Public oversight in Kazakhstan, in the context of the constitutional reforms of recent years, has ceased to be a declarative institution and is gradually acquiring the characteristics of a genuine mechanism for citizens to influence public administration.
The formation of a "Listening State" model presupposes not only government transparency but also institutional tools for feedback.
Undoubtedly, the constitutional transformation of recent years has altered not only the text of the Fundamental Law but also the logic of how public authority functions in the Republic of Kazakhstan. The redistribution of powers among branches of government, the strengthening of Parliament's role, the development of local self-government, and the institutionalization of the principle of accountability have become the foundation of a new governance philosophy.
The adoption of the Law of the Republic of Kazakhstan "On Public Oversight" on October 2, 2023, marked an important milestone in systematizing mechanisms for civil society participation in the management of state affairs. The Law established the forms of public monitoring, public expertise, public hearings, and participation in evaluating the activities of state bodies.
Together with the Law "On Access to Information" and the provisions of the Administrative Procedural Code, public oversight forms the legal architecture of public accountability.
At the current stage in Kazakhstan, we can speak of the formation of a three-tier system:
– preventive oversight (public monitoring);
– advisory oversight (public councils);
– jurisdictional protection (administrative justice).
A special place is occupied by public councils operating under state bodies. They have become an institutionalized form of dialogue between the state and society.
However, practice shows that the effectiveness of their work directly depends on:
– transparency of the procedures for forming their membership;
– independence of members;
– genuine consideration of recommendations;
– professional training of participants.
Without strengthening the expert component and establishing mechanisms for mandatory responses to the recommendations of public councils, there is a risk of maintaining a formalistic approach.
Digitalization has been a key factor in strengthening oversight, as the development of digital platforms has significantly expanded opportunities for civic participation. Portals such as "Open Legal Acts," electronic appeals, and public online discussions of regulatory acts are fostering a new culture of transparency.
Digitalization not only simplifies participation but also enhances the measurability of public opinion. Looking ahead, the integration of analytical artificial intelligence tools could improve the quality of processing public proposals and monitoring the implementation of decisions.
Regarding the relationship between public oversight and administrative justice, it can be noted that they do not compete but rather complement each other. While public oversight aims to prevent violations, administrative justice ensures the restoration of violated rights. Under the Administrative Procedural Code, citizens have gained a genuine tool for challenging decisions and actions of state bodies, thereby strengthening the accountability of public administration.
Thus, public oversight is becoming part of a broader system of guarantees for human rights in the sphere of public administration.
Despite the positive changes brought about by constitutional reforms, unresolved issues remain regarding the formal nature of certain public discussions, low youth engagement, insufficient legal culture of participation, and weak feedback from some state bodies. Furthermore, further institutionalization of budgetary transparency and anti-corruption public monitoring is necessary.
In the context of ongoing modernization of public administration, public oversight must evolve from an advisory mechanism into a fully-fledged element of public governance.
Thus, the key directions for the development of public oversight are:
– strengthening the binding nature of consideration of recommendations;
– expanding digital tools for participation;
– increasing the professionalization of public overseers;
– integrating public oversight into strategic and budgetary planning processes.
Public oversight is not a means of pressuring the state but a tool for partnership. Its maturity is determined not only by the quality of legislation but also by the level of trust between the government and society. In the context of the "New Kazakhstan" reforms, transparency and accountability are becoming the foundation for sustainable development and the strengthening of a rule-of-law state.
Nazhiya KALISHEVA,
Doctor of Law, Associate Professor, Department of Theory
of State and Law, Constitutional and Administrative Law,
Faculty of Law, Al-Farabi Kazakh National University
Comments powered by CComment