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FORMATION and DEVELOPMENT of PRESENT STATEHOOD of KAZAKHSTAN (First-Hand Knowledge)

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FORMATION and DEVELOPMENT of PRESENT STATEHOOD of KAZAKHSTAN (First-Hand Knowledge) FOUNDATION OF THE FIRST PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN ELBASY FORMATION AND DEVELOPMENT OF PRESENT STATEHOOD OF KAZAKHSTAN (First-Hand Knowledge) Nur-Sultan 2019 1 Editors: Chief Editor: I.I. Rogov, Deputy Executive Director of the Foundation of the First President of the Republic of Kazakhstan – Elbasy, Doctor of Law, professor K.A. Mami, Chairman of the Constitutional Council of the Republic of Kazakhstan, Doctor of Law M.B. Kasymbekov, Head of the Chancellery of the First President of the Republic of Kazakhstan – Elbasy, Doctor of Political Science T.S. Donakov, Chairman of the High Judicial Council of the Republic of Kazakhstan, Candidate of Legal Sciences V.A. Malinovskii, member of the Constitutional Council of the Republic of Kazakhstan, Doctor of Law S.N. Sabikenov, academician of the National Academy of Sciences of the Republic of Kazakhstan, Doctor of Law, professor Ye.A. Saltybayev, Director of the Institute of World Economics and Politics (IWEP) affi liated with the Foundation of the First President of the Republic of Kazakhstan – Elbasy B.M. Nurmukhanov, Chief of Staff of the Constitutional Council of the Republic of Kazakhstan, Candidate of Legal Sciences This book reveals the central and strategic role of the First President of the Republic of Kazakhstan – Elbasy N.A. Nazarbayev in forming and developing present sta tehood of Kazakhstan. The historical process of Kazakhstan’s gaining sovereignty, the formation and furt her improvement of individual institutions that make up the framework of independence is analyzed. The authors include politicians and public fi gures, heads of the public authorities who directly worked on translating the ideas and instructions of Elbasy into reality and made a signifi cant contribution to the creation of relevant industries and institutions of present statehood of Kazakhstan. The book will be useful to politicians, legislators, scientists, and the wide audience. 2 FO REWORD Time after time the history of mankind proves one and the same simple truth that the strategic and current goals, tasks and areas of activity of any state diff er at diff erent times. However, among them there are those which always remain paramount for any person, nation, or country. Such unwavering values include freedom and independence. When the Constitutional Law on the State Independence of the Republic of Kazakhstan had been adopted on December 16, 1991, our country appeared before the world community as a sovereign new state, on shoulders of which the heaviest burden of responsibility for the future of its people was fallen. The First President of Kazakhstan, Nursultan Abishevich Nazarbayev, and the team he led, had the historic mission to start building statehood almost from scratch in the context of the all-out crisis of the Kazakh SSR and the collapse of the Soviet Union. At the international research-to-practice conference dedicated to the 20th anniversary of the adoption of the Constitution of the Republic of Kazakhstan and held on August 28, 2015, in his speech, Nursultan Abishevich gave the following assessment of that time. “Today we can objectively assert that by the beginning of 1995, the independence of Kazakhstan was on the brink of a precipice. The question was put bluntly: could we build a state after the collapse of the Soviet Union or not? At that moment, Kazakhstan was desperately poor and desperately limited in its actions and capabilities. We had neither the knowledge nor the experience in self-governing, and we understood very little how the modern states functioned. We knew that if we did not act quickly and decisively, we would have anarchy instead of a new and independent state. We saw that in the experience of other countries.” So, how did Kazakhstan manage to avoid signifi cant collapse, and then to stand on its own two feet, implement a triple modernization, create a social community called the people of Kazakhstan, make a quantum leap within a market economy, develop a base of social policy, and ensure the sustainability of the democratization and liberalization process? How could it then gradually build a positive potential in the life of the country and all Kazakhstanis? Based on social harmony, political stability, success achieved within the country, and a peaceful foreign policy, the Republic of Kazakhstan has gained worldwide recognition and has become a strong and successful state, an authoritative, initiative player on the world stage which has been developing in precisely defi ned directions of balanced strategies. 3 What has been behind the victories and successes of the country of the Great Steppe? The answer to this question can be found in the articles included in this monograph. The thoughts and opinions of people who were the originators of the formation and subsequent strengthening of the most important mainstays and supporting structures of the State Independence of Kazakhstan are summarized in these articles. A reader is off ered a unique opportunity to get to know how the most important state structures and public institutions were established directly from the words of statesmen who were pioneers. It is the opportunity to plunge into the history of the hardest period and grandiose plans, confi dence and courage, actions to solve problems, and the joy of the results achieved. In general, this book tells about the selfl ess and constructive labor of the First President of Kazakhstan, Elbasy Nursultan Abishevich Nazarbayev, and the work of fellow members of his team responsible for specifi c areas of a single epoch-making activity. In this monography divided into 20 chapters, 22 authors describe their vision of the events that preceded the transformation of Kazakhstan into a country that overcomes any hardships and has a strong position in Top-30 World Develop ment Leaders. The book covers the main stages of the development of the Constitution of the Republic of Kazakhstan, establishment of presidential institutions, legislative and executive branches of government, constitutional control, courts, prosecution offi ces, diplomatic services, anti-corruption bodies and their subsequent evolution. The construction of the new capital of Astana, formation of foreign policy, legislation and fi nance, state administration and self-administration, electoral and party systems, as well as the development and implementation of eff ective ethno-politics and national security are shown. We would like to pay attention only to some topics touched upon by the authors. A special emphasis is placed on the Framework Law serving as the basic guarantee of social harmony and political stability, the most important rights and freedoms of Kazakhstanis. Due to the historical conditions of that time, the fi rst Constitution adopted by the Supreme Soviet on January 28, 1993, was very important but could not perform its historical mission. The book exhaustively covers the objective and subjective circumstances of the situation arisen and special aspects of the constitutional process of 1990-1993. The adoption of the second Constitution on August 30, 1995 was a key event on the way of Kazakh stan and a landmark victory of Elbasy. In a nationwide referendum, 4 out of 8,091,715 citizens who participated in the voting, 89.14% voted for the new Constitution. Thus, the Framework Law in force is the fruit of the joint creative labor of the President of the Republic who developed the document, and the people who lent the highest legitimacy to it by their will. This is one of foundation stones of eff ectiveness of the Constitution “working” for almost a quarter of a century. The other one is connected with ensuring its stability and susceptibility to changes by making the required amendments to the text. The special aspects of the three constitutional reforms (carried out in 1998, 2007 and 2017) are shown. The monograph shows how the new capital of Kazakhstan was established, grew up, and gained real status. Nursultan Abishevich Nazarbayev is justly considered to be the “chief architect” of Astana as the fi rst capital city of independent Kazakhstan. Starting from the idea of moving the capital and receiving its approval by the Supreme Council of the Republic, including the establishment of the Architectural Council and management of its activities, inviting world-famous architects, development of a master plan and detailed planning, construction of unique buildings and residential complexes, construction of recreational zones, permanent, on-site, personal control over the execution of the works planned – this is hardly complete list of the methods used by Elbasy. Based on the spectacular example of Astana, positive trends were implemented in the economy and social development of the entire country. Consequently, it is quite natural that the capital has been named after the First President of Kazakhstan and now is called Nur-Sultan. Another unconditional and extremely important component of the foundation of the State Independence of Kazakhstan covered in the book is the exclusive presidential model of interethnic and interfaith unity and concord. It was based on the common values of identity of Kazakhstan which consolidates the nationwide conventional wisdom. The Assembly of People of Kazakhstan became a unique authoritative state and public institution that smoothly but fi rmly established itself within the political system. Due to the maximally verifi ed state ethno-politics, the activities of the Assembly headed by its Chairman Elbasy, within the period between 1996 and 2010 the fears of citizens were completely allayed about increased ethnic tensions, and now the people of Kazakhstan are moving towards greater unity. The mastering of new functions and previously unknown types of activity by the newly independent state, establishment and evolution of each state and state-public institution took place by diff erent methods. But they have 5 something in common. The common thread is that all such measures are connected with the fundamental principles of activities of the Republic stipulated by the Constitution.
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