New Constitution of Kazakhstan: From Institutional Model to Value-Based State

Ирина Орлонская In the world
VK X OK WhatsApp Telegram
New Constitution of Kazakhstan: from institutional model to value-based state

A project for an updated Constitution has been presented in Kazakhstan, which includes not only editorial corrections but also radical changes in the structure of state governance. This document symbolizes a transition to a new social contract, strengthens the value foundation of the country, and redistributes powers among the main state institutions.

Value preamble: the foundation of law and order

The new preamble enshrines key national values, historical continuity, and connection with the traditions of the Kazakh people. A clear emphasis is placed on the unitariness of the state, the inviolability of borders, and territorial integrity.

For the first time at the constitutional level, principles such as "Fair Kazakhstan" and "Law and Order" are enshrined. The priority of human rights and freedoms is confirmed, with special attention given to interethnic and interfaith harmony, as well as issues of education, science, and ecology.

Thus, the new Constitution not only establishes legal norms but also forms value guidelines for society. While the previous version reflected the emergence of an independent state, the new one emphasizes the maturity and resilience of Kazakhstan, aimed at the future.

Section I. Foundations of the constitutional order

The section formerly known as "General Provisions" is now called "Foundations of the Constitutional Order," highlighting its key significance.

The form of government has been clarified: it is a presidential republic, which denotes the model "Strong President – influential Kuruletai – accountable Government."

It is stated that the people are not only the source of power but also the sole bearer of sovereignty, which significantly enhances the logic of the constitutional order: state bodies act within the framework of delegated powers, lacking their own sovereignty.

The concept of a "national referendum" has been introduced, emphasizing the unity of the people as the decision-making subject.

The principle that laws should not have retroactive effect that worsens the position of citizens is clearly stated.

The secular nature of the state and the separation of religion and power have also been clarified, with added requirements for the use of property in consideration of societal and ecological interests.

Section II. Fundamental rights, freedoms, and duties

This section has been significantly revised and now unites rights, freedoms, and duties into a single system.

The following are enshrined:

• the inalienable right to life;

• enhanced guarantees of personal freedom and the presumption of innocence;

• strengthened protection of private life, banking secrecy, and digital communications;

• the right to compensation for damage caused by the actions of state bodies;

• the right to work (instead of the wording "freedom of labor");

• inviolability of the home;

• marriage is defined as a voluntary and equal union of a man and a woman.

Provisions regarding citizenship have been clarified: dual or multiple citizenship is now prohibited, and its existence leads to the termination of Kazakh citizenship.

Citizens are obliged to care for nature.

Conditions for the realization of passive electoral rights have been established: individuals with unexpunged criminal records or recognized as incapacitated cannot be elected.

Section III. President

Considering the single term of office, the provision on extraordinary elections has been excluded, and the timing of elections has been changed — they must be held no later than two months before the end of the term.

The institution of Vice-President is introduced for the first time, who is appointed by the President with the approval of the Kuruletai. In the event of the early termination of the President's powers, the Vice-President will perform his duties.

The right of the President to voluntarily resign through an appeal to the Constitutional Court is enshrined, emphasizing the service nature of his powers.

The President also appoints judges of the Constitutional Court and members of the Central Election Commission with the consent of the Kuruletai. In the event of repeated refusal of consent by the Kuruletai, the possibility of its dissolution is provided.

Section IV. Kuruletai

The Parliament has been renamed Kuruletai and now consists of 145 deputies in a unicameral format.

Deputies are elected by a proportional system in a single nationwide district, which strengthens the party system and promotes political competition.

The Kuruletai consents to key appointments and elects judges of the Supreme Court on the proposal of the President, and can also initiate legislative changes.

Section VI. Kazakhstan People's Council

A new advisory body is created in the new Constitution — the Kazakhstan People's Council.

It will develop recommendations on domestic policy, strengthen public consensus, and will be able to submit bills to the Kuruletai, as well as initiate a national referendum.

Constitutional Court

The status of the Constitutional Court as an independent body of constitutional control is now enshrined.

The Court is granted the right to:

• give an opinion on the voluntary resignation of the President;

• check the compliance of decisions of international organizations with the Constitution;

• determine the legal consequences of its decisions.

Judges are appointed by the President with the consent of the Kuruletai.

Justice and human rights mechanisms

Restrictions on the reappointment of the Chairman of the Supreme Court are introduced.

The institution of advocacy is enshrined at the constitutional level for the first time as an element of the justice system.

Similar term limits are introduced for the Prosecutor General and the Ombudsman.

Amendment of the Constitution — only through a referendum

Amendments can only be made through a national referendum at the decision of the President, with the parliamentary procedure excluded.

The right to initiate a referendum is also granted to the Kazakhstan People's Council.

Transitional provisions

The new Constitution comes into force on July 1, 2026. Timelines are provided for the completion of the powers of the current Parliament, the formation of the Kuruletai, the appointment of the Vice-President, and the renewal of key state bodies.

***

The draft of the new Constitution creates a model of the state where strong presidential power, institutional balance, expanded guarantees of human rights, and an emphasis on values, sovereignty, and sustainable development are combined. It reflects the transition from the initial stage of independence to a mature, responsible, and future-oriented Kazakhstan.
VK X OK WhatsApp Telegram

Read also: