How did national discussion of amendments to Constitution take place in Kazakhstan? (REVIEW)
A month ago, on January 26, the official mass media published an order of the President of Kazakhstan "On the national discussion of the draft Law of Kazakhstan "On amendments and additions to the Constitution of Kazakhstan", as well as the draft Law "On introducing amendments and additions to the Constitution of Kazakhstan".
The order of the President of Kazakhstan
Nursultan Nazarbayev ordered to bring to the public discussion the draft law "On amendments and additions to the Constitution of Kazakhstan" providing a number of exemptions from the law in force in the part of President's powers. The public discussion of amendments to the Constitution of Kazakhstan ended on 26 February.
It should be noted that according to the proposed amendments the President will consult with the factions of the political parties represented in the Majilis on the candidature of the Prime Minister and then will bring it to the House for consent and only then the President will appoint the Prime Minister. Also, presumably, the Head of State will determine the structure of the Government, to appoint and dismiss the Ministers on the proposal of the Prime Minister, who first will consult with the Majilis.
The bill proposed that the President dismisses the member of the Government after an appropriate treatment of the majority of the deputies of the House, caused by the failure of the laws by the Minister. However, the President will be able to appoint and dismiss the Ministers of Foreign Affairs and Defense by himself, according to the bill.
As prescribed in the draft law, the oath of the Ministers is taken by the President and "the President presides over meetings of the Government, if necessary, for particularly important issues; annuls or suspends completely or partially the acts of the Governors and Mayors".
According to the offered changes, the Head of state sends appeals to the Constitutional Council about consideration of the entered by law or other legal act on compliance of the Constitution of the Republic, about making the conclusion in a case, stipulated in Item 3 articles 91 of the Constitution of the Republic of Kazakhstan. Determines priority of consideration of drafts of laws, meaning that the relevant bills shall be adopted in a first-priority order during present session of parliament.
"Governors of regions, cities of republican value and the capital are appointed to a position by the President of the republic with the consent of maslikhat according to areas, the cities of republican value and the capital. Akims of other administrative and territorial units are appointed or elected to a position in the order determined by the law. The president of the republic has the right to dismiss at discretion governors," one of expected amendments says.
Let's note that approval of state programs of the Republic of Kazakhstan, approval of single system of financing and compensation of workers for all bodies containing at the expense of the government budget of the country are excluded from functions of the President of Kazakhstan.
It is supposed that the government will become collegial body and in the activities it will be responsible before the President, Majilis and parliament.
According to the offered changes, the government develops the main directions of social and economic policy of the state, its defense capability, safety, ensuring public order and will organize their implementation, and also, in coordination with the President of the country, approves state programs and provides their execution.
"Forms, abolishes and will reorganize the central executive bodies which aren't a part of the government, appoints to a position and dismisses their heads.
In coordination with the President of Kazakhstan approves single system of financing of compensation of workers for all bodies containing at the expense of the government budget," it is offered in the changes submitted for national discussion in the Constitution of Kazakhstan.
In addition, the government reports on the President and Majilis on the main activities of the government and on all its major decisions. The government resigns the authority before newly elected Majilis.
According to the offered changes, the parliament is given the right at the initiative of at least one third of total number of deputies of chamber to hear reports of members of the government of the country concerning their activities.
"Following the results of hearing of the report the majority at least than two thirds of voices of total number of deputies of chamber has the right to accept the address to the President of the Republic about dismissal of the member of the government in case of non-execution of laws of the Republic by it. In this case the President of the Republic dismisses the member of the government," expected amendments say.
Creation of a working group
In connection with the address of the Head of state about distribution of powers between branches of the power the working group which analysed provisions in the Constitution on powers of the President, parliament, government, judicial and law-enforcement system was created. Offers on modification and additions in the Constitution which were very attentively discussed together with the Head of state were as a result prepared, and then submitted for national discussion.
As experts noted during the meeting of a working group, the constitutional reform will promote further promotion of Kazakhstan on the way of creation of the developed democracy. At the same time more active part in life of the country will be taken by parliament, and, therefore, each citizen, interacting as the voter, with deputies, and will participate more in government.
On February 10 in Akorda the third meeting of a working group on questions of redistribution of powers between branches of the government formed by the decision of the President of Kazakhstan took place. Intermediate results of national discussion of the bill "On Modification and Additions in the Constitution of the Republic of Kazakhstan" were discussed at a meeting.
Basic provisions of the bill submitted by the Head of state for national discussion in general are supported by citizens of Kazakhstan. At the same time from citizens of the country more than 500 offers on strengthening of a role of parliament, responsibility of government and regional authorities, activities of law-enforcement and judicial systems, and also concerning the property rights arrived.
What do experts advise?
A number of experts shared the opinion concerning the offered changes. So according to the head of advisory council of Baku Network, the doctor of philosophy, the political scientist Elkhan Aleskerov, the next reform planned in Kazakhstan is an important and crucial decision from the point of view of further increase in efficiency of the government of this country. According to him, on January 25, 2017 the President of Kazakhstan declared in the address to the Kazakhstan people about a new stage of reforming of powers of three branches of the power. The next reform planned in Kazakhstan - important and crucial decision from the point of view of further increase in efficiency of the government.
According to the expert from Uzbekistan V. Kapustin, redistribution of the power is an important element of management.
"Now each political system needs fixed updating and if it doesn't occur, then she quits the stage. For this reason the President of Kazakhstan Nursultan Nazarbayev periodically makes formatting of the power, reset of its basic elements. This initiative about redistribution is also such control point," Kapustin says.
In turn, the French politician Alain Nery noted that Kazakhstan continues the way of democracy, and to it new opportunities for peacekeeping activities open.
"Today we see how in Kazakhstan headed by the President Nursultan Nazarbayev there are democratic processes where more place is allocated to parliament and the government – more large powers are conferred to them. This proof that the country continues the way to democracy, freedom and, as a result, new great opportunities for those peacekeeping activities which Kazakhstan carries out to a name of world peace open," the expert says.
The constitutional reform in Kazakhstan is a political democratization in general, and creation of more effective, steady and modern management system. Such opinion was expressed by foreign experts, commenting on the decision of the President of Kazakhstan on redistribution of powers between branches of the power.
Last week Akorda held a meeting of the working group on the redistribution of powers between the branches of the government.
During the meeting, there was a high level of interest in the society to the constitutional reform initiated by the Head of State. The working group received about three thousand calls with proposals to enhance the role of the Parliament, Government's responsibility and local authorities, improvement of law enforcement and judicial systems, as well as on property rights.
These proposals affect both the constitutional powers of the President and powers established by the laws of the country.
Working group’s members summarize and consider all proposals received. This work attracted domestic and foreign experts, relevant state authorities.
As a result of the public discussion the draft law "On amendments and additions to the Constitution of the Republic of Kazakhstan" will be finalized and submitted to the Head of State.