The importance of the new draft Constitution lies in its appropriate adaptation to the traditions of nomadic civilization and modern realities. In the history of Kazakhstan, before the formation of the USSR, documents such as the Great Yassa of Genghis Khan and the constitutions of Khans Kasym, Yesim, and Tauke were in effect. During the Soviet and post-Soviet periods of our statehood, important constitutions were also adopted in 1978, 1993, and the current Constitution of 1995.
According to my analysis of public opinion, the majority of the population supports the idea of changes proposed by the Head of State at the recent Kurultai in Kyzylorda, which implies the creation of a new edition of the Constitution.
The Constitution of 1995 played its historical role, revealing both the strengths and weaknesses of our statehood. Although it has undergone changes dictated by time, the moment has come for more decisive steps to ensure legal sovereignty and the future of the nation.
The presented draft of the new Constitution has sparked active discussions in society, reflecting the progressive changes in legislation discussed at meetings of working groups and the Constitutional Commission established at the initiative of the president.
However, despite numerous opinions, it is difficult to agree with the position of human rights activist Yevgeny Zhovtis, who expressed doubts about the new edition of the Constitution in his recent article on the BBC News website, and I find his conclusions unfounded.
Firstly, since 2019, the president has been actively implementing the concept of a Just State, which is reflected in six principles of domestic policy, including the idea of a "Strong President — Influential Parliament — Accountable Government." This creates a foundation for interaction between the president and the three branches of government, helping to avoid abuses.
In this regard, the appointment of senior officials is now shared between the president and the Kurultai, which strengthens control and representation of the people's interests.
Moreover, the new norms of the Constitution maintain immunity for a number of senior officials, but also provide clear mechanisms for revoking this immunity in criminal cases.
Thus, Zhovtis's assertion about the "super-presidential" nature of the new Constitution lacks legal grounds.
Secondly, Kazakhstan continues to be a full-fledged participant in international law for the protection of human rights. Respect for international treaties is a key aspect of the draft new Constitution, emphasizing the importance of adhering to international law norms.
Particular attention is paid to the fact that the procedure for the action of international treaties in Kazakhstan will be determined by national legislation, which is necessary for the effective application of international law.
Regarding Zhovtis's opinion that the norms of Article 23 of the draft may lead to restrictions on freedom of speech, I consider this an exaggeration, as there is free expression of opinions in the country.
It is important to note that the exercise of rights provided for by international law carries special responsibilities, which is also emphasized in international documents.
The third point — the emergence of a unicameral legislative body — the Kurultai — reflects the historical traditions of Kazakh society. All laws should be adopted in one body, which simplifies the legislative process and makes it more logical.
The establishment of the Kurultai as an "Influential Parliament" has been discussed within various political actions and has found support among the population, indicating the necessary legitimacy of this initiative.
The fourth aspect concerns politics and economics. Economic issues, such as the budget and control over its expenditures, are fundamental for any legislative body, and Kazakhstan is no exception. Therefore, the new Constitution includes rules regarding the economic activities of the Kurultai and its interaction with the government.
The Kurultai will have the right to enact laws concerning the republican budget and state assistance, as well as to hear government reports, which strengthens its control over the executive branch.
Thus, it is important that the discussion of the new Constitution is based on a deep understanding of the historical context and the real experience of developing national statehood, which will create an effective legal foundation for the future of Kazakhstan.
