10. The rk as a secular, legal, social, democratic state

Article 1

1. The Republic of Kazakhstan proclaims itself a democratic, secular, legal and social state whose highest values are an individual, his life, rights and freedoms.

The democratic character of the state is determined by Kazakhstan in constitutional principles. One of the fundamental principles of the organization of the state is an elected head of state, members of the Parliament, local representative bodies. Another fundamental principle of a democratic state is the solution of the most important issues of state by democratic methods. These include, in particular, the conduct of the referendum, the voting procedure in Parliament.One of the most important principles of the democratic organization of the state is the principle of separation of powers. The Constitution of the Republic of Kazakhstan has established that the state power in the Republic is based on the Constitution and laws in accordance with the principle of the separation of legislative, executive and judicial branches, using a system of checks and balances. The system of checks and balances aims to state authorities, exercising their powers could not rely on the impunity of officials for their violation of the usurpation of authority.

Secular state considers the religious organizations working at the territory of the republic as the public organizations separated from it. Structures of religious associations don't carry out any state functions, and all operating structures of the state shouldn't interfere with affairs of religious associations if they don't contradict the legislation. means:

– a neutrality of the state in relation to any religion;

– its independence of any religion, as well as independence of religion of the state;

– a freedom of worship and religions, freedom to study and criticize religion;

– lack of any official religion and, as a result, the right of each individual to practise any religion at the choice or not to profess any;

– character of public school, free from any religion / faith.

Essence of the legal state — in character of laws, their compliance to the legal nature of things, an orientation on providing the sovereignty of the personality.

The legal state — this democratic state where the rule of law is provided, rule of law, equality of all before the law and independent court where the rights and freedoms of the person admit and guaranteed and where the principle of divisions of the legislative, executive and judicial authorities is the basis for the organization of the government.

Social state. It is the democratic state serving to interests of society, providing social orientation of development of market economy, pursuing the active, strong and effective social policy directed on realization of principles of social justice, social security, social partnership and social solidarity of members of society, on increase or stable providing a standard of living of the population, protection and implementation of the rights and freedoms of citizens, creation of modern health systems, education and social security, maintenance of poor and needy social groups, on prevention and permission of the social conflicts. This means that the state does not give advantages to one group at the expense of discrimination against other groups. The state should take care of all segments of the population according to their social status.