The impact of Kazakhstan's constitutional reforms (2016-2019) on the system and functioning of state bodies

The article examines the content of constitutional reforms carried out in Kazakhstan in 2016-2019 and related to the adjustment of the legal status of the highest state bodies. According to the authors, the renewal of the constitutional legislation was aimed at preparing the conditions for the possible resignation of the head of state and holding early presidential elections. In preparation for the possible early resignation of the head of state, the role of state security agencies was strengthened, the control powers of the Parliament were increased, and the Security Council was assigned the status of the body that decides personnel issues concerning the top executive units, oversees the executive branch - hearing the annual report of the Government of Kazakhstan on the results and key directions in activities. Although significant changes were made to the powers of the highest state bodies, the amendments did not affect the provisions of Article 2 of the Constitution of the Republic of Kazakhstan, enshrining the presidential republic as a form of government. But despite this, the actual constitutional reforms laid the foundations for the transition to a parliamentary republic, one element of which being the strengthening of the role of Parliament. The decision to build a dual system of the executive branch is aimed at separation of the powers related to the management of the socio-economic sphere from the competence of the head of state and assigning them to the competence of the Government. The conclusion that the renewal of the Constitution of Kazakhstan was aimed at preparing the conditions for the possible resignation of the head of state and elections is confirmed by the changes introduced into the Constitutional law of the Republic of Kazakhstan of 28^th of September 1995 “On the elections in the Republic of Kazakhstan”. Under the above, the scope of requirements for a candidate to the post of president in terms of the need to have work experience in the public administration system has been increased. The introduction of that new requirement was aimed at limiting the number of applicants for the highest office in the country. It deprived members of socio-economic and professional groups of passive suffrage. The analysis of the current system of the highest state bodies of Kazakhstan has revealed that the ex-president, having lost the status of the head of state, left in his hands broad powers to coordinate the activities of the bodies of state power. Being the leader of the ruling Nur Otan party, he has the power to control Parliament, the powers of which were significantly expanded. Under the Constitutional Law of the Republic of Kazakhstan of July 20, 2000, No. 83-II "On the First President of the Republic of Kazakhstan - Leader of the Nation" the First President of the Republic of Kazakhstan - Elbasi, because of his historical mission, for life has the right to lead the Assembly of the People of Kazakhstan, to lead the Security Council of the Republic of Kazakhstan and to be a member of the Constitutional Council of the Republic of Kazakhstan.

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