Alykbek Dzekshenkulov, former Minister of Foreign Affairs of Kyrgyzstan, shares his opinion on how changes in the Constitution of Kazakhstan can strengthen sovereignty and transform the political structure of the country.
Constitutional changes adopted in the referendum continue to be at the center of discussions among experts in the region. Political scientists and officials are analyzing how the new Basic Law will affect the governance system and the future of Kazakhstan.
Alykbek Dzekshenkulov, a well-known public figure, shared his views on the constitutional changes in an interview with the editorial team of Vesti.kg.
The new concept of the Basic Law
In his opinion, the most significant aspect of the reform is the radical revision of the philosophy of the Constitution. This implies a transition from declarative norms to a more systematized and ideologically structured document that defines the value orientations of the state and lays the foundation for its development.
Thus, the updated Constitution not only makes changes to individual norms of power but also forms the value base of the state structure, emphasizing historical continuity, the unity of the people, and a responsible attitude towards natural resources.
Large-scale changes
Dzekshenkulov emphasizes that the scale of the reform is unprecedented. According to his estimates, about 84% of the text of the Basic Law has undergone changes, making this revision the most significant since Kazakhstan gained independence.
The necessity for such profound changes, in his opinion, was prompted by a new stage in the country's development. Initially, it was planned to make only targeted changes to forty articles, but during the preparation process, it became clear that the country needed more serious reforms.
These changes reflect a transition from a "super-presidential" model to a presidential republic with a stronger parliament.
The Constitution as a social contract
Another important aspect of preparing the constitutional reform has been changes in public perception. The new Basic Law can be viewed as a social contract that seeks to establish a balance of interests between the state and society, taking into account the new expectations of citizens.
The preparation process was open to public discussion, which lasted about six months with the participation of the Constitutional Commission and a working group that included representatives from science, parliament, and various public organizations.
Citizens submitted about two thousand proposals through electronic platforms, which became an example of implementing the principle of a "listening state".
Strengthening sovereignty
The new version of the Constitution pays special attention to strengthening the independence and sovereignty of the state. One important step was changing the procedure for the application of international treaties, which are now regulated by the national legislation of Kazakhstan.
According to the expert, this strengthens the legal mechanisms for protecting sovereignty and reduces the risks of external pressure on the country's legal system.
The consolidation of historical continuity in the preamble of the Constitution has symbolic significance: Kazakhstan is defined as the heir to the states that existed on the territory of the Great Steppe, which forms a deeper legitimacy for the modern state.
Human rights as a priority
The updated Constitution emphasizes human rights and freedoms. This section has become one of the most extensive and detailed, reflecting the commitment to a human-centered state policy and a change in the philosophy of governance towards the protection of citizens' rights.
New guarantees of citizens' rights
The Constitution introduces new guarantees of citizens' rights, including a prohibition on the retroactive effect of laws, protection of the home, and the inadmissibility of eviction without a court decision, as well as a ban on the illegal use of personal data.
Procedural guarantees are also becoming stricter: a prohibition on double punishment for the same offense and coercion to testify against oneself and close relatives is introduced.
Additionally, the Miranda rule is enshrined, which requires the explanation of rights to the detained person at early stages of the criminal process, which now has constitutional status.
Improving judicial protection
The mechanisms for judicial protection of citizens are strengthened, in particular, the bar is recognized for the first time as an independent institution ensuring citizens' right to defense.
Responses to modern challenges
The updated Constitution also takes into account modern global challenges. The document includes norms aimed at regulating political, environmental, and digital risks.
In particular, restrictions on foreign funding of political parties are introduced, which should protect the political system from external interference, and the obligation to treat nature and resources with care for sustainable development is enshrined.
Digital rights and data protection
Particular attention is paid to the digital rights of citizens: for the first time, the right to protection of personal data in the digital environment is enshrined at the constitutional level, including a ban on the illegal collection and use of information.
The expert believes that such norms are extremely important in the context of the rapid digital transformation of society and the increasing use of data processing technologies.
New power structure
The updated Constitution makes changes to the system of state governance, clarifying the balance between branches of power and the form of government.
It establishes a presidential republic and strengthens the mechanisms of checks and balances between state institutions.
The parliament receives expanded powers in forming key state bodies, and the government becomes more accountable to parliament, which should enhance the effectiveness of governance.
The role of political parties and local representative bodies is also strengthened, aimed at transitioning to a more institutionalized party system.
New mechanisms for public representation and cooperation between central authorities and regions are introduced.
Results of the reform
Thus, as Alykbek Dzekshenkulov notes, the constitutional reform lays the foundation for a new political model focused on strengthening sovereignty, developing political institutions, and protecting the rights and freedoms of citizens.
