The changes adopted in the referendum on the Constitution of Kazakhstan remain a relevant topic for discussion among experts in the region. Political analysts and representatives of the authorities are considering how the new Fundamental Law may affect state governance and its further development.
Alikbek Dzhekshenkulov, who has experience working in government structures, also expressed his opinion on the constitutional changes in a conversation with the editorial team of Vesti.kg.
Revising the Philosophy of the Fundamental Law
According to him, a key aspect of the reform is a radical revision of the philosophy of the Fundamental Law. This implies a transition from declarative formulations to a more structured and ideologically justified document that defines the value orientations for the state and creates a basis for its further progress.
Thus, the updated Constitution not only introduces changes to specific norms of power but also forms a new value foundation for the state structure, emphasizing the principles of historical continuity, unity of peoples, and care for nature.
An Unprecedented Number of Changes
The scale of the reform has proven to be truly unprecedented. Experts note that the changes affected about 84% of the text of the Fundamental Law, making this reform the most extensive since Kazakhstan gained independence.
In Dzhekshenkulov's opinion, the necessity for such deep changes became evident against the backdrop of a new stage in the state's development. Although it was initially planned to amend about forty articles, it later became clear that a more global transformation was required.
These reforms underscore a new stage in the development of the country's political system, marking a transition from a "super-presidential" model to a presidential republic with strengthened parliamentary power.
The Constitution as a Social Contract
An important aspect of preparing the constitutional reform was changes in public perception. The new Fundamental Law can be viewed as a social contract aimed at reflecting the balance of interests between the state and society and taking into account the new expectations of citizens.
It is also worth noting the openness of the reform preparation process. The draft Constitution underwent a lengthy public discussion lasting about six months and included participation from the Constitutional Commission and a specialized working group with representatives from various fields.
During the discussions, citizens submitted about two thousand proposals through electronic platforms, demonstrating the implementation of the principle of a "listening state".
Strengthening Sovereignty
The new version of the Constitution also emphasizes strengthening independence and statehood. One significant step was changing the procedure for applying international treaties, which are now regulated by Kazakhstan's national legislation.
According to the expert, this allows for enhanced legal mechanisms to protect sovereignty and reduce the risks of external pressure on the internal legal system.
Equally symbolic is the establishment of historical continuity in the preamble of the Constitution, where Kazakhstan is defined as the successor of states that existed on the territory of the Great Steppe, giving the modern state greater historical legitimacy.
Focus on Human Rights
The updated Constitution also emphasizes human rights and freedoms, which has become one of the most detailed sections of the Fundamental Law.
This approach highlights the aspiration towards a more human-centered state policy and a change in governance philosophy, where the protection of citizens' rights becomes a priority.
New Guarantees for Citizens
The Constitution introduces additional guarantees for citizens' rights, including a prohibition on the retroactive effect of laws, protection of housing, and the inadmissibility of eviction without a court decision, as well as restrictions on the collection and use of personal data.
Procedural guarantees are also stipulated, including a prohibition on double jeopardy for the same offense and the inadmissibility of coercion to testify against oneself and close relatives.
The Constitution also enshrines the Miranda rule, which requires informing the detained person of their rights at the early stages of the criminal process, granting this principle constitutional status.
Strengthening Judicial Protection
The mechanisms for judicial protection of citizens are also strengthened; for example, the legal profession is enshrined in the Constitution for the first time as an independent institution protecting citizens' rights and ensuring equality of parties in judicial matters.
A Response to Contemporary Challenges
The new version of the Constitution takes into account modern challenges, including political, environmental, and digital risks.
The document introduces restrictions on foreign funding for political parties, aimed at protecting against external interference, and obliges careful management of natural resources.
Digital Rights and Information Protection
For the first time at the constitutional level, the right to protect personal data in the digital space is enshrined, including a prohibition on the illegal collection and use of information through digital technologies.
These norms are particularly relevant in the context of rapid digital progress and the increasing use of technologies for data processing.
New Power Structure
The updated Fundamental Law also makes changes to the governance system. It clarifies the balance between branches of power and more clearly defines the form of government.
The Constitution establishes a presidential republic, strengthening the mechanisms of checks and balances between state institutions.
The powers of the parliament are expanded, allowing it to have more influence on the formation of key state bodies and increasing government accountability.
The role of political parties and representative bodies at the local level is also strengthened, contributing to a transition to a more party-based system.
New mechanisms for public representation and interaction between central authorities and regions are being created.
Conclusion of the Reform
Thus, in Alikbek Dzhekshenkulov's opinion, the constitutional reform lays the foundation for a new political model for Kazakhstan, aimed at strengthening sovereignty, developing political institutions, and enhancing guarantees of citizens' rights and freedoms.
