Research Article: 2020 Vol: 23 Issue: 6
Bitursyn Galymzhan, South Kazakhstan State Pedagogical University
Aziz Kanatbek, Deputy Chairman of the WAC of the Kyrgyz Republic
Isabekov Akylbek, Kazakh National University Named after Al-Farabi
Smanova Akmaral, Kazakh National University Named after Al-Farabi
Bayetov Yernazar, International Kazakh-Turkish University named after H.A.Yassaui
Madaliyeva Akzada, Academy of Public Administration under the President of the Republic of Kazakhstan Branch in the Kyzylorda Region
Temirova Zhannat, South Kazakhstan State Pedagogical University
Baubekova Indira, South Kazakhstan State Pedagogical University
The research paper presents the results (fruits) of internal stability and foreign policy diplomatic position of Kazakhstan in the shortest possible time (29 years) of Kazakhstan's independence, consolidation of its economy, promotion to a leading position among the Central Asian countries, recognition as a legal state in the world, as well as internal stability and foreign policy diplomacy. At the end of the twentieth century, a young state that stands out from the Soviet government will be conducted legal statistical studies of factors that indicate that in 1991- 2020, the status of leadership of world historical events and political events (international agreements) and the establishment of justice and purity as a result of legal reforms in the territory of the Republic. The research work will reflect the mechanisms of phased implementation of ideas in the development strategy "Kazakhstan-2050".
Human Rights and Freedoms, Constitutional Rights and Duties, Powers of the President, Development Strategy, Political Stability.
Today is the time when humanity has mobilized all efforts to reach the top of world civilization. The main goal of each country is to achieve civilization, culture, and the creation of a strong state. To achieve this goal, it is necessary: first, a Constitution that provides legal protection of the rights and freedoms of every person in the country; second, a powerful economy that increases the well-being of the people and strengthens their livelihoods and; third, he should become a wise leader who contributes to the preservation of internal and foreign political stability in the country, the development of the state and the implementation of the requirements of the Constitution. He is the leader-these are the current heads of state, that is, the President.
The presidential service is a highly professional service at the highest level, carried out through national elections, entrusted to a well-known person. A person elected by a majority of the population takes responsibility for the administration of the state. Accordingly, this person is given specific priorities and powers to make very important decisions on behalf of the state according to the requirements of the Constitution. The President has the ability to fully exercise and use these constitutional powers. The President also has the right to prematurely terminate the powers granted to him.
The Kazakh person, which has a 550-year history, was divided from the Soviet government in 1991 and was transformed into the Republic of Kazakhstan as an independent state on December 16, 1991. In 1995, the Constitution of independent Kazakhstan was adopted on the basis of a national referendum. According to article 2 of the Constitution of the Republic of Kazakhstan:
"Republic of Kazakhstan is a unitary state with a presidential form of government, section 1, article 1: the Republic of Kazakhstan proclaims itself a democratic, secular, legal and social state whose highest values are an individual, his life, rights and freedom" (CIS Legislation, 1995).
"Kazakhstan's independence was officially recognized by the United States of America, which is located overseas, the second recognized the state-China, and then the United Kingdom. Such serious countries of the world as Mongolia, France, Japan, Iran, Turkey, and South Korea have recognized it. Turkey opened its Embassy in Kazakhstan for the first time" (Sultanov, 2005).
How at the end of the twentieth century (1991), Kazakhstan, which declared its statehood as a sovereign country, steps into the future? What were the relations with neighboring countries, as well as with countries of the near and far abroad? Did the foreign policy directions and positions show results? We will provide specific research results on these issues in the analytical section of our research work (Table 3).
After declaring its sovereignty, Kazakhstan, as a democratic, legal state, adhered to the policy of peaceful development. Taking into account the best world experience, "Kazakhstan-2050" approved a multi-year development strategy. The model for implementing the development plan, consisting of internal political reforms, can be seen in Table 1.
Table 1 Goals, Directions and Specific Tasks of Implementation of the Development Strategy Kazakhstan-2050 Based on the Constitutional Legislation | |||
GOAL→DIRECTION→TASK | |||
Goal of Implementation of the Development Strategy Kazakhstan-2050 | |||
Goal | Enter the list of 30 developed countries in the world. By 2050, the creation of a welfare society based on a strong state, a developed economy, and universal labor. | ||
Directions of Implementation of the Development Strategy Kazakhstan-2050 | |||
Directions | Direction 1 | Direction 2 | Direction 3 |
The State Guarantee: Human rights and freedoms protection |
External Communication: Political diplomatic negotiations and the establishment of cooperation agreements |
Internal Stability: Development strategies, political and legal reforms, historical value |
|
Specific Tasks for the Implementation of the Development Strategy Kazakhstan-2050 | |||
Obligations | 1. Ensuring the rule of law on the territory of the Republic of Kazakhstan; 2. Priority of protection of the rights of motherhood and childhood; 3. Build a program to increase the age of life of the population; 4. Access to justice; 5. Transition to freedom of speech, freedom of speech and obtaining information |
1. Development of the Concept of foreign policy of the Republic of Kazakhstan; 2. Fixing the border line with neighboring States by law; 3. Establishing close cooperation with Central Asian and CIS countries, the Russian Federation, the people's Republic of China, the United States of America, the European Union, Muslim countries, and international organizations. |
1. Creation Of A Universal Labor Society; 2. Creation of a democratic legal state; 3. Formation of legal literacy of the population; 4. Revival of national values and spiritual values. 5. Creating a Kazakh model of interethnic harmony |
A Strong State with a Competitive Economy |
Purpose of Choosing the Topic
29 years have passed since the independence of the Republic of Kazakhstan. However, the Kazakh people have a 550-year history, their own traditions and customs, the law of the steppe, soaked in blood. Many countries of the world know Kazakhstan as a state in the XXI century, because its history is past, its values as an independent nation. The Constitution of the Republic of Kazakhstan originates in the collection of laws of the XVII-XVIII centuries "the way of Kasym Khan", "the ancient way of Yessimkhan", "seven statutes of Tauke Khan" (Ozbekuly, 1998).
Object of Research
Powers and constitutional rights of the President. Legal protection of human rights and freedoms. The availability of guarantees from the state for free movement, free secondary education and education, improving the welfare of citizens at will.
Research Methods
Methods of comparative study of the level of legal protection of human rights and freedoms in the Republic of Kazakhstan with the requirements of the universal Declaration of human rights approved by the UN General Assembly were used.
Research Result
First, it was established that in connection with the voluntary termination of the President's powers, his constitutional rights were observed and the requirements of the Constitution of the Republic of Kazakhstan were implemented.
Secondly, it became known that the legal protection of human rights and freedoms in the Republic of Kazakhstan is harmonized with the requirements of the universal Declaration of human rights, approved by the UN General Assembly.
Third, a mechanism has been developed for the phased implementation of the development Strategy "Kazakhstan-2050" (main directions, final goal and specific tasks).
Brief Description of the Scientific and Practical Significance of the Study
Legitimate protection of human rights and freedoms is a problem that never loses its meaning. In a democratic, rule-of-law state, special attention is paid to human rights and freedom. Every person goes to court in case of infringement of their rights and freedoms. The court acquires the right to make a decision (sentence) on behalf of the state in defense of the rights and freedoms of citizens. As soon as we see this process in everyday life, many people in society do not take into account that their rights are protected by law. Also shows legal illiteracy. Its end may be accompanied by anti-social, illegal negative events. It is important for every person to understand that their life is very expensive.
The Main Results and Analysis of the Research Work, The Results
In 1991, the state, which gained its independence from the Soviet government, quickly formed its economy, ensuring internal integrity and political stability. Over these years, the results of diplomatic interaction and the influence of state authorities in establishing cooperation with Central Asian States, as well as with countries of the near and far abroad, have been reflected.
What was the social situation with the population that gained independence in Kazakhstan in 1991? What level have you reached now? How did the internal and external political relations of a state consisting of many nationalities develop? These issues were the first item on the agenda of each of the Central Asian States selected from the Council. In the last 10 years of the twentieth century, it was not easy for Kazakhstan, recognized as its Autonomous Republic, to make peace. Since the beginning of the twenty-first century is a period when the world community introduces the world community to the achievements of developed technologies, global global trends of globalization, and the development of new information technologies.
As you know, the historical heritage, customs, traditions and rituals of the Kazakh people, formed over 550 years, have become a vital step as a legal law, a strict rule. The good habits of the people were formed as a legal ethic, which was instilled in the legal law, traditions, and consciousness. National traditions and customs through legal norms were formed as social ethics-that is, legal culture.
Researcher Kulteleev wrote:
"The set of customs that have entered into legal force, such as the Kazakh custom, the custom of other peoples" (Kulteleev, 1995),
And academician Zimanov wrote:
"The force of the norms of customs is necessarily performed without the influence of external forces. As a result, in customs, the effect of inertia is valid, and in other disciplinary rules, they can not be. Customs, fixed in the psychology of members of society, are deduced with even greater difficulties, external factors and attractive effect" (Zimanov, 2001).
In this regard, the reform of the Russian Empire takes:
"From the 30s of the XVIII century to the 20s of the XIX century, the second stage-from the 20s of the XIX century to the 67-68s of this century, the third stage-from the 67-68s of the XIX century to the 1917s of the XX century-is divided into 3 stages" (Kenzhaliev, 1997).
The first step of Kazakhstan, which declared independence at the end of the twentieth century, was the creation of a modern democratic, legal state. In a legal state, the legal culture and legal consciousness of every citizen is being harmoniously improved. Legal awareness helps every citizen to respect rights, strictly comply with the requirements of the law, understand and not commit crimes, and help ensure that another person can not commit criminal activity.
Domestic and foreign scientists are studying the phased implementation of the development strategy of the Republic of Kazakhstan. For example, Kulichenko (1983):
"It is possible to form a strategy for the development of the state through the promotion of national values (language, culture, customs, traditions)"
Agdarbekov (2013):
"The development strategy of each state is the national plan of the country"
Mykhailov (1965):
"Kazakhstan's dynamic development strategy is of great interest to other countries"
K?valevsky (1967):
"The act of consciousness regarding the sphere of volitional relations"
Makarov (1972):
"Interest in development is a program that a person develops specifically to meet their own needs"
Kuliyev (1967) and Zdravomyslov (1964):
"Objective and subjective aspects of strategic development are the unity of common interest"
Sabikenov (1986):
"Common interests in strategic development are a reflection of a true relationship"
Udartsev (2013):
"Strategic development should begin in the context of constitutional and historical development"
K?raev & Kasymbek (2016):
"Ensuring constitutional control over the exercise of state power is the main stage of development"
As the conclusions of the above-mentioned scientists show, The Strategic Development Plan of Kazakhstan includes the principles of national spiritual values and traditions. In the strategic development plan, special priorities are given to the Institute of biys and cultural heritage of the Kazakh people. The legal relations of the Kazakh people in the past centuries are reflected in the work of the following scientists. Ualikhanov (1985):
"In Kazakhs, the title of honorary BI is not given by the people by any electoral means or by the approval of the government that rules the people, but only to a Kazakh who knows the judicial procedure, as well as knows the oratorical art"
Kozlov (1882):
"In the consciousness of the people, the title of Biya belongs to those few who, distinguished by their unapologetic honesty, combine deep knowledge of the indigenous customs of the people with a natural mind"
Sarsenba?ev (1995):
"In the period from the 60s of the XIX Century to 1917, the Kazakh statehood in the zhuzs was eliminated and the lands of the Kazakhs became an integral territory of the Russian empires. At this time, there were no protectorate-vassalage relations-Kazakhstan was completely transformed into a colony of the Russian Empire"
Rybakov (1948):
"The issues of Kazakh customary law were mainly dealt with not by lawyers, but by historians, ethnographers, and administrative officials who visited the territory of Kazakhstan for a long time and studied Kazakh law from the point of view of better adapting it to the interests of the tsarist colonial policy"
Radlov (1989):
"... When I got acquainted with their traditions and Customs, the truth was that they are a people with their own unique culture"
Vyatkin (1969):
"Kazakhs constantly move in a flat steppe, protect their land, preserve their traditions, language, cultural heritage-a distinctive feature of their patriotism and heroism"
Nevertheless, in order to meet the requirements of the society of the new twentieth century, Kazakhstan was guided by the principles that meet the requirements of the international standard. Special attention was paid to foreign policy and diplomatic relations, implementing the world experience recognized as the best in the state's legislative system. First of all, cooperation with neighboring countries-Russia, Kyrgyzstan, Uzbekistan, China and countries of the near and far abroad entered into diplomatic relations. As a result:
1. In 1992, it became part of the United Nations (UN).
2. Became a member of the Shanghai five International organization established in 1996 (founders: Russia, China, Kazakhstan, Kyrgyzstan, Tajikistan) (Wikipedia, 2002).
3. In 1997, following the requirements of the "universal Declaration of human rights", adopted by United Nations resolution No. 217 (III) of 10 December 1948, the Commission on human rights under the President of the Republic of Kazakhstan was established on 22 April 1997 (Regulation, 1997). The goal is to promote international cooperation in the field of ensuring and protecting human rights and freedoms.
4. In the Constitution of the Republic of Kazakhstan, adopted on August 30, 1995 on the basis of the Republican referendum, the articles relating to the protection of human rights and freedoms coincide with the requirements of the universal Declaration of human rights, approved by the UN General Assembly on December 10, 1948. Therefore, the state guarantees for the protection of human rights and freedoms set out in the Constitution of the Republic of Kazakhstan meet the requirements of the world standard. This can be seen in the compatible Table 2.
Table 2 Harmonization of Articles of the Constitution of the Republic of Kazakhstan Related to the Protection Of Human Rights and Freedoms with the Requirements of the Universal Declaration of Human Rights Approved by the Un General Assembly | ||
? | Universal Declaration of Human Rights Adopted by General Assembly Resolution No. 217(III) of the United Nations on 10 December 1948 |
The Constitution of the Republic of Kazakhstan Adopted on the basis of a Republican Referendum on August 30, 1995 |
1 | Article 1 All people are born free from birth and with equal dignity and rights. People, reason, and conscience are not enough, so they should form kinship, fraternity, and relationships with each other. |
Article 12 Human rights and freedoms belong to everyone from birth, are recognized as absolute, inalienable, and are determined based on this content and application of laws and other regulatory legal acts. Article 17 Human dignity is inviolable. |
2 | Article 2 Everyone, regardless of race, color, gender, language, religion, political or other opinion, national or social origin, property, birth or other status, shall have equal access to all the rights and freedoms set forth in this Declaration. |
Article 14 No one may be subjected to any discrimination based on origin, social, official or property status, gender, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances. |
3 | Article 3 Everyone has the right to life, freedom and inviolability of his / her person. |
Article 15 Everyone has the right to life. Article 16 Everyone has the right to personal freedom. |
4 | Article 5 No one may be subjected to torture, ill-treatment, or insult to human honor or race. |
Article 17 No one may be subjected to torture, violence, or other cruel or degrading treatment or punishment. |
5 | Article 7 All are equal before the law and have the right to equal protection, without giving in to the law. All persons have the right to equal protection against discrimination and all forms of incitement to discrimination that violate the provisions of this Declaration. |
Article 14 All are equal before the law and the courts. Article 18 Everyone has the right to privacy, personal and family secrets, and protection of honor and dignity. |
6 | Article 9 No one should be subjected to unreasonable arrest, detention or prosecution. | Article 16 1. Everyone has the right to personal freedom. 2. Arrest and detention are allowed only in cases provided for by law and only with the approval of the court, and the arrested person is granted the right of appeal. |
7 | Article 26 Everyone has the right to education. Education, at least primary and General education, should be free of charge. Primary education should be compulsory for all. Technical and vocational education should be accessible to all and should be both higher and more accessible according to everyone's abilities. | Article 30 1. Citizens are guaranteed free secondary education in state educational institutions. Secondary education is mandatory. 2. A citizen has the right to receive free higher education in a state higher education institution on a competitive basis. 3. Receiving paid education in private educational institutions is carried out on the basis and in accordance with the procedure established by law. |
5. In 2001, he became a member of the intergovernmental international organization of the Shanghai cooperation organization (SCO).
6. In 2010, the first among the countries of the Commonwealth of independent States (CIS) chaired the summit Of the organization for security and cooperation in Eurasia (OSCE). Astana, the capital of our country, adopted the "Astana Declaration"at a summit with the participation of heads of state (Prime Ministers) of 56 countries.
7. Joined the world trade organization (WTO) in 2015. In addition, 2015 was declared the "550th anniversary of the Kazakh khanate" and large-scale historical events were carried out at the national level during the year.
8. In 2017, the international specialized exhibition EXPO-2017 was organized.
The activity of the President during his term of office is very important for the future of the people. In most cases, the President's powers are terminated prematurely for health reasons. In accordance with the requirements of the Constitution of some countries, the President has the right to be elected to this position twice. Therefore, his health, ability, qualifications and life experience are the property of the state.
Article 40, paragraph 1, of the Constitution of the Republic of Kazakhstan reads:
"The President of the Republic of Kazakhstan is the head of state, the highest official who determines the main directions of domestic and foreign policy of the state, representing Kazakhstan within the country and in international relations",
and in paragraph 2:
"The President of the Republic is a symbol and guarantor of the unity of the people and state power, the inviolability of the Constitution, human and civil rights and freedoms" (CIS Legislation, 1995).
By the decision of the constitutional Council, the First President of Kazakhstan, Nursultan Nazarbayev (2010), was given the status of "Elbasy" for 28 years as head of the Republic of Kazakhstan and directly contributed to the implementation of the above large-scale historical events and important decisions.
Article 2 of the constitutional Law of the Republic of Kazakhstan No. 2737 of 29 December 1995 On the constitutional Council of the Republic of Kazakhstan:
"The constitutional Council consists of seven members, including the Chairman of the constitutional Council. In addition, by right, former presidents of the Republic are members of the constitutional Council for life" (Law, 1995).
In accordance with the requirements of this constitutional law, the First President of Kazakhstan from March 20, 2019 appointed member of the constitutional Council of Kazakhstan, Chairman of the Security Council.
In the history of Kazakhstan, the first decade of independence was signed at the beginning of the twentieth century. Over the first decade, thanks to competent negotiations and compromises with the countries of the world, our country has managed to form its place in the twenty-FIRST century. The second and third decades of Kazakhstan's independence of the XXI century brought the state to a qualitatively new level and accelerated development. These achievements and the results of foreign policy and diplomatic positions that opened the way to a bright future can be seen in Table 3.
Table 3 Specific Steps Implemented in the Period from 1991 to 2020 in the Areas of the Development Strategy Kazakhstan-2050 | ||||
? | Directions | Documentation and International Agreements that have Legal Force | ||
First Decade 1991-2000 |
Second Decade 2001-2010 |
Third Decade 2011-2020 |
||
1 | The State Guarantee: Human rights and freedoms protection | 1. Law On state independence of the Republic of Kazakhstan 2. Date of acceptance: 3. December 16, 1991. 4. Member of The United Nations (UN) 5. Date of adoption: March 02, 1992. 6. The Constitution 7. Date of acceptance: 8. August 30, 1995. 9. Commission on human rights under the President of the Republic of Kazakhstan. 10. Date of creation: April 22, 1997. |
1.Kazakhstan's accession to the Bologna process. 2. Date of acceptance: 3. March 10, 2010. 4. Bologna declaration 5. Magna Carta. |
1. The agreement between Kazakhstan and the world health organization about the opening of a Council on primary health care who in the city of Almaty. 67th session of the Assembly, Geneva (Switzerland). 2. May 21, 2014. 3. The Declaration of a nuclear-free world. 4. Astana, October 12, 2011. |
2 | External Communication: Political diplomatic negotiations and the establishment of cooperation agreements |
1. Member of the Shanghai Five international organization. (Founders: China, Kazakhstan, Kyrgyzstan, Russia, Tajikistan). 2. Headquarters: Beijing, 1996. 3. Member of the Shanghai Cooperation Organization (SCO). 4. Member countries: China, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Uzbekistan. 5. Shanghai Date of establishment: July 15, 2001. created. 6. Basis: Shanghai Five. |
1. Member of the Shanghai five International organization. (Founders: China, Kazakhstan, Kyrgyzstan, Russia, Tajikistan). 2. Headquarters: Beijing, 1996. 3. Member of the intergovernmental international organization of the Shanghai cooperation organization (SCO). 4. (Member countries: China, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Uzbekistan). 5. Date of creation of the organization in Shanghai: July 15, 2001. generated. 6. Basis: Shanghai five. |
1. Member of the world trade organization (WTO) of Kazakhstan. 2. Date of official publication: July 27, 2015. 3. International specialized exhibition EXPO-2017. 4. The exhibition was attended by 115 countries and 22 international organizations. Official opening: June 10, 2017. 5. The foreign policy concept of Kazakhstan for 2014-2020. 6. Approved by presidential decree No. 741 of January 21, 2014. |
3 | Internal Stability: Development strategies, political and legal reforms, historical value | 1. Constitutional law of the President of the Republic of Kazakhstan on the constitutional Council of the Republic of Kazakhstan. 2. Date of adoption: December 29, 1995. 3. Strategic development plan of the Republic of Kazakhstan until 2020. 4. Date of publication: October 11, 1997. |
1. The Strategy Kazakhstan-2030. 2. Date of publication: October 11, 1997. 3. Concept of legal policy of the Republic of Kazakhstan for 2010-2020. 4. Date of approval: August 28, 2009. |
1. Development strategy Kazakhstan-2050. 2. Publication date: December 14, 2012. 3. 2015 was declared the "550th anniversary of the Kazakh khanate" and large-scale historical events were carried out at the national level during the year. 4. Resolution of the government of the Republic of Kazakhstan dated December 31, 2014 No. 1448 on holding the 550th anniversary of the Kazakh khanate. |
In the Message Of the President of Kazakhstan to the people of Kazakhstan in 2008;
"Combining the generally recognized patterns of democratic development and the traditions of our society, we will continue to improve the Kazakh model of political and state construction. At the same time, we will ensure interethnic and intercultural harmony, prosperity of the unified people of Kazakhstan"
Nazarbayev (2010), the Kazakh phenomenon of development was defined. Today, the States of Central Asia, which comprise more than 70 million people, are among the civilized Nations based on common customs and traditions, settled through mutual cooperation of trade and economic, transport and transit, territorial security, and historical and cultural ethnic relations. As you know, in the trade and economic relations of the Central Asian countries, the revival of the ancient great silk road passes through Kazakhstan. One of them is the working (consultative) meeting of the heads of States of Central Asia, which was held on March 15, 2018 in Astana under the chairmanship Of President of Kazakhstan Nursultan Nazarbayev (2010). The meeting was attended By President of the Kyrgyz Republic sooronbay Jeenbekov, President of the Republic of Uzbekistan Shavkat Mirziyoyev, President of the Republic of Tajikistan Emomali Rahmon and Chairman of the Mejlis of Turkmenistan Akja Nurberdieva. In continuation of this meeting, President of the Republic of Kazakhstan K. Tokayev met with the heads of States members of the collective security Treaty, held on November 30, 2019 in Bishkek, Kyrgyzstan. In addition, Kazakhstan constantly and systematically continues to maintain traditional ties with Russia, China and other CIS countries.
Summing up the results of the study, the President during his term of office, using his constitutional rights, determined the strategy for the development of the state and will make efforts for the prosperity and development of the country, opens the way to a bright future. Heads of state who have made efforts for a bright future state know the history of the peoples of the world. We must understand that various events that occur in the history of Central Asian countries and in relation to heads of state in the world are caused by time. In the period since Kazakhstan gained independence until today, the head of state within their constitutional rights, without the people's trust and the termination of its authority, in the framework of the constitutional rights of a lifetime appointment to a member of the constitutional Council determines the sign of a democratic legal state.