18 May 2026 the Constitutional Court of the Republic of Kazakhstan adopted a regulatory resolution No. 79-NP concerning the pension provision of Kazakh citizens who have left to reside permanently abroad. The Court stated that residing outside the country alone cannot serve as a basis for refusing the appointment or terminating pension payments to Kazakh citizens.
WHY THE ISSUE AROSE
According to the Prosecutor General's Office, the reason for adopting the resolution was the consideration of a judicial dispute in which a question arose about the compliance with the Constitution of legal provisions allowing the refusal or termination of state basic pension payments and old-age pension payments due to a citizen's permanent residence outside the country.
The Court noted that such norms could restrict the implementation of citizens' constitutional right to social security in old age and lead to differences in the scope of rights depending on the place of residence.
WHAT POSITION THE CONSTITUTIONAL COURT TOOK
The constitutional oversight body indicated that the right to pension provision is guaranteed by the Constitution and cannot be limited solely on the grounds of a citizen residing abroad.
The Constitutional Court emphasised that citizens of Kazakhstan who have left to reside permanently in other countries retain their citizenship, and along with it, their constitutional rights and guarantees. In the Court's opinion, pension provision is primarily linked to reaching retirement age and fulfilling the conditions stipulated by law, and not to the place of residence.
WHO THE CLARIFICATION AFFECTS
The Court concluded that the requirement for permanent residence in Kazakhstan when appointing and receiving state basic pension payments and old-age pension payments does not apply to citizens of the Republic of Kazakhstan, provided other conditions established by law are met.
At the same time, it was clarified that leaving for permanent residence outside the country may entail the termination of pension payments for persons for whom the condition of permanent residence in Kazakhstan is mandatory. The materials indicate that such categories include foreign nationals and stateless persons, unless a different procedure is provided for by the laws of the Republic of Kazakhstan and international treaties.
WHAT DECISION WAS MADE
As a result of the review, the contested norms were recognised as consistent with the Constitution in their constitutional-legal interpretation.
The adopted regulatory resolution is aimed at protecting citizens' social rights, ensuring fairness, and preventing the restriction of the constitutional rights of Kazakhstanis living outside the country.