The draft of the new Constitution of Kazakhstan is not just a set of editorial amendments, but an important conceptual renewal of the entire state system. It reflects a transition to a new social contract, strengthens the values underlying the state, and regulates the redistribution of powers among key institutions of authority.
Value-based preamble: philosophy of law and order
The updated preamble enshrines national values, historical continuity of Kazakh statehood, and connection with the traditions of the Great Steppe. Special attention is given to the unitary nature of the state, the inviolability of borders, and territorial integrity.
For the first time at the constitutional level, the benchmarks "Fair Kazakhstan" and the principle "Law and Order" are introduced. The priority of human rights and freedoms is emphasized, along with a focus on interethnic and interfaith harmony, as well as the development of education, science, and innovation, and environmental protection.
Thus, the new Constitution lays down not only legal norms but also the value framework of society. While the previous version reflected the process of establishing an independent state, the new version represents the position of a mature and stable Kazakhstan, oriented towards the future.
Section I. Foundations of the constitutional order
The section "General Provisions" has been renamed to "Foundations of the Constitutional Order," emphasizing its key significance.
The form of government is clarified — it is a presidential republic, which establishes the model of "Strong President – influential Kurultai – accountable Government."
The people are now designated not only as the source of state power but also as the sole bearer of sovereignty. This fundamentally changes the logic of the constitutional order: state bodies do not possess their own sovereignty but merely exercise delegated powers.
The concept of "national referendum" has been introduced, highlighting the unity of the people as the decision-making subject.
The principle of no retroactive effect of laws that worsen the situation of citizens or increase their liability is enshrined.
The secular nature of the state and the separation of religion and public authority are clarified, and the requirements for the use of property in the interests of society are specified, taking into account environmental standards.
Section II. Fundamental rights, freedoms, and duties
This section has undergone significant changes and unites rights, freedoms, and duties into a single system.
The following rights are enshrined:
• right to life;
• extended guarantees of personal freedom and presumption of innocence;
• enhanced protection of privacy, bank secrecy, and digital communications;
• right to compensation for damage caused by illegal actions of state bodies;
• right to work (instead of the wording "freedom of labor");
• inviolability of the home;
• voluntary and equal union of a man and a woman as the definition of marriage.
Norms regarding citizenship are clarified — dual or multiple citizenship is prohibited, and its presence is grounds for termination of citizenship of Kazakhstan.
The ecological duty of citizens to preserve nature is enshrined.
Conditions for the implementation of passive voting rights are also defined: individuals with unexpunged criminal records, recognized as incapacitated, or guilty of corruption crimes cannot be elected.
Section III. President
Considering the single term of office, the provision on extraordinary elections has been excluded. New deadlines for presidential elections are established — 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, appointed by the President with the consent of the Kurultai. In the event of the early termination of the President's powers, the Vice-President assumes 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 mandate.
The President appoints judges of the Constitutional Court, members of the Central Election Commission, and the Supreme Audit Chamber with the consent of the Kurultai. In case of repeated refusal by the Kurultai to grant consent, the possibility of its dissolution is provided as a last resort.
Section IV. Kurultai
The Parliament is now referred to as the Kurultai and becomes a unicameral body of 145 deputies.
Deputies are elected by a proportional system in a single nationwide district, which strengthens the party system and promotes political competition.
The Kurultai gives consent to key appointments, elects judges of the Supreme Court upon the President's proposal, and can initiate legislative changes.
Section VI. Kazakhstan People's Council
A new advisory body is established in the new Constitution — the Kazakhstan People's Council.
This body develops recommendations on domestic policy, strengthens public consensus, and can submit draft laws to the Kurultai, as well as initiate a national referendum.
Constitutional Court
The status of the Constitutional Court is defined as an independent body of constitutional control.
The Court receives the following rights:
• to give an opinion on the voluntary resignation of the President;
• to check the implementation of decisions of international organizations for compliance with the Constitution;
• to determine the legal consequences of its decisions.
Judges are appointed by the President with the consent of the Kurultai.
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 important element of the justice system.
Similar term limits are introduced for the Attorney 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. The possibility of changing through parliamentary procedure is excluded.
The right to initiate a referendum is also granted to members of the Kazakhstan People's Council.
Transitional provisions
The new Constitution comes into force on July 1, 2026. Deadlines are established for the termination of the powers of the current Parliament, the formation of the Kurultai, the appointment of the Vice-President, and the renewal of key state bodies.
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The draft of the new Constitution represents a model of a state that combines strong presidential power, institutional balance, expanded guarantees of human rights, and emphasis on values, sovereignty, and sustainable development. This document reflects the transition from the stage of establishing independence to the stage of a mature, responsible, and future-oriented Kazakhstan.
