EVOLUTION OF THE SYSTEM OF POWERS OF THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN

Abstract

The author notes that most Kazakh authors in determining the powers of the head of state one way or another adhere to a functional approach. The term «function» itself is found in the constitutions of some States. However, both in the first Constitution of independent Kazakhstan dated January 28, 1993, and in the current Constitution, this term was not used. Nevertheless, some provisions of the Constitution of the Republic can be interpreted as descriptions of the functions of the highest official of the State. In the article, the author examines the groups of powers specified in the Constitutional Law of the Republic of Kazakhstan "On the President of the Republic of Kazakhstan". The author examines the development of the powers of the head of state, taking into account all constitutional reforms since the adoption of the current Constitution of the Republic of Kazakhstan (amendments and additions in 1999, 2007, 2011, 2017, 2022 and 2023). The subject of the study is the legal acts of the Republic of Kazakhstan, the legal norms formulated in them and the practice of their implementation, program documents. The objectives of the work are to identify problems in the development of the system of powers of the President and to develop proposals for their solution. The article analyzes each group of powers of the head of state, including the constitutional and legal position of the President in the system of public authorities, analyzes the processes of development of relations between state bodies, identifies provisions that are insufficiently clear. The author draws attention in detail to the excessive detail of the powers of the head of state for each group of powers, including the inconsistency of some powers under the Constitution, Constitutional Law and other legal acts. In conclusion, an assessment is given of some provisions of the legal acts of Kazakhstan, recommendations are given on the expansion of powers.