Право/ 8.Конституционное право

Koszhanov A.S., Candidate of Juridical Sciences, Professor, KEU

Kopbulov R.A., Master of Law, Senior Lecturer, KEU

Rakhymzhan Y.M., Master student, KEU

Karaganda Economic University, Kazakhstan

CONSTITUTION OF THE REPUBLIC OF KAZAKHSTAN AS ONE OF THE BASES OF CREATION AND DEVELOPMENT OF THE EURASIAN UNION

Each country chooses the policies and constitutional system, which corresponds to the history and customs of its people, the level of political culture in the first place corresponding to its mentality. Constitution can be characterized by the following: a certain socio-political association formed thanks to the above factors. In case this political association corresponds to mentality of those people, then it will lead to a sustainable development and prosperity of those people.

Today, thanks to a forward-looking policy of the President of Kazakhstan N. A. Nazarbayev, our country reaches the big heights. In these challenging times when around the world pass globalization processes, Kazakhstan doesn't stand aside. Each state and society has to come independently to understanding that in the being globalized world there is no sense infinitely to revel in own originality and to become isolated in the borders. Economic interests, instead of abstract geopolitical ideas and slogans, – the main engine of integration processes.

Therefore a fundamental principle of future Eurasian union – a common economic space as a large-scale area of joint successful development of our people.

The Eurasian union — is the megaproject, commensurable with difficult calls of the present and the future.

It has every chance to become organic part of the new world architecture which formation began under the influence of the most powerful in the history of global financial and economic crisis.

For this purpose all participants of the Eurasian integration need to have clear and accurate strategy of actions.

The first. The Eurasian Union has to be created initially as competitive global economic association.

Us can't satisfy narrow prospect to be set of the countries developing only on the principles of "catching-up modernization", a fate eternally to remain the big peripheral exporter of natural resources for other world.

The world is on the threshold of new technological revolution. Today Kazakhstan headed the forced industrial and innovative development.

We create new structure of modern productive forces as fundamentals of future national innovative economy. Similar tasks are set in Russia and other CIS countries.

Therefore it is important that our Common economic space was the territory of innovations and powerful technological break[1].

Proceeding from above told, we would like to pay attention to sources of this integration. Each thing has the sources. Creation of the Eurasian union and initiative of Kazakhstan, in our case originates in the main law of the Republic of Kazakhstan – Constitutions. Already nearly two tens years passed as we adopted the Constitution of the Republic of Kazakhstan on a republican referendum. We would like to shine the Constitution of Kazakhstan, as the base and a basis of development and prosperity of Kazakhstan, and including the Eurasian union

Our Constitution which begins with the words «We, the people of Kazakhstan, united by a common historic fate»[2], revives the statehood in these words and comprises the historical purpose of many generations, namely, creation of new fair society. State – is not only integrity of the territory, association of citizens and power institutes, but in the meantime the Constitution which has absorbed in saved up experience of previous generations and belief in bright future.

The constitution adopted on August 30, 1995 by republican referendum is already 19 years the Supreme and main legal act in total system of the right of the Republic of Kazakhstan. The principles and norms relating to bases of the sovereignty of independence and the constitutional system of the republic are provided, are provided and protected first of all by the Constitution that follows from sense of article 4 of the Constitution of the Republic of Kazakhstan. It would be wrong to forget to note, that preparation of the draft of the present Constitution was initiated by the First President of the Republic of Kazakhstan – the Leader of nation N. A. Nazarbayev, and he played the leading role in its development by group of authoritative both domestic, and foreign lawyers that predetermines in a similar case to designate the last the term "charismatic constitution", and at the available positive attitude of society towards her – "the national constitution". Besides, the Constitution of the Republic of Kazakhstan possesses the important property promoting political stability in the state.

Necessary and expedient it is represented to focus attention to constitutional legal status of the Republic of Kazakhstan.

The state exists and works within its territory as the political and legal territorial organization of the higher, uniform and independent authority. The state is sovereign therefore it is individualized, and in its name are considered the fact of primordially Kazakh earth on which the Kazakhstan statehood, and also the right of the Kazakh nation for self-determination is formed. So, in this case names the Republic of Kazakhstan and Kazakhstan are used, and these names are legally equivalent.

Fundamental principles of activity of the Republic of Kazakhstan:

- public consent and political stability

- economic development for the benefit of all people

- Kazakhstani patriotism

- the solution of the most important questions of the state life democratic methods, including vote on a republican referendum or in Parliament.

But, first of all, for creation of statehood and including the states has huge character value of the state. The Republic of Kazakhstan approves itself by the democratic, secular, constitutional and social state. In other words, Kazakhstan intends to develop progressively as the state which power is founded on the right limiting it and as the state which creates conditions for worthy life to the citizens and free development the persons adequate to opportunities of the state. Secular character of the state assumes separation of religion from the state. No religion takes any advantages in relation to another. Religious associations don't carry out the state functions, and the state doesn't interfere with activity of religious associations if they don't contradict the legislation.

The territory of the Republic of Kazakhstan in existing borders is complete, indivisible and inviolable, therefore in a form of a state system Kazakhstan – the unitary state which sovereignty extends on all its territory. The earth, its subsoil, waters, plant and animal life, other natural resources which are covered by republic space, are in public property of Kazakhstan. According to provisions of the Constitution of the Republic of Kazakhstan change of unitarity and territorial integrity of the republic can't be a subject of initiation of changes and additions in the Constitution. Therefore, the partition of the territory of the state, use of natural resources without its consent and any change of the status of its regions are inadmissible, and the frontier is indestructible. The ban on territorial concessions to the detriment of national interests and sovereign equality of the state is natural.

It is known that the existing Constitution of the Republic of Kazakhstan consists of a preamble and 9 sections containing 98 articles which third part is directly devoted to legal status of the person and citizen. For the Republic of Kazakhstan, according to point 1 of article 1 of the Constitution of the Republic of Kazakhstan, "the supreme values are the person, his life, the rights and freedoms". Recognition by their supreme value means that the state has no more important task, than care of the person, his material welfare. The state is obliged to create everything the conditions for worthy existence of the person depending on it. Thus, the existing Constitution of the Republic of Kazakhstan determines by initial values of the state a priority of the person in all spheres of the state and public life that testifies to commitment of the Republic of Kazakhstan to universal values, namely the Universal declaration of human rights, the adopted and proclaimed resolution 217 A (III) of General Assembly of December 10, 1948. The fact is obvious, the state motives give way to the civic-minded.

The citizens of the republic of all nationalities united by a community of historical destiny with the Kazakh nation form together with it the uniform people of Kazakhstan. In a preamble of the Constitution of the Republic of Kazakhstan it is told:" We, the people of Kazakhstan united by the general historical destiny, creating statehood..., proceeding from the sovereign right, we adopt the present Constitution". Means, the defining sign of independence of the republic is the institute of nationality which constitutional and legal filling establishes the people of the Republic of Kazakhstan, based on the sovereign right. The people are defined as the only source of the government which is carrying out it directly through a republican referendum and free elections, and also delegating implementation of the power to government bodies. Thus, a basis of the state of the Republic of Kazakhstan, its sovereignty, independence and the constitutional system the people admit. Basic principles of democracy both direct, and representative with establishment, besides, a liberal and democratic state political regime owing to declaration of the state democratic, and also objective and subjective realities in the country are constitutionally laid. As the certificate that is served in addition by the turn applied in article 1 of the Constitution of the Republic of Kazakhstan "approves itself" which emphasizes progressiveness of development of Kazakhstan[3].

Nobody can appropriate the power in the Republic of Kazakhstan. The right to act on behalf of the people and the state belongs to the President, and also republic Parliament within its constitutional powers. The government of the republic and other government bodies act on behalf of the state within the powers delegated by it.

The government in the republic is uniform, is carried out on the basis of the Constitution and laws according to the principle of its division into legislative, executive and judicial branches. It causes interaction of its branches among themselves with use of system of controls and counterbalances and promotes political stability in the state, efficiency and stability of the power, and also coordination and to interaction belonging to various branches of the power of government bodies. The coordinated functioning of all branches of the government and responsibility of authorities before the people are provided by the President. The Constitutional Council, the Prosecutor General's Office and Central Election Commission with local bodies function out of power branches[4].

Existence of the republican form of government which isn't subject to change by no means and under no circumstances doesn't raise doubts. Debatable it is necessary to consider a question of board system. The constitution of the Republic of Kazakhstan stipulates 1 presidential government in point 2 of article. The analysis of provisions of the Basic law allows to believe about existence mixed, and systems, instead of the forms of government that is represented to more correct.

National language – language of public administration, the legislation, legal proceedings and the office-work, operating in all spheres of the public relations in all territory of the state. In the state organizations and local governments the Kazakh and Russian languages are used officially equally, irrespective of any circumstances, thus without any investment of the last with the status of the second state language and with an exception thereby a bilingualism in the state. The Kazakh language is one of defining factors of the Kazakhstan statehood, symbolizes its sovereignty, independence and is an element of constitutional legal status of the republic, expressing unity of the people of Kazakhstan. For implementation of article 7 of the Constitution of the Republic of Kazakhstan the Government, local representative and executive bodies are obliged to create all necessary organizational, material and specifications for free and free acquisition of a state language of all citizens according to the Law of the Republic of Kazakhstan of July 11, 1997 "About languages in the Republic of Kazakhstan". The state cares of creation of conditions for studying and development of languages of the people of the Republic of Kazakhstan.

The ideological and political variety, so-called pluralism of opinions admits the Republic of Kazakhstan. It is thought, full-fledged conditions for formation of civil society are created by that.

One of the most important and constitutional laws of the person and the citizen, which realization is equitable to interests of society and is under protection of the state, the right for freedom of associations is. Public associations political parties, labor unions and other associations of citizens created on a voluntary basis for achievement by them of common goals admit the Republic of Kazakhstan, not contradicting the legislation. From all public associations political parties are the highest form of self-organization of citizens and represent associations which pursue the political and social and economic goals. In the territory of the Republic of Kazakhstan activity of political parties of other states isn't allowed. Creation and activity of political parties, the purposes or which actions are directed on violent change of the constitutional system, violation of integrity of the Republic of Kazakhstan, undermining safety of the state, kindling of social, racial, national, religious, class and patrimonial discord are forbidden. Creation of political parties on signs of professional, racial, national, ethnic and religious identity of citizens isn't allowed. Creation and activity of the militarized political parties, and also paramilitary forces are forbidden at political parties. Now the multi-party system with "NurOtan" dominating Republican political party takes place.

The Republic of Kazakhstan – the full subject of international law which is carrying out in interests of the people policy of cooperation and good-neighborhood with other states on the basis of the Constitution and according to international treaties and laws of the Republic of Kazakhstan.

Republic of Kazakhstan:

· respects the principles and norms of international law

· pursues policy of equality of the states and non-interference to internal affairs of each other, peaceful resolution of the international disputes

· refuses use of the first armed force

· exchanges diplomatic and consulates

· enters into the international organizations (the UN and its specialized institutions, OSCE, CIS, CSTO, EurAsEU, SCO, CICA and others), the system of collective security and participate in their activities), systems of collective security and to participate in their activity

· independently resolves issues of foreign economic activity

· possesses the independent economic system corresponding to the status of the independent state and which is based on variety and equality of all forms of ownership

· provides integrity, inviolability and inalienability of the territory

Due to the above we consider that, making a legal basis of the state and public life, the Basic law of our country indirectly, but fully expresses the state independence along with the people's and state sovereignty.

At the beginning of the second decade of the XXI century the idea of the Eurasian integration finds real lines of the Common economic space. It proved the historical prospects as a right way to prosperity and wellbeing of our countries and the people. Key political decisions are made. It is necessary to solve many major problems to create the Eurasian union economically powerful, stable and favorable to all.

Precisely that is our common strategic goal!

USED LITERATURE

1. Article of the President of Kazakhstan, N. Nazarbayev: "The Eurasian union – from idea to future history".

2. Constitution of the Republic of Kazakhstan dated 30 August 1995.

3. Constitutional Law of the Republic of Kazakhstan of 16 December 1991, № 1007-XII On the State Independence of the Republic of Kazakhstan

4. Orazbayeva A.A. Constitutional law of the Republic of Kazakhstan. Textbook, 2008.