constitutional law of the Republic of Kazakhstan, the Russian Federation, other countries of the Commonwealth of Independent States, but also to the theory of law and state, international, administrative, municipal and other branches of law, allowed, firstly, to assess the current state of the system of public authorities of the Republic of Kazakhstan; secondly, to correlate it with the plans and prospects for the development of Kazakhstani statehood; and thirdly, to develop legal procedures and legal mechanisms for their implementation.

The object of the dissertation research is constitutional and legal relations that develop in the formation of a system of public authorities in the Republic of Kazakhstan, in the mechanism of their functioning, interaction and control.

The subject of the research is constituted by constitutional and legal norms and practices that are formed in the process of exercising state power in the Republic of Kazakhstan, including the formation of a presidential form of government and its transformation in the course of constitutional reform into a presidential-parliamentary one; model of interaction between authorities in the exercise of state power in the Republic of Kazakhstan; evolution of constitutional and legal regulation of the organization and functioning of state power in the Republic of Kazakhstan and the main directions of its improvement.

The scientific novelty of the dissertation research is determined by the fact that it presents an analysis of constitutional and legal transformations in the Republic of Kazakhstan in the post-Soviet period of history, investigates the process of transition from a presidential to a parliamentary-presidential republic. The dissertation is one of the first comprehensive theoretical studies devoted to the analysis constitutional the foundations of building a system of public authorities in the modern period in the Republic of Kazakhstan. The work systematically considers the general theoretical problems of the state and legal development of Kazakhstan with the presentation of conclusions that are of practical importance for the development of the Kazakhstani model of the form of government.

The following main provisions and conclusions are submitted to the defense:

For the Republic of Kazakhstan, like other post-Soviet republics, in the conditions of a transitional time, it is most preferable constitutional model of the presidential form of government. In this regard, it was noted that the implementation of the capabilities of a strong presidential form of government can do everything possible to contribute not only to the evolutionary and politically verified implementation of the principle of separation of powers, but also to strengthen the role of the head of state as a national political leader, which can neutralize not only the powerful potential of authoritarianism in a transitional period , but also in every possible way to help the formation of an effective democratic political system of Kazakhstani society.

In addition, the presidential form of government allows integrating legislative and: ^ an additional branch of government into a single working mechanism based on a system of checks and balances, their effective interaction. The president, who has significant powers, should be guided by the parliamentary majority and build policy in accordance with this. Strong control powers, more effective control over the activities of the Government, etc. should become integral prerogatives of the Parliament.

The main and decisive advantage of the presidential form of government of the Republic of Kazakhstan, which made it legitimate in the eyes of Kazakhstani society, is the provision by the head of state of the country's political stability in the transition period. In the context of the collapse of the Soviet Union, which led to a crisis of state power as a whole, the formation of a political vacuum, a complete rupture of the country's legal continuity, the only correct and logical thing was the appeal of all strata of Kazakhstani society to a strong presidential power. During the period of the total crisis of the state power itself and the system of state administration, it was the presidential power that became almost the only embodiment of state sovereignty, preserving constitutional the nature of the political process, not allowing it to go beyond the legal framework. The formation of an effective presidential form of government also significantly weakened authoritarian tendencies, making it possible to avoid the establishment of a military-police dictatorship based on a state of emergency.

The dissertation gives the author's periodization of the formation and development of the form of government in the Republic of Kazakhstan. The dynamics of the transition from the Soviet Republic, based on the idea of sovereignty of the Soviets, combining the functions of executive and legislative powers, to a presidential republic, and since 2007, to a presidential-parliamentary republic, which implies adherence to the principle of separation of powers, the establishment of a legal social state in Kazakhstan ... It is substantiated that on May 21, 2007 Kazakhstan entered a new stage of its socio-political development.

Proposals for a more detailed legal regulation of the status and forms of activity of the Prime Minister of Kazakhstan in accordance with his role as an official endowed with wide and varied powers to resolve public affairs have been substantiated.

Proposals were formulated to improve the procedures and legal regulation of the formation and activities of executive authorities, in accordance with which it is necessary: a) to determine the system and structure of executive power in the Republic of Kazakhstan, to clarify the composition of the Government of the Republic of Kazakhstan (in the context of which heads of Government by position) and the procedure for its normative consolidation; b) to specify the legal status and legal regulation of differences between the types of executive authorities (ministry-agency); c) eliminate shortcomings in the procedure for giving consent by parliament to the appointment of the Prime Minister by the President, since the disagreement of the highest representative the body with the proposed candidacy entails the possibility of its dissolution, which actually gives this procedure a formal character; d) determine the mechanisms of government responsibility and strengthening control representative public authorities for executive authorities in accordance with the Constitution of the Republic of Kazakhstan, such responsibility and accountability must correspond to the model chosen by Kazakhstan " checks and balances"; e) it is necessary to give legislative determination of both the types of existing executive bodies and positions (such as minister, minister "without portfolio", head of the central executive a body not part of the Government).

The theoretical and practical significance of the work. The theoretical significance of the dissertation lies in the presentation of the concept of the development of the form of government of the Republic of Kazakhstan, carried out in the course of the analysis of general methodological aspects of the theory of state and law, the study of the peculiarities of the formation of the system of state power in the Republic of Kazakhstan in the course of the constitutional reform in 2007. Particular attention was paid to the structural and functional aspects of the implementation of the competence of public authorities of the Republic of Kazakhstan, management of this process, the search for new mechanisms and technologies for exercising the powers of these bodies, their staffing, as well as issues of improving the public administration system, avoiding duplication of the structures of presidential power with other state bodies.

The dissertation contains and substantiates recommendations for the development of a number of bills and the introduction of amendments and additions to the existing normative legal acts regulating the procedure for the formation and operation of public authorities of the State; The provisions, conclusions and proposals contained in the work on topical issues of state and legal development of the Republic of Kazakhstan form the necessary theoretical basis for substantiating practical measures to improve the mechanisms for building and functioning of the state power system in Kazakhstan, aimed at ensuring the stability of public administration.

A special area of practical application of the dissertation materials is the area legislative works. The recommendations directly imply the development of a number of draft laws on the development of the form of government and interaction of public authorities in the Republic of Kazakhstan. The dissertation research can be used in the process of teaching the theory and history of the state and

17 law, constitutional, international, administrative law, political science, and a number of other state and legal disciplines.

Approbation of research results. The main provisions of the work were approved and recommended for defense at the Department of Public Administration, Legal Support of State and Municipal Service of the Russian Academy of State Service under the President of the Russian Federation, reflected in monographs and other scientific publications of the dissertation candidate.

The structure of the work reflects the logic of the research. The dissertation consists of an introduction, five chapters, including nineteen paragraphs, a conclusion, a list of used normative legal sources and scientific literature.

Conclusion of the thesis on the topic "Constitutional law; municipal law", Mukhamedzhanov, Baurzhan Alimovich

Conclusion

With the acquisition of state sovereignty in Kazakhstan, essential transformations began in the economic, legal, and social spheres, which is impossible without cardinal reforms in the system of state power. The transition from a planned economy of a socialist type to a market economy with strong government regulation led to an awareness of the need not only to change the system of government bodies, but also to a significant reform of management mechanisms.

The basic principles of the independence and political system of Kazakhstan were proclaimed in the first Constitution, adopted in January 1993, and enshrined in the new Constitution, approved by a popular referendum in August 1995.

The fundamental principles of the activities of the Kazakh state are social harmony and political stability, economic development for the benefit of all the people, Kazakh patriotism, the solution of the most important issues of state life by democratic methods, including voting in a republican referendum or in parliament. The Republic of Kazakhstan is a unitary state with a presidential form of government. In Kazakhstan, ideological and political diversity is recognized, the merger of public and state institutions, the creation of organizations of political parties in state bodies, as well as illegal state interference in the affairs of public associations and public associations in the affairs of the state, imposing on public associations the functions of state bodies, state funding is not allowed public associations. State and private property is recognized and equally protected in Kazakhstan.

In Kazakhstan, the Kazakh language is the state language. In state organizations and local self-government bodies, the Russian language is officially used along with the Kazakh language. The state takes care of creating conditions for the study and development of the languages of the people of Kazakhstan. The Kazakhstani state respects the principles and norms of international law, pursues a policy of cooperation and good-neighborly relations between states, their equality and non-interference in each other's internal affairs, peaceful resolution of international disputes, refuses to use the first armed force.

The period of progressive reform of the political system of Kazakhstan has been going on for more than ten years. This is a sufficient period to objectively assess what has been achieved, given that the process of political transformations went on simultaneously with the creation of the foundations of Kazakhstan's statehood and radical reform of the country's economy. At the current stage of political transformations in Kazakhstan, there is an increasing need for further democratization of the political system, development of a systematic approach to the implementation of political reforms and imparting dynamism to them. At the same time, this need began to acquire an increasingly formalized and systemic character.

The main directions of development of Kazakhstan, improvement of the system of state power are enshrined in the long-term Development Strategy of the country "Kazakhstan 2030. Prosperity, security and improvement of the welfare of all Kazakhstanis". Among the most important tasks of Kazakhstan's development, the creation of an effective modern civil service and a public administration structure is directly named. Disclosure of the democratic essence of the presidential form of government elected by the Republic of Kazakhstan, analysis of the relevance of international experience of presidential power in Kazakhstan and study of its applicability to the modern practice of the Republic of Kazakhstan is the purpose of this work.

The need to further reform the political system of the country was voiced in the Address of the President of the Republic of Kazakhstan to the people of Kazakhstan “Kazakhstan is on the verge of a new leap forward in its development. The strategy of Kazakhstan's entry into the list of the fifty most competitive countries in the world. " As the Head of State noted, it is necessary to continue “large-scale political reforms in the country aimed at increasing the efficiency of the political system and state structure of Kazakhstan. It is necessary to harmoniously take into account both the general laws of building democratic and prosperous states, and the important cultural and historical features and traditions of our society. "

For example, if we turn to the experience of the countries of Southeast Asia, it can be noted that the combination of the conservatism of political traditions and the political elite with ethnic and cultural pluralism and religious tolerance inherent in the countries of Southeast Asia was, apparently, the main resource of modernization. and democratization of the countries of the region. During the process of political transit in the states of Southeast Asia, the concept “ Asian values", I.e. the statement about the fundamental incompatibility of democratic institutions with the traditions and norms of southeastern societies has undergone a significant revision. In this regard, it should be noted that in the process of modernization in Kazakhstan, not only the practice of developed countries is also taken into account, but also the specific civilization and cultural traditions of our country. Liberalization in the economic sphere, and partly in the political sphere, led to changes in the structure of society and the public consciousness of the country's population. The consequence of this was that Kazakhstan today has achieved serious results in the modernization of political life. The country is developing political institutions, holding free and open elections, ensuring political pluralism and a multi-party system. The foundations of an independent judicial system have been laid in Kazakhstan, freedom of speech is ensured and there is no censorship. The state is taking steps to fully ensure human rights and freedoms.

Therefore, in relation to the current stage of the formation of new democratic institutions in Kazakhstan, we can talk about the completion of the construction of the foundations of a liberal legal state and about the country's transition to the stage of consolidation of the existing political system. The institutional basis of democracy and a new correlation of political actors have already emerged, fundamental changes have taken place in the structure of government and legislative ensuring the activities of new political institutions.

As in other post-Soviet countries that entered the transitional stage of their development, the implementation of political reforms in Kazakhstan initially had its own specifics. This specificity was expressed in the fact that in the early 1990s, the transition to democracy in Kazakhstan began in difficult conditions, which could not but have a restraining effect on the liberalization of the country's political system.

Carrying out political transformations in Kazakhstan from the very beginning required building an effective management system at all levels of government. At the same time, the relationship between different levels of government had to be based on a national strategy with clear goals and objectives. Therefore, the decentralization of state power has become, first of all, political and administrative a priority in the program of political reforms in the country.

For a long time, the issue of decentralization of power was in a "frozen" state. One of the reasons for this was that in the 1990s, a strong centralization of state power was needed to build the foundations of a new statehood and carry out large-scale market reforms. However, at the moment this issue is being gradually resolved. For example, to date, the country has introduced and successfully tested the election of akims at the rural and regional levels. Elections in 49 districts and 10 cities of regional significance were held on October 20, 2006 in accordance with the Decree of the President of the Republic of Kazakhstan dated June 6, 2006 No. 130 "On holding elections of akims of districts, cities of regional significance of the Republic of Kazakhstan."

One of the features of the political transformation of Kazakhstan is that the initiator of reforms in the country is mostly the political elite. Civil society, until recently, did not show significant initiatives in this direction, the low socio-political activity of Kazakhstanis remained, their reliance on the initiative "from above". The high degree of political apathy of the Kazakh population, most likely, was due, first of all, to the fact that democratic values, recognized in principle, were not yet perceived by the mass consciousness as a real tool for solving problems facing society.

Nevertheless, over the years of political transformation of Kazakhstan, the degree of political participation of the country's citizens through the institution of democratic elections has increased markedly. In the nature of citizens' participation in the electoral process, there is a gradual transition from mobilization to democratic participation. If in the first years of reforms the initiative for broad participation of citizens in the electoral process came entirely from the “top”, in recent years it began to partially come from “below”.

The increased participation of citizens in competitive elections in recent years has become possible thanks to the establishment of party pluralism in the country. The introduction of a mixed electoral system contributed to the fact that political parties and socio-political movements have become the most widespread agents of activating the country's population in the electoral process in recent years. In addition, the intensification of the work of political parties in connection with the development of new party legislation contributes to an increase in the political activity of citizens.

Taking into account the opinion of the public, the mechanisms for exercising democracy by the people are also being optimized in Kazakhstan. Thus, with the participation of all interested republican public and international organizations, proposals were developed to improve the electoral system, which have already formed the basis of the adopted law on amendments and additions to the current electoral legislation.

Until recently, there was a slight lag in the pace of political reforms in the country from the pace of economic transformations. This was largely due to the fact that in the first years of transformation, the main priority in carrying out systemic reforms was given to the liberalization of the country's economy. In recent years, this circumstance has become the reason for a revision of approaches to the implementation of systemic reforms.

The main goal of the state is to serve the interests of citizens, to ensure the realization of their rights and legitimate interests.

The experience of two countries such as the Republic of Kazakhstan and the Russian Federation shows that when carrying out reforms there is a common algorithm of actions, a single level of modern tasks and goals. This means that other states facing the need to carry out full-scale changes can and should use international experience in carrying out reforms. Moreover, many of the problems that both countries are facing today are of a global nature and find their manifestation all over the world.

Despite the different socio-economic and political situation, both Kazakhstan and Russia are carrying out their transformations, guided by considerations of pragmatism. The ultimate goals of the reforms lie in achieving a new, high level of development of these states, increasing wealth, increasing the well-being of citizens. All components of full-scale changes, including such as the denationalization of industry and agriculture or social reform, are aimed at increasing the competitiveness of economies, giving business activity to citizens and firms. It is in the mainstream of the national economic transformations that are carried out in both countries and administrative reforms. This is a very important position: the market interests are at the heart of the transformation of the power system. Therefore, new requirements are imposed on state institutions, such as to achieve efficiency, rationality, cost reduction, etc.

Both countries see the success of the reforms being carried out primarily in improving the well-being of citizens. Therefore, this indicator is the criterion for the effectiveness of states and the reforms being carried out. Not only large firms and consortia should feel the beneficial results of the changes, but above all the philistine, the average person, whose position is the measure of the quality of these transformations. The modernization of the state, therefore, has as its goal not to protect the interests of the oligarchs (we use Russian terminology here), but the masses of the population, the majority of the country's inhabitants, voters, in whose hands the political future of the leaders carrying out the reforms.

The well-being of citizens is closely linked to their labor efforts. Freedom of entrepreneurship acts here as a guarantor of economic viability and activity of the population.

The state is not assigned a secondary role in these processes. Both Russia and Kazakhstan are convinced that the formation and development of the market is an important task for government institutions. It is with their help that competitive, fair conditions for the functioning of the economy can be established in society, which will be accepted as the rules of the game by all members of society. To this end, the above countries are consistently improving the legal foundations of economic and social policy in order to maximally de-bureaucratize the apparatus, to contribute to the creation of compact, clear legislation.

The entire management system today should be aimed at encouraging the economic independence of the population. Labor policy is the main focus of the leaders of different countries. On employment issues, they make policy statements; decisions of the highest collegial bodies are devoted to this.

Among the problems lying on the surface are tax cuts, the exemption of entrepreneurs and citizens from other payments not due to economic and state necessity. To carry out this work, it is important to analyze the structure of wages in the country, assess the efficiency of production.

The state must become closer to citizens. This means the transfer of the maximum amount of authority from the central government to the local government. Both Russia and Kazakhstan lead their administrative reforms to ensure that the lower "levels" of power are effective, solve the problems of their territories, develop independently and in the interests of the people.

Abroad, economic methods are actively used to assess the performance of the state apparatus. In both Russia and Kazakhstan, the number of ministries and departments is being radically reduced, the internal structures of these units are being simplified, and the number of officials is being reduced to the required minimum. The share of employee costs in the overall structure of management costs has been steadily declining.

Much attention in both countries is paid to new personnel technologies to improve the work of the civil service. The policy is based on the desire to reward only those officials who have the necessary knowledge and skills to work in the state system, whose qualifications meet the requirements for the position.

The modernization of states is carried out with the use of new informational capabilities that exist today. The ideas of e-government as significantly reducing the social distance between the government and society are already being introduced into practice.

The potential of both Russia and Kazakhstan, combined with purposeful efforts to improve state and public structures, gives them the opportunity to take leading positions in the world in the future.

Today Kazakhstan is on the verge of a new stage of political modernization. The main goal of the political reforms carried out in Kazakhstan was initially aimed at building a democratic state with a developed civil society, which, in turn, are possible only on the basis of an efficiently functioning market economy. And we can safely say that this goal is quite achievable for our country, which is demonstrated by the results of the work already done in this direction.

List of dissertation research literature Doctor of Law Mukhamedzhanov, Baurzhan Alimovich, 2007

1. Documents and regulatory legal acts of the Republic 1. Kazakhstan

2. The Constitution of the Republic of Kazakhstan. Comment / Sub. ed. Sapargalieva G.S. Almaty: Zhe-n zargy, 1998.S. 316.

3. Bulletin of the Supreme Council of the Republic of Kazakhstan. 1993. No. 8. Art. 202.

4. Collection of acts of the President and the Government of the Republic of Kazakhstan. 1996. No. 48. Art. 464.

5. Laws and resolutions adopted at the eleventh session of the Supreme Council of the Republic of Kazakhstan of the twelfth convocation (October 12-28, December 8-13, 1993). Almaty: Edition of the Supreme Council of the Republic of Kazakhstan. 1993.S. 477.

6. Decree of the President of the Republic of Kazakhstan dated February 10, 2000 “ On the approval of the Military doctrine of the Republic of Kazakhstan"// SAPP.

7. Decree of the President of the Republic of Kazakhstan dated September 27, 1999, No. 217 "On approval of the Consular Charter of the Republic of Kazakhstan" // SAPP, 1999. No. 47. P. 430.

8. Law of the Republic of Kazakhstan dated June 29, 1998 "On the accession of the Republic of Kazakhstan to the Convention against Torture and Other Cruel, Inhuman and Degrading Punishment Treatment" // Bulletin of the Parliament of the Republic of Kazakhstan. 1998. Art. 187, p. 1 12.

9. Law of the Republic of Kazakhstan dated June 29, 1998 "On the accession of the Republic of Kazakhstan to the Convention on the Elimination of All Forms of Discrimination against Women" // Bulletin of the Parliament of the Republic of Kazakhstan. 1998. No. 11-12. Art. 188.

10. Bulletin of the Parliament of the Republic of Kazakhstan. 1998. No. 23. Art. 426.

11.Kazakhstan (January 3, 1996 - August 23, 1996): Edition of the Parliament of the Republic of Kazakhstan, Almaty, 1996, p. 395.

12. The concept of socio-cultural development of the Republic of Kazakhstan. Almaty, 1993.S. 23.

13. Nazarbayev N. Ten years equal to a century: Entry of the President of the country at the solemn meeting dedicated to the 10th anniversary of independence of the Republic of Kazakhstan, December 16, 2001 // Kazakhstanskaya Pravda, December 17, 2001.

14. Main directions of domestic and foreign policy for 2004. Message from the President to the people of Kazakhstan. Astana, April 4, 2003. // Kazakhstanskaya Pravda. 2003, April 5.

16. Nazarbayev N. Our constitution is a conscious choice of the people of Kazakhstan // “ Kazakhstanskaya Pravda". 2002.30 August.

17. Constitutions of the CIS countries. Almaty: Zhet1 Zhargy, 1999.S. 88, 94, 204,217,1 .. Documents and regulatory legal acts of the Russian Federation

18. The Constitution of the Russian Federation. M .: Legal Literature, 1993 .-- 96 p.

19. Constitution of the USSR in 1924.

20. The Constitution of the USSR in 1936.

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