Aian Toleubekov

The Main Periods of the Kazakhstan Parliamentarism Development

2012. No. 4. P. 134–139 [issue contents]

Toleubekov Ayan Toleubekuly - Postgraduate Student, Department of Constitutional and Municipal Law, National Research University Higher School of Economics. E-mail: yan_826@mail.ru 
Address: National Research University — Higher School of Economics, 20, Myasnitskaya str., Moscow, 101000, Russian Federation.

The paper analyzes the history of the state and law of Kazakhstan, highlights the genesis of the ideas of parliamentarism in Kazakhstan  and suggests a timeline for the formation and development of parliamentarism in the republic of Kazakhstan. Stage 1 (1990 - 1993) is the stage of formation of parliamentarism in Kazakhstan. This period created a legal background for the first representative body of a new nature. The law codified that the highest body of state power was the Supreme Council of the Kazakh SSR elected according to the new principle. The post of President was introduced as well as the separation of powers principles. Despite the immaturity of the first representative body and lack of legislative activity, it was an efficient force able to oppose a no less stronger president N.A. Nazarbaev, which is a characteristic feature of the period. Stage 2 (1993 - 1995) starts with adopting the Constitution of the Republic of Kazakhstan as of January 28, 1993. It codified the fundamentals of parliamentarism. This stage is characterized with a bicameral representative body, presidential form of government and the absence of the check and balances principle for branches of power in the Constitution. This period keeps the parity of representative and presidential powers. Stage 3 (1995 - 2007) starts with adopting new Constitution of the Republic of Kazakhstan as of August 30, 1995 which provided for a bicameral structure of parliament of two chambers: the Senate and Mazhilis. The period is characterized with adopting constitutional laws On Parliament of the Republic of Kazakhstan and Status of its Deputies of October 16, 1995, On the Government of the Republic of Kazakhstan of October 18, 1995, On Judicial System and Status of Judges of the Republic of Kazakhstan of December 25, 2000 codified the status and functions of every branch. Stage 4 (2007 – to present) begins with adopting the law On Introducing Changes and Amendments to the Constitution of the Republic of Kazakhstan of May 18, 2007 signed by the President May 21 2007. This period is characterized with the transition of the republic from presidential to presidential-parliamentary form of government. This law introduced relevant changes and norms fixing powers of the Senate and Mazhilis strengthened the legal status of the chambers of parliament. The balance between the branches shifted. Part of the powers of the President was transferred to Parliament, i.e. the right to form a government, two thirds of members in the constitutional Council and the Central Election commission. The government was responsible not only before the head of state but Parliament. The changes also concerned the number of deputies elected and appointed to the Senate and the Mazhelis and their legal status. In particular, the responsibility of the deputies before voters and chamber strengthened. New grounds to unseat a deputy of the Mazhilis if he/she he leaves or is expelled from a political party, termination of the political party which had belonged to parliament, which made him too dependent on the political party he belongs to.

Citation: Toleubekov Toleubekuly Aian (2012) Osnovnye etapy stanovleniia kazakhstanskogo parlamentarizma [The Main Periods of the Kazakhstan Parliamentarism Development] Pravo. Zhurnal Vysshei shkoly ekonomiki, 4, pp. 134-139 (in Russian)
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