Kazakhstan continues the practical implementation of a new constitutional model of state governance. Parliament has initiated the legislative formalization of a political-legal reform, which provides for the creation of the institution of the Vice-President, a transition to a unicameral parliament, and significant changes to the electoral system.

At a joint session of the Parliament of the Republic of Kazakhstan, deputies approved several key draft laws in their first reading – the Constitutional Law "On the President of the Republic of Kazakhstan", the Constitutional Law "On the Kurultai of the Republic of Kazakhstan and the Status of its Deputies", as well as a package of amendments to the Constitutional Law "On Elections in the Republic of Kazakhstan". The presented documents are aimed at the institutional formalization of the political reform stipulated by the new Constitution, which comes into force in July of this year.

The draft Constitutional Law "On the President of the Republic of Kazakhstan" was presented to the deputies by Minister of Justice Yerlan Sarsembayev. According to him, the document is comprehensive in nature and aims to systematize the legal regulation of the institution of the presidency in accordance with the updated Constitution.

– The President of the Republic of Kazakhstan is the symbol and guarantor of the unity of the people and state power, the inviolability of the Constitution, human and civil rights and freedoms. The third section of the Constitution, dedicated to the President, consistently and logically develops the political formula "Strong President – Influential Parliament – Accountable Government," the minister emphasized.

According to Yerlan Sarsembayev, the draft law includes eight chapters and 43 articles. The document regulates in detail issues regarding the status of the Head of State, the procedure for taking office, terms of power, restrictions, as well as the mechanisms for interaction between the President and other state institutions.

The Minister of Justice specifically focused on the fact that the provisions of the 2022 constitutional reform remain unchanged.

– I want to note that the conceptual provisions introduced in 2022, aimed at moving away from the super-presidential form of government, remain unchanged. These include a single seven-year term for the presidency, restrictions for close relatives of the President, and his non-partisanship, – reported Yerlan Sarsembayev.

According to the draft law, provisions on snap presidential elections are excluded from legal regulation due to the abandonment of this institution. The timing for taking the oath and the procedure for the Head of State to take office are being clarified.

A significant part of the document is devoted to the powers of the President. In particular, the Head of State retains the functions of determining the country's domestic and foreign policy, interacting with the Government, state bodies, and the new representative institution – the Kurultai.

At the same time, the law for the first time establishes the powers of the President regarding the Qazaqstan Khalyk Kenesi (People's Council of Kazakhstan).

– A separate article for the first time establishes the powers of the President regarding the Qazaqstan Khalyk Kenesi, including the approval of its composition and the formation of its organizational infrastructure, – said Yerlan Sarsembayev.

A separate norm regulates the interaction of the President with the Commissioner for Human Rights.

– The President, in accordance with the Constitution, appoints the ombudsman and hears his annual report, which strengthens institutional guarantees for the protection of citizens' rights and freedoms, – the head of the agency emphasized.

One of the most discussed provisions of the draft law was the introduction of a new institution – the Vice-President of the Republic of Kazakhstan. As the Minister of Justice explained, the relevant norms have already been enshrined at the constitutional level, and the presented draft law determines the procedure for implementing this mechanism.

– The key novelty of the draft Constitutional Law is the implementation of the new institution introduced at the constitutional level – the Vice-President of the Republic of Kazakhstan. It is aimed at increasing the stability of the public administration system and ensuring the continuity of the functioning of the highest bodies of state power, – stated Y. Sarsembayev.

According to the draft law, the Vice-President will be appointed by the President with the consent of the Kurultai. Qualification requirements for the candidate, grounds for termination of powers, and restrictions comparable to the status of the highest state official are also established.

The main function of the Vice-President will be to represent the President on his instructions when interacting with state bodies. The specific scope of powers will be determined by separate acts of the Head of State.

The draft law also stipulates that the activities of the Vice-President will be ensured by the Presidential Administration.

In addition, the document regulates issues regarding the issuance of acts by the Head of State. In particular, in the event of the temporary absence of the Kurultai due to the early termination of its powers, the President will be able to issue decrees having the force of constitutional law or law.

According to Yerlan Sarsembayev, the proposed changes are aimed at ensuring the institutional stability of the highest state power.

– The adoption of the constitutional law will ensure further improvement of the institution of the presidency, strengthening the stability of the public administration system, the development of political modernization, and the implementation of the principles of justice, legality, and the rule of law in accordance with the new Constitution, – he concluded.

Another key issue on the session's agenda was the consideration of the draft Constitutional Law "On the Kurultai of the Republic of Kazakhstan and the Status of its Deputies". The document was presented to the deputies by Majilis member Aidos Sarym.

According to him, the draft law was developed to implement the new constitutional model of unicameral parliamentarism.

– The main goal of the draft law is to establish the constitutional and legal foundations of a unicameral Kurultai, – the deputy reported.

According to the draft law, the Kurultai will consist of 145 deputies elected by a proportional system for a term of five years. The document defines the place of the Kurultai in the system of state power, its structure, competence, and operating procedures.

Aidos Sarym noted that the transition to a unicameral model corresponds to international practice.

– In many countries, the transition to a unicameral parliament is associated with the desire to increase the openness of the legislative process and political accountability. From a historical point of view, upper houses were usually created to ensure regional representation or as an additional filter in conditions of deep social crises, – the Majilis member emphasized.

According to him, the new model will reduce institutional barriers in decision-making.

– A unicameral parliamentary system reduces institutional inertia, since draft laws are considered in one body, and responsibility for decisions made is not shared between chambers. This makes the political process more understandable for society and strengthens the personal and party accountability of the Kurultai, – noted Aidos Sarym.

The document establishes forms of parliamentary activity, including sessions, meetings, parliamentary hearings, and government hours. It also regulates the formation of committees, commissions, deputy associations, the parliamentary majority, and the opposition.

At the same time, the draft law includes a norm stating that the Kurultai will become the legal successor of the Parliament of the Republic of Kazakhstan. After the law comes into force, all draft laws pending consideration by the Majilis will be transferred to the Kurultai.

Simultaneously, the deputies approved in the first reading a draft law on introducing amendments and additions to the Constitutional Law "On Elections in the Republic of Kazakhstan". The document was presented by Deputy Prime Minister – Minister of National Economy Serik Zhumangarin.

As the speaker noted, the amendments were developed based on the analysis of previously conducted election campaigns.

The amendments propose regulating the procedure for repeat voting in the elections of akims (local governors).

– In the event of a tie in votes received by candidates, the territorial election commission must, within one month, decide to hold a repeat vote, – he explained.

Restrictions are also being introduced on the participation of one person in several election campaigns simultaneously.

– The same person cannot simultaneously be a candidate for deputy of the maslikhat (local representative body) and akim, nor can they be a candidate for akim in several electoral districts, – specified Serik Zhumangarin.

A significant part of the amendments is devoted to regulating online campaigning and the use of digital platforms.

– When using online platforms, candidates must be provided with equal conditions for posting campaign materials, – emphasized the Deputy Prime Minister.

In addition, candidates from political parties are allowed to use party internet resources and social media accounts without concluding additional agreements.

Thus, if a candidate is nominated by a political party, he will be able to use the party's official internet resources and its social media accounts without concluding an additional agreement.

The document also strengthens control over election financing. In particular, a ban is introduced on raising funds outside of election funds.

Additional changes concern the institution of candidates' proxies and requirements for members of election commissions. The developers note that citizens convicted of corruption, grave, and especially grave crimes cannot be part of their composition.

At the same time, the draft law provides for the possibility of temporarily suspending the powers of commission members due to academic leave or child care leave.

Furthermore, it is proposed to expand opportunities for citizen participation in voting by creating additional polling stations.

– In the future, it will be possible to open polling stations at places of rotational work, as well as in special institutions that ensure the temporary isolation of certain individuals from society, – reported Serik Zhumangarin.

Experts note that the proposed norms are aimed at increasing the transparency of political processes, strengthening the responsibility of state institutions, and developing mechanisms for parliamentary control. At the same time, the course towards abandoning excessive concentration of power and further political modernization is maintained.

If the laws are finally adopted, by summer Kazakhstan will transition to the functioning of a renewed constitutional system, within which the Kurultai will become the central representative body, and electoral legislation will be adapted to the new political and legal conditions.

By Linara SAKHTAGANOVA
Astana