The Republic of Kazakhstan is a presidential form of government. Form of government of the Republic of Kazakhstan: constitutional model and practice of public administration Mukhamedzhanov Baurzhan Alimovich

Kazakhstan is large state on the territory of the post-Soviet space. What is known about this country? What form of government is established in Kazakhstan, what are its features? territorial structure? Based on this article, answers to all will be provided current issues about the structure of the Kazakh state.

General characteristics of the Republic of Kazakhstan (RK)

According to the first article of the Kazakh Constitution, the Republic of Kazakhstan is a democratic, unitary and social-legal state with a presidential form of government. Kazakhstan adopted the basic law of the country. Two years later, a new Constitution was adopted. In 1998, a number of major amendments and changes were made to it.

The state structure of the Kazakh Republic is based on the principle of separation of powers. All government bodies belong to one of three branches: legislative, judicial or executive. The President is not dependent on any branch.

The Kazakh state is divided into regions. In total, there are 14 regions and 2 cities of republican significance in the country - Alma-Ata and the capital Astana. There is also Baikonur, a city with a special status, which is temporarily leased by the Russian Federation. The population of Kazakhstan is 18 million people.

Form of government in Kazakhstan

What is a "form of government"? The European theory of state and law states that this is the organization of power in the country. The form of government characterizes the relationship between government bodies. An idea of ​​the vertical-horizontal system of relations is given.

In the Republic of Kazakhstan, the form of government is called semi-presidential or mixed. To what extent does the Kazakh system coincide with the classical republican one, such as in the USA? Of course, Kazakhstan is far from the American system. During the development of the Constitution and the formation government structure in the early 90s it was taken as a basis French model. It must be said that the very formation of today’s form of government in Kazakhstan took place in several stages. Each stage of development will be discussed in detail below.

The formation of a semi-presidential form of government in the Republic of Kazakhstan

In April 1990, the post of head of state, that is, president, was established. The first President was elected by people's representatives - members of the Supreme Kazakh Council. His rights were largely limited by the powers of the President of the USSR and the Council of Ministers. By the way, the ministers themselves were vested with powers from the Supreme Council.

In November 1990, many changes were made to the Constitution of the Kazakh SSR. The status of the head of state was strengthened. From now on, he became not just the formal head of the republic, but also the chairman of the administrative and executive powers. The Ministerial Council was transformed into the Cabinet of Ministers. He was formed by the head of state. In December 1991, the first elections of the Kazakh President took place. In the same month, the independence of Kazakhstan was proclaimed. The President becomes independent from the Soviet heads of state. On January 28, 1993, the first Kazakhstan Constitution was adopted, which proclaimed the principles of democracy, secularism, separation of powers and priority legal framework. The President becomes the sole head of state and chairman of the executive branch of Kazakhstan. What form of government was established in the country according to the Constitution? If the President was appointed head of the executive branch, then presidential rule was established in the country. It existed until 1995.

Change of form of government

Until August 30, 1995, a rule was in force in the Republic of Kazakhstan according to which the Government was formed by order of the head of state. Also, the president could delegate powers to the prime minister, as well as a number of executive ministers. However, this already required the consent of the Supreme Council.

In December 1993, the President was given the opportunity to delegate additional powers to the heads of local administrations. This measure was taken due to the massive self-dissolution of members of the Supreme Council. In the spring of 1994, the first Kazakhstani Parliament was formed - the Supreme Council of the 13th convocation. A year later, he was declared illegitimate by presidential decree.

For six months, Kazakhstan did not have a legislative body. Only in the summer of 1995 was the text of the second state Constitution developed. According to its provisions, the President was declared equidistant from all branches of government. He was also given the status of arbitrator. A presidential form of government was established in Kazakhstan.

Currently, the 1995 standards have a slightly modified form. Thus, three years after the adoption of the second Constitution, the powers of Parliament were expanded. The rights of the President have changed somewhat. In 2007, amendments were made to the Constitution. The government must be formed in accordance with the party majority of the Mazhilis, the lower house of the Kazakh Parliament. This norm approved the final transition to a mixed republic.

About the President of Kazakhstan

Having dealt with the question of what form of government is established in Kazakhstan this moment, we should move on to a detailed study of each government body, which makes up the management system in the country. However, we should start with the President - the head of the Kazakh state.

The President of the Republic of Kazakhstan is the highest official. It is he who determines the main directions of external and domestic policy, and also ensures the functioning of all government agencies. Finally, the head of the Kazakh state is the supreme commander in chief of the country.

The main powers of the President include the creation and promulgation of laws, the dissolution of Parliament, the empowerment of certain officials, and the conduct of international negotiations. The remaining functions of the head of state of the Republic of Kazakhstan are fixed in the Constitution. from 1990 to the present day - this is Nursultan Nazarbayev.

Government

The Kazakh executive body is headed by the Prime Minister. He is appointed by the head of state with the consent of Parliament. The powers of the Government include the following:

• legislative activity within the framework of its powers;
• development of socio-economic, defense and social programs;
• management of state property;
• granting powers to certain officials;
• development of measures foreign policy RK;
• performance of other functions and powers recorded in the Kazakhstan Constitution.

The government of Kazakhstan resigns its powers only after the election of the head of state. The executive branch is fully accountable to him.

Legislature

The main legislative body in Kazakhstan is the Parliament. It has a bicameral structure. It includes the Senate, formed for a period of six years, and the Mazhilis. The Senate consists of 47 members. 32 of them are elected by representative regional bodies - 2 representatives from each region. The remaining 15 people are vested with powers by order of the President. The Senate is the upper parliamentary house. The main purpose is to consider bills adopted by the Mazhilis.

The Mazhilis is the lower parliamentary house. This body is elected for 5 years. The powers of this chamber include approving the country's budget, resolving issues of peace and war, ratifying international treaties and much more.

Judicial branch

The court system is also an element of the mixed form of government in Kazakhstan. The features and principles of the structure of the judicial system in the Republic of Kazakhstan are regulated by the Constitution.

The highest judicial body in the country is called the Supreme Court. Its chairman and judges are appointed by the Senate on the proposal of the President. There is also the Supreme Judicial Council, a society responsible for funding all courts, presenting candidates, and overseeing the judicial system.

In the Republic of Kazakhstan there is a Constitutional Council, whose responsibilities include exercising the functions of the Constitutional Court. The Council is not part of the judicial system.

State structure in the Republic of Kazakhstan

Having understood that Kazakhstan is a presidential-parliamentary (mixed) form of government, we should begin to study the territorial structure of the state. The Kazakh Constitution states that the country is unitary. This means that the Republic of Kazakhstan is an indivisible state with one budget and a single tax system. All administrative-territorial units in the country do not have independence, but are entirely dependent on the center.

There is a single system of power in the Republic of Kazakhstan: there is one President, a single Government and Parliament. The tax, credit and monetary systems are also centralized and therefore cannot have local sovereignty.

Thus, the Constitution of Kazakhstan does not imply vesting regions with a certain share of sovereignty, as is provided, for example, in the USA or Russia. In the state in question, everything is unified and strictly centralized.

Administrative structure of the Republic of Kazakhstan

The Republic of Kazakhstan is divided into regions and districts. There are 14 regions in the country, and districts are located within each region. Almaty and Astana are cities of republican significance, with Astana being the state capital. The remaining 14 regions are named as follows:

• West Kazakhstan, South Kazakhstan, East Kazakhstan and North Kazakhstan regions;
• Akmola, Almaty, Zhambyl, Kostanay, Atyrau, Karaganda, Pavlodar, Kyzylorda, Aktobe and Mangistau regions.

In total, in Kazakhstan regions there are 11 urban and 160 rural districts, as well as 46 cities. There are 2,453 rural districts in the country. Before joining the Russian Empire at the beginning of the 19th century, Kazakhstan consisted of 11 regions. The state itself was called the Kazakh Khanate. Included Russian Empire Kazakhstan included the Trans-Caspian and Ural region. At the same time, the Bukey Horde in 1801-1845. was part of the Astrakhan province.

The form of government and the form of government in Kazakhstan have changed more than once over the thousand-year history of the country. The board was finally formed only in 2007, when major amendments were made to the Constitution. The process of state structure was completed by 2001 - then the center of the Almaty region was moved to Taldykorgan.

Economic condition of the Republic of Kazakhstan

The characteristics of the territorial structure and form of government of Kazakhstan should be supplemented with information on the financial and economic state of the state.

The national currency in the country is the tenge. The Ministry of Budget Planning and Economic Condition is responsible in Kazakhstan for the formation of financial and economic relations, as well as for their development. The first bank in the country is called the National Bank of the Republic of Kazakhstan. All assets in the state are concentrated in Samruk-Kazyna - the largest holding. He invests in large projects that are aimed at the development of Kazakhstan.

The country has a particularly developed mining industry. The state is “powered” by oil, coal, gas, ore and other minerals. The leading industries are non-ferrous and ferrous metallurgy.

Doctor of Law, Professor V.A. Malinovsky

Doctor of Law, Associate Professor G.A. Alibaeva

Humanitarian University of Transport and Law named after D.A. Kunaeva, Republic of Kazakhstan

INDEPENDENT REPUBLIC OF KAZAKHSTAN

To study the modern design of the Kazakh form of government during the period of formation and strengthening of state independence, the basic one is the constitutional characteristics of the Republic of Kazakhstan as a state establishing itself as democratic and legal.

The Constitution defines Kazakhstan as a state with a presidential form of government.

As is known, in the most general terms and well-established tradition, modern states are divided into monarchies and republics according to the form of government. The basis of such differentiation is, for the most part, the status of the head of state with its inherent order of election (or succession to the throne), functions and powers, as well as the relationship of the head of state with parliament and government. However, today this is no longer enough.

Highlighting the features of the Scandinavian monarchies, M.A. Isaev, in relation to the Kingdom of Sweden, writes the following: “Today we can characterize the form of government of Sweden as conditionally monarchical, striving for its own negation. In this regard, the situation in Sweden might seem unique if it were not for a similar situation, for example, in Japan. In terms of the form of government, this is also, in general, a monarchy, but the monarchy is very conditional.”

The uniqueness of Japan's form of government is that it is based on the divinity of the Emperor and the favor of democracy based on popular sovereignty. In Article 1 of the 1947 Constitution, two matters were combined into one. On the one hand, it proclaimed the status of tenno (tenno is the title Japanese Emperor- authors) and established the constitutional foundations of the tenno regime. On the other hand, it explains the location of sovereign power, or rather the transformation of tenno sovereign power to humans. According to J. Mackie, this combination embodies a real revolution.

Semi model presidential republic with a “strengthened institution of the president”, which for a number of reasons became an example for Kazakhstan and applied according to the Constitution of the Republic of Kazakhstan, as is known, first arose in Weimar Germany and Finland, then, about forty years later, in France, after which it was developed in Portugal. Today it is enshrined in the newest constitutions of Azerbaijan, Georgia, Russia, Poland, French-speaking African countries and other countries.

In general, in the modern changing world, the demands of constitutional practice in foreign countries often give rise to atypical forms of states. Completely justified according to the results of the analysis based on the widespread use of the comparative legal method, V.E. Chirkin uses the term “mixed form of government”.

We emphasize that the institution of “form of government” as the most important element of the state form is much richer than one of its specific varieties - the “republic”. Therefore, the presidential form of government proclaimed by the Constitution of the Republic of Kazakhstan (together with official name countries) covers a variety of government forms: “purely presidential”, “semi-presidential (dualistic)” up to a “super-presidential (monocratic)” republic.

The desire, often found in the media and in political life, to equate the Republic of Kazakhstan “with a presidential form of government” and Kazakhstan - a “presidential republic” significantly impoverishes the current state uniform Kazakhstan. Often a completely paradoxical situation arises: the more one or another author uses the argument of a presidential republic to justify strengthening the role of the Head of State, the more realistically he moves away from it.

In this regard, the following is indicative. In a very interesting special study by O.I. Zaznaev covered a wide range of “semi-presidentialism”, analyzed in depth the features and types of semi-presidential systems in constitutional, political, as well as theoretical and purely applied dimensions. Moreover, the author, as we see, uses the term “semi-presidential system”, and not “semi-presidential” republic.

More than twenty years of state independence leads to the following fundamental conclusion. The modern successful, strong and effective state - the Republic of Kazakhstan - has become such to a decisive extent thanks to the presidential form of government, its system-forming center - the President of the Republic and the personal qualities of N.A. Nazarbayev, who filled the constitutional status of the Head of State with real practical actions for the benefit of all Kazakhstanis.

The “presidential form of government” established by the 1995 Constitution of the Republic of Kazakhstan has many similarities with a presidential republic (direct elections of the President of the Republic, his unconditional dominance in the executive branch of government) and a parliamentary republic (parliamentary responsibility of the Government, the possibility of removing the Head of State from office only for high treason, the right of the President of the Republic to dissolve Parliament), which gives grounds for characterizing the Kazakh form of government as a “mixed” or “semi-presidential” republic. At the same time, the expanded powers of the President of the Republic in relation to the Parliament and the Government make it possible to define the “presidential form of government” established by the 1995 Constitution as a semi-presidential republic with a strengthened institution of the President of the country.

Designed for the period of political transit, it ensured the stability of the state and the political system as a whole due to the strict concentration of executive power (in its horizontal and vertical structures) in the institution of the Head of State, his dominance in the Government, and the limited possibilities of influence of Parliament on the executive power.

In the conditions of getting used to democracy, the liberalization launched in the country in the early 2000s also affected the presidential form of government, in particular, its socio-political foundations and all institutional components, primarily the parliamentary one.

This conclusion is confirmed by the results of the constitutional reform carried out through the adoption of the Law of the Republic of Kazakhstan dated May 21, 2007 “On Amendments and Additions to the Constitution of the Republic of Kazakhstan.”

In general, the constitutional reform predetermined new conceptual approaches to understanding the main socio-political institutions and prospects for their development. A number of amendments and additions to the Constitution in their interrelation allow for a new interpretation of the purpose of state power, the content of the functions of the state, to determine the principles of relationships between state bodies, public associations and citizens, to more widely involve civil society institutions in solving state-significant problems, to establish legal norms that are adequate changing public relations.

Thus, from the standpoint of transforming the “presidential form of government” established by the Constitution of the Republic of Kazakhstan in 1995 constitutional reform May 2007 can be characterized as a set of measures that promote Kazakhstan in the direction of a “presidential-parliamentary republic” by stimulating a modern party system, strengthening the status of Parliament, improving its representative function and legislative activities carried out by it, as well as the gradual establishment of the inherent characteristics of a parliamentary form of government functional and organizational proximity and coherence in the activities of the legislative and executive branches of the unified state power. The ultimate goal is to create strong relations between the state and the people of Kazakhstan.

Emphasizing the importance and significance of reforming the Basic Law of the country in 2007 in the direction of liberalization political system and statehood, it must be recalled that it does not affect the essential foundations of the “presidential form of government” of the Republic of Kazakhstan.

The practical implementation of the 2007 innovations showed the absolute correctness of the constitutional reform developed over almost five years of national discussion.

In 2007–2009, in the direction of introducing its ideas, provisions and norms for the further democratization of state and public life amendments and additions were made to the constitutional laws on the President of the Republic, on the Parliament and the status of its deputies, on the Government, on the Constitutional Council, on the judicial system and the status of judges, on elections, as well as in the laws on political parties, on funds mass media and a number of others.

On April 3, 2011, early elections of the President of the Republic took place, in which N.A. Nazarbayev received the support of 95.55% of Kazakhstanis who voted (the turnout was 89.98% of those included in the voter lists). Let us recall that these elections were called by the President of the Republic in return for the people's initiative to extend the powers of N.A. Nazarbayev until 2020. Then, in order to resolve the contradiction between the initiative of more than 5 million citizens of the country; By the law of the Parliament, which created the legal basis for the implementation of this initiative, as well as by the resolution of the Constitutional Council, which recognized this law as contrary to the Constitution, the President of the Republic declared his desire to go to direct, competitive elections. He submitted to Parliament a draft law to supplement Article 41 of the Constitution with only one paragraph 3-1 with the following content: “Early presidential elections are called by the President of the Republic and are held in the manner and within the time frame established by constitutional law.” Upon the adoption by Parliament of this addition and the subsequent introduction of amendments and additions to the Constitutional Law on Elections, the Head of State issued a decree on early elections. This example in Once again testifies to the desire of the supreme power to act strictly within the framework of the Basic Law.

Following the results of the early parliamentary elections of 2007, in which only one political party received representation in the Mazhilis, a mechanism was included in the constitutional law on elections to ensure the presence of at least two parties in the Mazhilis. However, it was not necessary to apply it, since according to the results of the early elections on January 15, 2012, there are now factions of three political parties operating in the Mazhilis. Not only personalities, but also party programs came into the spotlight of voters, which raised the discussion of candidates and, accordingly, voters’ preferences to a new meaningful level.

The amendment introduced in 2007 to Article 5 of the Constitution of the Republic of Kazakhstan (prohibitions on the merger of public and state institutions and state funding of public associations) led to a sharp activation of the civil sector, an increase in the number of public associations, including those operating in the field of social protection of the population, a significant increase in state budget funds for social projects implemented through civil society institutions. For the first time, on October 20, 2008, the Parliament adopted the law “On the Assembly of the People of Kazakhstan,” which established the new state-public character of this institution. In other words, national interests was given shape at the intersection of state and civil society. At the same time, everything is national cultural centers included in a special unified democratically organized mechanism headed personally by the First President of the Republic - the Leader of the Nation, integrating national-cultural centers, nationally recognized personalities and the most important government bodies.

The past 2013 became the initial stage of the practical implementation of the presidential “Strategy “Kazakhstan-2050”: A new political course of an established state” (Astana, December 14, 2012), which is a logical continuation of the “Strategy “Kazakhstan-2030”, which was completed ahead of schedule in terms of the main parameters.

“The Kazakhstan-2050 Strategy covers the entire complex of the management cluster in its functional, institutional, legal and other components, internal and external interactions.

By historical standards, the time allotted for the implementation of the “Kazakhstan-2050 Strategy” is not so much. Therefore, the first year after its proclamation became very eventful.

Among the results achieved, firstly, the creation of a new model of civil service (Corps “A” was formed, and this is 543 civil servants, for whom high requirements have been established. The number of political employees has decreased by 7.5 times; in the regions, a third of district akims have been renewed and cities, and at the central level - 15% of the leadership of executive bodies); secondly, the reform of local self-government (an additional 5,000 units (positions) were transferred to the rural level, 67 functions were assigned, elections of 2.5 thousand local akims were held, which is 91% of all akims in the country); The Law “On State Services” has been adopted and is being implemented; thirdly, the Law “On Public Services” has been adopted and is being implemented, which improves the business environment and increases citizens’ trust in the state; fourthly, the changes required by practice in the system of executive authorities continue (existing government bodies are being transformed and new ones are being established, and the forms of citizen participation in their activities are expanding).

In general, public administration in the Republic of Kazakhstan is gradually being transformed into public administration, based on reasonable balances between state and social principles, between government functions and public services, on the introduction of the latest achievements in management and information technology, on the inclusion of representatives of civil society and Kazakhstanis themselves in the management process.

Literature

1. Isaev M.A. The mechanism of state power in the Scandinavian countries. – M., 2004. – P. 173.

2. Japanese Constitutional Law Edited by Percy R. Luney, Jr., and Kazuyuki Takahashi. – University of Tokyo Press, 1993. – P. 45, 88–89, 96–104

3. Chirkin V.E. Statecraft: Textbook. – M., 1999. – P. 142, 146

4. Zaznaev O.I. Semi-presidential system: theoretical and applied aspects. – Kazan, 2006.

5. On the revision of some normative resolutions of the Constitutional Council of the Republic of Kazakhstan in connection with the adoption of the Law of the Republic of Kazakhstan dated May 21, 2007 No. 254-III “On introducing amendments and additions to the Constitution of the Republic of Kazakhstan.” Regulatory resolution of the Constitutional Council of the Republic of Kazakhstan dated November 8, 2007 No. 9

Form of government- this is an organization of state power, characterized by a system of formation and relationships between the highest bodies of state power, characterizes power relations horizontally. The Republic of Kazakhstan has a presidential form of government. However, this does not mean that a classic presidential republic has developed in Kazakhstan, as in the United States. Rather, we are talking about a mixed (semi-presidential) republic, combining elements of both a presidential and parliamentary republic. The French model is taken as a basis.

The formation of this form of government in Kazakhstan has 6 stages:

1. On April 24, 1990, the post of President of the Kazakh SSR was established - the head of the republic. The first President was elected Supreme Council. The powers of the President were limited to a large extent by the President of the USSR and the Supreme Council of the Republic. The Council of Ministers was formed by the Supreme Council and was accountable to it.

2. On November 20, 1990, amendments were made to the Constitution of the KazSSR. The status of the President was strengthened; he became not only the head of the republic, but also the head of the executive and administrative powers. The Council of Ministers was transformed into the Cabinet of Ministers and began to be formed by the President. In December 1990, general presidential elections took place.

3. On December 16, 1991, the independence of Kazakhstan was proclaimed. The President became the head of an independent state, his vertical powers with the President of the USSR and allied bodies disappeared. On January 28, 1993, the first Constitution of the Republic of Kazakhstan was adopted. The President is the head of state and head unified system executive power. The government is formed by the President, but the appointment of the Prime Minister and 4 ministers (foreign affairs, internal affairs, defense and finance), the chairman of the National Security Committee requires the consent of the Supreme Council. At this stage, there was a massive self-dissolution of local Soviets in 193, ending with the self-dissolution of the Supreme Council of the 12th convocation.

4. Adoption by the Supreme Council of the Republic of Kazakhstan before self-dissolution on December 10, 1993 of the Law of the Republic of Kazakhstan “On the temporary delegation of additional powers to the President of the Republic of Kazakhstan and the heads of local administrations,” which granted the President the right to independently exercise a number of rights belonging to the Supreme Council or them jointly, incl. issue acts having the force of law and call a referendum. In March 1994, the first professional parliament was elected - the Supreme Council of the 13th convocation, which, by resolution Constitutional Court The Republic of Kazakhstan of March 6, 1995 was declared illegitimate and, as a result, was dissolved by the President. At this stage, for a significant time there was no legislative body in the country; legislative powers were exercised by the President. On April 29, 1995, the powers of the President were extended at a republican referendum. A draft of a new Constitution has been developed.

5. On August 30, 1995, the second Constitution of independent Kazakhstan was adopted at a republican referendum. The president is the head of state, equidistant from all branches of government, not included in any of them, and serves as an arbiter between government bodies.

6. On October 7, 1998, amendments and additions were made to the Constitution, changing the requirements for the President, his term of office, competence, and increasing the role of Parliament.

7. On May 21, 2007, amendments and additions were made to the Constitution of the Republic of Kazakhstan, as a result of which the Government is formed taking into account the party majority in the Mazhilis and needs its trust; in cases established by the Constitution, it is responsible to the Mazhilis. These amendments, in essence, led to the transition to a presidential-parliamentary republic.

The Republic of Kazakhstan is a unitary state with a presidential form of government. According to the Constitution, the country establishes itself as democratic, secular, legal and social state, the highest values ​​of which are man, his life, rights and freedoms.

Kazakhstan gained independence on December 16, 1991. The capital is the city of Astana. Official language- Kazakh, Russian has the status of a language of interethnic communication. The monetary unit is tenge.

The President of the Republic of Kazakhstan is the head of state, its highest official, who determines the main directions of the state’s domestic and foreign policy and represents Kazakhstan within the country and in international relations. The President is a symbol and guarantor of the unity of the people and state power, the inviolability of the Constitution, the rights and freedoms of man and citizen.

The government exercises executive power, heads the system of executive bodies and manages their activities.

Legislative functions are performed by the Parliament, which consists of two Chambers - the Senate and the Mazhilis, acting on permanent basis. The Senate is formed by deputies representing two people from each region, city of republican significance and the capital. Fifteen deputies of the Senate are appointed by the President, taking into account the need to ensure representation of national, cultural and other significant interests of society.

The Mazhilis consists of one hundred and seven deputies, nine of them are elected by the Assembly of the People of Kazakhstan. The term of office of Senate deputies is six years, Mazhilis deputies are five years. Currently, three parties are represented in the Mazhilis - Nur Otan, Ak Zhol and the Communist People's Party of Kazakhstan.

The administrative-territorial structure of the country includes 14 regions and 2 cities of republican significance.

The population of Kazakhstan exceeds 18 million people. The ethnic structure of society, according to the 2009 national census, is as follows: Kazakhs - 63.07%, Russians - 23.7%, Uzbeks - 2.85%, Ukrainians - 2.08%, Uighurs - 1.4%, Tatars - 1.28%, Germans - 1.11%, others - 4.51%.

Occupying an area of ​​2 million 724.9 thousand square kilometers, the country is in ninth place in terms of area in the world. In the north and west, the republic has common borders with Russia - 7,591 km (the longest continuous land border in the world), in the east with China - 1,783 km, in the south with Kyrgyzstan - 1,242 km, Uzbekistan - 2,351 km and Turkmenistan - 426 km. The total length of land borders is 13,200 km.

Kazakhstan is the most large country in the world, which does not have direct access to the World Ocean. Most of the country's territory is made up of deserts - 44% and semi-deserts - 14%. Steppes occupy 26% of the area of ​​Kazakhstan, forests - 5.5%. There are 8.5 thousand rivers in the country. The northeastern part of the Caspian Sea is included within the republic. The Aral Sea is divided between Kazakhstan and Uzbekistan. There are 48 thousand large and small lakes in Kazakhstan. The largest of them are Balkhash, Zaisan and Alakol. The remoteness from the oceans determines the country's sharply continental climate.

The country's mineral resource base consists of more than 5 thousand deposits, the estimated value of which is estimated at tens of trillions of dollars. The republic ranks first in the world in proven reserves of zinc, tungsten and barite, second in silver, lead and chromite, third in copper and fluorite, fourth in molybdenum, sixth in gold.

Kazakhstan also has significant oil and gas resources (9th place in the world in terms of proven oil reserves), which are concentrated in the western regions. In addition, the republic ranks 8th in coal reserves and 2nd in uranium reserves.

Kazakhstan is one of the world's top ten grain exporters and one of the leaders in flour exports. 70% of arable land in the north is occupied by cereals and industrial crops- wheat, barley, millet. In the south of the country rice, cotton, and tobacco are grown. Kazakhstan is also famous for its gardens, vineyards and melons. One of the leading directions Agriculture is livestock farming.

The main export goods are products of the mining, fuel and energy, metallurgical and chemical industries, as well as the grain industry. The republic's main trading partners are Russia, China, European and CIS countries.

To diversify the economy, the country is successfully implementing a program of industrial and innovative development, in accordance with which old enterprises are modernized and new enterprises are opened.

Kazakhstan is implementing a large-scale project “New Silk Road“, which should revive the country’s historical role as the main link of the continent and turn it into the largest business and transit hub in the region - a kind of bridge between Europe and Asia. By 2020, the volume of transit cargo traffic through the republic should almost double.

In 2014, the Head of State announced the “Nurly Zhol” large-scale infrastructure construction program, designed to connect the regions of Kazakhstan with main roads and modernize the logistics, social and industrial infrastructure.

Kazakhstan has begun to implement the “Plan of the Nation - 100 Concrete Steps”, which provides for fundamental changes in order to implement the Five People's Reforms: the formation of a professional state apparatus, ensuring the rule of law, industrialization and economic growth, identity and unity, and the formation of an accountable state.

The country is undergoing large-scale social modernization - new schools, vocational colleges and universities are being built, modern medical clinics and hospitals are opening, the system is being improved social support population.

Currently, representatives of 130 ethnic groups live in the republic; a consultative and advisory body on harmonization operates successfully interethnic relations- Assembly of the People of Kazakhstan. Congresses of leaders of world and traditional religions are held in Astana on a regular basis.

As a leader in Central Asia, the republic makes a significant contribution to strengthening the stability of the region. The country has also achieved great success on the world stage. This is evidenced by Kazakhstan’s chairmanship in the OSCE and the holding of the Summit of this authoritative international organization in December 2010. A significant initiative of the country was the launch and development of the CICA project - the Asian analogue of the OSCE. The creative activities of Kazakhstan as the chairman of the leading organization of the Islamic world - the OIC - received positive feedback. The country is also a recognized leader in the global anti-nuclear movement.

Kazakhstan is a member of the Eurasian Economic Union.

Stable growth in all sectors of the economy, international recognition, political stability became the basis for the prosperity of Kazakhstani society. Kazakhstan is a country looking to the future, which preserves its cultural traditions and successfully realizes its enormous creative potential in the modern dynamic world.

Video tour of Kazakhstan

The acquisition of state sovereignty and the formation of independent Kazakhstan on the political map of the world determined the need to develop a domestic model of state and power. President of Kazakhstan N.A. Nazarbayev defined the prospects for the process of formation of modern Kazakh statehood, noting that now the people of Kazakhstan have “serious prospects, based on existing achievements, for the formation of a new type of statehood in terms of... the 21st century.” Therefore, first of all, Kazakh statesmen and state scientists had to find answers to the main questions that predetermine the choice of the form of the new Kazakh state:

1) Which form of government should I choose (presidential, parliamentary or mixed)?

2) What should the government structure be like (unitary state, regional state with a high degree of autonomy of its constituent parts, or federation)?

3) Which of the mechanisms of separation of powers and “checks and balances” will ensure stability and effective interaction between government bodies?

The result of the answers to the questions posed was supposed to be a model of the functioning of the state. Of course, the process of development of a new statehood is still in the stage of formation, development and approval of new legal and administrative regulators for the republic in state-political practice. At the same time, today, after twenty years, it is possible to sum up some results and analyze the prospects.

The historical traditions of the development of Kazakh statehood, the recent history of the state and legal formation of independent Kazakhstan determined the country’s choice of a presidential form of government, in accordance with the requirements of which the President is the head of state, its highest official, determining the main directions of domestic and foreign policy, and, in fact, a national leader .

Kazakhstan is a unitary presidential republic of parliamentary type. The President is the head of state and Supreme Commander-in-Chief.

The President of the Republic of Kazakhstan is elected by adult citizens of Kazakhstan on the basis of universal, equal and direct suffrage by secret ballot. The term of office of the President is 5 years, however current president retains powers for 7 years (according to the previous version of the Constitution) until 2012. The current President Nazarbayev has been in office since April 24, 1990, and has led Kazakhstan since June 22, 1989 (21 years in 2010).

The First President of Kazakhstan (Nursultan Nazarbayev), in accordance with the Constitutional Law, has a special political and legal position: extended provision for him and his family, the opportunity to speak before Parliament, at Government meetings after the termination of his powers, as well as other preferential conditions.

Executive power is exercised by the Government. The system of executive authorities consists of ministries, services and agencies. Legislative power is exercised by Parliament. It consists of two Chambers: the Senate and the Mazhilis, operating on a permanent basis. The Senate is formed by deputies representing, in the manner established by constitutional law, two people from each region, city of republican significance and the capital of the Republic of Kazakhstan (14 regions, 2 cities). Fifteen deputies of the Senate are appointed by the President of the Republic, taking into account the need to ensure representation in the Senate of national, cultural and other significant interests of society. The Mazhilis consists of one hundred and seven deputies elected in the manner established by constitutional law. A Member of Parliament cannot be a member of both Chambers at the same time. The term of office of Senate deputies is six years, the term of office of Mazhilis deputies is five years. Judicial power is exercised by the courts: Supreme Court, regional, military, city, district and specialized courts. Judicial system of the republic is carried out through the Supreme Court and local judicial bodies. The Supreme Court of Kazakhstan is the highest judicial body in civil and criminal cases. Monitoring compliance with Constitutional laws is carried out by the Constitutional Council, which consists of 7 members elected for a 6-year term. At the local level, public administration belongs to local representative and executive bodies. Local representative bodies - maslikhats express the will of the population of the corresponding administrative-territorial units. Local executive power is represented by regional administrations headed by regional akims. Regional akims are appointed by the President of the country on the proposal of the Prime Minister.

The problems of the formation and development of the presidential form of government consist in the organization, functioning and interaction of the executive branch, legislative bodies of state power, judicial bodies of state power with the institution of the President of the Republic of Kazakhstan. Detailed scientific research deserve structural and functional aspects of the implementation of the powers of the head of state, the search for new mechanisms and technologies for their implementation.

The issues of the republican form of government of the Republic of Kazakhstan at the current stage of its development are complex both in practical and theoretical terms. Thus, the current state of scientific development of the concept of “republican form of government” does not allow it to be fully used as a creative construct for fundamental theoretical research.

All this complicates the search for objective patterns of development of the republican form of government in the conditions of the formation of a new socio-political system of the Republic of Kazakhstan, the study of the compliance of the Kazakhstan model of the presidential system of government with the totality of historical, social, political and other prerequisites for its formation, the level of political and legal culture, traditional views and psychology population, as well as a number of other social factors.

The choice of the form of government is not made by mere chance, but is made in response to specific traditions of society, then this choice is consciously accepted as a means of solving the problems presented by these traditions. However, the analysis shows that the real nature of the state and society cannot be inferred from a simple analysis of a set of institutions. Consequently, the real nature of the state and society can be investigated solely on the basis of an analysis of the embeddedness of the system of organs and institutions in the context of a particular society. The administrative institutions themselves are, in their essence, according to W. Livingston’s apt definition, only “institutional means of interaction between various social relations with various peoples immersed in the system of these relations.”

The main and main task in the formation of institutions of state power historically is the choice of the type of their political and legal design that corresponds to a certain economic and political system of society. It is this choice that determines the political and legal basis for the functioning of state power and the nature of interaction between the state and society. Therefore it is obvious that the form republican government is one of the most important forms of the state, characterizing the structure and order of relationships between government bodies and the population, the mechanism of interaction between the main bodies of the state - the head of state, the highest representative and legislative body and the government.

The principle of separation of powers is enshrined as one of the foundations of the constitutional system of Kazakhstan. Consequently, when studying the organization of state power in the Republic of Kazakhstan, we must proceed from the fact that it must function effectively in conditions of separation of powers, which in turn necessitates consideration of the theoretical aspects of the organization of executive power in the theory of separation of powers, practical options for implementing this doctrine and identifying criteria for the effectiveness of executive power in conditions of separation of powers.

In addition to the principle of separation of powers, the organization of state power is determined primarily by the form of government in the country, since the form of government is “the most external expression of the content of the state, determined by the structure and legal status of the highest bodies of state power.”

Almost all researchers of the form of government cite the question of government responsibility as the main criterion for determining the type of republic. If the Government is responsible only to the President, then it is a presidential republic; if only to the parliament, it is a parliamentary republic. If the Government is responsible to both the President and Parliament, then such a system is called a semi-presidential or “mixed” republic.

The form of government as an element of the form of the state is embodied in many models. In each state, the system of power it forms has its own specifics, which are determined by many objective and subjective conditions, factors and reasons. Therefore any comparative analysis has its limits, limitations and is very relative. Moreover, everywhere in power the main thing is considered not to be a set of known formal elements, say, parliament, elections, division of power, etc., but its ability to ensure the integrity, sovereignty, security, orderliness and development of society. The purpose (mission) of state power is seen not in itself, but in serving its needs, interests and goals of society united in the corresponding state.

The presidential form of government of the Republic of Kazakhstan, established by the Constitution of 1995, fully meets modern realities transition time and contributes to the stability of the gradual political modernization of the country. It is in this historical context that it is necessary to resolve the issue of the prospects for improving the presidential form of government in Kazakhstan, transforming it into a presidential-parliamentary one... Fundamental Principles The activities of the Kazakh state are social harmony and political stability, economic development for the benefit of all people, Kazakh patriotism, resolving the most important issues of state life by democratic methods, including voting in a republican referendum or in parliament. The Republic of Kazakhstan is a unitary state with a presidential form of government. In Kazakhstan, ideological and political diversity is recognized, the merger of public and state institutions, the creation of political party organizations in state bodies, as well as illegal state interference in the affairs of public associations and public associations in the affairs of the state are not allowed, entrusting public associations functions of government bodies, government funding of public associations.

Summarizing the experience of the Commonwealth countries Independent States, we can come to a general conclusion that for the Republic of Kazakhstan, like other post-Soviet republics, in the conditions of transition, the most preferable constitutional model is the presidential-parliamentary form of government. In this regard, it is important to note that the realization of the possibilities of a strong presidential form of government can contribute in every possible way not only to the evolutionary and politically verified implementation of the principle of separation of powers, but will also strengthen the role of the head of state as a national political leader, which can neutralize not only the powerful potential of authoritarianism in the conditions of transition period, but also to assist in every possible way in the formation of an effective democratic political system of Kazakhstani society.

In addition, the presidential-parliamentary form of government makes it possible to integrate the legislative and executive branches of government into a single working mechanism based on a system of checks and balances and their effective interaction. The president, who has significant powers, must focus on the parliamentary majority and build policies in accordance with this; The integral prerogatives of the Parliament should be strong control powers, more effective control over the activities of the Government, etc.

The problem of the constitutional development of the Republic of Kazakhstan is multidimensional. One of the significant such aspects is the historical and legal one, the study of which allows not only to characterize the stages of constitutional development, but also to identify the features and signs of the development of Kazakh statehood itself, the features of the formation of the system of government bodies, constitutional and legal institutions, government structure and administrative-territorial division .

The beginning of the first stage in the formation of the modern Kazakh state and the development of the form of government in it was the adoption on October 25, 1990 of the Declaration of State Sovereignty of the Kazakh Soviet Socialist Republic. The Declaration endowed the state power of the Kazakh SSR with supremacy, independence, and completeness within the Republic, as well as in external relations determined by the Union Treaty.

The second stage in the approval of the presidential republic in Kazakhstan is the adoption on April 24, 1990, at the first session of the Supreme Council of the Kazakh SSR of the twelfth convocation of the Law “On the establishment of the post of President of the Kazakh SSR and the introduction of amendments and additions to the Constitution (Basic Law) of the Kazakh SSR.” The law defined the President as the head of the Kazakh Soviet Socialist Republic, an integral part of the USSR, which predetermined the features of the constitutional and legal status of the president of the republic. The President was given the right to submit to the Supreme Council of the Kazakh SSR a candidacy for the post of Chairman of the Council of Ministers of the Kazakh SSR. At the same time, the President was not recognized as the head of the executive branch. A characteristic feature of this stage should be recognized as a kind of dualism in the exercise of state power in the republic.

The transition to the next (third) stage followed quite quickly, which was due to the general dynamism of the development of the situation both in the Soviet Union as a whole and in Kazakhstan. This transition is associated with the adoption of the Law of the Kazakh SSR of November 20, 1990 “On improving the structure of state power and introducing amendments and additions to the Constitution (Basic Law) of the Kazakh SSR.” The provisions of the Declaration of State Sovereignty of the Kazakh Soviet Socialist Republic were incorporated into the text of the Constitution of the Kazakh SSR on November 20, 1990 through the Law “On improving the structure of state power and administration in the Kazakh SSR and introducing amendments and additions to the Constitution into the Constitution (Basic Law) of the Kazakh SSR” . According to the changes, the President of the Kazakh SSR became the head of the highest executive and administrative power, the post of Vice-President of the Kazakh SSR was established, the Council of Ministers was transformed into the Cabinet of Ministers, and the positions of the Prime Minister, ministers, and chairmen of state committees were created. The Vice-President of the Kazakh SSR was elected by the Supreme Council on the proposal of the President of the Republic.

Thus, speaking about the formation of presidential power in the Republic of Kazakhstan, it can be noted that at its very beginning, presidential power functioned in a system approaching a parliamentary form of government: the Supreme Council elected the president and controlled the government, which was accountable to it. In November 1990, the entire scope of executive powers was transferred to the president. An attempt was made to form a unified executive power headed by the President; a merger of the Presidential Administration and the Cabinet of Ministers took place. The political system of this period was based on the classical model of a presidential republic. In general, during the period of formation of presidential power, it became and strengthened as the most important political institution, ensuring the independence and independence of the Republic.

But along with these innovations, many remnants of the past remained in the state, and not last place This list included the outdated legal framework and legislation of the republic. Having created a new state, new institutions of power, it was necessary to bring them into a logically completed form. All these circumstances led to the adoption by the Supreme Council almost unanimously (309 out of 312 votes) on January 28, 1993 of the first Constitution of independent Kazakhstan.

The current stage of development of the form of government in the Republic of Kazakhstan dates back to 2001. The need for a transition to a qualitatively new stage of development of the form of government in the country is due to the fact that by the beginning of the 21st century it became obvious that political reform, the level of development of the state legal system, mechanisms of public administration did not fully meet the demands of economic growth. The contradiction was especially clear in the regions of the country. The Law “On Local Government in the Republic of Kazakhstan” was called upon to reverse the negative trends.

In essence, this is the stage of decentralization of the implementation of management processes, the transition to a new quality of interaction between government bodies belonging to its various branches. If the 1990s are characterized as a period of high centralization of power, which made it possible to ensure stability state building V difficult time, then, starting from 2001, decentralization mechanisms came to the fore. Decentralization is named as a significant line in Strategic plan development of the Republic of Kazakhstan.

Improving the model of government chosen by Kazakhstan involves creating a mechanism for resolving and overcoming emerging conflict situations. An important role in containing and resolving conflicts between various parts of a single state mechanism must be played by independent judicial bodies, which are able to monitor the legality and competence of decisions and actions of public authorities and protect society from possible legislative violations. By ensuring the resolution of conflicts arising in society on the basis of law, the judiciary carries out the functions of legal control over the activities of public authorities that are important for a democratic state. Therefore, any reform of the judiciary should consist, first of all, in creating conditions for the implementation of these functions and increasing the efficiency of justice, and not be reduced to increasing the number of powers of the judiciary at the expense of the powers of other government bodies.