CONSTITUTIONAL REFORM: THE NEW POWERS OF THE GOVERNMENT OF KAZAKHSTAN

The process of redistribution of powers between branches of government started in Kazakhstan. A total of 40 President's powers can be transferred either to the Government or the Parliament. Public discussion of amendments to the Constitution of Kazakhstan will continue until February 26, 2017. 

The main essence of the constitutional reform, announced by the Head of State in a special appeal on January 25 this year, is the transfer of the powers of the President of Kazakhstan to the Government and Parliament.

The Cabinet of Ministers will be given more powers in the economic sphere, and the main issues of defense capabilities, external policy, governance, protection of the Constitution and to ensure the effective work between branches of government will remain in the competence of the President.

It is worth noting that, being on the national discussion, the Government will introduce the amendments to the Constitution of Kazakhstan to Parliament before the end of the current session.

The President of Kazakhstan Nursultan Nazarbayev in his address on the redistribution of powers between branches of government stressed that the process would be a logical and consistent step in the country's development.

"It is important to strengthen the role of Parliament in the formation of the Government to enhance the responsibility of the Cabinet before the deputies. The party that won the parliamentary elections will be a decisive influence on the formation of the Government," the President of Kazakhstan said.

According to the Head of State, one of the five institutional reform means more open work of the Government.

Thus, the right to develop the main directions of socio-economic policy of the state, its defense capability, security, guarantees of public order and organize their implementation transferred to the Government of Kazakhstan.

The Government will approve the national programs and ensure their implementation with the President’s agreement.

Currently, the government has the right to form, abolish and reorganize central executive bodies that are not part of it, to appoint and dismiss their heads.

With the President’s agreement to approve a unified financing system of workers’ pay for all bodies, financed by the state budget.

To report to the President of the Majilis of the Parliament about the main directions of the Government's activity and all of its important decisions.

The Government shall resign its powers to the newly elected Majilis.

It should be noted that all of this together will increase the responsibility of the executive government agencies and their managers, and give the necessary powers.

The Working Group on the redistribution of powers between branches of government was established by order of the President of Kazakhstan.

As a result of discussions, the Working Group produced 40 proposals for redistribution of powers of the Head of State, which can be transferred to the Government and some of the executive bodies.

"The Working Group was proposed a set of amendments aimed at redistribution of organizational and legal powers of the Head of State in the economy, budget planning and business activities, which may pass into the competence of the Government. The functions on the formation of the list of objects are not to be transferred for the purposes of public-private partnership, the definition of the priority sectors of the economy in order to stimulate them, the statement about the award of honorary degrees to business entities engaged in entrepreneurial activities and made a significant contribution to the development of charity, as well as on formation of Republican budget commission and approval of its regulations and composition, the definition of the state planning system and some others," commented Minister of Justice of the Republic of Kazakhstan Marat Beketayev.

According to the minister, it will allow the Government to effectively implement its mandated functions and directly regulate the sector of the national economy, thus increasing its responsibility.

"There are certain powers that bear the organizational and administrative character. For example, the creation of state-owned enterprises; definition of the person from whom the goods was purchased, works and services performed outside the public procurement procedures; approval of the list of holiday dates and model regulations of the public authority and the other," added the head of the Ministry of Justice.

A range of responsibilities of the head of state, according to the Working Group, may be referred to the competence of the Government in coordination with the Presidential Administration. This is due to the preservation of the functions of the Head of State to determine the main priorities in foreign and domestic policy, national security and the country's defense.

It is important to note that such a large-scale revision of the features focuses on the issue to increase the responsibility of the Government and its members individually. Thus, a new reality is formed; the Government of the Republic of Kazakhstan will work in its terms. This is a logical continuation of state policy formation and development of competitive national economy, certain special appeal of the head of state Nursultan Nazarbayev.

Source: primeminister.kz


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