Baideldynov D.L.
Doctor
of Law, professor
Dean
of the Law Faculty
Al-Farabi
KazNU
Aidarkhanova K.N.
Candidate
of Law, professor
Chair
of Customs, finance and environmental law
On the 20th anniversary
of the Constitution of the Republic of Kazakhstan
2015 for Kazakhstan is significant year. This year the country notes a
number of anniversaries – the 550th anniversary of formation of the
Kazakh khanate, the 70th anniversary of the Great victory over
fascism, the 20th anniversary of the Constitution of the Republic of
Kazakhstan, the 20th anniversary of Assembly of the people of
Kazakhstan. The last dates are connected with creation and successful
development of the independent state – the Republic of Kazakhstan.
It should be noted that Al-Farabi University has made a significant
contribution to the development of Kazakhstan's statehood, as a source of
manpower for the whole of Kazakhstan and its activities by participating in
building a strong, economically developed, democratic state. The al-Farabi
Kazakh National University under the leadership of the rector of university of
professor Mutanov G. M. actively supports policy of the President of the
country N. A. Nazarbayev who proved to the whole world that the Republic of
Kazakhstan – the state with centuries-old history of statehood – been to the
world in new quality of the sovereign independent state, intends to take the
worthy place in the world community and that the principles of creation of the
constitutional, democratic, social state proclaimed still in the nineties will
remain firm. Formation and development of Kazakhstan’s statehood was held in
conditions of radical reforms and transformations. As you know, during the reform
period is the most difficult period, a period of quality control, and firmness
of sustainability made. In these circumstances, the conditions of political,
economic and social transformation in this period increased competition from
private universities, al-Farabi Kazakh Nartional University was able to
withstand this test of time and remain true to its traditions in training
highly qualified specialists in education and conscious citizens and patriots
of their homeland. Al-Farabi Kazakh Nartional University can be proud of its
graduates, who are the elite of the Kazakh society: occupy a priority position
in government and administration, business sector, the public life of the
country. A special pride of the university is that the development of the new Constitution
was the full potential of the domestic jurisprudence, attracted specialists
from all other related social science fields, expert practitioners, and most of
them - are graduates and scholars of the al-Farabi.
The anniversary this year and at the Law Faculty of the al-Farabi - the
75th anniversary of the birth of the graduate of the al-Farabi Kazakh renowned
legal scholar, Professor Mukhitdinov Nazhmitdin Baukeevich. Mukhitdinov N.B.
one of the graduates of al-Farabi Kazakh National University, which can be
proud of the whole country. About him as a scientist known not only in
Kazakhstan but also in the CIS and far abroad. Mukhitdinov N.B. has made a
major contribution in the development of independent Kazakhstan, and in the
development of legal science in all post-Soviet space.
Inscribed in gold letters the name Mukhitdinov N.B. in
the history of our state and law as one of the developers of the project of the
first Constitution of independent Kazakhstan. As legal scholar Mukhitdinov N.B.
actively participated in the creation of the legal framework of the young
independent Kazakhstan has developed a range of scientific theoretical and
practical provisions on the legal basis of market relations.
Catching depth research problems of ownership of
natural resources; problems of public administration and regulation in the
field of environment and natural resources; problems of correlation legal form
and content of the regulated social relations; justification for independence,
task orientation, the regulatory nature of the environmental functions of the
state, Mukhitdinov N.B. used the results of their research in the development
of the first rules of the Constitution.
One of the fundamental aspects of nation-building
significant for national security is a constitutional recognition of the rights
of ownership of mineral resources and contained in them in their natural state
minerals (mineral resources that aren’t raised to the surface and not become
the subject of civil turnover). The Constitution of the Republic of Kazakhstan
is a property right is reserved for the state: “The land and its subsoil,
water, flora and fauna, and other natural resources are state-owned. The land
may also be privately owned on terms, conditions and within the limits
prescribed by law” (p. 3. Art. 6).
It should be noted that the original draft of the
Constitution of the Republic of Kazakhstan, published for discussion, for the
possibility of transfer of mineral resources “in the cases provided by law to
private property”. However, according to Mukhitdinov N.B., this idea was not
supported. The matter is that richness of subsoil makes a basis of development
of a national economy of the country. Without minerals mined from the depths,
it is impossible to talk about providing genuine sovereignty of Kazakhstan. In
addition, the introduction of private ownership of mineral resources would
allow foreign investors and the nouveau Republican millionaires buy the most
profitable areas of mineral deposits. In the context of only begin the transition
to a market economy, where not all citizens have the same conditions for the
acquisition of mineral resources, this situation could not be regarded as
correct (Legal regulation of subsoil use. // Proceedings of the seminar. -
Almaty, 1997. - p. 18.)
Being the progressive, advancing time scientist
Mukhitdinov N. B. in the conditions of a planned economy it one of the first
proved opportunity contractual, in essence market, civil methods of regulation
of the relations of environmental management (“Legal problems of use of natural
resources”, 1972).
In this case, the scientist consistently adhered to
prioritize public ownership of natural resources, which they viewed as a means
of securing national interests in the field of environment and natural resources.
During the discussion of issues involving natural resources in the market
turnover, Mukhitdinov N.B. supported the private ownership of land, but was
opposed to the introduction of private ownership of natural resources. He has
published a number of papers in which shows the dangers of reckless spread on
land, minerals, forests and water legal mode of inventory. He stressed the need
to fully integrate features of the objects of legal exposure, the specifics of
legal relations in the sphere of ownership, use and management of natural
resources.
The Constitution of the Republic of Kazakhstan (Sec.
2, Art. 6) contains a condition that the use of the property must
simultaneously serve the public good, in fact, by requiring such a legal regime
to ensure the use of the property, at which the balance between the interests
of the owner and society. This provision of the Constitution of the Republic of
Kazakhstan proved studies Mukhitdinov N.B., who noted that the causes of
environmental and economic crisis lie not in the forms of property, and in
legal safeguards and remedies, which are aimed at their implementation. For the
experience of many foreign countries have long proved that private property
without appropriate mechanism itself is not able to make effective use of
natural resources. (// State and Law, 1992, N 8). Considering the problem of
the limits of the legal capacity of the state to implement the functions of
Nature Protection, Mukhitdinov N.B. said: “as the owner of natural resources
the state can take on as many rules as necessary to ensure the rational and
integrated use and protection of these resources in the existing material
conditions. No more, no less”. This conclusion has a general methodological
significance and can be used to determine the limits of the legal capacity of
the state in relation to all areas of social and economic life and in market
conditions.
Being a talented, extraordinary thinking and at the
same time wise scientist Mukhitdinov N.B. left a huge creative and scientific
heritage, without which it is impossible to complete, realistic picture of
legal science. Time proved that on many issues of jurisprudence Mukhitdinov
N.B. was a pioneer, a reformer and his scientific statements were correct. We
have not yet realized the full significance of his scientific heritage in the
formation and development of legal thought in Kazakhstan, the formation of the
legal framework of social development. However, today we can say that the
contribution of the scientist in the construction of the constitutional
foundations of Kazakh society is undeniable.
The constitution of the Republic of Kazakhstan of 1995
finished the process of the constitutional construction of the independent
state begun with adoption of the Declaration “About the State Sovereignty
Kazakh Soviet Socialist Republic” (on October 25, 1990) and the Constitutional
Law of the Republic of Kazakhstan “About the state independence of the Republic
of Kazakhstan” (on December 16, 1991). And as the President of Kazakhstan
Nazarbayev N.A. in a year of celebration of the 5 anniversary of the
Constitution of RK “Noted the constitution of 1995 gave a new impulse to
economic reforms, provided creation of legislative base and legislative field
of activity of the Government which conformed and conform to requirements of
the market relations. So, the Constitution guarantees equal protection of both
the state, and private property. Extremely important for our country the
constitutional fixing of possibility of reference of the earth in a private property”
(The constitution - a basis of stability and prosperity of Kazakhstan.
http://www.akorda.kz).