The Constitution is the Basis of Successful Development of Kazakhstan

Kazakhstan has celebrated the 25th anniversary of the current Constitution of the Republic, which is the basis for the successful development of the country. State structures, law enforcement agencies, all legal responsibility organs summed up the work of our Constitution, assessing its political and legal significance, problems, and prospects of development and implementation of its provisions.

The leaders of the state have repeatedly noted the historical importance of the Constitution of the Republic of Kazakhstan as the basis for progressive economic, political, and social development of the country. The President of the Republic of Kazakhstan Kassym-Jomart Tokayev emphasizes: «The Constitution of Kazakhstan, having absorbed the best world experience and practice, as well as historical and national traditions, serves as a solid foundation of unity of the people and Independence of our state».

The importance of the Constitution as a historical document and normative act underlying the progressive movement of Kazakhstan in all spheres of society have been emphasized by state officials, leading scientists, representatives of the higher education community of the Republic, teachers, and students. Rector of Al-Farabi Kazakh National University, academician G.M.Mutanov noted: «The Constitution of the Republic of Kazakhstan has established the necessary legal basis due to which the effective model of the modern market economy was created in the Republic, political stability and interethnic consent was provided, and the system of protection and observance of rights and freedoms of citizens was established in the society, ideological values of formation of Kazakhstan patriotism and unity of Kazakhstan nation were defined». 

As the President of the Venice Commission of the Council of Europe Gianni Buquicchio noted: «The Constitution of Kazakhstan is an excellent document, well-thought-out, acting and meeting international standards. The Constitution should develop in a consistent manner, which is what is happening in your country. Of course, there are still moments to work on, particularly in terms of political pluralism. The Constitution should unite the people, not divide them, and there is a clear understanding of that in Kazakhstan».

The current Constitution was adopted in 1995 by a national referendum. The main ideological inspirer of the 1995 Constitution, as well as the previous Constitution of 1993, was the First President of the Republic of Kazakhstan N.A.Nazarbayev. «The Constitution of the country allowed to pass a long way connected not only with deep economic but also with political transformations», he emphasized. – This is evidenced by the new national legislation of sovereign Kazakhstan. It is with its help that over the years we have created a solid foundation for the transformation of Kazakhstan into a country with real democratic institutions, where the rights and freedoms of citizens are guaranteed».

The Constitution of the Republic of Kazakhstan is the main, primary normative act of the state and society, which has taken the path of democratic, civilized development. The Constitution contains a huge political and legal charge, which covers all aspects of public life. As the core of the entire legal system, it legally establishes the most important principles that are the starting point for various branches of law. It has supreme legal force, all laws and other acts of state bodies are issued on the basis of and in accordance with it.

An important component of the mechanism for the protection of citizens’ rights is the procedure stipulated by Article 78 of the Constitution. If a Court finds that a law or other normative legal act to be applied infringes on human and citizen’s rights and freedoms, it is obliged to suspend the proceedings and apply to the Constitutional Council of the Republic of Kazakhstan with a view to declaring this act unconstitutional.

The Constitution of the Republic of Kazakhstan establishes that Kazakhstan is a democratic, legal and social state. One of the main obstacles to the establishment of legal statehood is such social evil as corruption. In this regard, the leader of the nation – N.A. Nazarbayev Yelbasy stated one of the ten tasks facing the country during the Fourth Industrial Revolution, fighting corruption and ensuring the rule of law. The same ideas permeate all the speeches of the current President of the Republic of Kazakhstan K-J. Tokayev, which is especially evident in his idea of a «hearing state» that cares about its citizens, conducts a wide range of measures to combat corruption, to create a decent society.

The Constitution of the Republic of Kazakhstan is the central, basic component of the developing constitutionalism in Kazakhstan. It is impossible to build a democratic state based on the rule of law without a real implementation of the provisions of the Constitution.

Baideldinov D.L.

Dean of Law Faculty, KazNU

Al-Farabi, Ph.D., Professor

Baimakhanova D.M.

Professor, Department of

Theory and History of State and Law,

Constitutional and Administrative Law,

KazNU Al-Farabi, D.J.S.