AMIRZHAN SHALTYKOV
Doctor of Political Sciences,
Professor
STATUS AND PROSPECTS OF
PRIVATE INSTITUTIONS OF KAZAKHSTAN
Since political reforms in Kazakhstan, carried out since the
beginning of the 90’s of the past century, dramatic changes have been made in
all basic spheres of our society: political, legal, economic, social etc. The
situation is complicated by such negative factors as political apathy of the
population, low political and legal culture. To overcome mentioned negative
phenomena is possible only if it exists effective cooperation between state and
civil society, citizens and government; and the relationship between them
should be based on mutual responsibility. This idea was stressed in
"Strategy of Kazakhstan’s entering into the list of top fifty competitive countries
" by President of the Republic of
Kazakhstan - Nursultan Nazarbayev, underlining, that "we are building a
free, open and democratic society" (1).
The policy of democratic
reforms in Kazakhstan sharply raised the issue of the effective functioning of
the institutions of civil society, their empowerment, providing adequate to current needs
protection and fulfilling interests of different groups and populations. Mainly
the success of economic and social reforms depends largely on the efficiency of
organizations and institutions of civil society, being in direct contact with
the population, as they are called to express most of their interests, should become
the primary source of information as for the people or state power. This shows
the importance of the role of non-state institutions of the society as
indicators of the interests of various population groups; their managing skills
to solve pressing problems and effective promote the implementing national
interests of the Republic of Kazakhstan, basing on political stability,
economic progress and sustainable development.
Non-government institutions are one
of the basic institutions of modern society, being a voluntary association of citizen,
united to articulate, aggregate, represent and protect interests of groups and
population in general. They targeted to problem solving, which is a significant
element of control and correction mechanism underlying the relationship of
modern democratic civil society and state power.
Non-government institutions in
the modern states are, first of all, a variety of flexible mechanisms devoted
to the citizen could define and express a wide variety of interests of groups
and the general population. In addition, they develop the political skills of
its members, elect new political leaders to contribute to political activity,
educate people on a wide range of legitimate consensus to issues of public
interest, that provide the basis of the political stability of democratic institutions
and the state in general. They also own the function of state control over the
tendency to centralize power and avoid civil liability, which is an important
factor in ensuring the political stability of the state.
In the developed democratic countries,
non-governmental institutions are one of the main instruments of market and democratic
reforms. They contribute to the public policy of modernization, social and
political structuring of the society, the formation in it of various special
interests, self-organization of civil society, the institutionalization of
civil initiatives, education, infrastructure, effective democracy and political
stability. Today, these organizations represent a force of social development,
carry out their functions and play a role in the development of civil society.
Non-government institutions are
characterized not only as special socio - economic, but also as political
orientated. In known democratic countries, political stability is ensured by poliarchic
management, by participation of political parties, groups of interest and pressing
groups in decision-making, which is of a legitimate character and is reflected
in the current political and legal norms of a democratic state. Non-government
institutions, as an integral part of civil society, directly contribute to the
establishment and development of both businesses and democratic political
system.
Thus, the non-state
institutions are complex institutions and mechanisms, which fall outside the
scope of the state in the strict sense of the word, as a practical field of
action of subjects of political process. To the non-governmental institutions
and organizations in the structures of civil society organizations reffer
lobbying organizations, pressure groups, trade unions, associations, and many
other forms of organizational forms as,
for example, religious organizations, consumers’ cooperatives, private pension
funds, the Bar, Notary Chamber, cooperatives of apartment owners, the Chamber
of Auditors, etc. Like an organization of civil society non-governmental
institutions should assume the rejection of the profit, but there may be performed
and commercial areas. Many non-governmental organizations have their staff of
employees and, consequently, these organizations can hardly be called as public
ones. This feature distinguishes the non-governmental institutions from other
forms of civil society, and determines their position of non-state institutions
as a link between political, state, in the strict sense and non-political civil
society.
It should be stressed that the
development of the private institutions of civil society designed to create the
environment for free and democratic interactions, to meet the diverse interests
of social groups and strata of the population and the needs of a society. The
level of independence of non-governmental organizations of civil society,
various organizations, associations, political parties, movements, media,
families, churches, and others from the state, democracy from social and
political system has a decisive influence on the nature and distribution of
power in society.
It should be noted that the
interaction of state authorities with non-governmental and civil society
institutions contributes to the process of finding ways and methods of solution
of pressing in society, social, economic and political problems. Open and real
cooperation of government with non-state institutions, the trade unions,
business associations and other institutions of civil society, is one of the
most significant symptoms and evidence of a genuine democracy of any government.
The experience of developed
democratic countries shows that in addition to non-profit, i.e. non-market
functions non-state sector can also provide services to producers and
consumers, which can be attributed to the market, to make a solid contribution
to job creation and income growth, and actively participate in making and
implementing policy decisions, providing interests’ representation of all
groups and populations. Non-government, non-commercial organizations, being an
integral part of civil society, directly contributes to business development
and modernization of the political system.
It should be emphasized that
in a democracy, the institutions of civil society and the state are functioning
as separate but interdependent parts of a total system, and as en exclusive
right a state carries out political and legal regulation of relations in
various spheres of public life and defines the political nature of non-state
institutions of civil society. The relationship between the government and
civil society are built on the basis of public agreement and cooperation aimed
at achieving a compromise.
Over the years independence
in Kazakhstan it is laid out the foundations of civil society, and the basic
institutions were non-state, non-profit and non-governmental organizations. In
the Republic of Kazakhstan non-state sector is still emerging, both in terms of
organization and in the legal structure; developing private sector begins to
occupy a niche in the relationship between state and society.
Today, the reform process is
irreversible and gets its further development and deepening. Mainly due to
privatization completion in all sectors of the economy it is emerged and stuck multiple
forms of ownership. And the economy has acquired the features of
multiculturalism.
Increased economic inequality
in society caused by the redistribution of state property through privatization
and stockholding, penetrating in to our life the private property, led to the
formation differing interests in the society, including political and thus -
the forces that express them.
All this gave birth to different
political parties and movements. The party in a democratic system is one of the
forms of representation and expressing interests of broader civil society.
In the modern political process in
Kazakhstan extensive system of interest representation has yet to be created.
The parties’ system in Kazakhstan is not yet in a position to act as an
effective channel broadcast requirements of broad social groups to state power.
Therefore, the dominant form of political representation serves the middle
class. World practice shows that the middle class is the foundation of social
stability, the driving force of the market economy. The influence of the
business representatives on the sate power structures in order to achieve their
goals and interests - is universal for all countries of the world the business
serves as the subject of politics.
In Kazakhstan it is paid special
attention to founding and developing of small and medium business. These issues
are at the heart of the entire social and economic policy of the state.
This
is confirmed by the following data: over the past decade, the number of
entrepreneurs has soared. The numbers of people employed in small and
medium-sized businesses are now more than 1.8 million people, or a quarter of all
working people. They produce one-third of GDP (2). It is the small and
medium-sized businesses which create basic jobs, form a middle class and,
ultimately, provides a national well-being and prosperity of the state.
It is no
accident that the National Council on Public Policy under the President of the
Republic of Kazakhstan in 1995 approved the "Concept of formation of a new
socio-economic behavior of the citizens of the Republic of Kazakhstan"
(3). This concept was put forward the idea of promoting through public
policy quantity growth of the middle class as a strategic resource upgrading. Large
middle class formation in all phases of ongoing reforms in Kazakhstan is declared
as one of the goals of democratic transformation.
As you can see, the middle
class in the emerging civil society in Kazakhstan is becoming the core of
socio-economic system of society. Therefore, an important factor in the
political business is providing state support to entrepreneurship.
It is known that in all
countries the business influences on the public policy in different forms and
areas. It is definite pressure on the legislature to adopt new laws, decrees
aimed to implement the interests of whole business, participation in projects,
laws, etc. However, unfortunately, in Kazakhstan, in fact, it is not provided
legal forms of participation of business in the political process.
As we noted above, the non-state
sector in Kazakhstan is being formed, the non-state sector is beginning to
occupy a niche in the relationship between state and society. In recent years,
the country it is growing the number of associations, foundations,
associations, confederations, etc. both in sectors and regions, whose main aim
is to strengthen its influence in the activities of the parliament and
government decision-making on economic issues. Among the most notable - the
National Economic Chamber "Union" Atameken ", the Confederation
of Employers of the Republic of Kazakhstan, the Federation of Trade Unions of
the Republic of Kazakhstan, the Eurasian Industrial Association and others
In Kazakhstan, the
associations of businessmen were integrated into a national alliance capable of
on an equal basis with the authorities to decide fundamental issues of
competitiveness of the economy and building a strong democratic and stable
state. The problem of economic effectiveness of business performance on a
national scale can be solved only in a broader context, taking into account, as
the public interest and the interests of other social groups.
National Economic Chamber
"Union" Atameken ", serving as a bridge between the President of
the Republic of Kazakhstan, the Parliament of the Republic of Kazakhstan and
the business structures in the regions, solves the problem of entering out
business to a new level with an understanding of the importance of public and
private development initiatives in accordance with instructions of the
President of the Republic of Kazakhstan and strategic plans development of the
country.
Creation of the Confederation of Employers of
the Republic of Kazakhstan from disparate associations and unions was a major
step towards the institutionalization of private institutions. The Constitution
of the Confederate proclaimed "lobbying members of the Confederation in
the Parliament, the Government and other state institutions of the Republic of
Kazakhstan."
The Eurasian Industrial Association,
founded in 2001, is one of the most puissant and effective non-governmental
institutions of the Republic of Kazakhstan. It is an example of an effective model
of integration of the national economies of the countries of the CIS, which
represents the interests of its members in government, public and other
organizations, including foreign ones.
It should be noted that
the example of effective cooperation of private institutions with public
authorities is the signing the General Agreement for 2009 - 2011 years. This
suggests that in Kazakhstan, the institutions of civil society and the state
interact on the basis of public agreement, and are aimed at achieving the
common good on the basis of consensus.
The interaction of civil
society and the state is in lawmaking. The new Constitution of the Republic of
Kazakhstan of 30 August 1995, announces, that public authorities and civil
society are considered as part of a single system-wide policy, combining the
interests and needs of all social groups and strata of the population of the
Republic of Kazakhstan established a legal framework for the development of
non-governmental institutions.
The law "About local executive
and representative bodies in the Republic of Kazakhstan" has made
fundamental changes in the structure and powers of local authorities, promoting
the development of private initiatives and civic activity of the population,
and the new Civil Code of the Republic of Kazakhstan has defined the
organizational structure of all the institutions of the society. And the laws
"About Privatization", "About Bankruptcy", "About the
support of entrepreneurship" and others have become the fundamental legal
document encouraging the development of civil society institutions.
We can say that the
modern political foundation and the ideology of development of non-state
institutions is a strategic program "Kazakhstan - 2030": prosperity,
security and the welfare of all citizen of Kazakhstan "(4). And the
Parliament’ of the Republic of Kazakhstan of 7 October 1998 amendments to the
Constitution, providing the introduction of the country's electoral system of
elections by party lists, you can say, speed up the formation of non-state
institutions.
The Law of the Republic
of Kazakhstan "About Social Partnership", adopted on December 18,
2000, determined the order of the coordination of interests between
representatives of the government, employers' associations and workers. Laws
such as "About state social order", "About non-commercial
organizations» gave the opportunity to civil society institutions to
participate in getting the state order. The new Law "About Political
Parties", adopted in 2002, led to further qualitative structural changes
in the party system of the country. The document adopted on July 25, 2006,
"Civil Society Development Concept for 2006 - 2011" announced the
protagonist and subject of civil society as variety of private interests and
rights, with the entire system's needs, interests and values.
Summing up we can conclude that in the
Republic of Kazakhstan civil society institutions are in their quick development:
such as political parties, non-profit organizations, trade unions,
non-governmental organizations, private institutions, and others, and have
become an essential resource for further democratization of the country.
References:
1. N. Nazarbayev: “Kazakhstan on the threshold of a new leap forward in
its development.” Message of the President of the Republic of Kazakhstan to the
peoples of Kazakhstan. - Astana Elorda 2006. -P.7.
2. Kazakhstan Today. - 2010. -14 September.
3. The concept of formation of a new socio-economic behavior of the
citizens of the Republic of Kazakhstan / / Kazakhstanskaya pravda - 1995. -
January 28.
4. N. Nazarbayev: “Kazakhstan - 2030: Prosperity, security and the
welfare of all people of Kazakhstan.” Message of the President to the people of
Kazakhstan. - Almaty.1997.
5.Prioritaten und
Ausrichtung der staatlichen Zoilpolitik der Repblik Kasachstan
Sozialphilosophche, politische und rechtliche der Modernisierung Kasachstans.
Yerlag Dr. Koster- Berlin,2012.