(10 March 2026 | Source: draft of the new Constitution of the Republic of Kazakhstan)
In the draft of the new Constitution of Kazakhstan, environmental responsibility is enshrined as a direct duty of citizens. Article 37 establishes the principle: the preservation of nature becomes not only a societal requirement but also a constitutional norm, binding on citizens, businesses, and the state.
WHY ENVIRONMENTAL PROTECTION IS BEING ENSHRINED IN THE CONSTITUTION
Ordinary laws can change under the influence of economic or political circumstances. Constitutional norms have a different status: they set the direction for the entire legal system of the country.
So long as environmental issues were regulated primarily by sectoral legislation, they could be revised or postponed. Enshrining the principle of nature protection at the constitutional level means that environmental interests receive protection at the level of the state's fundamental values.
This implies the direct effect of the norm: all subsequent laws and decisions of government authorities must comply with the enshrined principle of environmental protection.
WHAT DUTIES AND GUARANTEES THE ARTICLE ENSHRINES
The proposed Article 37 contains three key provisions.
Firstly, it establishes the duty of citizens of the Republic of Kazakhstan to preserve nature and treat natural resources with care.
Secondly, the state declares as its goal ensuring an environment favourable to human life and health.
Thirdly, liability of officials is provided for concealing facts and circumstances that may pose a threat to human life or the environment.
WHEN A DECISION ON THE NEW CONSTITUTION WILL BE MADE
The citizens of Kazakhstan must make the decision on adopting the new Constitution at a referendum on 15 March 2026. Work on the draft of the fundamental law took about six months, after which the document was published on the official website of the Constitutional Court.