Essential Points Regarding Kazakhstan's Legal Framework
In the heart of Central Asia, Kazakhstan has undergone significant political changes, most notably in its constitutional structure. The country adopted its first Constitution in 1993, shortly after gaining independence, and underwent a major revision in 1995.
The Kazakhstan Constitution, consisting of nine chapters and 99 articles, was drafted by a commission led by the "State Commission for the Preparation of the Draft of the New Constitution of the Republic of Kazakhstan." The process involved extensive research, with legal experts and state leaders studying over 20 constitutions worldwide, including France's, to create a comprehensive and modern document.
Initially, the Constitution established a strong presidency, as outlined in Article 44. However, in 1998, the presidential term was extended from five to seven years. In 2017, some presidential powers were transferred to the Parliament and the government, and in 2022, the country observed a significant shift toward a presidential-parliamentary system with limited presidential powers.
The presidential term was reduced back to five years in 2007. In the same year, the law restricted the right of presidents from party membership while in office, a move aimed at ensuring a separation of powers. The most recent amendments in 2022 reinstated the Constitutional Court and expanded human rights protections.
The Constitution guarantees equality regardless of nationality and safeguards the right to use native languages. It also places a strong emphasis on human rights, sovereignty, territorial integrity, and the rule of law, principles that are unshakable constitutional principles.
Citizens' rights and freedoms are at the core, with 27 articles devoted to them. Article 27, for instance, establishes state protections for family, motherhood, fatherhood, and childhood. Environmental protection is another notable commitment, with Article 31 obliging the state to safeguard the environment.
The Constitution is bilingual, with the Kazakh version running longer than the Russian. The preamble sets the nation's aspirations, including freedom, equality, harmony, civil peace, patriotism, multiethnic unity, democracy, and prosperity.
In 1995, a new version of the Constitution was approved through a referendum, with more than three million citizens participating in public discussion and submitting around 30,000 proposals. The main reason for the adoption of a new Constitution was to address contradictions, establish a clear separation of powers, and prevent institutional crises in the earlier document.
Unusual celebrations include a five-meter-wide pizza baked in honor of Constitution Day in 2013. Another institution designed to foster interethnic dialogue and preserve harmony is the Assembly of the People of Kazakhstan.
In conclusion, Kazakhstan's Constitution, with its evolution over the years, reflects the country's commitment to democracy, human rights, and the rule of law. It serves as a testament to the nation's aspirations for freedom, equality, and prosperity.
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