Political System of Kazakhstan

The Constitution of the Republic of Kazakhstan provides for a democratic, secular and presidential system of rule. State governance is divided between executive, legislative and judicial branches. President is a head of state.

On May 21, 2007 President of Kazakhstan signed a Law amending the Constitution. These changes enlarge the power of the Parliament, enhance the role of political parties, thus transforming Kazakhstan from presidential into presidential-parliamentary republic.

Head of State: President Nursultan A. Nazarbayev.

The President of the Republic of Kazakhstan determines the main directions of the domestic and foreign policy of the state and represents Kazakhstan within the country and in international relations. The President of the Republic is the guarantor of the unity of the people and the state power, inviolability of the Constitution, rights and freedoms of an individual and citizen.

Legislative Branch: Kazakhstan has a bicameral Parliament, which consists of the Senate (the upper house) and Majilis (House of Representative).The 47-member Senate is made up of two elected representatives from each of Kazakhstan's 14 regions, cities of Astana and Almaty. Representatives serve terms of two, four or six years. Several members of the Senate represent the Assembly of the People of Kazakhstan. The Senate is empowered to adopt laws in the period of temporal absence of the Majilis or due to termination of its tenure.Chairman of the Senate Mr. Kassym Jomart Tokayev.

Majilis. 98 members of the Majilis are elected in accordance with the proportional electoral system (party lists), 9 – by the Assembly of the People of Kazakhstan in order to take into account the interests of the major ethnic groups. Deputies of Majilis serve a term of six years. Chairman of the Majilis Mr.Aslan Mussin.

Government is the supreme executive body of Kazakhstan. Prime-Minister, head of the Government, is appointed by the President after consultations with political fractions of the Parliament and upon approval by the majority of the members of the Mazhilis. The Prime-Minister shall represent the political party having majority in the Parliament.

Judicial branch: The legal system of Kazakhstan owes its origin to the Continental (Roman-German) legal family. The Constitution, respective normative legal acts, international treaties, as well as the normative resolutions of the Constitutional Council, and Supreme Court of Kazakhstan constitute the actual law in Kazakhstan. The international treaties ratified by Kazakhstan generally have priority over its laws and, such treaties can either apply directly/automatically, or, after the adoption of a law where the treaty itself provides that, for its application, a law must be adopted.Judicial functions are exercised only by courts of law. Judicial functions are exercised by application of civil, criminal and other forms of judicial proceedings as established by law. The courts of the Republic are as follows: the Supreme Court and local courts of law of the Republic.Arbitration mechanisms exist in Kazakhstan. In December 2004 Kazakhstan has adopted Laws “On international commercial arbitrage” and “On courts of arbitration” to provide alternative dispute resolution mechanisms.

The Head of the Supreme Court is Mr. Kairat Mami.

Constitutional Council has a major role in considering disputes on conducting elections. The Council examines the conformity of the laws to the Constitution.

It provides with official interpretation of the Constitutional norms; draws the conclusions of the observance of the established constitutional proceedings.

Professional titles

Although many kind of people working in or studying legal affairs are called lawyers, the word really describes a person who has the right to act in certain legal matters.Most countries have different groups of lawyers who each take a particular jobs.

In Japan, a lawyer must decide whether he wants to take the examination to become an attorney, a public prosecutor or a judge.

In England, the decision is between becoming a barrister or solicitor. Barristers specialize in arguing cases in front of a judge and have the right to be heard, the right of audience, even in the highest courts. They are not paid directly by clients, but are employed by solicitors. Judges are usually chosen from the most senior barristers, when they are appointed they cannot continue to practice as barristers. Solicitors do much of the preparation for cases which they then hand to barristers as well as doing legal work which does not come before a court, such as drawing up wills, and dealing with litigation which is settled out of court. Solicitors also have a right of audience in lower courts, but in higher courts, such as the court of Appeal, they must have a barrister argue their client’s case.

In general, it can be said that a barristers spends most of his time either in a courtroom or preparing his arguments for the court and solicitor spends most of his time in an office giving advice to clients, making investigations and preparing documents. Many people believe the distinction between barristers and solicitors should be eliminated in England, as has already happened in Australia.

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