The constitution the Kazakhstan and Czech Republic

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Introduction

Every society has certain standards which ensure that its members' actions do not harm the same society. There are two types of standards, Verbal Standards, which are not written down but are taken for granted and handed down from generation to generation. These can be applied differently depending on the case. There are also Written Standards, which are written down. These are hard to change, but much easier to apply than the Verbal Standards.

In a Democratic State, the main set of rules is called the Constitution. These rules are generally obeyed by everyone.

The Constitution is divided into two main sections, The Human Rights and The Institutions of the State.

In the Human Rights section, the Constitution defines what rights each member of the state is entitled to. For example, it may define that everyone has the right to vote in an election, or that everyone is entitled to a pension when he reaches a certain age.

The Institutions of the State is divided into three sections: the Legislative, the Executive and the Judiciary.

The Legislative is made up of a group of people who have the power to make new laws or alter existing ones, including the Constitution itself. (The Constitution is harder to alter than the other laws because it can't be altered by a simple majority of the members agreeing with the alterations). These people are the Members of the Parliament, who are elected by the citizens of the state and meet to discuss matters concerning the state.

The Executive has the responsibility to apply the rules which the Legislative defines. The Executive is controlled by the members of the Government, also elected by the citizens of the state. The government is controlled by the Prime Minister.

The Judiciary executes justice in the state, and makes sure that all the laws are obeyed by the citizens.

In a true democratic state, these three Institutions of the State do not overpower each other, but work in such a way that each one of them is independent and can check over each other to make sure that there is no abuse of power.

The Constitution is very important because it defines the main outlines of how the state is ruled, the fundamental rights of the citizens, and also defines that the state is a Democracy for example. This makes it the most important of all the laws in a state

Kazakhstan as a very rapidly developing country in central Asia is important for many researcher in all over the world. In our country, most of eastern countries' laws are not be sought with scientific aims, in contrast the western countries have at least one institute for observing the developments in law as in other scopes of these countries.

As we know, in generally, constitutions can be described as documents showing fundamental rights and freedoms of peoples and main structures of states. Obviously, most of the constitutions are results of long-term struggles of peoples and have historical background. Only some of them are given as a right or gift to people by administrators and emperors. Countries were under the rule of USSR for nearly seventy years until 1990. After Gorbachev's «Glasnost» (openness) and «Perestroica» (reconstruction) policies, for a while every Soviet Socialist Republic had their own constitutions.

The Constitution of the Republic of Kazakhstan adopted at the republican referendum on August 30, 1995 and Constitution of the Czech Republic adopted on January 1, 1993.

The Constitutions of both the Kazakhstan and Czech Republic have similarities and differences between them. The Czech Republic constitution came earlier in history than the Kazakhstan one did. Some of the same ideas that were in the Czech Republic constitution were carried over to some of the ideas that we use in our government today. In this paper I will compare and contrast these ideas as they relate with one another.

First of all I want to compare preambles.

Kazakhstan Czech Republic

We, the people of Kazakhstan, united by a common historic fate, creating a state on the indigenous Kazakh land, considering ourselves a peace-loving and civil society, dedicated to the ideals of freedom, equality and concord, wishing to take a worthy place in the world community, realizing our high responsibility before the present and future generations, proceeding from our sovereign right, accept this Constitution.

We, the citizens of the Czech Republic in Bohemia, Moravia and Silesia, at this time of the reconstitution of an independent Czech State, true to all the sound traditions of the ancient statehood of the Lands of the Crown of Bohemia as well as of Czechoslovak statehood, resolved to build, protect and advance the Czech Republic in the spirit of the inalienable values of human dignity and freedom as the home of equal and free citizens who are aware of their obligations towards others and of their responsibility to the community, as a free and democratic State founded on respect for human rights and on the precept of a community of citizens, as a member of the family of democratic nations of Europe and the world, resolved to protect and develop their natural, cultural, material and spiritual heritage, resolved to heed all the well-proven tenets of law-abiding state, have adopted through our freely elected representatives this Constitution of the Czech Republic

Main idea of preambles is similar. Both of States wish fighting for freedom, protect and develop their natural, cultural, material and spiritual heritage.

The constitution of Kazakhstan has nine sections and 98 articles. There are

Section I. General Provisions

Section II. The Individual and Citizen

Section III. The President

Section IV. The Parliament

Section V. Goverment

Section VI. The Constitutional Council

Section VII. Court and justice

Section VIII. Local public administration and self-administration

Section IX. Concluding and transitional provisions

The Constitution of Czech Republic has eight chapters and 113 articles. There are

Chapter 1. Fundamental Provisions

Chapter 2. Legislative Power

Chapter 3. Executive Power

Chapter 4. Judicial Power

Chapter 5. The Supreme Control Office

Chapter 6. The Czech National Bank

Chapter 7. Territorial Self-government

Chapter 8. Interim and Final Provisions

Compare Human Rights sections

We have a lot of similar articles. For example, both of States have articles about that people shall be the only source of state power. People in these states appreciate above all. Everyone has the right to vote in an election, or that everyone is entitled to a pension when he reaches a certain age. Everyone shall have the right to life or everyone shall have the right to personal freedom. Everybody may do what is not prohibited by law and nobody may be forced to do what the law does not instruct him to do. I thing in the Human Right section shouldn't be difference. Every state does everything for people who live in his territory. Because, person is the most value on the Earth.

The Institutions of the State section

constitution law articlе

The Legislative

Kazakhstan has legislative power like Czech Republic. Parliaments of the Republic of Kazakhstan and Czech Republic are the highest representative body of the Republic performing legislative functions. The Parliament shall have two chambers which shall be the Chamber of Deputies and the Senate in Czech Republic and the Senate and the Majilis in Kazakhstan. Also in my country the Senate shall be composed of deputies elected in twos from each oblast, major city and the capital of the Republic of Kazakhstan, at a joint session of the deputies of all representative bodies of the respective oblast, major city and the capital of the Republic. Seven deputies of the Senate shall be appointed by the President of the Republic for the term of the Senate. The Majilis shall consist of seventy-seven deputies. Sixty-seven deputies shall be elected in constituencies having one mandate and formed according to the administrative-territorial division of the Republic with an approximately equal number of constituents. Ten deputies shall be elected on the basis of the Party Lists according to the system of proportional representation and in the territory of a unified national constituency. In the Czech Republic the Chamber of Deputies shall have 200 Deputies who shall be elected for a term of four years. The Senate shall have 81 Senators who shall be elected for a term of six years. One third of the Senators shall be elected every two years. Elections in countries shall be carried out on the basis of the universal, equal and direct right under secret ballot. Every citizen of the Republics who has attained the age of eighteen years shall have the right to vote.

Differences in this section: in Czech Republic on the day when a Deputy or Senator assumes the office of President of the Republic or on the day when he or she assumes the office of judge or another office incompatible with the office of Deputy or Senator, his or her mandate as Deputy or Senator shall cease. In Kazakhstan half of the elected deputies of the Senate shall be re-elected every three years. In this case, their regular elections shall be held no later than two months before the end of their term in office. The main difference it is age of electors who has reached thirty years of age in Kazakhstan and every citizen of the Czech Republic who has the right to vote and who has attained the age of forty years may be elected to the Senate. A deputy of the Majilis may be a citizen of the Republic of Kazakhstan who has reached twenty-five years of age and in Czech Republic citizen who has the right to vote and who has attained the age of twenty-one years may be elected to the Chamber of Deputies.

The Executive

Kazakhstan and Czech Republic have presidential form of government. And I think they have a lot of similar articles. The President shall be the head of state, its highest official determining the main directions of the domestic and foreign policy of the state and representing state within the country and in international relations.

The Government shall implement the executive power of the Republic of Kazakhstan and Czech Republic, head the system of executive bodies and exercise supervision of their activity. The jurisdiction, the procedure of organization and activity of the Government shall be determined by constitutional law. The Government shall be formed by the President of the Republic according to the procedure stipulated by this Constitution. Suggestions about the structure and composition of the Government shall be submitted to the President of the Republic by the Prime Minister of the Republic.

Main differences are any citizen of Czech Republic who is eligible for election to the Senate may be elected President of the Republic. Nobody may be elected President of the Republic more than twice in succession. Generally in Kazakhstan, the President may not serve more than two consecutive terms (commencing with the first term since adoption of the Constitution in 1995). However, there is an exception with regard to the country's first President who may be elected for an unlimited number of terms. In 2010, a citizens' initiative was started in the city of Oskemen (formerly Ust-Kamenogorsk) calling for a referendum to extend the term of the first President by an additional eight years, from 2012 to 2020. Signatures were collected nationwide. And one more difference in Kazakhstan. We have Constitutional Council of the Republic of Kazakhstan, it shall consist of seven members whose powers shall last for six years. The ex-Presidents of the Republic shall have the right to be life-long members of the Constitutional Council. The Chairperson of the Constitutional Council shall be appointed by the President of the Republic, and in case the votes are equally divided, his vote shall be decisive.

The Judiciary constitution law article

Justice in the Republic of Kazakhstan shall be exercised only by the court. Judicial power shall be exercised through the constitutional, civil, administrative, criminal and other forms of judicial procedure as established by law. In cases, stipulated by law, criminal procedure shall be carried out with participation of jurymen. The courts of the Republic shall be the Supreme Court of the Republic and local courts of the Republic established by law. The judicial system of the Republic shall be established by the Constitution of the Republic and the constitutional law. The establishment of special and extraordinary courts under any name shall not be allowed. In Czech Republic Judicial power shall be exercised in the name of the Republic by independent courts. Judges shall be independent in the performance of their office. Nobody may jeopardize their impartiality. A judge may not be recalled or transferred to another court against his will; exceptions, ensuing in particular from disciplinary liability, shall be specified by law. In two states Courts shall consist of permanent judges whose independence shall be protected by the Constitution and law. A judge's powers may be terminated or suspended exclusively on the grounds established by law. The courts shall first and foremost provide in a manner defined by law protection of rights. A court alone shall decide about guilt and penalty for criminal offences in Kazakhstan court with juryman. Judges may be citizens of the Republic who have reached twenty-five years of age, have a higher juridical education, length of service of not less than two years in the legal profession and who have passed a qualification examination. Additional requirements to the judges of the courts of the Republic may be established by law.

Conclusion

Kazakhstan and Czech Republic as a multi-ethnic, secular, social and unitary state need time to perform democracy. Two states follow the same way with other former Soviet countries: strong state and strong administration. Both of States started to develop at the same time. Today they have a good state with good structure and constitution. Constitutions of these States show fundamental rights and freedoms of peoples and main structures of states. In this essay I tried to compare constitutions of two states. The Constitutions of both the Kazakhstan and Czech Republic have a lot of similarities and a little bit differences between them. Some of the same ideas that were in the Czech Republic constitution were carried over to some of the ideas that we use in our government today. It means that the constitution of Czech Republic has very good articles which protect citizens who live on this territory.

Sources

1. http://www.psp.cz/cgi-bin/ascii/docs/laws/constitution.html

2. http://www.akorda.kz/page.php? page_id=254&lang=3&article_id=117

3. almaty.info@bakermckenzie.com

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