CONSTITUTION OF THE REPUBLIC OF KAZAKHSTAN IS THE FUNDAMENTAL ACT OF THE STATE: FROM THEORY TO EXPERIENCE OF REFORM

Authors

  • Ainur Ramazanqyzy Kumarbekova

DOI:

https://doi.org/10.52026/2788-5291_2022_71_4_261

Keywords:

constitution, Republic of Kazakhstan, constitutional reform, constitutionalism

Abstract

The article is devoted to the study of the formation and development of political and legal positions and scientific points of view regarding the Constitution of the Republic of Kazakhstan, as well as the constitutional reforms that have taken place since the beginning of Kazakhstan's independence.

In order to consider the legal conditions in which the Basic Law of the State was adopted, attention is drawn to the important provisions of the Declaration on State Sovereignty of the Kazakh Soviet Socialist Republic, adopted by the Decree of the Supreme Council of the Kazakh SSR of October 25, 1990 No. 307-XII. The article also considers the Constitutional Law of the Republic of Kazakhstan dated December 16, 1991 «On the State Independence of the Republic of Kazakhstan».

The author presents the results of the analysis of the Constitution of 1993 and the Constitution of 1995, outlines the theoretical and doctrinal foundations, considers the legal nature of the Basic Law of the Republic of Kazakhstan.

The opinions of scientists, both directly involved in the development of the constitutions of Kazakhstan, and who had a noticeable influence on the legal doctrine, are given. It is noted that the people of Kazakhstan, having adopted the Constitution at the referendum, acted as the founder of state power. The Constitution consolidated the democratic principles of the organization and activities of the state. Thus, the Constitution, adopted by referendum and expressing the will of the people, acts as a normative legal act that substantiates statehood and lays the foundations of the state.

A review of the constitutional reforms that took place after the adoption of the 1995 Constitution was carried out. The reforms carried out had an impact on the development of the foundations of a democratic, secular, legal and social state, the highest values of which are a person, his life, rights and freedoms. The objective processes of constitutional development embraced the system of separation of powers, the distribution of constitutional powers and the election of responsible officials.

The opinion is expressed that the experience of constitutional development actualized the issues of further improvement of constitutional and legal regulation and served as an empirical basis for the study, development of the legal doctrine of constitutionalism in the Republic of Kazakhstan.

Published

29.12.2022

How to Cite

Kumarbekova А. Р. (2022). CONSTITUTION OF THE REPUBLIC OF KAZAKHSTAN IS THE FUNDAMENTAL ACT OF THE STATE: FROM THEORY TO EXPERIENCE OF REFORM. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 4(71). https://doi.org/10.52026/2788-5291_2022_71_4_261