Overview
The Constitutional Court of the Republic of Kazakhstan has published the draft of a new Constitution on January 31, following an extensive constitutional reform process initiated by President Kassym-Jomart Tokayev.
The reform marks a transition from targeted amendments to a comprehensive constitutional transformation, reflecting changes across the political system, governance model, and the state’s value framework. The final decision on adopting the new Constitution will be taken by citizens through a nationwide referendum.
Background and Reform Process
The constitutional reform was launched following the President’s proposal, announced on 8 September 2025 in his annual Address to the Nation, to establish a unicameral Parliament as part of a broader political system reset.
A Working Group on parliamentary reform was formed in October 2025 and conducted a six-month review process, during which more than 2,000 proposals were received from citizens via the e-Otinish and eGov platforms.
In January 2026, a Constitutional Commission was established, comprising 130 members representing all regions and social groups, including members of the National Kurultai (Congress), legal experts, government officials, media representatives, maslikhats (local executive bodies) chairs, and civil society.
The Commission reviewed proposals affecting 77 articles – approximately 84% of the existing Constitution – leading to the decision to prepare an entirely new constitutional text.
All Commission meetings were open and publicly broadcast, with broad participation from legal professionals, human rights advocates, parliamentarians, political analysts, and academic experts.

Institutional and Political System Changes
Parliamentary System
Establishment of a unicameral Parliament (Kurultai) consisting of 145 deputies (members of Parliament).
Deputies elected under a proportional electoral system.
Five-year term of office.
Expanded parliamentary powers.
The proportional system is intended to strengthen political parties’ institutional development and accountability.
New Consultative Body
Creation of the People’s Council of Kazakhstan.
Highest nationwide consultative body.
Represents public interests.
Granted the right of legislative initiative.
Executive Branch
Introduction of the institution of Vice President.
The Vice President will act on behalf of the President in engagement with domestic and foreign socio-political, scientific, cultural, and educational organisations.
Rule of Law and Legal Guarantees
The draft Constitution significantly strengthens legal safeguards and procedural rights, including:
Explicit protection of the legal profession through a dedicated constitutional article on advocacy.
Enhanced protection of intellectual property.
Prohibition on retroactive application of laws that impose new obligations or worsen citizens’ legal position.
Constitutional reinforcement of the presumption of innocence.
Ban on double jeopardy.
Constitutional enshrinement of the “Miranda rule”.

Core Principles and Values
The draft Constitution consists of a Preamble, 11 sections, and 95 articles. It updates constitutional language, replaces outdated terminology, and reflects Kazakhstan’s evolving political system, social priorities, and international standing.
Key foundational values reaffirmed or newly enshrined include:
Human and Other Rights
The new Constitution places human rights and freedoms at the centre of the state’s constitutional framework. For the first time, they are declared in the Preamble as the highest priority of the state and form the guiding principle of the entire constitutional text.
Unity and solidarity, interethnic and interfaith harmony as the basis of statehood.
Sovereignty, independence, the unitary nature of the state, and territorial integrity as immutable values.
Justice, Law and Order, and responsible stewardship of nature, enshrined at constitutional level.
Recognition of the people of Kazakhstan as the sole source of state power and bearer of sovereignty.
Human-Centered Development and Strategic Orientation
The Constitution redefines the long-term development trajectory of the state by identifying education, science, culture, and innovation as central constitutional priorities.
This reflects a strategic shift toward human capital as the primary driver of national development, rather than reliance on natural resources.
Digital transformation is explicitly addressed. For the first time, constitutional protection of citizens’ rights in the digital environment is introduced.
Separation of State and Religion
The draft Constitution reinforces the secular nature of the state, clearly separating religion from government and affirming the secular character of education and upbringing.
Family and Social Provisions
Marriage is constitutionally defined as a voluntary and equal union between a man and a woman. This provision is framed as a measure to protect traditional values and strengthen the legal protection of women’s rights.
While introducing a fundamentally updated constitutional framework, the draft acknowledges the role of the existing Constitution in Kazakhstan’s state-building and historical development. The new text is positioned as an evolution, reflecting institutional maturity, accumulated international credibility, and a forward-looking governance model.
Next Steps
Public consultation on the draft Constitution continues via the e-Otinish and eGov platforms.
The final decision on adoption will be made through a nationwide referendum.
The Constitutional Commission continues its work to refine the draft ahead of the public vote.