• KGS/USD = 0.01152 0%
  • KZT/USD = 0.00191 0%
  • TJS/USD = 0.09146 -2.56%
  • UZS/USD = 0.00008 0%
  • TMT/USD = 0.28571 -0.14%
  • KGS/USD = 0.01152 0%
  • KZT/USD = 0.00191 0%
  • TJS/USD = 0.09146 -2.56%
  • UZS/USD = 0.00008 0%
  • TMT/USD = 0.28571 -0.14%
  • KGS/USD = 0.01152 0%
  • KZT/USD = 0.00191 0%
  • TJS/USD = 0.09146 -2.56%
  • UZS/USD = 0.00008 0%
  • TMT/USD = 0.28571 -0.14%
  • KGS/USD = 0.01152 0%
  • KZT/USD = 0.00191 0%
  • TJS/USD = 0.09146 -2.56%
  • UZS/USD = 0.00008 0%
  • TMT/USD = 0.28571 -0.14%
  • KGS/USD = 0.01152 0%
  • KZT/USD = 0.00191 0%
  • TJS/USD = 0.09146 -2.56%
  • UZS/USD = 0.00008 0%
  • TMT/USD = 0.28571 -0.14%
  • KGS/USD = 0.01152 0%
  • KZT/USD = 0.00191 0%
  • TJS/USD = 0.09146 -2.56%
  • UZS/USD = 0.00008 0%
  • TMT/USD = 0.28571 -0.14%
  • KGS/USD = 0.01152 0%
  • KZT/USD = 0.00191 0%
  • TJS/USD = 0.09146 -2.56%
  • UZS/USD = 0.00008 0%
  • TMT/USD = 0.28571 -0.14%
  • KGS/USD = 0.01152 0%
  • KZT/USD = 0.00191 0%
  • TJS/USD = 0.09146 -2.56%
  • UZS/USD = 0.00008 0%
  • TMT/USD = 0.28571 -0.14%
02 December 2024

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Kazakhstan: The Role of the Constitutional Court in Upholding the Rule of Law

This year marks 30 years since the adoption of the current Constitution of Kazakhstan, which was approved by a popular referendum. Over the years, several changes have been made to the country's basic laws to expand citizens' rights, support political modernization, and strengthen the protection of human rights. The last referendum demonstrated the people's will and became an important milestone in the country's history. As a result, the powers of the president were reduced, and the role of parliament and local self-government bodies was significantly strengthened. An important step was the introduction of the Ombudsman for the Human Rights institution, the abolition of the death penalty, and the restoration of the Constitutional Court, Elvira Azimova, Chairperson of the Constitutional Court of Kazakhstan, has told the Asian Legal Portal. As Azimova explained, the Constitutional Court plays a critical role in ensuring the supremacy of the Constitution and protecting citizens' rights. At the same time, she noted that regulations should not only comply with the Constitution, but also be organically linked to it, creating a legal basis for the law and the state's sustainable development. Azimova also highlighted the fact that more than 120 countries worldwide have established constitutional courts or similar bodies performing constitutional oversight functions. In Kazakhstan, as in other states, citizens have the right to apply to the Constitutional Court to verify the constitutionality of laws, acts of the executive branch, and international treaties. International experience shows that such courts not only resolve legal disputes, but also improve the legal culture and continuity of constitutional processes. The revival of the Constitutional Court in Kazakhstan was an essential stage of the constitutional reform of 2022. Azimova emphasized that this body, independent of the legislative, executive, and judicial branches of government, strengthens the state's system of checks and balances. Citizens, the prosecutor general, and the Human Rights Ombudsman can now appeal to the Constitutional Court to uphold constitutional legality. Since January 2023, according to Azimova, the Constitutional Court has received over 7,500 appeals from citizens. In her opinion, such appeals do not indicate mass rights violations, but rather reflect citizens' dissatisfaction with the legal decisions made by state bodies. Citizens, she said, go to court when they believe their rights have been violated and there is either no response or an insufficient response from government agencies. The Azimova-led Constitutional Court has already issued 252 rulings, including 49 final decisions on the constitutionality of legal norms and acts. These decisions directly impact laws and regulations, which can be repealed or revised if found unconstitutional. Azimova also notes that the president, the Supreme Court, and members of parliament have already submitted requests to the Constitutional Court to check the constitutionality of laws. The prosecutor general and other state bodies have repeatedly requested an official interpretation of the provisions of the Constitution. For example, the prosecutor general's request included an interpretation of the prosecutor's competence in court and legal provisions on housing deprivation. In June 2023, Azimova presented an annual message to Parliament on...

As Kazakhstan Marks Constitution Day, What Does the Occasion Really Symbolize?

Kazakhstan marks Constitution Day on August 30, an event inaugurated by the country’s second and current president, Kassym-Jomart Tokayev. The day has taken on a new meaning since the events of January 2022, when a violent coup-attempt challenged Tokayev’s authority and caused deadly destruction in the nation. Since then, the country has adopted various democratic and economic reforms. Most significantly, key amendments to the country’s constitution were adopted following a national referendum in 2022. One of the main changes was to limit the president’s time in office to a single seven-year term and banning consecutive terms. In 2022, Tokayev was re-elected under the new rules and his presidential term will now expire in 2029. The first constitution of independent Kazakhstan was adopted in January 1993 and was based on the model of a parliamentary republic. It incorporated laws on sovereignty, the independence of the state, the Kazakh language as the state language, the president as head of state, and identified the country’s judicial bodies as the Supreme Court, Constitutional Court, and Higher Arbitration Court. The current constitution was then adopted on 30 August 1995 through a national referendum. It was amended in 1998, 2007, 2011, 2017, and 2019. The most significant changes, however, took place in the above-mentioned referendum after the mass unrests of January 2022. On May 5, 2022, Tokayev announced a referendum on amendments “to transition to a new state model, a new format of interaction between the state and society … from a super-presidential form of government to a presidential republic with an influential parliament and an accountable government.” The referendum was held on June 5, 2022, and 77% of the people supported the changes. Overall, 33 articles of the current constitution were amended. Today’s celebrations mark this new and improved constitution that represents a significant step in the path forward for Tokayev’s New Kazakhstan

Kazakhstan’s Constitution Now Published in Braille

The Kazakh Constitutional Court has presented the first edition of the country's Constitution printed in Braille, making it accessible to the visually-impaired. The initiative to translate copy of Kazakhstan's Basic Law into Braille (relief-dot tactile font) was realized with support from the OSCE Program Office in Astana and the Ministry of Culture and Information. Welcoming the move, Chair of the Constitutional Court of Kazakhstan Elvira Azimova stated: “The Constitutional Court will continue to promote equality, dignity, and justice for everyone according to the Constitution of Kazakhstan and the Universal Declaration of Human Rights. The publication of the Braille text of the Constitution is our joint contribution to promoting this policy." Volker Frobart, Head of the OSCE Programme Office in Astana, emphasized the Kazakh authorities' commitment to valuing human rights  and demonstrating an inclusive approach to ensure equal access to information. Publications in Braille will be distributed  to 56 institutions, including national and regional libraries, training centers, and specialized schools. According to the World Health Organization,  Kazakhstan is currently home to 160 thousand visually- impaired citizens.

Turkish referendum: sending the wrong signal to Central Asia

LONDON (TCA) — It all looks like a shameful charade. But on a slightly longer term, Turkey’s referendum can be considered a step backward rather than forward and is certain to create more problems than it could possibly solve. It goes in the opposite direction of a trend emerging throughout Central Asia away from personality rule and towards a more collective form of government. While expected to have little immediate geopolitical spillover, the message sent by Turkey’s narrow majority in the direction of Central Asia is most of all psychological – and it is the wrong message. Continue reading

Nazarbayev signs Kazakhstan constitutional amendments into law

ASTANA (TCA) — Kazakhstan President Nursultan Nazarbayev on March 10 signed into law constitutional amendments transferring some powers from the country’s president to parliament and government ministers, the Kazakh presidential press service said. Continue reading

Approved by parliament, Kazakh constitutional amendments submitted to president for signing

ASTANA (TCA) — On March 6, Kazakhstan’s Parliament approved the law "On Amendments and Additions to the Constitution of the Republic of Kazakhstan" and submitted the bill to the Head of State for signature, the Kazakh presidential press service said.   Continue reading