Rule Of Law In Kazakhstan: Maintaining Momentum

Twenty years ago, Kazakhstan's Constitution was adopted, which declared it a "rule of law" country. While Kazakhstan has not yet met this standard, it is moving quickly toward this goal. Kazakhstan is a unique country in many respects. Apart from its vast territory, rich natural resources, small population, multiple nationalities and well-educated society, Kazakhstan is also known as a country that was able to build, rapidly and successfully, a strong state with a foundation for future development. During the years of independence, we have witnessed the country's successes and failures in various political and economic spheres, but the fact that the country has continued to move forward is very encouraging.

Once an independent state, Kazakhstan introduced a legal system that was quite liberal and encouraged foreign investment. Over time, conservatism and bureaucracy, as well as Soviet heritage and other factors, overtook progress. Kazakhstan was trying to find its way to develop through trial and error. We have now started to see changes that bring us closer than ever to reaching the goal of having a "rule of law" country.

Over the past 20 years, civil society became more mature and conscious of its desires, values and preferences, and the Government became more attuned to society's wishes. The global economic crisis contributed to a better understanding of the problems and challenges, which as a result, started unprecedented reforms in all spheres of Kazakh society and economics. Legislative and judicial systems reforms were the most important, in addition to certain organizational reforms.

Significant measures aimed at improving the investment climate were introduced one year ago, and a path toward more significant reforms is beginning. This is reflected in the recently announced Presidential Program, "100 Concrete Steps."

"Assurance of the Supremacy of Law" is included in this program as one of the most important tasks, and 19 of the 100 steps are devoted to concrete measures related to the rule of law (steps 16 to 34). Most of these steps are aimed at improving the judiciary. An independent and professional judiciary has long been recognized as one of the most important elements of a rule of law system. However, little had been done in Kazakhstan to achieve this goal. The Presidential Program includes a number of steps that could be characterized as revolutionary, as they aim to change the mindset of decision makers. The Presidential...

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