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Constitutional Development of Independent Kazakhstan

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Semi-Presidentialism in the Caucasus and Central Asia

Abstract

Nurumov and Vashchanka trace the transition from the one-party rule of the Communist Party to the one-man rule of Kazakhstan’s first and only president. From a brief period of political pluralism, the country has seen the gradual monopolization of power and elimination of political competition. Changes to the constitutional framework have mirrored the steady concentration of powers in the president’s hands. Dependence on natural resources underpins the current system of governance and the patronage networks on which it rests. Constitutional arrangements are designed to preserve the president’s privileges and reportedly considerable family assets, but, argue the authors, the issue of succession looms large.

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Notes

  1. 1.

    Kolbin’s appointment triggered student protests in Almaty in December 1986. Clashes of initially peaceful protesters with law enforcement and subsequent riots left two people dead and scores injured. See Human Rights Watch (1990).

  2. 2.

    A member of the drafting commission recalled that the main arguments for this new post were the example of other Soviet Union republics that had introduced presidential posts earlier, as well as developments in Moscow, where Gorbachev was elected president of the Soviet Union by the III Conference of People’s Deputies in March 1990. Finally, having its own president was seen as important for self-government and sovereignty of the KazSSR (Zimanov 2011, 2.4).

  3. 3.

    Izvestiya newspaper, 22 March 1991.

  4. 4.

    Constitutional Law “On state independence of the Republic of Kazakhstan,” 16 December 1991 (Contemporary History 2003, pp. 60–63).

  5. 5.

    Nazarbayev N.A., Strategia stanovlenia i razvitiya Kazakhstana kak suverennogo gosudarstva [Strategy of fostering and developing Kazakhstan as a sovereign state], 1992 (Contemporary History 2003, p. 64).

  6. 6.

    Open letter to Speaker Serikbolsyn Abdildin from political party Azat, Independent Trade Union Centre, Social Democratic Party, National Trade Union Birlesu, Socialist Party, public movement Edinstvo, Almaty Helsinki Committee, and Party of Democratic Progress of Kazakhstan (Contemporary History 2003, p. 83).

  7. 7.

    Constitution of the Republic of Kazakhstan, adopted on 28 January 1993 (Contemporary History 2003, pp. 84–100).

  8. 8.

    One Supreme Soviet member recalled how the president addressed the parliament for an hour and a half on the unfolding economic crisis and asked for additional powers, only to see deputies vote not to open debates. Similar inaction followed reports of top law enforcement officials. Bad chemistry between Speaker Abdildin and Vice-President Asanbaev reportedly also played a role (Zimanov 2011, 3.3).

  9. 9.

    President’s Decree “On creation of Peoples’ Assembly of Kazakhstan,” 1 March 1995 (Contemporary History 2003, pp. 103–106).

  10. 10.

    Za mir i soglasie v nashem obshchem dome [For peace and accord in our common home], President Nazarbayev’s remarks to the first session of People’s Assembly, Almaty, 24 March 1995 (Contemporary History 2003, pp. 108–116).

  11. 11.

    CEC report on 29 April 1995 referendum results in Kazakhstanskaya Pravda newspaper, 4 May 1995 (Contemporary History 2003, pp. 117–118).

  12. 12.

    Osmyslenie proidennogo i dalneishee demokraticheskoe reformirovanie obshchestva [Contemplating the way traveled and further democratic reform of the society], President Nazarbayev’s report to the People’s Assembly, 30 June 1995 (Contemporary History 2003, p. 120).

  13. 13.

    Statement of six judges of the Constitutional Court on draft Constitution, Panorama newspaper No. 28, 1995 (Contemporary History 2003, pp. 130–134).

  14. 14.

    CEC report on voting results at the national referendum of 30 August 1995, Kazakhstanskaya Pravda newspaper, 5 September 1995 (Contemporary History 2003, p. 135).

  15. 15.

    Kazakhstan’s 1995 Constitution was amended in 1998, 2007, and 2011. Unless specified otherwise, here references are made to the amended text of the Constitution currently in force.

  16. 16.

    The National Fund is funded, inter alia, from different taxes on oil companies and operations, privatization of state property in the mining sector, and sale of agricultural lands (see chap. 5 of Kazakhstan’s Budgetary Code).

  17. 17.

    See discussion in the introductory and concluding chapters of this book.

  18. 18.

    Kazhegeldin was eventually forced into exile. In August 2001, he was tried in absentia in Astana on charges of bribery and tax evasion. Criminal proceedings against him were initiated by the Committee on National Security, as well as tax authorities. He was sentenced to 10 years of imprisonment (Sheretov 2003, p. 53).

  19. 19.

    This did not prove to be the case. Rakhat Aliyev fell out of favor in 2007 after he was found to be behind forced disappearances of top banking officials. He sought political asylum in Austria, fought extradition to Kazakhstan, and committed suicide in Austrian prison in February 2015.

  20. 20.

    Amnesty International (2002–2003).

  21. 21.

    In 2013, the prosecutor general’s office announced new evidence that Sarsenbayev’s murder was ordered by Rakhat Aliyev, the president’s son-in-law, and his accomplices. New evidence was allegedly discovered through cooperation with the FBI.

  22. 22.

    A questionable feature departing from usual closed party lists requires candidates to be listed in alphabetical order, not in the order they will receive mandates. After final results, party management decides which candidates will receive mandates (OSCE/ODIHR 2007, p. 6).

  23. 23.

    CEC press release of 28 April 2015.

  24. 24.

    100 Steps is touted as an implementation plan for the president’s Kazakhstan 2050 vision that aims to propel Kazakhstan among the world’s 30 most developed nations by 2050. See http://strategy2050.kz.

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Nurumov, D., Vashchanka, V. (2016). Constitutional Development of Independent Kazakhstan. In: Elgie, R., Moestrup, S. (eds) Semi-Presidentialism in the Caucasus and Central Asia. Palgrave Macmillan, London. https://doi.org/10.1057/978-1-137-38781-3_6

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