Kazakhstan Forms a New Constitutional Model of the State After the Referendum

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Kazakhstan after the referendum is forming a new constitutional model of the state

Professor Zainidin Kurmanov shares his opinion on the redistribution of powers between branches of government and the strengthening of the system of checks and balances



The recent referendum in Kazakhstan, aimed at amending the Constitution, was an important step in the process of updating the constitution and revising the distribution of powers among key state institutions. Experts are actively discussing the implications of these changes for the political and institutional structure of the country.


Professor Zainidin Kurmanov, Doctor of Historical Sciences, shared his views on what innovations the updated constitutional model entails and how they may affect the governance system of the state.


According to him, the new governance model in Kazakhstan is aimed at moving away from personalized management and transitioning to a presidential republic with a more active parliament. This implies the creation of a more balanced power structure, where powers are distributed among various state institutions.


The expert emphasizes that one of the main tasks of the reforms is the deconcentration of presidential power. This includes a voluntary limitation of presidential powers to avoid their excessive concentration. The new Constitution provides for a single presidential term of seven years without the possibility of re-election.


Additionally, the independence of the presidency from political parties is strengthened. Under the new rules, the president is not allowed to be a member of any party while in office. Furthermore, close relatives of the president are prohibited from holding leadership positions in state and quasi-state structures.


The reform also focuses on enhancing the role of the parliament and maslikhats. According to Kurmanov, the new model envisions the creation of a more effective system of checks and balances through the strengthening of legislative power. In this context, a mixed electoral system is introduced, allowing independent candidates and activists to participate in the political process. The process of registering political parties is simplified, and the threshold for their creation is lowered, which should help develop political competition and a multiparty system.


A separate area of reform concerns the human rights sphere. The updated Constitution will be aimed at strengthening guarantees of citizens' rights and increasing their protection opportunities. A Constitutional Court will be reestablished in Kazakhstan, where citizens can file complaints about unconstitutional laws and regulations. The status of an ombudsman will also be introduced, who will have immunity and greater independence from the executive branch. Furthermore, the death penalty will be completely abolished.


Another important part of the reforms is the gradual move away from strict centralization of governance. This includes expanding local self-government and strengthening the role of regional authorities. For example, direct elections of akims of districts and cities of regional significance are introduced, which, according to the expert, will increase the accountability of local authorities to the population.


Moreover, the updated Constitution states that land and subsoil resources belong to the people, and the state manages them on behalf of the people.


Thus, the expert concludes, the proposed changes create institutional foundations for a new political model of Kazakhstan, and the main question lies in their practical implementation.

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