Auelgazina T.

The doctor of political sciences, the professor of chair «Political science and socio-economic disciplines» department Institute of magistracy and PhD doctoral studies of the Kazakh national pedagogical university named after Abay

The Republic of Kazakhstan, Almaty

Legal institutionalization of multi-party system in Kazakhstan

In the modern world political parties in the conditions of democratic modes are integrated, a component of the constitutional system, the state and socially political life. Their activity is settled in a constitutional legal order, institutionalized. As a result of it political parties also gain the political legal status allowing them to function in high-grade and carry out the tasks assigned them by society and state [1, р.41].

Increasing of a role of political party in society, complication of forms and methods of their activity, existence of various types of parties, lead to their legal institutionalization.

The French lawyer Avril P. distinguishes two forms of institutionalization: constitutional and legislative. The first is an inclusion of regulations about political parties in the Constitution (he against such institutionalization which, in his opinion, means integration of parties into the public authorities), the second - recognition of parties by the law, which, however, «... in this case doesn't provide recognition by their authorities in the state, and, on the contrary, assigns duties to them». The essence of this concept consists in aspiration to deduce political parties from the sphere of action of public law: «they should be considered as individuals» [2, р.6].

Distinction of a constitutionalization and legislative institutionalization of political parties is represented artificial. First, already inclusion in the Constitution of norms about political parties and their role «in society and the state» means that the right recognizes them as the institute, which activity «... it is necessary for functioning of all state mechanism». Secondly, though the volume of a legal regulation of political parties in the various countries isn't identical, it isn't reduced anywhere only to the constitutional provisions. Even in the countries which Constitutions are limited to only short regulations on a role of parties (The constitution of the V republic of France 1958) or only mention them (The constitution of Austria 1920) or don't mention them at all (the USA, Great Britain), there is some other normative legal acts defining their legal status, allocating them with certain volume of competences – laws about political parties, electoral law, parliamentary regulations etc. (see 2.1). Therefore, the constitutional regulation is only one of forms of legal institutionalization of political parties [1, p.42].

Opposition of a constitutionalization and legislative institutionalization is in the textbook «Constitutional law of foreign countries». However, authors say about a legal institutionalization of political parties, which, in their opinion, «... it is shown in two interconnected processes: A constitutionalization and legislative institutionalization as a result of which the legal status of parties is defined by the law rather in details» [2, p.7].

But the Constitution is, in essence, the basic law therefore it is incorrect to allocate a constitutionalization from legislative institutionalization. And the term «legislative institutionalization» is incorrect, the legal regulation of the relations connected with education and activity of political parties, is carried out not only by laws, but also by different types of other normative legal acts, and also by norms of a common law.

Thus, the essence of phenomenon of recognition by the right of political parties most precisely reflects the concept «legal (juridical) institutionalization».

The legal institutionalization of political parties is a process of their transformation into legal institute by more wide regulation by the right of a complex of the relations connected with education, the organization and activity of parties [1, p.41].

Legal regulation of party activity in modern political systems includes [3]:

a) the constitutional authorization of position of party in public life;

b) methods and specifics of activity of parties in the conditions of concrete political system;

c) participation of parties in elective mechanisms, promotion of candidates; receiving of financial limits; access to radio and television in the period of elective campaigns, determination the ways of calculation of representation of parties in elective bodies;

d) determination the ways of representation of parties in state authorities;

e) financing the activity of party by the state that becomes the standard and legally adjustable practice. This situation is based that parties and associations carry out public functions within the constitution and consequently their activity should be subsidized.

For years of independence of the Republic of Kazakhstan the legal base, regulating the appearance and activity of public associations and political parties was created. It should be noted that at the first stage of formation multi-party system in the country differed a strong ideologization. Obviously, it was a consequence of existed tradition when in legal acts institutes of civil society were legally made out in the form of the unions, associations, and the right of citizens to association was limited only to the general ascertaining of the fact of its guarantee by the law and increasing the role of public organizations in political system of the Soviet society. This right was an area of political, rather than legal relations, and associations of citizens had formal character.

Public associations of citizens are the most important structural link of civil society – existed in the republic before reconstruction period, however the majority of them operated under control of ruling party, there was no necessary legislative base for activity of these formations that gave big opportunities for manipulations with them from outside, both CPSU, and the state.

The institutionalization of alternative of Communist party the political organizations and parties became possible only with deepening the process of political modernization of society when «parties arise in social movements, depending on character of social structure of society and, in particular, electoral system» [4]

In March, 1990 the 6^th article of the Constitution of the USSR about a leading role of Communist party was cancelled. As the President of the Republic of Kazakhstan Nazarbayev N.A. notes, «disintegration of the USSR and its cementing element in the name of CPSU» became the radical crucial event which has opened the way for formation of multi-party system [5]. Thereby the beginning of transformation of one-party system in the multi-party was put.

Feature of formed multi-party system at that time was that, on the one hand, in support of the socioeconomic reforms which are carried out by the USSR, on the other hand – in political loyalty to an existing mode. Radicalism of political associations was shown only in an assessment of carried-out reforms and criticism of the political management.

The declaration on the state sovereignty Kazakh SSR of October 25, 1990 proclaimed the ideological and political variety in the republic that promoted development of political pluralism. It was fixed by the Law of Kazakh SSR «About public associations in Kazakh SSR» (June, 1991) and the Constitutions of the Republic of Kazakhstan of 1993 and 1995.

After adoption of these legal acts there were first, officially registered political parties: Socialist parties of Kazakhstan (SPK, September, 1991), Republican Party of Kazakhstan (RPK, September, 1991), Party of National Congress of Kazakhstan (PNCK, October, 1991), Communist party of Kazakhstan (CPK, October, 1991), Party of national unity of Kazakhstan (PNUK, February, 1993), National and cooperative party of Kazakhstan (NKPK, December, 1994), Party of the Renaissance of Kazakhstan (PRK, January, 1995). But in political sector unregistered parties operated also: Social Democratic Party of Kazakhstan (SDPK, May, 1990), PNS "Alash", NDP "Zheltoksan", party of Democratic progress of Kazakhstan (November, 1991), party of social justice and ecological revival "Tabigat" (May, 1993). Also on a level with parties carriers of political thinking also socio-political movements actively acted.

Fixing in the legislation of the Republic of Kazakhstan the «political and ideological variety» led to the delimitation on an ideological orientation of political associations. There were organizations of a socialist, liberal and democratic, national and democratic, communistic orientation, various political associations that was new to Kazakhstan in which for 70 years there was only one ideology – communistic.

In political life of the majority of the countries of the world the party play predominating role. Political parties were and remain to be the integral attribute of modern society. At present they are one of the main factors of development not only political system, but also all state as a whole. Therefore for Kazakhstan the further development of political parties is especially important.

Only completion of the party system construction answering to social and psychological and spiritual and moral traditions of people will provide stable, steady development of Kazakhstan, the continuity of an internal and external policy of the country at change of the President and the Government.

At formation of party system it is necessary to be based on world experience as before independence in Kazakhstan there was no multi-party system experience. But it is necessary to consider its own specifics. It is impossible to copy this or that party model, without having taken into consideration history, mentality and political culture of the population. Party construction is a quite difficult process. As the Head of state Nazarbayev N. A. emphasized: «Party construction is a process which has the logic, the past, and also the future in which it is impossible to foresee all details as in laboratory trials» [6].

The list of the used sources:

1. Топорина Т. В. Партии и партийные системы современности: Учебное пособие. – Астана: Фолиант, 2001. - С.41.

2. Юдин Ю.А. Политические партии и право в современном государстве. – М.: Форум-Инфа-М, 1998. – 170 с.

3. Капесов Н.К. Основы политологии: курс лекций. – Алматы: Жеті Жарғы, 1995. – С.134.

4. Мустафин Т.Т. Политология: курс лекций. – Алматы, 1994. – С.133.

5. Назарбаев Н. А. На пороге XXI века. – Алматы: Онер, 1996. – С.172.

6. Кармазина Л.И., Дьяченко С.А. Многопартийность: проблемы и перспективы // Мысль. - 1997. – № 1. – С.8.