Master of Arts Velikaya O.V.
Baitursynov state-run university of Kostanay
CONSTITUTION OF THE REPUBLIC OF KAZAKHSTAN AND
THE ESTABLISHMENT OF PLURALISM’S PROCESS IN UP-TO-DATE KAZAKHSTAN.
Taking into consideration difficult period of the
formation of new for republic democratic system in a fundamental way the
process of mutual influence, interdependence of political pluralism and
democratization, political parties’ activity and the establishment of sovereign
statehood comes to the foreground. Formation of Kazakhstan's political system
and its development is closely connected with the development of the party and
electoral systems. From the very beginning the process of modern party’s formation
was accompanied by a transformation of the political system of Kazakhstan,
where political parties had to define its places in the political process. In
many respects this was due to the fact that the political changes in the
country kept step with the establishment of market mechanisms and the
transformation of public consciousness. By virtue of its complexity, the
process of parties’ formation took place under existing conditions of a
frequent change of political ideology, lack of social base and obscurity of the
political programs of most parties. All this is determined not only by
low-quality increase of political parties, but also by the slow pace of
development of the party system.
Multi-party system was legally introduced on the territory of the
Commonwealth of Independent States by the Law of the USSR from March 14, 1990
"About adoption of the USSR’s presidency and introduction of amendments
and additions to the Constitution of the USSR". This Law approved the new
version of the article in USSR’s constitution, which admits the existence of
other different political parties apart from Communist Party of the Soviet
Union. In fact, the alternative political parties received the right to
existence only on January 1, 1991, when the Act of the USSR "About Public
Associations" came into force.
However, the
multi-party system, which has recently appeared actually was faked, because, by virtue of objective reasons, none of the new
political parties can enter into real
competition with the CPSU, and,
consequently, none of them can participate
meaningfully in the political life of the country.
As the President of the Republic of Kazakhstan Nazarbayev N.A. notes: "The Collapse of the USSR and its
support’s element in the face of the
Communist Party turned into turning point, opening
the way for the formation of the multi-party system"
[1.P.65].
Fundamental
regulations about elaboration of
parties and public organizations in Kazakhstan are defined by the Constitution
of the Republic of Kazakhstan dated August 30, 1995. In particular, paragraph 1
of Article 5 states: "In the Republic of Kazakhstan ideological and
political diversity is recognized . Merging of public and state institutions, the creation of
organizations and political parties in public
authority are not allowed". [2]
A defined role in the formation of the party system was played by the Constitution of Kazakhstan from Jan. 28, 1993. She contributed to the creation of a new
round in the development of the party system in the country. The development of
a multiparty system in this period was carried out in the new conditions for
the state of its sovereignty and independence. Rules and
regulations concerning certain issues were controversial. They are: the status of the Russian language,
citizenship, the presence of conception "the Kazakh statehood", the mechanism of checks
and balances among the branches of government. Already in 1994 certain regulations of the Constitution were criticized and due to this fact internal political
situation in the country was complicated. But just this contributed to the
emergence of new political parties and associations. The main reason for their establishment during this period was personal considerations, when in
the eyes of inhabitants the political association is determined by the personality of its leader, unlike many
other states, where most identity politics are
defined by their party affiliation. This
is one of the specific characteristics of the party system in Kazahstan. During
the past election campaigns in state law-making body,
one more its peculiarity became obvious, when voters
expressed their preference of the person, and only then to the political program’s set of the party, that person represents. It is well
known that in western countries, this process takes place
in the opposite direction: from the awareness of their needs to a particular
political party, which is
capable to implement this mentioned needs, and only then to its candidates.
During this period, the political parties, as well as the whole society,
supported the initiative of the Assembly of Peoples of Kazakhstan to extend authority of President of Kazakhstan Nursultan
Nazarbayev and concerning the
adoption of the New Constitution of country. They demonstrated solidarity in support of strategic sector of development of Kazakhstan as a society, legal, democratic and social state. In
1995, Constitutional recognition
of freedom of association’s
activity, prohibition on restriction of the rights and freedoms
for political reasons, assignment of equal legal opportunities for public associations ensured
a real political and ideological pluralism and a real multi-party system.
The role of
political parties in the formation of statehood had a different nature, the causes of which lie in the fact that in modern
Kazakhstan standard of democracy is
still low, and political socialization involves learning processes of
democratic political culture on the one hand, and loss of estimates, judgments,
political orientations and values inherent in a totalitarian system, on the
other. Such change in the systems of political socialization in the country is complicated by superimposition
of not only social class, but also the national contradictions. This unique combination of factors has
seriously changed the relationship between man and the state and its
institutions and has imposed its own
specifics on the promotion of a society towards political pluralism.
The modern
period is characterized by mono party
affiliation of supreme
legislative body,
that is estimated as departure
from the principles of democracy. The
current situation with one party creates conceptual and ideological vacuum, that has a negative impact on the society and the state
mechanism, losing legitimacy both within the country and abroad. It is
necessary to establish conditions for the full
development and operation of other parties in the country. It is necessary
to improve the inner-political parties: the lack of experience of discussion between parties and competition of
ideas makes political parties alike.
Election law changed eight times, the practice has shown that the latest
version of it is not perfect. However, the Basic Law of the country assumes and actually gives
opportunities for the democratic development of the country.
literature
1.Nazarbaev N.A. On the threshold of the
XXI century. Almaty: Oner, 1996.- p.65
2.Constitution
of RK August 30, 1995 In the new edition from 7 October 1998 P1, Article 5