CONSTITUTIONAL REGULATION OF THE ECONOMICS: KAZAKHSTAN IN SEARCH OF AN OPTIMAL MODEL

Authors

  • Victor Alexandrovich Malinovsky Narkhoz University

DOI:

https://doi.org/10.52026/2788-5291_2025_80_1_45

Keywords:

constitutional economics relations, constitutional economics, belonging of natural resources to the people, economics security, economical constitution

Abstract

In this article, we focus attention on determining the content of economic relations enshrined in the constitutional acts of the Republic of Kazakhstan. The subject of constitutional regulation in 1990-1995 was built in the conditions of the establishment and assertion of state sovereignty and state independence of Kazakhstan; the transition from a socialist model of the economy to a market one; overcoming acute objective and subjective, internal and external challenges and threats that existed at this stage.

In the Constitutions of 1993 and 1995, there was a reduction in the axiological origins of the institute of economic foundations of the social system with the predominance of a special civil law principle. As a result, it was not possible to form a working comprehensive constitutional model of the integral economic system of Kazakhstan in the aggregate of its classical elements. Adequately, the possibilities of the Constitution's influence on it were limited.

Today, having our own experience (both positive and negative), it has become much clearer to us what the new priorities of economic relations should be, what the Constitution needs to be replenished in order to open and strengthen these novels, what provisions need to be lifted from lower-level legislation to give norms a higher level of strength and degree of protection from various "misunderstandings", inconsistencies and violations. So, in order to radically reformat doctrinal approaches, law-making and law enforcement, including law enforcement activities based on updated values, first of all, justice, responsibility and trust of Kazakhstanis.

To correct the situation, it is advisable to define and consolidate the Kazakh economy in the Basic Law as a constitutional value, the main social purpose of which is to ensure state independence and economic (financial, technological, environmental, etc.) sovereignty (security) of the country, mitigate social contradictions, continue the consistent consolidation of society, improve the welfare of citizens.

As a result, the economics of Kazakhstan will continue its stable and sustainable transformation into a constitutional economics.

Author Biography

Victor Alexandrovich Malinovsky, Narkhoz University

Doctor of Law, Professor, Director of the Center for Constitutional Economics of the Eurasian Institute of Economic and Legal Studies

Published

28.03.2025

How to Cite

Malinovsky В. А. . (2025). CONSTITUTIONAL REGULATION OF THE ECONOMICS: KAZAKHSTAN IN SEARCH OF AN OPTIMAL MODEL . Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 80(1). https://doi.org/10.52026/2788-5291_2025_80_1_45