History Bashenov Dauren

Undergraduate 2 courses of the Kazakh National University They al-Farabi Almaty city Specialty: history Bashenov Dauren

The history of the parliamentary of Kazakhstan

The main condition for the political stability of society is the effective activity of the Parliament of a state, so the Parliament occupies an important place in the system of state power. The legal status of the Parliament depends on many factors; here are important features of the form of government, as well as the features of the party system, the political culture of the population, etc. All these circumstances have a significant impact on the practice of parliamentary in a country, the initial social status of Parliament. The purpose of this work is to analyze the history of parliamentary of the Republic of Kazakhstan (hereinafter RK). To achieve this goal is the solution of the following tasks: - to analyze the Constitution of 1993-the way to the creation of a professional Parliament; - review the Constitution of 1995 - formation of a bicameral Parliament; to explain the beginning of the professional parliamentary system Parliament of the first convocation of RK; - describe the changes and additions made to the Constitution in 1998- expansion of the powers of the Parliament; - explain the results of the Parliament of the II convocation of Kazakhstan: "Party Parliament»; - to determine the results of the activities of the Parliament of Kazakhstan of the THIRD convocation: the merger of Pro-presidential parties; - to study the introduced amendments to the Constitution in 2007: a new stage in the development of parliamentary in Kazakhstan; - to characterize the one-and-a-half-party system of The Parliament of the IV convocation; - explain the results of the Parliament of the V convocation of Kazakhstan: "Kazakhstan-2050»; - to study the results Of the Parliament of VI convocation: new challenges; - to identify the results of the II session of the VI convocation of the Parliament of Kazakhstan. The methodological basis of the research is formed by scientific methods of cognition of social phenomena and processes. General scientific methods are used: historical; dialectical; abstract and concrete in realization of a number of powers of

Parliament, regulations of its work; system-structural, including the analysis and synthesis. The Constitution of 1993 is the way to create a professional Parliament. At the time of independence in 1990, the Foundation of the Institute of the young state Parliament was laid. The Parliament of Kazakhstan was the Foundation of a stable and sovereign state, thereby occupying the legislative branch of power, while the Parliament has certain relations, as well as with the President of Kazakhstan and other branches of government. During the 25 years of state independence, Kazakhstan has been changing not only the convocations and individual deputies, but also the system basis for the formation and functioning of the legislative body. The Republic inherited the Supreme Soviet from the Soviet past. And with the adoption of the new Constitution in 1995, it was replaced by a bicameral Parliament, which survived five convocations. Each of them was noted in its own way in the development of the country. The most significant role was played by the Supreme Council of the 12th convocation (1990-1993). It fell to him to adopt legal acts laid the Foundation of the construction of the sovereign Kazakhstan's statehood, the Declaration of state sovereignty of the Kazakh SSR and the constitutional law "On the state independence of the Republic of Kazakhstan" and the first Constitution of the Republic of Kazakhstan. In addition, this Supreme Council in April 1990 for the first time introduced the post of President of the Republic and elected Nursultan Nazarbayev as such. Subsequently, however, it became increasingly difficult for the Supreme Council to work with the head of state and his system of Executive power. In addition, the first of them clearly dominated the political and power system established by the Constitution of the Republic of Kazakhstan in 1993. In these circumstances, a conflict was brewing between the two branches of government, which was actually resolved by the "de-Sovietization" of the entire representative government in October-December 1993 in the form of the self-dissolution of councils at all levels. However, this process was clearly initiated by the Executive power. As a result, the last in the life of the Soviet and the first in the life of sovereign Kazakhstan Parliament left the political arena of the country. The Supreme Council of the Republic of Kazakhstan of the 13th convocation (1994-1995) came with considerably reduced in quantitative terms (from 360 to 177 people), but at the same time rich in political composition. It was the first to have parliamentary factions of political parties (people's Congress of Kazakhstan, socialist party of Kazakhstan), and there were about 14 Deputy groups. So, since that time, political parties and movements have been able to gain access to real levers of power, with the ability to influence the development and adoption of state programs. It should be noted that the Supreme Council was declared unconstitutional at that time, due to the fact that the constitutional court found some acts of the electoral legislation not corresponding to the Constitution of Kazakhstan, but

2 despite its short term, the Supreme Council of the 13th convocation laid the Foundation for further development of parliamentarism in Kazakhstan. The Constitution of 1995-the formation of a bicameral Parliament. The Constitution of the Republic of Kazakhstan of 1993 contained contradictions, being a kind of compromise between the old and new political system. And on August 30, 1995, as a result of a national referendum, a new Constitution of the Republic of Kazakhstan was adopted, which eliminated the shortcomings of the state system under the Constitution of the Republic of 1993 [2]. For the first time the concept of "Parliament" was officially enshrined in the Constitution of the Republic of Kazakhstan in 1995, defining the Parliament as the highest representative body exercising legislative functions, consisting of 2 chambers: the Senate and the Mazhilis. Deputies are elected to the Senate by local representative bodies (maslikhats) for 2 persons from each region, city of Republican significance and the capital, and 7 deputies of the Senate are appointed by the President of Kazakhstan for the term of office of the Senate. In the Mazhilis deputies are elected by single-mandate territorial constituencies, formed taking into account the administrative-territorial division and with approximately equal number of voters. On October 16, the constitutional law "on the Parliament of the Republic of Kazakhstan and the status of its deputies" was developed [3]. Next, we consider the beginning of the professional parliamentary system the Parliament of the first convocation of the Republic of Kazakhstan. The Parliament of the first convocation of Kazakhstan: the beginning of the professional parliamentarism. In 1995 elections to the bicameral Parliament of Kazakhstan were held. On 5 December 1995, elections to the Senate were held. 40 senators were elected by 2 people from 19 regions and the capital of the country. The President appointed 7 senators, O. Baigeldi Became Chairman of the Senate of the Parliament of the First convocation. December 9, 1995 elections to the Majilis. 67 deputies were elected on the basis of the majority system, M. Ospanov became Chairman of the Majilis of the First convocation. In 1997, the term of office of Senate deputies elected for 2 years expired. As a result of optimization of the regions of the Republic, elections were scheduled for 14 regions of the Republic and Almaty. On 8 October 1997, 15 deputies were elected to the Senate. On February 11, 1998 elections of deputies of Senate of Parliament of RK on Akmola, in connection with the announcement of Akmola the capital of RK [4, c. 328]. The powers of the Parliament of Kazakhstan of the first convocation began with the opening of the first session 30 January 1996 and ended with the beginning

3 of the first session of the Parliament of the SECOND convocation on 30 November 1999. The Parliament of the 1st convocation had 2 main tasks: bringing the legislation in accordance with the new Constitution of the Republic of Kazakhstan and development of new legal acts. From January 30, 1996 to November 29, 1999 the bicameral Parliament of the First convocation adopted about 500 legal acts. Amendments and additions made to the Constitution in 1998-expansion of the powers of the Parliament. 19 amendments to the Constitution were made by the Parliament of Kazakhstan on October 7, 1998 by adopting the Law "on amendments and additions to the Constitution of the Republic of Kazakhstan" [5]. With regard to the activities of the Parliament of Kazakhstan were the following changes and additions to the Constitution: - the powers of Parliament to control the Government were expanded; - the terms of office of the President were increased from 5 years-7 years, deputies of the Mazhilis - up to 5 years, deputies of the Senate - up to 6 years; -a mixed majoritarian-proportional system of elections to the Mazhilis was introduced: political parties were given 10 seats for election on party lists on the basis of proportional representation, political parties that gained at least 7% of the votes were allowed to distribute Deputy mandates. Parliament of the II convocation: "Party Parliament". Regular elections to the Majilis Were held in 1999, 10 political parties took part in these elections, 67 deputies were elected in single-mandate constituencies. The Chairman of the Majilis of the Parliament of the II convocation was Zh. Tuyakbay. 10 seats allocated to political parties in the national district, which have overcome the 7% barrier, were divided by 4 parties: - RPP "Otan" to 4; - Communist party of Kazakhstan-2; - Civil party of Kazakhstan-1; - Agrarian party of Kazakhstan 1. In 1999 and 2002 elections of deputies to the Senate were held. Note that O. Abdykarimov (December 1999 – March 2004) was the President of the Senate of Parliament of the SECOND convocation, N. Abykayev and other (March 2004- January 2007). Note that more than 600 bills have gained the status of laws of almost 570 reviewed and approved by the Parliament of the SECOND convocation, intensified legislative initiative of the deputies, becoming the authors of more than 170 bills and intensified factional work, the activity of the parliamentary groups, has expanded the number of committees. But despite the many positive aspects, the deputies of the II convocation did not actively influence the solution of social problems of the country's population. Parliament of the III convocation of Kazakhstan: merger of Pro-presidential parties. The third convocation was held in September 2004-elections to the Majilis of the Parliament of Kazakhstan, 12 political parties took part, 4 of them – as part

4 of 2 electoral blocs. As a result of the elections to the Majilis, 77 deputies were elected, 67 of them were elected in single-mandate territorial constituencies, formed taking into account the administrative-territorial division of the Republic with approximately equal number of voters, and the remaining 10 deputies were elected on the basis of party lists on the system of proportional representation and on the territory of the unified national electoral district. Of these, 7 deputies from the Republican political party "Otan", one from the Democratic party "AK Zhol", the Republican party "Asar" and the electoral bloc "STORK" of the Agrarian and Civil parties of Kazakhstan. U. Mukhamedzhanov became Chairman of the Majilis of the Parliament of the III convocation. Further, due to the expiration of the term of office of the Senate deputies, who were elected on 17 September 1999, the Senate deputies were elected on 19 August 2005. N. Abykayev and other (March 2004-January 2007); K. Tokayev (January 2007 – April 2011) - Chairman of Senate of the Parliament of the THIRD convocation. In 2006, the political parties "agrarian party of Kazakhstan", "Asar" and "Civil party of Kazakhstan" joined the party "Otan", as a result of the merger appeared party – NDP "Nur Otan". 20 Jun 2007 the Mazhilis of the RK Parliament of THIRD convocation has completed its work in connection with the presidential decree "On dissolution of the Mazhilis of the Parliament of the Republic of Kazakhstan of the third convocation and appointment of extraordinary elections of Majilis deputies of the Parliament of the Republic of Kazakhstan" [6]. Amendments to the Constitution in 2007: a new stage in the development of parliamentarism in Kazakhstan. The Constitution of the Republic of Kazakhstan was amended and supplemented in may 2007, the essence of the amendments was that: -after consultations with the factions of political parties and with the consent of the Majilis, the Prime Minister of Kazakhstan is appointed; - the number of deputies in each of the chambers of Parliament has been increased. In particular, the number of Senate deputies appointed by the President has been increased from 7 to 15. At the same time, some of them are appointed after appropriate consultations with the Assembly of peoples of Kazakhstan; - The Majilis is formed under the new scheme, which is based on a proportional system with elements of the principle of representation, in particular, 98 of 107 deputies of the Majilis are elected on the basis of universal, equal and direct suffrage by secret ballot, 9 deputies representing different ethnic groups of Kazakhstan are elected by the Assembly of people of Kazakhstan; -an additional criterion for the deputies of the Parliament as permanent residence in the territory of the Republic of Kazakhstan for the last 10 years is fixed, the norm on the absence of any mandatory mandate of the Deputy of the Parliament is excluded;

- established the right of Parliament to Express a vote of no confidence in the Government in the case of non-approval by Parliament of the Government's report on execution of the Republican budget. According to the amendments, the constitutional laws should be adopted by the Parliament at a separate session of the Chambers through consistent consideration of issues first in the Mazhilis and then in the Senate. The Parliament of the IV convocation: polutorafuntovaja system. In August 2007, elections to the Majilis of the Parliament of Kazakhstan of IV convocation. After amendments and additions to the Constitution of the Republic of Kazakhstan, the Majilis consisted of 107 deputies, 98 deputies were elected by party lists on the basis of universal, equal and direct suffrage by secret ballot in a single national constituency, and the remaining deputies were elected from the Assembly of people of Kazakhstan. 7 political parties took part, 7% of the barrier was overcome only by the party "Nur Otan", deputies from which received all 98 seats in the Majilis. In may 2007, on August 29, 2007, 8 more deputies of the Senate were appointed by the decree of the President of Kazakhstan in accordance with the amendments to the Constitution. Elections to the Senate of the Parliament of Kazakhstan were held in 2008 and 2011, as the term of office of deputies elected in 2002 and 2005 respectively was ended. Chairman of the Senate of the IV convocation - K. Tokayev (January 2007- April 2011), K. Mami (April 2011-October 2013). Chairman of the Majilis of The Parliament of the IV convocation – Musin (September 2007 – October 2008); U. Mukhamedzhanov (October 2008 – November 2011). The Majilis of the fourth convocation completed its work on November 16, 2011 in connection with the issuance of the Decree of the President of Kazakhstan "on the dissolution of the Majilis of the Parliament of the Republic of Kazakhstan of the fourth convocation and the appointment of early elections of deputies of the Majilis" [7]. Parliament of the V convocation of Kazakhstan: "Kazakhstan-2050". In January 2012, the V convocation of the Majilis Was formed, 7 political parties took part in the elections, 3 of which, according to the final results, gained more than 7% of the votes and passed to the Majilis. Seats in Parliament were divided in this way: - 80,99% party "Nur Otan" - 83; - 7.47% Democratic party of Kazakhstan "AK Zhol" - 8; - 7.19% Communist people's party of Kazakhstan – 7. August 26, 2013 in connection with the expiration of the term of office of deputies of the Senate, the decree of the President of Kazakhstan appointed 8 deputies. Due to the registration of Senate deputies elected in October 2014, the powers of Senate deputies elected in October 2008 were terminated.

Chairman of the Majilis of the Parliament of the V convocation of steel N. Nigmatulin (January 2012 – April 2014); the conference (April 2014 – January 2014) and Chairman of the Senate of the Parliament of the V convocation – K. Mami (April 2011 – October 2013); K. Tokayev (since October 2013). The Parliament of VI convocation: new challenges. On March 20, 2016, extraordinary elections of deputies of the Mazhilis Were held, as on January 22, 2016 the President of Kazakhstan dissolved the Mazhilis by decree on the appeal of the deputies themselves. The main reasons for the termination of powers of the Deputy appeal called the implementation of the current convocation of its mission by creating a legislative framework for the implementation of the National Plan, the need for broad public consolidation in a responsible time, as well as the combination of parliamentary elections with elections to maslikhats. 6 political parties took part in the elections, 3 of which broke the 7% barrier and passed to the Mazhilis: KDP "AK Zhol" (7.18%), knpc (7.14%). "Nur Otan" party again proved its political leadership, receiving 82.15% of the vote. As a result of the elections, the Deputy corps consisting of 107 people was replaced, of which 98 deputies were elected by party lists, and 9 were delegated from the Assembly of people of Kazakhstan. Nigmatulin N. Z. he Became Chairman of the Majilis of the VI convocation. The new Parliament needed to solve economic problems, a number of important tasks on legislative work (the Unified tax and customs code, the code on subsoil and subsoil use, changes in legislation on electricity, etc.), to strengthen inter-party cooperation and achieve coordinated work of all factions, active participation in international inter-parliamentary cooperation, etc. The main task of the new Parliament is the implementation of the national Plan "100 concrete steps" to implement 5 institutional reforms. The head of state outlined step by step his vision of how to improve the work of the state apparatus, make its activities transparent and accountable, how to ensure the rule of law, economic growth, to form a nation of a common future. The national plan is a coordinated algorithm of actions of all healthy forces of society, its phased implementation will allow Kazakhstan to enter a new stage of development [8]. II session of VI convocation of the Parliament of Kazakhstan. The Parliament has received greater powers, and the Government has become more accountable to the legislature, all this speaks in General about improving the culture of law enforcement. 84 bills have been passed by Parliament since September 2016, 66 of them have already been signed by the President and entered into force, and the most politically important changes concerned constitutional amendments, according to which the President transferred part of his powers to the Government and Parliament. Constitutional reform of the President N. Ah. Nazarbayev-is, above all, the further development of democracy, strengthening the foundations of democracy, increasing the responsibility of Parliament and Government while maintaining a strong Presidential power, and the redistribution of powers between the branches

7 of government, of course, was an effective response to the global and regional challenges of our time. And the session began with the adoption of another important law on counteraction to terrorism and extremism, for a discussion of the law began to invite community members and even representatives of parties that are in Parliament have not passed. Most of all there were bills of a social nature. For example, the parameters of compulsory health insurance were changed several times. Once, due to objective circumstances, we moved the terms of introduction for six months, and once again reduced payments to ease the burden on entrepreneurs. And every time the people's deputies raised the topic of self-employed. Elzhan Birtanov, Minister of health of Kazakhstan proposed to give the opportunity to exercise their right and obligation to these persons to pay to the Fund at a minimum rate of 5% of one MWP – 1222 tenge per month, respectively, about 14 thousand tenge per year. 15 bills, 10 of which have already been adopted, were initiated by the deputies themselves. For example, about pastures. Today there is a huge amount of land in the country where cattle can be grazed, but not grazed. The land is degraded, the owners receive subsidies. As the Head of state noted, pasture cattle breeding is a competitive advantage of the country. Today, 100 million hectares of pastures are not used at all. MPs and even closed the 2nd session of the VI convocation, but work is still underway. The THIRD session of the VI convocation of the Parliament of Kazakhstan. September 4, 2017, the opening of the III session of the VI convocation. The new session began with a joint session of both houses of Parliament - the Mazhilis and the Senate. The main work on the draft laws will start later, N. Nazarbayev has set tasks for the legislature for the next 10 months. First and foremost, the President noted trends and challenges facing the country currently is the unstable global situation, the sanctions policy, which are world powers, and the proliferation of destructive phenomena, which in recent years, according to N.Nazarbayev, are even more active. In this regard, it was decided to appoint two Deputy Prime Ministers. They will be focused on solving these problems. For example, Askar Zhumagaliyev will oversee the digitalization of the economy and the implementation of the state program "Digital Kazakhstan". Askar Zhumagaliyev, as the President noted, has proven himself in such matters. In turn, Yerbolat Dossayev will strengthen the country's macroeconomic indicators. Also N. Nazarbayev noted in his speech the work on the redistribution of powers between the President, Parliament and the Government. Recall that these amendments were made to the Constitution in July 2017. And this, according to the Head of state, should be an impetus for the active work of all branches of government.

Elections to the upper house were held in June 2017. According to their results, 16 deputies were identified - from each region and from the cities of Astana and Almaty. At the moment there are 27 bills in the portfolio of the Parliament. Some of the relevant documents are on taxation, insurance activities, housing relations, social security, as well as regulation of the agro-industrial complex. It is also planned that the deputies in the new session will pay great attention to the new version of the law on currency regulation and currency control. As for the nearest future, The Parliament will consider the Code on taxes and other obligatory payments to the budget and customs regulation, as well as the code on subsoil and subsoil use by the end of the year. Conclusion. In Kazakhstan, the Parliament is bicameral and acts as the highest representative institution of the country, through which the Kazakh people Express their political will, as well as carry out legislative functions. The Parliament of Kazakhstan, having undergone a complex evolution, became professional, proved its worth as a body that created the legal basis for reforms, contributing to the strengthening of political stability, civil peace and national harmony in the country. In Kazakhstan, the development of parliamentarism has gone the right way, its foundations are based on the timely response of the system, even on small disturbances, which hypothetically can lead in the future to progressive tensions and the threat of destabilization. The role of the political and legal coordinator of socio-economic and political processes is successfully fulfilled by the Kazakh Parliament. Stability is achieved by the fact that the main meaning and content of the powers of the Parliament provided by the Constitution is reduced to legislative activity on adoption of legislative acts of stable, long-term action. In Kazakhstan, the Institute is developing according to its rights and laws, purposefully and gradually. The effectiveness of the development of parliamentarism in Kazakhstan is due to the organic unity of its current state and historical prerequisites. The most important, in our opinion, directions of development of parliamentarism in Kazakhstan are: 1) qualitative changes in the role of political parties in the state and society. Creation of conditions for fundamental change of the legal status of political parties and on their basis – strengthening of powers and authority of Parliament. This opens up completely new opportunities for the development of the party system of Kazakhstan and parliamentary activity; 2) raising the professional level of the deputies of the Parliament and a certain level of political culture of the people's deputies connected with this issue, only a highly professional Parliament can successfully solve today the complex tasks of creating a legal framework in various spheres of public life. 3) development of the Parliament's relationship with the Government on the basis of the constitutional principle of checks and balances.

Practice has shown that for our society, close to the ideal, there can only be a model that takes into account the economic and social characteristics of the country, the mentality of its people and the cultural tradition developed over the centuries. Of course, the process of establishing a true parliamentarism is still going on in our country. Therefore, Kazakhstan in the near future should strengthen the socio- political importance of the Parliament. And there is only one way — as much as possible to ensure that all legislative activity actively contributed to the resolution of the problems facing the country, was effective and, ultimately. Contributed to the improvement of social well-being of Kazakhstan.

References:

1 Zhotabaev N. Formation of the Kazakh parliamentarism. Almaty: Zheti Zhargy, - 2000.-240 p. 2 Constitution of the Republic of Kazakhstan (adopted at the Republican referendum on 30 August 1995) (with ISM. and additional for status. on 10.03.2017 g.) 3 constitutional law of the Republic of Kazakhstan of 16 October 1995. №2529 "on the Parliament of the Republic of Kazakhstan and the status of its deputies" (ed. and additional for status. on 15.06.2017 g.) 4 Malinovsky V. A. LEADER: presidential power in Kazakhstan at the turn of epochs.- Astana, -2012.- P. 328. 5 Law of the Republic of Kazakhstan of 7 October 1998. №284-I " on amendments and additions to the Constitution of the Republic of Kazakhstan» 6 decree of the President of the Republic of Kazakhstan dated 20 June 2007. No. 350 "On the dissolution of the Majilis of the Parliament of the Republic of Kazakhstan of the Third convocation and appointment of extraordinary elections of Majilis deputies of the Parliament of the Republic of Kazakhstan» 7 decree of the President of the Republic of Kazakhstan dated 16 November 2011. No. 175 "On the dissolution of the Majilis of the Parliament of the Republic of Kazakhstan of the fourth convocation and calling early elections of deputies of the Majilis of the Parliament of the Republic of Kazakhstan» 8 national Plan-100 concrete steps to implement five institutional reforms of the Head of state Nursultan Nazarbayev (may 2015.)