INSTITUTION OF THE PRESIDENCY - STRONGHOLD OF STATEHOOD

Mahmud Kasymbekov, Head of the Office of the First President of the Republic of Kazakhstan – Elbassy

On April 24, 1990, the institution of the presidency was first established in Kazakhstan, and at the meeting of the Supreme Council Nursultan Abishevich Nazarbayev was elected the President of the Kazakh SSR. These significant events marked the beginning of the establishment of the presidency, which played a key role in strengthening the statehood and sovereignty of Kazakhstan, as well as the successful development of our country.

The creation of a modern management system, its subsequent modernization and adaptation in accordance with the change in the range of tasks facing the state at different stages of social and economic development, was a great merit of the First President N. Nazarbayev.  A feature of this process was its ripening inside the Soviet political system, which then received its logical conclusion in the conditions of independent Kazakhstan.

As the course of history has shown, the party-state mechanism of functioning of state power, which operated in the Soviet Union and the countries of the socialist system, showed its failure in solving global economic, social and political problems, becoming an obstacle to social development.

Thus, by the early 1990s, the power vacuum caused by the loss of the leading role of the Communist party in the life of the Republic became apparent. The former power institutions and structures that preserved the rudiments of the Soviet administrative and command system did not meet the requirements of the new type of social structure. The attempts by the archaic system of councils of deputies headed by the Supreme Soviet, which combined the functions of representative, executive and legislative power, to provide full leadership proved unsuccessful. The realities of those years were strikes and other mass manifestations of protest activity, reflecting the growth of social tension due to a wide range of urgent problems that required their prompt and effective solution.

The shortcomings of the old management model - bureaucracy, unprofessionalism, lack of personal responsibility of bodies and officials – were obvious. Realizing that only a change in the previous management structure can give the country the necessary impetus, Nursultan Nazarbayev actively worked to implement the principle of a clear separation of branches of government. Thanks to these efforts, the country has gradually developed key political institutions in the form of strong presidential power, a two-chamber professional Parliament and an independent judicial system.

The starting point for the transformation of political power in the Republic was the establishment of the post of President of the Kazakh SSR on April 24, 1990. By that time, Nursultan Nazarbayev was the recognized leader of Soviet Kazakhstan, who had the experience of successful work in the highest party and economic positions. Among the population of the Republic, he was widely known and highly respected, so his election to the post of President of the Kazakh SSR on a non-alternative basis was obvious.

This event marked the establishment of a new state institution in the Republic's management structure, which was necessary for objective reasons. First, the practice of political processes in the world shows that in times of crisis, the state significantly strengthens its role by increasing the concentration of power. Its functions and powers are being expanded to address urgent tasks promptly.

In the case of Kazakhstan, it was a new form of government that could stabilize and strengthen a society that was experiencing a systemic crisis, accompanied by a sharp decline in living standards, social disorientation, and many other complex problems.

In addition to the mobilizing factor, other factors were also highly relevant. Among them are the need for real sovereignty, strategic planning and implementation of planned changes, and building an effective foreign policy. In addition, the multi-ethnic and multi-confessional composition of the population, the huge scale of the Republic's territory, the presence of extensive environmental disaster zones - the territories of the Semipalatinsk nuclear test site, the Aral Sea region and other similar places - were of great importance.

Only the institution of the presidency, endowed with the necessary authority was able to ensure the stability of the new model of governance, political and economic stability. In the transit period under the conditions of economic chaos, radical political, social, and cultural changes on the background of legal nihilism, the weakness of the emerging institutions of political parties the choice of the presidential system in Kazakhstan was the only solution.

In general, the institution of the presidency became the backbone of the entire structure of state administration of sovereign Kazakhstan. Its formation took place as part of the general process of transition from the Republic of Soviets, based on the principle of sovereignty of the Soviets of people's deputies, to the presidential republic, which provides for the division of power.

For the first time, this principle was enshrined thanks to the efforts of Nursultan Nazarbayev in the Declaration "On state sovereignty of the Kazakh SSR" adopted in October 1990. According to its provisions, the then-existing Supreme Council represented the legislative branch of government, the President - the administrative and executive branches, and the Supreme Court - the judicial branch.

At the same time, the reform of the electoral system began. Thus, thanks to the adoption of the Law "On the election of the President of the Kazakh SSR" on October 16, 1991, a new procedure for electing the head of state - by popular vote - was approved. In the first such national elections in Kazakhstan on December 1, 1991, Nursultan Nazarbayev was elected with 98.8% of the vote, with a voter turnout of 88.2%.

In the framework adopted by the Supreme Soviet of the Kazakh SSR on 20 November 1990 the Law "On improving the structure of state power and administration in the Kazakh SSR and amendments and additions to the Constitution of Kazakh SSR "the President was both the head of the Republic and head of the highest executive and administrative power.

Further strengthening of the institution of the presidency took place in the context of the development of Kazakhstan as a sovereign state. Thus, the status of the President of the Republic of Kazakhstan was first defined at the constitutional level. This provision was enshrined in the Constitutional Act of 16 December 1991, "On state independence of the Republic of Kazakhstan".

In 1992-1993, the process of forming the presidential power was underway, due to the need to eliminate duplication, competition between local administrations and the old councils of deputies. The former executive committees were transformed. According to the Law of the Republic of Kazakhstan dated December 10, 1993, "On local representative and executive bodies of the Republic of Kazakhstan", heads of local administrations appeared. New local representative bodies – maslikhats - were created.

However, discussions about the feasibility of a presidential or parliamentary form of government, and the reluctance of the Supreme Council to transfer a number of control functions to the President, brought serious difficulties to the issue of dividing power. Thus, the problem of clearly defining the powers of the Parliament and the President became particularly significant and urgent.

Thus, within the framework of the Constitution of 1993, the President of the Republic of Kazakhstan, as the head of state, led the unified system of executive power. The government represented by the Cabinet of Ministers was responsible to both the President and the Supreme Council. In turn, this body had the right to independently adopt and make amendments and additions to the Constitution, make decisions on a referendum, and also agreed to the appointment by the President of the Republic of the Prime Minister and other senior state officials. Such excessive concentration of power by the Supreme Council contradicted the principle of separation of powers. The imperfection of the provisions of the Constitution of 1993, including the lack of mechanisms for resolving conflicts between the legislative and executive branches of government, priorities and development goals of Kazakhstan's society created a situation of political instability. Actual dual power became a reality, in which along with the current vertical of presidential power, the structure of the Soviets was preserved.

Such contradictions and ambiguities were finally removed in the new Constitution, which was approved in a national referendum on 30 August, 1995, in which 90.6% of all citizens of the country participated. At the same time, 90% of them voted for the new Basic Law, the preliminary discussion of which was wide and open: about 30 thousand comments and suggestions were made, more than 1,100 amendments were included in the text of the new Constitution. According to the new Basic Law, the people of Kazakhstan were declared the only source of power, and the key principles of statehood were public consent, political stability, economic development, Kazakhstan's patriotism, and the solution of the most important issues of state life by democratic methods.

According to this document, the presidential form of government was established in the Republic of Kazakhstan, which led to a change in the mechanism of distribution of power.

The institution of the presidency became the centerpiece of the political system, representing a political and legal superstructure over other branches of government. This high status ensured their effective interaction and allowed the Head of state to act as the supreme arbiter and guarantor of the Constitution, human and civil rights and freedoms.

The government headed the system of executive bodies, managed their activities and made independent management decisions. The President retained a key prerogative in the formation of the Government, determining the strategic directions of its activities, as well as the accountability of the Government to the President. The Constitution declared the guidelines for democratic modernization, enshrined the principle of separation of powers and formulated a mechanism of checks and balances.

The Constitution established the status of a new state body, the Constitutional Council, which replaced the previous Constitutional Court. According to the First President of Kazakhstan, N. Nazarbayev, "in the conditions of the presidential form of government, the Constitutional Council is the most optimal model of a body called to guard the constitutional legality.  It not only provides constitutional control over the compliance of adopted laws with the Constitution but also serves as a kind of additional filter that guarantees the quality of legislative acts adopted in the country. At the same time, it stands apart from political battles." In addition, the new Constitution recognized the institution of local self-government, which created opportunities for decision-making at the local level.

The Constitution made it possible to increase the efficiency of state power since it clearly defined the scope of activity of each branch. The new Basic Law contributed to the establishment of a period of stabilization of the political process in Kazakhstan and its further development in a constructive manner. This made it possible to focus on long-term strategic planning, which was reflected in the President's Address "Kazakhstan-2030: prosperity, security and ever-growing welfare of all the Kazakhstanis" in 1997. This strategic document was supported by a number of subsequent decrees of the Head of state, specified in his annual Messages and provided with Government programs. Kazakhstan became one of the few countries of the post-Soviet space, which already in those difficult conditions of socio-economic transformation solved not only current issues, but also set goals and priorities for future development.

In general, thanks to the model of strong presidential power that was established, the main goal was achieved: to bring the country out of the severe crisis of the 1990s and to implement systemic measures to modernize it. Thus, after the termination of the Supreme Council in March 1995, the President of Kazakhstan temporarily assumed additional powers. Taking a huge historical responsibility for the fate of the country in such a difficult period, Nursultan Nazarbayev has put all his strength, managerial experience and knowledge to accelerate the progress of reforms, contributing to the formation of the necessary legislative framework in a short time.

The results of the Republican referendum on extending the powers of the President, held on April 29, 1995, demonstrated a strong level of public support for the initiatives and policies of Nursultan Nazarbayev. 7,932,834 people, or 95.46% of those who took part in the referendum, voted for the extension of the powers of N. Nazarbayev.  Kazakhstani people saw significant results of the ongoing reforms, realizing the importance of maintaining political stability and social harmony in the process of large-scale reforms.

In the following years, popular support for the political course of the First President only strengthened, and the results of all presidential elections in the country were a clear evidence of this.

Thus, at the elections held on January 10, 1999, 5,846,817 people voted for N. Nazarbayev, or 79.78% of the total number of voters.  At the elections held on December 4, 2005, 6,147,517 people, or 91.15% of the voters cast their votes for N. Nazarbayev.  According to the results of the Presidential election held on April 3, 2011, which was attended by 8,279,227 people, 95.55% voted for N.Nazarbayev.  The last Presidential election held on April 26, 2015, in which N.Nazarbayev took part, became an example of the highest level of public support for his state activities. Of the 9,090,920 people who took part in the vote, 97.75% of the voters cast their votes for the First President.

However, with such an impressive level of public confidence, Nursultan Nazarbayev firmly adhered to the strategy he had chosen for a democratic, constructive resolution of difficult issues of political transit. Examples of this were the reduction of the presidential term by one year as a result of the elections of 10 January 1999, as well as through the snap elections of the President of the Republic of Kazakhstan on 3 April 2011 - by almost two years.

Thus, the concentration of power in the period of overcoming the crisis and the formation of the management system was a necessary condition for solving the complex problems of the formation of a new, liberal-oriented society in Kazakhstan. Being a strong supporter of the progressive vector of development, Nursultan Nazarbayev has consistently implemented measures aimed at promoting the process of democratization. Thus, in the Address to the people of Kazakhstan in 1998, he proposed amendments to the country's Constitution, which related to improving the electoral system, ensuring fair and free elections, increasing the role of political parties, expanding the powers of Parliament, developing civil society, ensuring freedom of the press, forming an independent judicial system, and increasing the representation of women in government.

The adopted Law "On amendments and additions to the Constitution of the Republic of Kazakhstan" gave an impetus to the further development of the country's political institutions. For the first time in the history of the political system of Kazakhstan, the principle of proportional representation in the electoral system was introduced. The number of deputies of the Mazhilis increased to 77 deputies, 10 of them were elected on party lists. The powers of the Parliament to amend the Constitution and control the Government were significantly expanded. The most important tool of an independent judicial system became the establishment of a jury. The provision on the procedure for replacing the post of president in case of death or resignation was also approved, which provided for the following sequence:  the Chairman of the Senate - the Chairman of the Mazhilis - the Prime Minister. The term of office of the President was extended to seven years, deputies of the Senate - to six years, deputies of the Mazhilis - to five years.

The positive results of implemented reforms in the country achieved under the leadership of President Nursultan Nazarbayev in the most responsible period of formation of statehood found widespread acceptance in society and led to the adoption by the country’s Parliament of the constitutional law of RK dated July 20, 2000, "On the First President of the Republic of Kazakhstan". In order to ensure the continuity of the main directions of the domestic and foreign policy of Kazakhstan, further socio-economic and democratic transformations in the country, the deputies determined the political and legal status of the First President as the founder of the new independent state – Elbassy - who ensured its unity, protection of the Constitution, human and civil rights and freedoms. The First President, due to his unique historical mission, has a lifelong right to address the people of Kazakhstan and state bodies with initiatives that are subject to mandatory consideration, to address the Parliament, at Government meetings, to head the Assembly of the People of Kazakhstan and the Security Council, to be a member of the Constitutional Council.

Meanwhile, the increase in positive dynamics in the early 2000s in the socio-economic development of the country led to the updating of new public demands and requirements for the political system of the country.

In response to dynamic development processes, Nursultan Nazarbayev initiated a national dialogue on the future liberalization of society and the promotion of political reforms in 2002. For several years, this dialogue took place in the form of commissions of the republican level with the participation of a wide range of socio-political forces, representatives of civil society, well-known political figures and experts, as well as government agencies. As a result of this work, President Nursultan Nazarbayev submitted a package of relevant proposals to the Basic Law. On May 21, 2007, the country's Parliament adopted the Law "On amendments and additions to the Constitution of the Republic of Kazakhstan". This constitutional reform outlined the vector of movement towards a presidential-parliamentary form of government, in line with the trend of liberal political transformations. The changes provided for a redistribution of power and an increase in the role of the Parliament. The procedure for the Mazhilis to express a vote of no confidence in both the Government and each minister was facilitated. The Parliament had the right to form two-thirds of the Constitutional Council, the Central Election Commission and the Accounts Committee. The Prime Minister was appointed by the President with the consent of the majority of deputies of the Lower Chamber. The constitutional reform also marked the transition to a proportional electoral system. The number of deputies of the Senate and Mazhilis increased to 154 people. Local government, the basis of which were maslikhats, was developing. In particular, the term of office of deputies of local representative bodies was increased to five years. The procedure for expressing distrust of akim by maslikhat was simplified.

The judicial system was improved, and the functions of selecting candidates for the position of judges were transferred to the Supreme Judicial Council. Measures were envisaged to strengthen the Assembly of People of Kazakhstan by granting this body constitutional status and ensuring its representation in the country's Parliament. The term of office of the President was five years instead of the previous seven years.

In addition, practical actions aimed at further democratizing the institutions of the state and society were envisaged. The 2007 reform was a clear indication of the political realism and strategic vision of the First President N. Nazarbayev, the result of a common desire to strengthen the foundations of the state for the long term.

At the same time, in 2001-2006, the country implemented measures to decentralize and transfer some functions of state power to the local level. Changes were made to the legislation on elections, and elections of grass-roots mayors were held on a pilot basis. In addition, the practice of reporting all mayors to the population was introduced, and measures were taken to involve non-governmental organizations in the implementation of the state social order.

In the Address to the people of Kazakhstan "New Kazakhstan in a new world" dated February 28, 2007, Nursultan Nazarbayev stressed the need to form a Kazakhstan model of political transit. Its features, according to the Head of state were: the preservation of the presidential form of government, gradual reforms, balanced decisions, and consolidation of the main political forces.

As the course of development of political reform in Kazakhstan showed, the institution of the presidency played a key role in this process, being the initiator and conductor of the reforms. Speaking at the international scientific and practical conference "The Constitution is the basis of democratic development of the state", dedicated to the 15th anniversary of the current Constitution, Nursultan Nazarbayev noted: "In Kazakhstan, with the absolute support of the people, a strong presidential power was established. In the conditions of state formation, social, economic and political modernization, the supreme power has no right to be weak. This was shown by the unsuccessful experience of state-building in many post-Soviet countries. For 15 years of constitutional development, Kazakhstan has not had a single political crisis. All issues were resolved on the basis of constitutional provisions on the interaction of branches of the single state power."

In the following years, the process of reforming Kazakhstan's society continued its progressive development. In March 2015, Nursultan Nazarbayev announced a program of Five Institutional Reforms aimed at modernizing the state apparatus, ensuring the rule of law, industrializing and diversifying the economy, strengthening Kazakhstan's identity and creating a transparent and accountable state. Their achievement involved the subsequent step-by-step implementation of the constitutional reform, which proposed the redistribution of power from the President to the Parliament and the government. On January 11, 2017, a working group was established on the redistribution of powers between the branches of government. The discussion of the draft constitutional amendments took on a nationwide character, with the participation of about two million people. Six thousand proposals were received, affecting two-thirds of the articles of the Constitution.

Thus, the Law "On amendments and additions to the Constitution of the Republic of Kazakhstan" adopted on March 6, 2017, by the Parliament and then signed on March 10, 2017, by President N. Nazarbayev introduced amendments to 25 articles of the Basic Law.  Kazakhstan entered a deeper phase of political modernization. The constitutional reform significantly strengthened the role of the Parliament in state affairs and in the formation of the government. The government was given the power to manage the economy, thus it gained a greater degree of independence. The constitutional basis of the law enforcement and judicial systems was modernized. The system of constitutional control was strengthened. The authority to issue laws and decrees having the force of laws was excluded from the competence of the President, the right to cancel and suspend acts of the government and the Prime Minister was abolished. In addition, the expansion of the Parliament's powers opened up new opportunities for political parties.

New changes gave the political system a greater degree of democracy, increased the balance, flexibility and effectiveness of state power while maintaining a strong presidential power. Thus, in January - March 2017, the Kazakhstan model of political modernization was implemented and thereby created the necessary conditions for further sustainable development of the country.

In general, the processes of formation and development of the new political system in Kazakhstan, its modernization and adaptation, in accordance with the changing realities and challenges of the time, were initiated and took place with the direct participation of Nursultan Nazarbayev. The created institution of the presidency was a system-forming factor of political stability, a pivotal pillar of statehood, as well as a key driver of systemic reforms in the country. An optimal model of administrative and state management was formed with a clear hierarchy of state power, including a responsible compact government, a professional Parliament, an independent court, and executive structures of self-government in the regions. All this combined made up a single system state mechanism of power.

Such a model facilitated constructive interaction between the branches of government, helped to avoid the political crises that took place in a number of post-Soviet states, and ensure the progressive, systematic development of Kazakhstan on the path of a market economy and the promotion of the process of democratization.

Having made the decision on resigning the presidential powers on March 19, 2019, Nursultan Nazarbayev created the necessary conditions to ensure the transit of the highest authority in the country. With this step, carried out in full compliance with the Constitution, he reaffirmed his strong commitment to the democratic vector of development of Kazakhstan. 

According to the Basic Law, Chairman of the Senate of the Parliament Kassym-Jomart Tokayev became the Head of state. At the democratic elections held in June 2019, the people of Kazakhstan elected a close associate of Nursultan Nazarbayev, an experienced public official, widely known and respected in the international community, Kassym-Jomart Tokayev as the country's President.

The newly elected President has consistently continued the strategic course of Elbassy towards the further modernization of Kazakhstan. During this busy and at the same time stressful year, the Head of state has done a great job to promote political and socio-economic transformations aimed at bringing the country to a new trajectory of development.

With self-control, calmness and at the same time determination, the President confidently leads Kazakhstan on the path of further progress and prosperity.