Lawyer Tattuu Bububu Ergeshbaeva analyzes the presidential model, parliament, and potential constitutional risks
A project for a new Constitution has been presented in Kazakhstan, developed by the Constitutional Reform Commission taking into account the opinions of citizens, experts, and the results of public discussions. This document is viewed as an updated Fundamental Law aimed at strengthening statehood, enhancing the effectiveness of political institutions, and adapting the constitutional system to modern challenges, including digitalization and changes in the public authority system.
Tattuu Bububu Ergeshbaeva, a lawyer and founder of the Tandem Lawyers' Community, believes that the new draft Constitution largely consolidates a strong presidential model, emphasizing institutional stability and centralized accountability.
“The draft of the new Constitution clearly establishes a strong presidential model, where the central role of the President is combined with formal mechanisms for parliamentary participation and constitutional oversight. This, in turn, should improve the governance of the state and reduce institutional risks,” she notes.
Ergeshbaeva also emphasizes that the draft strengthens the state-legal structure by explicitly indicating the presidential form of governance and enshrining unchangeable constitutional values such as sovereignty, independence, unitarity, and territorial integrity.
“The secular nature of the state, the separation of religion and state, as well as a secular approach to education are more clearly and unequivocally enshrined. This strengthens the centralized approach to public administration and reduces the risks of ideological and institutional fluctuations,” says the expert.
Regarding the rights and freedoms of citizens, she notes that the general approach to the current constitutional model is maintained with the possibility of their restriction by law. In particular, this concerns the right to peaceful assembly and demonstrations.
“The risks are associated not only with the Constitution itself but also with subsequent regulation. An expansive interpretation of the grounds for restrictions may narrow the opportunities for the realization of political rights,” explains Ergeshbaeva.
She also pays attention to norms related to digital transformation. According to her, enshrining the right to personal data protection and privacy in the digital space at the constitutional level represents a new element of the Fundamental Law.
“These norms are of a framework nature and will require further detailing in legislation. Without clear constitutional guarantees of proportionality and effective judicial oversight, there is a risk of expansive application of digital restrictions under the pretext of national security and public order,” believes the lawyer.
Furthermore, Ergeshbaeva notes that the status of the President as a key figure of the executive branch remains unchanged, but their personal responsibility is strengthened. The introduction of the Vice President institution and clear mechanisms for the succession of power, in her opinion, is aimed at increasing the predictability and stability of the governance system.
Speaking about parliamentary reform, the lawyer emphasizes that the transition to a unicameral Kurultai represents one of the most significant institutional changes.
“Although the control functions of the parliament and the role of political parties are formally strengthened, the abolition of the Senate means a rejection of an independent institution of territorial representation. At the same time, the retention of final budgetary control over the President enhances the influence of the executive branch on the budget process,” she adds.
Ergeshbaeva also positively assesses the expansion of the powers of the Constitutional Court and access to constitutional justice.
“Strengthening the Constitutional Court creates additional elements of institutional balance and possible mechanisms of checks and balances that can limit deviations from constitutional principles,” explains the expert.
Comparing the changes in Kazakhstan with the experience of Kyrgyzstan, Ergeshbaeva mentions that after the adoption of the Constitution of the Kyrgyz Republic in 2021, the country also went through a stage of strengthening the presidential model of power and a large-scale inventory of legislation.
“This experience shows that such constitutional changes have long-term institutional consequences, especially in terms of redistributing powers and strengthening the role of the executive branch,” she concludes.
Overall, according to Tattuu Bububu Ergeshbaeva, the proposed draft of the new Constitution of the Republic of Kazakhstan, developed under the leadership of Kassym-Jomart Tokayev, reflects a strategic aspiration for the transformation of the political-legal space while maintaining institutional stability and state sovereignty.
