(2 February 2026 | Source: Constitutional Court of the Republic of Kazakhstan)
In Kazakhstan, a public discussion has begun on the draft of the new Constitution, prepared on the initiative of President Kassym-Jomart Tokayev. This is not about point amendments, but effectively a new fundamental law. Below is an overview of the key changes laid out in the draft.
FROM AMENDMENTS TO A NEW CONSTITUTION
Work on the document has been ongoing for around six months. The draft has been published on the official website of the Constitutional Court.
As part of the activities of the working group and Constitutional Commission, proposals affecting 77 articles of the current Constitution were considered, constituting 84% of its text. Following the discussions, it was decided to prepare a draft of a new version of the fundamental law, rather than a limited package of changes. The draft includes a Preamble, 11 sections, and 95 articles.
MAN AS THE HIGHEST VALUE OF THE STATE
In the new Preamble, human rights and freedoms are, for the first time, directly proclaimed as the state's primary priority. Unity and solidarity, inter-ethnic and interfaith harmony are enshrined as the foundation of statehood.
Sovereignty, independence, unitary status and territorial integrity are classified as immutable values, while the principles of justice, law and order, as well as respect for nature, are enshrined at the constitutional level for the first time.
EDUCATION, TECHNOLOGY AND DIGITAL RIGHTS
The draft Constitution shifts the country's development priorities towards education, science, culture and innovation, designating human capital as the key resource for the future. For the first time, the fundamental law includes a provision on the protection of citizens' rights in the digital environment, including the use of digital technologies.
STRENGTHENING LEGAL GUARANTEES
A significant part of the changes concerns the rights and freedoms of citizens. The draft includes:
- for the first time, a separate article on the bar and advocacy activities;
- enshrinement of protection of intellectual property;
- strengthened procedural guarantees, including a prohibition on giving laws retroactive effect that worsens the position of citizens;
- confirmation of the presumption of innocence and the prohibition of double jeopardy for the same offence;
- the so-called ‘Miranda rule’ is fixed at the constitutional level — the obligation to explain rights upon detention.
SECULAR CHARACTER AND SOCIAL NORMS
The draft confirms a clear distinction between religion and the state, and the system of education and upbringing is defined as secular. A provision is also introduced stating that marriage is a voluntary and equal union of a man and a woman.
NEW ARCHITECTURE OF POWER
One of the key institutional changes is the transition from a bicameral parliament to a unicameral Kurultai. The new supreme representative body will consist of 145 deputies, be elected under a proportional system for a term of five years and have expanded powers.
In addition, the Qazaqstannyң Khalyq Keңesi (People's Council of Kazakhstan) will be created — a supreme advisory body with the right of legislative initiative, and the institution of vice-president will be introduced, who will represent the head of state and interact with socio-political, scientific and cultural organisations within the country and abroad.
WHAT'S NEXT
The collection of proposals on the draft continues via the e-Otinish and eGov portals. The final decision on adopting the new Constitution of the Republic of Kazakhstan will be put to a nationwide referendum.