The constitutional law of the Republic of Kazakhstan

Constitutional law serves the foundation for the national system of legislation. Its progressive development is based on the principles and norms of the existing Constitution of Kazakhstan, which was significantly improved as a result of the constitutional reform that took place in 2007.

Ideas and principles anchored in the Constitution set long-term directions and mechanisms for development of the national legal system, including the constitutional law. Therefore the primary goal is to implement the principles and provisions of the Constitution in the activities of state bodies and its officials, ensuring direct effect of the Constitution, as well as realization of its potential through the current legislation and law enforcement practice.

Observance and implementation of fundamental principles of country’s development proclaimed in the Constitution (such as social harmony and political stability, economic development for the benefit of entire nation, Kazakhstani patriotism, resolution of the most important political issues using democratic methods) will allow ensuring sustainable socio-economic and political-legal development of the country.

Foundations of the constitutional order of the Republic of Kazakhstan, sovereignty and unity of the state will be strengthened through improvement of constitutional law and its enforcement practices. Progressive development of constitutional law is related to improvement of current constitutional laws determining the structure of governance, the unity of state power, the mechanisms of functioning of its branches and their interaction and inter-relation guided by strategic leadership, control, and arbitrage by publicly elected President of the Republic of Kazakhstan.

Increasing the effectiveness of the activities of Constitutional Council and comprehensive practical implementation of its regulatory provisions in country’s legal policy is one of the most important mechanisms in maintaining the climate of constitutional order and rule of law, setting directions for development of national legislation and law enforcement practice.

In the process of further establishment of principles of state governed by the

rule of law, on one hand, it is necessary to strive for ensuring the exercise of constitutional rights and freedoms of citizens, and, on the other hand, to guarantee unconditional and comprehensive implementation of constitutional liabilities by all state bodies, public officials, citizens, and organizations.

To secure the exercise of human rights and freedoms it is of outmost importance to create necessary conditions guaranteeing the equality of rights and freedoms regardless of origin, social, professional, or financial status, gender, race, ethnicity, language, religious affiliation, beliefs, place of residence or any other circumstances, as envisaged in our Constitution.

Within this context there will be an increase in the role of legal mechanisms designed to maintain and support interethnic concord, to ensure unity of multinational people of Kazakhstan.

Kazakhstan is a secular state enjoying inter-confessional peace and harmony, where rights of believers and nonbelievers are equally respected and observed. The state does not interfere into the area of religious activity, though it should secure relevant interaction with existing confessions and protect the right of citizens to freedom of religion. This requires establishment of effective state policy in this sphere.

Legal system requires further improvement, observance and unified implementation of legislation on freedom of religion and belief, especially in regards to regulation of missionary activity, distribution of religious materials, and registration of religious associations. In present conditions an increased role will be played by the observance of gender equality in public and social life, as well as ensuring of equal rights and opportunities for men and women.

Consistent and sustainable development of Kazakhstan as a dynamic, modern country with high living standards are only possible on the basis of promotion of human potential, growth of entrepreneurship, and capacity building of civil society institutions.

In this connection the state system requires legal instruments giving additional stimuli to the development of civil society institutions and to the possibility of implementation of civil initiatives. It is necessary to increase the status of nongovernmental organizations; mechanisms of legal regulation should consider the specifics of activities of non-governmental organizations, as well as be supplemented by governmental support of public associations.

It is also necessary to improve the system of regulation pertaining to the area of information. In general this area and the mechanisms of its legal regulation should be aimed at promotion of freedom of speech, free acquisition and distribution of information using any mean not forbidden by law, with due consideration of constitutional rights for inviolability of private life, 6 family secret, secrecy of correspondence, telephone communications and other messages, as well as the observance of legal requirement towards state secrets.

Development of civil initiatives is closely related to the issues of local governance. This institution placed at the junction of state and civil society also required support and development. In particular, given the acquired experience it is important not only to distinguish between state government and local governance, but also actively involve the bodies of local self-governance to participation in the execution of state functions that have local significance. In order to establish an effective system of state governance and local self-governance this work should be carried out simultaneously with further delimitation of spheres of activity, functions and responsibilities among different levels of state power.

Дата добавления: 2014-10-17