1 Basics of the constitutional order of the Republic of Kazakhstan.

Republic of  Kazakhstan proclaims itself a democratic, secular, legal and social state. The fundamental principles of the activity of the Republic are public concord and political stability; economic development for the benefit of all the nation.

Principles of the constitutional order of the Republic of Kazakhstan

1. Sovereignty may be defined as the supreme power of the state to command and enforce obedience to its will from the people within its jurisdiction corollary to have freedom from foreign control. (item2 article 2 “2. The sovereignty of the Republic extends to its entire territory. The state ensures the integrity, inviolability and inalienability of its territory” ).

2. Republican form of government is a form of government in which the country is considered a "public matter" not the private concern or property of the rulers, and where offices of state are subsequently directly or indirectly elected or appointed rather than inherited. (it.1 art.41 “The President of the Republic shall be elected by universal, equal and direct suffrage under a secret ballot for a five-year term in accordance with the constitutional law by the citizens of the Republic who have come of age.” ; it.1 art.51 “Elections of ninety eight deputies of Majilis shall be carried out on the basis of the universal, equal and direct right under secret ballot.”; it.2 art.51 “The elections of the deputies of the Senate shall be carried out on the basis of indirect electoral right under secret ballot.”; art.33).

3. People power The people shall be the only source of state power. The people shall exercise power directly through an all-nation referendum and free elections as well as delegate the execution of their power to state institutions. Nobody shall have the right to appropriate power in the Republic of Kazakhstan. Appropriation of power shall be persecuted by law. The right to act on behalf of the people and the state shall belong to the President as well as to the Parliament of the Republic within the limits of the constitutional powers. The government and other state bodies shall act on behalf of the state only within the limits of their delegated authorities (it.1-3 art.3; art.33).

4. Ideological diversity (it.1art.5 “The Republic of Kazakhstan shall recognize ideological … diversity”; art. 22 “Everyone shall have the right to freedom of conscience” it means the freedom of an individual to hold or consider a fact, viewpoint, or thought, or religion independent of others' viewpoints.)

5. Secular character of the state is a concept of secularism, whereby a state or country purports to be officially neutral in matters of religion, supporting neither religion nor irreligion. A secular state also claims to treat all its citizens equally regardless of religion, and claims to avoid preferential treatment for a citizen from a particular religion/nonreligion over other religions/nonreligion. Secular states do not have a state religion or equivalent, although the absence of a state religion does not guarantee that a state is secular. (art. 22 “Everyone shall have the right to freedom of conscience”, Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any religion; it5 art5 “Activities of foreign religious associations on the territory of the Republic as well as appointment of heads of religious associations in the Republic by foreign religious centers shall be carried out in coordination with the respective state institutions of the Republic”).

6. Political diversity (it.1art.5 “The Republic of Kazakhstan shall recognize … political diversity”; it1-4 art5 “The Republic of Kazakhstan shall recognize ideological and political diversity. The formation of political party organizations in state bodies shall not be permitted. Public associations shall be equal before the law. Illegal interference of the state in the affairs of public associations and of public associations in the affairs of the state, imposing the functions of state institutions on public associations shall not be permitted. Formation and functioning of public associations pursuing the goals or actions directed toward a violent change of the constitutional system, violation of the integrity of the Republic, undermining the security of the state, inciting social, racial, national, religious, class and tribal enmity, as well as formation of unauthorized paramilitary units shall be prohibited. Activities of political parties and trade unions of other states, religious parties as well as financing political parties and trade unions by foreign legal entities and citizens, foreign states and international organizations shall not be permitted in the Republic.”).

7. Economical diversity (art 6 “The Republic of Kazakhstan shall recognize and by the same token protect state and private property. Property shall impose obligations, and its use must simultaneously benefit the society. Subjects and objects of ownership, the scope and limits of the rights of proprietors, and guarantees of their protection shall be determined by law. The land and underground resources, waters, flora and fauna, other natural resources shall be owned by the state. The land may also be privately owned on terms, conditions and within the limits established by legislation”).

8. The rights and freedoms of the individual and the citizen — the supreme value. Thereby it declares the understanding of relationship of the state and the personality, putting in the forefront the personality. Respect for the personality are the integral attribute of the state, its duty. (art 12 “Human rights and freedoms in the Republic of Kazakhstan shall be recognized and guaranteed in accordance with this Constitution. Human rights and freedoms shall belong to everyone by virtue of birth, be recognized as absolute and inalienable, and define the contents and implementation of laws and other regulatory legal acts. Every citizen of the Republic shall have rights and bear responsibilities owing to his citizenship. Foreigners and stateless persons in the Republic shall enjoy rights and freedoms as well as bear responsibilities established for the citizens unless otherwise stipulated by the Constitution, laws and international treaties. Exercise of a citizen’s human rights and freedoms must not violate rights and freedoms of other persons, infringe on the constitutional system and public morals.”)

The Republic of Kazakhstan shall have its state symbols — the flag, emblem and anthem. Their description and order of official use shall be established by the constitutional law.

2 The constitutional basics of a legal status of the individual and the citizen in the Republic of Kazakhstan.

Human rights and freedoms in the Republic of Kazakhstan shall be recognized and guaranteed in accordance with this Constitution.

Human rights and freedoms shall belong to everyone by virtue of birth, be recognized as absolute and inalienable, and define the contents and implementation of laws and other regulatory legal acts. Every citizen of the Republic shall have rights and bear responsibilities owing to his citizenship. So, the principle works - each citizen is a individual, but not each individual is a citizen. Thereby, the rights and duties of the individual not the same as the rights and duties of the citizen.

It is possible to divide the constitutional rights and duties on personal, social-and- economical and political.

Personal rights and freedoms do not depend on citizenship. It is the rights and freedoms connected with life, advantage and other absolute laws of the person.

• the right to life (Art. 15),

• the right to personal freedom (Art. 16)

• the right to freely move (Art. 21),

• the right to inviolability of dignity of the person (Art. 17),

• the right to inviolability of private human life (Art. 18),

• the right to recognition of its right subjectivity and right of defense of the rights and freedoms (Art. 13),

• the right to qualified legal assistance (Art. 13).

The group of the social-and-economic rights defines a legal status of the individual as member of civil society.

• the right to property (ст.ст.26 item 6),

• the freedom of labor (Art. 24),

• the right to rest (the Art. 24p. 4)

• the right to social protection (Art. 28 of item 1),

• the right to education and care of children (Art. 27),

• the right to health protection (Art. 29),

• the right to education (Art. 30).

The circle of the political rights and freedoms defines a legal status of the citizen in system of the public relations. So these rights belong only to citizens of RK

• the right to participate in elections and a republican referendum (Art. 33 of item 2),

• the right to participation in state administration (Art. 33 of item 1),

• the right to public service (Art. 33 of item 4),

• the right to freedom of the word and creativity, right to freedom of associations, the right to peaceful assemblies, meetings, demonstrations is provided.

Legal status of the person and the citizen is impossible without the fundamental duties fixed by the Constitution. Except but duties are defined as for all individuals being in the territory of Kazakhstan (observance of the Constitution and laws of RK; respect of the rights, freedoms, honor and the dignity of other individual s, respect of the state symbols of RK and tax payment), and only for citizens of RK (protection of the Homeland and execution of military service, care of preservation of a historical and cultural heritage, protection of monuments of history and culture and nature preservation).