
92 93
For the fi rst time in Kazakhstan’s history political parties and
movements gained access to the real levers of power and the pos-
sibility of infl uencing government policies.
The new Supreme Soviet, elected in March 1994, was more
professional and started its work by hearing many urgent laws.
However, the imperfection of the Code On Elections, the continuing
debate about many provisions of the constitution, the sluggishness
of the Supreme Soviet in adopting necessary market laws created a
deadlock in the political and economic sphere. It was precisely this
reason that Kazakhstan’s national currency, the tenge, collapsed at
the beginning of 1994.
The events that took place in March 1995 had considerable infl u-
ence on the political situation in the country.
On 6 March 1995 the Constitutional Court of the Republic of
Kazakhstan issued a ruling on a lawsuit brought by the former parlia-
mentary candidate, Tatyana Kvyatkovskaya, who cast doubts on the
constitutionality of certain actions in the organising and holding of
the election to the Supreme Soviet. By this ruling the Constitutional
Court found the March 1994 parliamentary election and the powers
of deputies illegitimate.
As a result, in line with the Constitutional Court’s ruling, the
Supreme Soviet ceased to exist. The ruling stated: “not only did the
methodology of the vote count, adopted by the Central Election Com-
mission, lead to widespread violations of the constitutional principle
of ‘one voter – one vote’, but it also distorted the election results, and,
in essence, changed the election system established by the Code On
Elections. By this the Central Election Commission violated Article
60 of the constitution, exceeding its powers.” [10]
Thus, the second composition of the Supreme Soviet was found il-
legitimate and the unconstitutionality of parliament’s powers meant the
unconstitutionality of the government’s powers. As a consequence, as
well as the members of the Supreme Soviet, government members had
to resign. The parliamentary crisis grew into a constitutional one.
In this situation the entire responsibility for the future develop-
ment of Kazakhstan fell onto President Nursultan Nazarbayev. In
that period his work was more intense than it had ever been. In the
absence of parliament the head of state signed 511 decrees, includ-
ing 132 that had the force of law, to revive the economy through
the creation of a new and suffi cient legislative basis. He went on
to issue laws that were vital to continue the reforms – the Laws
On Land, On Oil, On the National Bank, On the Parliament of the
Republic of Kazakhstan and the Status of Its Deputies, On Excises,
On Bankruptcy and so on [11].
Two years later in December 1995 the fi rst bicameral Parliament of
the Republic of Kazakhstan was established: the election of members
of the Senate, parliament’s upper chamber, was held on 5 December,
and the election of members of the Mazhilis, the lower chamber, was
held on 9 December.
In accordance with the Constitution of the Republic of Kazakh-
stan, adopted by a referendum on 30 August 1995, the Parliament of
the Republic of Kazakhstan is the supreme legislative body of the
country.
The Law On Elections in the Republic of Kazakhstan set different
procedures for the election of members of the Senate and members
of the Mazhilis. Senators were elected by regional legislatures (two
senators from each region) with a two-year cycle of election of half
of the senators, while members of the Mazhilis were elected in a
direct election in single-seat constituencies for four years. According
to the Law On the Parliament of the Republic of Kazakhstan and the
Status of Its Deputies, 15 deputies of the Senate are appointed by the
country’s president with account of the need to ensure the representa-
tion of national cultural and other signifi cant interests of society in the
Senate and nine deputies of the Mazhilis are elected by the Assembly
of Kazakhstan’s People.
According to the architects of the constitutional reform, the Senate
was appointed to represent the interests of regions and limit excessive
radicalism by the Mazhilis, while regions received the opportunity
of comprehensive discussion and weighted decision of their main
problems through the senators. This has, to some extent, integrated
the lawmaking initiatives of each region of the country.
In addition, the election of half of the senators every two years
makes the parliamentary system very fl exible, because the relatively
Kazakhstan today
Chapter 2. Domestic Policy