Abilkhan Beiseuov

1^st year Masters student

Law Faculty

Al-Farabi KazNU

Scientific leader: Alua Ibraeva

Doctor of Jurisprudence, professor

Law Faculty

Al-Farabi KazNU

Periodization of formation of a presidential government in the Republic of Kazakhstan

The post of the President has been founded in our country on April 24, 1990. The academician NAS RK Sartayev S.S. has developed bases for establishment of a post of the President. S. Sartayev made the report on need of introduction of this body for our country on a tribune of Parliament of the Kazakh SSR [1].

This form began to extend also in other countries of Central Asia which entered USSR earlier. This choice is connected with centuries-old traditions of regional political culture, and also the Soviet heritage with pronounced personification of the power. Not incidentally after finding of sovereignty in a state system of the CIS countries such lines as concentration of the power at top of an executive vertical and hierarchy have remained. At the same time under other conditions the result of political processes, as we know, in many respects is defined by political and cultural norms, values and installations.

Special position of the President in system of division of the power and the mechanism of controls and counterbalances is fixed in Kazakhstan. The president provides the coordinated functioning and interaction of public authorities. The president is elected in public, he is a spokesman of national interest. It is possible to tell that the President of Kazakhstan is above all branches of the power.

The president of the Republic of Kazakhstan, carrying out the government, being the head of state, takes part in implementation of each of kinds of the uniform government of the functions, directly interacting with bodies of legislative, executive and judicial authority. The president of the Republic of Kazakhstan acts as a backbone element of the considered system. He is a guarantor of independence, territorial integrity and safety of the country, provides observance of the Constitution and interaction of public authorities.

I want to note that the presidential government is based on strengthening of a role of the head of state as national political leader. It allows to integrate legislative and executive branches of the power into the uniform working mechanism based on system of controls and counterbalances, their effective interaction. At the same time, the President having powerful powers is guided by the parliamentary majority and according to it forms policy. We will note that in the Constitution of RK strong control powers of Parliament of RK, methods of effective control behind activity of the Government, etc. are put [2].

Thus, it is possible to conclude that the presidential government of the Republic of Kazakhstan established by the Constitution of 1995 answers realities of transitional time and promotes stability of a course of gradual political modernization of the country.

We will address history of emergence of the sovereign state of the Republic of Kazakhstan. The main decisive advantage of a presidential government of the Republic of Kazakhstan which has made her legitimate in the opinion of the Kazakhstan society is ensuring political stability of the country with the head of state in the conditions of a transition period. In the conditions of disintegration of the Soviet Union which has led to crisis of the government in general, to formation of political vacuum, a complete separation of legal continuity of the country, only and natural I was correct creation of the strong presidential power. In the late eighties in the USSR the period of total crisis of the government and system of public administration has begun. Stagnation practically in all branches of economy was observed, the social sphere practically didn't develop, the social and legal nihilism accrued. In society decadent moods became ripe, growth of offenses was observed, steel signs of mass discontent are shown. We will note mass actions against policy of the USSR in Kazakhstan on December 16, 1986, performances in Georgia, in the Baltic republics. The special resonance across all USSR was received December by performance of youth in Almaty. It is known that this performance has been cruelly suppressed by the political leadership of the USSR.

In these conditions presidential power became the embodiment of the state sovereignty, having kept the constitutional nature of political process, not having allowed it to be beyond a legal framework. According to many researchers, formation of an effective presidential government has substantially weakened also authoritative tendencies, having allowed avoid establishment of the military and police dictatorship leaning on an emergency rule.

Speaking about a periodization of formation and development of the form of government in the Republic of Kazakhstan it is possible to allocate several stages.

The first stage is connected with establishment of a post of the President Kazakh the Soviet Socialist Republic. On April 24, 1990 at the first session of the Supreme Council Kazakh the Soviet Socialist Republic of the twelfth convocation the Law "About Establishment of a Post of the President Kazakh the Soviet Socialist Republic and Modification and Additions in the Constitution (Basic Law) Kazakh the Soviet Socialist Republic" has been adopted. The law has defined the President as the head of the Kazakh Soviet Socialist Republic - a component of USSR. It has also predetermined features of constitutional legal status of the President of the Republic. The president was allocated with the right to present to the Supreme Council Kazakh to the Soviet Socialist Republic the candidacy for a post of the Chairman of the board of Ministers Kazakh the Soviet Socialist Republic. At the same time the President didn't admit the chief executive. As characteristic feature of this stage it is necessary to recognize a peculiar dualism in implementation of the government in the republic.

Acceptance became on October 25, 1990 the second stage. Declarations on the state sovereignty of the Kazakh Soviet Socialist Republic. The declaration has allocated the government Kazakh with the Soviet Socialist Republic supremacy, independence, completeness in the Republic, and also in the external relations determined by the Allied contract. We will note what the Declaration was the political document, but not legal. That is the Declaration has laid the political foundation for creation of independent Kazakhstan.

Third stage. Transition to this stage has followed quickly enough. It has been caused by the general dynamism of development of the situation both in the Soviet Union in general, and in Kazakhstan. This transition is connected with adoption of law Kazakh the Soviet Socialist Republic of November 20, 1990. "About improvement of structure of the government, modification and additions in the Constitution (Basic law) Kazakh the Soviet Socialist Republic".

Provisions of the Declaration on the state sovereignty of the Kazakh Soviet Socialist Republic have been incorporated in the text of the Constitution Kazakh by the Soviet Socialist Republic on November 20, 1990 by means of the Law "About Improvement of Structure of the Government and Management in Kazakh the Soviet Socialist Republic and Modification and Additions in the Constitution (Basic Law) Kazakh the Soviet Socialist Republic". According to changes the President Kazakh the Soviet Socialist Republic became the head of the higher executive and administrative authority, the post of the Vice-president Kazakh has been founded by the Soviet Socialist Republic which was elected by the Supreme Council on representation of the President of the republic. The council of ministers has been transformed to the Cabinet, positions of the prime minister, ministers, chairmen of the state committees are formed.

In our opinion, this period can be considered as an existence stage in Kazakhstan of the parliamentary republic. Here, despite existence of institute of the president of the Republic of Kazakhstan, Supreme Council from the legalistic point of view possessed powers according to the solution of the main questions of domestic and foreign policy and exercised control of activity of executive bodies of the government. Thus, the First President of the Republic of Kazakhstan has been elected in the conditions of the parliamentary republic that has predetermined the list of his powers and a ratio with other institutes of the government.

The fourth stage is connected with acceptance on January 28, 1993. Constitutions of the Republic of Kazakhstan. This period is connected with strengthening of system of executive power as the power which is directly led by the President of the country. At this time Council of ministers the Cabinet has succeeded, the uniform device which has united the office of the President and the office of the Cabinet has been created.

Thus, speaking about the formation of presidential power in the Republic of Kazakhstan may be noted that at the very beginning of the presidential power to function in a system approaching the parliamentary form of government. Thus, the Supreme Council elects the president and oversaw a government that was accountable to him. In November 1990 the President moved the entire scope of authority of executive power. An attempt was made to form a single executive branch headed by the President, there was a merger of the Presidential office and the Cabinet of Ministers. The basis of the political system of this period was based on the classical model of presidential republic. In general, in the infancy of presidential power and strengthened it became as the most important political institution, ensuring the independence, autonomy Republic. But along with these innovations in the state were many remnants of the past, and not the last place in this list is outdated legal framework and laws of the republic. By creating a new state, the new institutions of power, they have resulted in the need to logically complete the form. All these factors led to the adoption by the Supreme Council almost unanimously (309 votes out of 312) January 28, 1993 the first Constitution of independent Kazakhstan.

The fifth stage. The 1993 Constitution as democratic in content, still bore the stamp of the socialist state. Many important issues were not reflected in it. This included issues such as the introduction of private ownership of land, the issues of relations of powers, the responsibility of government to the people, and others. This is why the new Constitution was needed.

August 30, 1995 in a national referendum adopted the Constitution of the Republic of Kazakhstan. This stage can be considered as the period of the founding and establishment of a presidential republic in Kazakhstan. At this stage of development of Kazakhstan's government in the form it had made significant adjustments. The Constitution of Kazakhstan in 1995 contributed to a concentration of power in the system of executive bodies and a significant centralization of state regulators. These solutions were fully justified and led to stabilization of the state and power relations. By achieving this stability conditions were created for the expansion of the system impact of legislative (representative) bodies in the direct control of the processes.

The sixth stage. It is a modern, current stage of development of the form of government in the Republic of Kazakhstan. The beginning of this phase can be determined in 2001 This stage is connected with the political reform of the state legal system. Note that the governance mechanisms do not fully meet the needs of economic growth in the country. Especially clearly this contradiction evident in the regions. Reverse the negative trend was called the Law "On local governance in the Republic of Kazakhstan." This phase can be characterized as a stage of the decentralization of the management processes, the stage of transition to a new quality of interaction of public authorities relating to its different branches. At this stage, the decentralization of state power. [3]

During the time that has elapsed since the adoption of the current Constitution, amendments were made to it three times: in 1998, 2007 and 2011.

In 1998, changes were made and amendments to 19 articles of the basic law. The changes affected the timing and powers of the President, deputies of the Senate and the Majilis, has been removed the upper age limit for a public servant provided previously. In addition, as amended in 1998 stipulated that 10 deputies of the Majilis are elected based on party lists by proportional representation.

May 21, 2007 have been made changes and additions to the Constitution of the Republic of Kazakhstan. Republic has made a significant step from a presidential to a presidential-parliamentary form of government, that is the logical result of the policy on the development of democracy and civil society in Kazakhstan.

The essence of the changes and additions are as follows:

• transition to the proportional electoral system;

• strengthening of the status of the Parliament by introducing rules on the approval of the Prime Minister of the parliamentary majority and the president of the consultation procedure with the party factions in the appointment of the head of government.

Kazakhstan People's Assembly was given constitutional status and won the right to delegate their representatives in the Majilis and the Senate of the Parliament according to the established quota. In February 2011, the Constitution was amended, aimed at establishing constitutional foundations and purpose of holding early presidential elections.

Thus, in Kazakhstan, the process of formation of the institute of presidential power.

With the adoption of the Constitution of 1995 in the Republic of Kazakhstan is the establishment of an independent presidential branch. Presidential Power demonstrates how its priority over the executive and over the other branches. Saving for President of the central place in the system of state power bodies of Kazakhstan will determine the prospects of development of the state machinery in the country.

The list of the used sources

1 Sartayev S. S. Presidency is expedient//the Kazakhstan truth. – April 10. – 1990.

2 Maylybayev B. A. Formation and evolution of institute of the President of the Republic of Kazakhstan: problems. Tendencies, prospects (experience of political and legal research). - Almaty: Аrys: 2001.

3 Mukhamedzhanov B. A. Form of government of the Republic of Kazakhstan: the constitutional model and practice of public administration - M.: Science, 2007. - 246 pages.