Kazakhstan proposes new legal regimes, rights guarantees in Constitution
At the 5th session of the Constitutional Commission, Minister of Justice Yerlan Sarsembayev presented key proposals for changes to the Supreme Law, emphasizing that the initiative represents a comprehensive upgrade of Kazakhstan's entire constitutional model, Qazinform News Agency reports.
According to the Minister, the proposed amendments entail introducing a special legal regime in certain areas to stimulate economic growth and improve the investment climate.
"Such a regime could apply to the financial sector or to an 'accelerated development city.' The former refers to the Astana International Financial Centre (AIFC), while the latter refers to Alatau City," Yerlan Sarsembayev clarified.
He also addressed the amendments related to legal aid. In particular, it is proposed to remove the words "free of charge" from the relevant article of the Constitution to avoid restricting its forms and mechanisms.
"The state compensates for guaranteed legal aid. However, the bar association and other members of the legal community may also provide such services independently at their own expense," the Minister noted.
Furthermore, Sarsembayev pointed out the excessive detail regarding detention periods without a court warrant in the new draft of the Constitution, reminding the Commission of existing judicial safeguards.
"The current Constitution already guarantees unconditional judicial protection and oversight against arbitrary detention, which must not exceed 72 hours," he stressed.
The Minister drew particular attention to the new version of Article 16-1, which aims to strengthen guarantees of civil rights. These include the principle of the presumption of innocence, the prohibition of double jeopardy (the act of trying a person twice for the same offense), and the exemption from the burden of proof (citizens are not required to prove their own innocence).
"As the supreme legal authority, the Constitution must, above all, enshrine fundamental human rights and freedoms and establish the guarantees for their protection," Yerlan Sarsembayev stated.
The Minister pointed out that the proposed changes affect over 80 percent of the current text, which essentially entails the adoption of a new edition of the Supreme Law.
"It is important to emphasize that it is not about piecemeal amendments, but rather an effort to rethink the entire architecture of the nation's foundational public-law act," he concluded.
As Qazinform previously reported, Dinara Zakiyeva, Children's Rights Ombudsman of Kazakhstan, supported the Constitution's provision on marriage and family at the 5th session of the Constitutional Commission