91��ý

The Constitution is the fundamental law of the Republic of Kazakhstan. Every person should regard the Constitution as an important event in the life of the state. The Constitution is a document that defines and enshrines the system - first and foremost, the rights and freedoms of citizens - thereby guaranteeing their implementation, as well as the integrity, development, and prosperity of the state. The new Constitution strengthens the protection of fundamental human rights - for example, the absolute nature of the right to life, the inviolability of the person, and the protection of personal data in the digital age; it also enshrines the “Miranda rule.” The draft also includes provisions related to freedom of speech, freedom of scientific, technical and artistic creativity, and the protection of intellectual property. Education and science, culture and innovation are defined as the central ideas of the new Constitution. The choice of these directions is not accidental; in fact, it is critically important for Kazakhstan’s further development. In a rapidly changing world where daily technological progress is effectively reshaping the paradigm of the planet’s future, the key resource is no longer mineral wealth but people. In this context, setting a course toward developing human capital in the Constitution is an opportunity to move to the forefront of the global arena and take a place among the developed countries of the world. The development of science provides a powerful impetus for technological progress, creates new markets, attracts capital, and therefore raises the overall level of public welfare. Moreover, it reflects the state’s intention to consistently invest in people and develop science and the education system, thereby continuously improving the quality of the nation. It should also be noted that the emphasis on scientific development and the spirit of innovation has a certain philosophical dimension: it reflects the nation’s intention to move beyond separate elements and be ready for new, positive changes.

In addition, special attention is focused on protecting the rights of women and children. The principle of separating religion from the state is enshrined. The secular nature of the education and upbringing system is affirmed, with the exception of spiritual and religious educational organizations. At the same time, a provision is introduced stating that marriage is a voluntary and equal union of a man and a woman. Such an approach is aimed at strengthening the protection of women’s rights and safeguarding traditional values. Among the innovations of the constitutional draft is a norm establishing the people of Kazakhstan as the sole bearer of sovereignty. Furthermore, the term “republican referendum” is changed to “nationwide referendum.” A norm is formulated according to which the people exercise power directly through a nationwide referendum and free elections, and also delegate the exercise of their power to state bodies.

The constitutional draft is the result of painstaking work carried out over six months by prominent lawyers, representatives of the expert community, and deputies. The proposed amendments to the Basic Law affected all sections and 77 articles, which amounts to 84% of the text of the current Constitution.

Among the key innovations of the constitutional draft, the following can also be highlighted:

·         The formation of a new unicameral Parliament - the Kurultai - consisting of 145 deputies and endowed with new, expanded powers. A proportional electoral system will be used in its formation, and deputies’ terms of office will be five years.

·         The proportional system will contribute to the development of parties’ personnel policies, increase their institutional role, and strengthen the accountability of political forces to society.

·         The creation of a new platform for nationwide dialogue - the People’s Council of Kazakhstan (Qazaqstannyn Khalyk Kenesi). It will be the highest consultative body representing the interests of the people of Kazakhstan and will have the right of legislative initiative.

·         The establishment of the institution of Vice President. On behalf of the President of Kazakhstan, the Vice President will interact with socio-political, scientific, cultural, and educational organizations of Kazakhstan and foreign states.

·         Protection of intellectual property.

The draft of the new Constitution meets the strategic objectives of developing society and the state. It reaffirms the foundations of Kazakhstan’s established statehood with strengthened emphases and corresponds to the logic of the concept “Strong President - Influential Parliament - Accountable Government.” The provisions laid down in the constitutional draft create the basis for the start of a qualitatively new stage in the evolution of the state and society.

L.K. Beisembayeva, Associate Professor of the Department

of General and Inorganic Chemistry, 91��ý Kazakh National University.