Structure of Government
The postindependence government was structured by the 1993 constitution with a strong executive branch, a parliament, and a judicial branch. In practice, the administration of Nursultan Nazarbayev dominated governance sufficiently to impel the writing of a new constitution providing justification for the one-man rule that developed in the early 1990s.
The constitution formalizes the increased power that President Nazarbayev assumed upon the invalidation of parliament in early 1995. It continues the previous constitutional definition of Kazakstan as a unitary state with a presidential form of government. The president is the highest state officer, responsible for naming the government--subject to parliamentary approval--and all other republic officials. The 1995 constitution expands the president's power in introducing and vetoing legislation. The government that the president appoints consists of the Council of Ministers, headed by a prime minister, and several state committees. In early 1996, after Nazarbayev had reshuffled the government in October 1995, the Council of Ministers included the heads of twenty-one ministries and nine state committees; the prime minister was Akezhan Kazhegeldin. In the October 1995 shift, Nazarbayev himself assumed the portfolio of the Ministry of National Security.
The new constitution does not provide for the position of vice president, although it permitted the incumbent vice president, Yerik Asanbayev, to remain in office until 1996. The president has the power to declare states of emergency during which the constitution can be suspended. The president is the sponsor of legislation and the guarantor of the constitution and of the proper functioning of government, with the power to override the decisions and actions of local authorities and councils. The only grounds on which a president can be removed are infirmity and treason, either of which must be confirmed by a majority of the joint upper and lower houses of the new parliament. In the event of such a removal from power, the prime minister would become the temporary president.
The 1993 constitution created a unicameral parliament, which was to replace the 350-seat Supreme Soviet when the mandates of that body's deputies expired in 1995. Composed overwhelmingly of career communists, the 1990 parliament had been a balky and turgid partner for the task of economic and political reform. Although he probably lacked the legal authority to do so, Nazarbayev pressured this parliament into a "voluntary" early dissolution in December 1993 in order to allow the seating of a smaller and presumably more pliant "professional parliament." Under the 1995 constitution, the parliament consists of two houses, the Senate and the Majlis, both operating in continuous session. Each of Kazakstan's nineteen provinces and the city of Almaty, which has province status, have two senators. These are chosen for four-year terms by joint sessions of the provinces' legislative bodies. An additional seven senators are appointed directly by the president. In addition, ex-presidents automatically receive the status of senators-for-life. The Majlis has sixty-seven representatives, including one from each of fifty-five districts drawn to have roughly equal populations, and the Senate has forty seats. Direct elections for half the seats are held every two years. In the first election under the new parliamentary structure, all seats in both houses of parliament were contested in December 1995; runoff elections filled twenty-three seats in the Majlis for which the initial vote was inconclusive. International observers reported procedural violations in the Majlis voting. The new parliament, which was seated in January 1996, included sixty-eight Kazak and thirty-one Russian deputies; only ten deputies were women.
The initiative for most legislative actions originates with the president. If parliament passes a law that the president vetoes, a two-thirds vote of both houses is required to override the veto. A similar margin is needed to express no confidence in a prime minister, an action that requires the president to name a new prime minister and Council of Ministers.
The judicial system is the least developed of Kazakstan's three branches of government. Although Minister of Justice Nagashibay Shaykenov objected strenuously, the constitution retains the practice of presidential appointment of all judges in the republic. The 1993 constitution specified terms of service for judges, but the 1995 document makes no mention of length of service, suggesting that judges will serve at the president's pleasure.
Under the 1993 constitution, lines of judicial authority were poorly defined, in part because the republic had three "highest courts"--the Supreme Court, the State Arbitrage Court, and the Constitutional Court--which among them employed a total of sixty-six senior judges. Many of these senior judges, as well as numerous judges in lower courts, had been retained from the Soviet era, when the judicial branch was entirely under the control of the central government. The 1995 constitution makes no provision for the State Abritrage Court, which had heard economic disputes among enterprises and between enterprises and government agencies. Provisions for the new judiciary clearly subordinate all other courts to the Supreme Court, which also has a consultative role in appointing senior judges.
Kazakstan is divided into nineteen provinces, and the city of Almaty has administrative status equal to that of a province. In turn, the provinces are divided into regions that consist of a number of settlement points. Each province and region and most settlements have their own elective councils, charged with drawing up a budget and supervising local taxation. Cities have their own local councils as well, and large cities are divided into regions, each of which has its own council.
The local legislatures lack the authority to choose the local executive, who is appointed directly by the president. The local executive has the job of ensuring that decisions of the national government are enforced and that the constitution is observed. Province and regional "heads of administration," known by the Russian term glav or the Kazak term hakim , are presidential appointees. The hakim , in turn, appoints the members of his staff, who are the department heads of the jurisdiction. The hakim also can reverse budgetary decisions of the local councils.
There has been considerable pressure, especially in the predominantly Russian north, to make the hakim posts elective rather than appointive. In 1994 Nazarbayev indicated that he would consider doing so, but the 1995 constitution provides only that the local councils can express no confidence in their hakim by a two-thirds vote. The president also has the power to override or revoke decisions taken by local councils; a hakim has the power to control budgetary decisions taken by the local council.
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