Government to get additional executive powers in economy
Akorda hosted a meeting chaired by the Head of State N.Nazarbayev of the working group focused on redistributing the powers between the branches of state power, Akorda official site informs.
According to the Head of State, the issue of redistributing the powers between the branches of state power is consistent and logical step in the development of the country.
Implementing one of the five institutional reforms I proposed implies investing the Government with additional executive powers in the economic sphere. In Presidents competence will remain the main issues of defense capabilities, external policy, public administration, protecting Constitution and ensuring effective work between branches of state power, N.Nazarbayev said.
The Head of State drew attention to the reducing the powers originally referred strictly to the competence of the President of Kazakhstan.
For example, the powers in program approval, personnel changes in the Government, creating new administrative bodies can be transferred to the competence of the Government and the Parliament, N.Nazarbayev said.
The President emphasized the need for effective strengthening the role of the Parliament in the public administration system.
In our context the Government is formed by the winning party or fraction. Thus, the role of the Parliament in relation to the Government should be revised on many issues, the Head of State said.
Nursultan Nazarbayev dwelled on the issues of liability of public authorities for the reforms and their successful implementation.
The Working Group head reported to the Head of State on the proposals elaborated for redistributing powers between the branches of state power.
The proposals are elaborated in three directions in accordance with the task set. The first is the redistributing statutory powers of the Head of State, which do not require amending the Constitution. This part summarizes the proposals of state bodies. In general, the proposals relate to the powers that regulate the social and economic field. This is the administrating economy, finance, state property, the powers associated with the solution of certain issues of administrative and territorial structure, A.Dzhaksybekov said.
Secondly, the Supreme Court and the General Prosecutors Office presented proposals on further advancing the judicial and law enforcement systems, which also do not require amending the Constitution. These are proposals concerning the strengthening of judicial control, further reducing the prosecutors involvement in civil and administrative proceedings. The judicial and legal sphere presented in total 13 proposals not requiring constitutional changes.
The Working Group has separately considered about 40 proposals that involve amending the Constitutional norms. An active attitude on this issue was displayed by the deputies, scientific and expert community. The proposals introduced include expanding the powers of the Parliament and its chambers, including in forming the Government. It is also proposed to strengthen the accountability of the Government to the Parliament and its Chambers.
There are also proposals to strengthen the independence and responsibility of the Government. Part of the proposals aimed at modernizing the judicial sphere also involves changes to the Constitution. This refers to a possible clarification of the status and functions of the Supreme Court and determining the requirements for judges. It has been proposed to adjust the rules governing the status and powers of prosecution agencies. There are proposals for improving the mechanism of constitutional control.
So, introduced for your consideration are the basic approaches that involve redistributing legislative powers without changing the Constitution. There are also approaches to possible changing the Constitution aimed primarily at expanding the powers of the Parliament, as well as at strengthening the independence and responsibility of the Government, A.Dzhaksybekov said.
Working group member Z.Fedotova noted the constructive nature of the amendments proposed.
We are mainly delegating the organizational and executive functions which the Government should have. It is now the responsibility of the Government. As part of the activities of the Parliament, we see that the Mazhilis is largely empowered upon agreement, Academy of Public Administration professor said.
Working group member M.Beketayev presented the Government-conducted analysis on determining the norms that perpetuate the powers of the President.
We have analyzed 11 constitutional laws, 20 codes and 298 laws. Rules that establish Presidential powers are contained in 11 codes and 80 laws. Government and working group have jointly elaborated 32 proposals on redistributing the powers of the Head of State. These proposals provide amendments to the laws with no changes to the Constitution, the Justice Minister noted.
Chairman of the Kazakhstan Lawyers Union R.Mukashev noted that there is a discussion in all the branches on the basis of the analysis.
The legal community supports the reforms undertaken, noting its relevance and timeliness, R.Mukashev said.
Other members of the working group also spoke at the meeting.
Source: Government of the Republic of Kazakhstan