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Head of State holds a meeting of the Working Group on redistributing power between branches of the Government

by March 1, 2017 Legal

Today at Akorda President Nursultan Nazarbayev held a working group meeting on redistributing power between branches of the Government.

The Head of State noted that the Working Group have carried out extensive work on the collection, processing, analysis, and discussion of proposals on the draft constitutional reforms submitted for public discussion.

Using my constitutional right I made a decision to amend the Basic Law via discussion in the Parliament, without submitting it to a referendum, � the President said.

Nursultan Nazarbayev stressed that all amendments give a special impetus to the development of the country, and it is an important step.

It should be noted that we maintain our Kazakhstani political model � presidential republic. The system of public administration, according to modern requirements, must be flexible. As a result of these reforms a portion of powers will be transferred from one branch to another, the control functions of representative bodies over the Government and executive bodies will strengthen, aiming both at their professionalization and asserting the principle of the rule of the people. We are faced with deciding the fate of a document important for the future of the people, summarizing the results of public discussion, defining the timing of bringing it to the Parliament. It was established that amendments are made to 23 articles of the Constitution, 35 amendments to legislation. The essence of these amendments is redistribution of a portion of Presidential power among other branches of Government, � the Head of State said.

The President drew attention to the factor of success of the presidential governance model, thanks to which the country became recognized in the world community, citizens’ well-being increased and continuing work is done on its further improvement.

According to the Five institutional reforms that are being implemented in the country, the new Presidential Address, specific reforms are required by the political system of our Republic, � Nursultan Nazarbayev concluded.

The head of the Working Group in his statement reported on the preparation of proposals on redistributing powers among Government branches, which are provided both by the amendments in the Constitution and the legislation of the country.

Members of the Working Group recorded all opinions, questions, and proposals which were received during the public discussion. The Presidential Administration allocated special mailing addresses to which anyone could send their materials. Citizens have shown high activity in discussing the proposed reforms. Proposals were received from all regions, practically from all population groups, different ideas were sent by scientists, lawyers, community leaders, and business-communities. A big number of proposals were received in the last days of discussions. All this testifies to the correctness of Your decision to discuss the reforms with the public, � A. Zhaksybekov said.

Also, the head of the Presidential Administration said that in total, more than 6 thousand proposals were sent by citizens, covering 63 articles of the Constitution, which include all sections of the Basic Law.

The proposals are diverse and aren’t limited to only the project of norms submitted for public discussion. All of them are systemized into a number of blocks. More than 40 proposals were submitted on the section covering the status and powers of the Head of State. Despite that the goal of the reform is redistributing Presidential powers among branches of the Government, in many respects the received proposals were aimed at strengthening the powers of the Head of State. In regards to Presidential powers, 88 proposals were received, generally aimed at supporting the initiative of strengthening the role of the Parliament in forming the Government. In particular, proposals were made on transitioning to a parliamentary republic, unicameral Parliament, electing deputies by the principle of a majority system. It was proposed to strengthen the requirements for the deputies by limiting running to no more than once, increasing the age limit, � the head of the Working Group informed.

In addition, A. Zhaksybekov fixed on proposals on the status and activities of the Government in increasing its accountability to Parliament. Among them is the consolidation of mandatory approval with the Majilis of the entire composition of Government, its accountability not only to Majilis, but to Parliament as a whole.

Concluding his speech, the Head of the Presidential Administration pointed out proposals aimed at changing the way of forming the Constitutional Council and its transformation to a Constitutional Court. It was reported that the majority of proposals were submitted on the powers of law enforcement and judicial unit.

The Head of State pointed out that the wide nature of opinions and proposals submitted by the citizens testifies to the gaps and shortcomings in our work, which must be eliminated in future work.

The meeting saw speeches from all members of the Working Group. In particular, there were discussed the amendments to article 26 of the current Constitution regarding property rights. Members of the Working Group voiced several proposals from citizens on proposed amendments to the specified norm.

In turn, Nursultan Nazarbayev proposed to make no changes to article 26, taking into account the views of Kazakhstan’s citizens, noting the need of conducting further measures on improving legislation and clarifying its basic provisions.

At the same time, members of the Working Group informed the Head of State of the concerns of the majority of citizens about the process of redistributing some powers, noting the need to maintain strong presidential power vertical.

In conclusion, Nursultan Nazarbayev once again stressed the importance and relevance of conducting the forthcoming reforms, pointing out the high activity of citizens in public discussions.

The proposed changes in the state system are aimed at further strengthening of the democratization of our society, people power foundations, strengthening the role of the Parliament, increasing the autonomy and responsibility of the Government under presidential form of government. This is the essence of the reforms. Aside from that, there will be modernization of the constitutional framework of law enforcement and judicial system; there will be improvements in the system of constitutional supervision. The guarantees of immutability of our constitutional order are strengthening. In the near future the draft amendments to the Constitution will be submitted to the Parliament for discussion, the President said.

Summing up the meeting, the Head of State expressed his gratitude to all members of the Working Group for their fruitful and important historical work.

Source: Government of the Republic of Kazakhstan