UN Journal Kayla Lee |   In the life of every nation, there comes a moment when incremental reforms are no longer sufficient and a comprehensive renewal becomes necessary. Today, Kazakhstan stands at such a historic juncture. The draft of the new Constitution represents not merely a set of amendments, but a systemic modernization of our state institutions. It reflects Kazakhstan’s transition from the formative period of independence to a stage of institutional maturity, stability, and balanced development.

 

 

President Kassym-Jomart Tokayev signed a decree on February 11, 2026, calling for a nationwide referendum on March 15, 2026, to adopt the new Constitution. If supported by citizens, the reform will initiate a political transition beginning July 1, including the conclusion of the current Parliament’s mandate and the launch of a new institutional framework. This process underscores the principle that constitutional authority ultimately derives from the will of the people.

 

The preparation of the draft Constitution was the result of an extensive and transparent process. A Constitutional Commission comprising 130 members representing all regions and social groups of Kazakhstan—including legal experts, members of Parliament, representatives of civil society, academia, and government—conducted a comprehensive review of constitutional provisions. The Commission examined proposals affecting 77 articles, or approximately 84 percent of the existing Constitution, which ultimately led to the decision to prepare an entirely new constitutional text.

 

Developed through twelve meetings and supported by a six-month parliamentary reform review process, the draft also incorporated proposals submitted by citizens and experts through the national eGov and e-Otinish portals. During the nationwide public discussion, approximately 10,000 responses and recommendations were received and carefully considered.

 

The final draft, consisting of 96 articles across 11 sections, was presented to the President by Elvira Azimova, Chairperson of the Constitutional Commission and the Constitutional Court. The text was subsequently published for public review ahead of the referendum, further reinforcing the openness and inclusiveness of the reform process.

 

During the first decades of independence, Kazakhstan focused on consolidating its sovereignty and building the foundations of statehood. The new constitutional reform strengthens that sovereignty through clearly defined institutional mechanisms. The draft clarifies the distribution of powers among state institutions, defines procedural safeguards, and enhances legal certainty. This evolution reinforces the rule of law and ensures that authority is exercised within transparent and predictable boundaries.

 

The reform represents a transition from a super-presidential governance model to a more balanced presidential republic with a strengthened and authoritative Parliament.

 

A unicameral Parliament — the Kurultai — consisting of 145 deputies elected through a proportional electoral system is proposed. Deputies will serve five-year terms, and the Kurultai will receive expanded oversight powers, including the ability to issue a vote of no confidence in the Government and to exercise enhanced scrutiny over ministerial performance. These institutional mechanisms are designed to strengthen checks and balances and increase the effectiveness and sustainability of the political system.

 

The presidential system is preserved, while new mechanisms of institutional balance are introduced. Key appointments to constitutional bodies—including the Vice President, Prime Minister, judges of the Constitutional Court, and members of the Central Election Commission and Higher Audit Chamber—will require parliamentary approval. This establishes shared responsibility between branches of power and enhances institutional accountability.

 

The introduction of the office of Vice President ensures continuity and stability in the event of an early termination of the presidential mandate. The order of constitutional succession will be clearly defined as Vice President, Chair of the Kurultai, and Prime Minister, thereby guaranteeing orderly governance and strengthening institutional resilience.

 

Particular attention is given to strengthening the Constitutional Court as an independent body of constitutional review. Citizens are granted the right to petition the Court directly, thereby enabling effective protection of constitutional rights.

 

The draft Constitution also significantly expands legal safeguards, including constitutional guarantees of fair trial principles, the presumption of innocence, prohibition of double jeopardy, and protection against unlawful evidence. Individuals must be informed of their rights at the moment of detention and are guaranteed immediate access to legal counsel.

 

At the same time, the draft Constitution adapts fundamental rights and freedoms to the realities of the digital era by guaranteeing the protection of personal data, banking confidentiality, and electronic communications. The Constitution explicitly recognizes the right to compensation for damages caused by unlawful actions of state bodies or officials and reinforces the independence of the Human Rights Commissioner.

 

The reform broadens public participation through the creation of a new institution — the People’s Council of Kazakhstan — a nationwide consultative body representing the interests of citizens. The Council will be able to submit draft laws to Parliament, initiate nationwide referendums, and provide recommendations on domestic policy, thereby creating an additional channel for civic engagement in policymaking and strengthening the representativeness of the political system.

 

The Constitution also establishes a legal framework for special economic regimes aimed at accelerating regional development while maintaining predictability and transparency for investors. In parallel, it integrates principles of sustainable development into constitutional norms, emphasizing environmental responsibility and the duty of citizens to protect nature.

 

Beyond institutional reforms, the draft Constitution defines the core values guiding Kazakhstan’s future development. Human rights and freedoms are placed at the center of the constitutional framework and, for the first time, are explicitly declared in the Preamble as the highest priority of the state. The Constitution reaffirms sovereignty, territorial integrity, unity and interethnic harmony as fundamental principles of statehood.

 

The document also establishes strategic priorities for human-centered development, recognizing education, science, culture, and innovation as key drivers of Kazakhstan’s long-term progress. Support for national culture and the preservation of historical and cultural heritage are likewise enshrined at the constitutional level.

 

The secular character of the state is unequivocally reaffirmed, ensuring freedom of conscience while safeguarding constitutional order and public stability. The Constitution clearly separates religion from state institutions and affirms the secular nature of education and governance.

 

The new Constitution will be adopted exclusively through a nationwide referendum following preliminary review by the Constitutional Court. The day of adoption will be declared a national holiday, symbolizing the historic significance of the constitutional transformation.

 

Thus, Kazakhstan is entering a new stage of development characterized by institutional stability, legal clarity, and systemic responsibility. For our international partners, including the Republic of Korea, this reform signifies predictability, strengthened rule of law, and openness to long-term cooperation. The new Constitution is not only a legal document; it is a strategic investment in Kazakhstan’s sustainable and modern future.