New Aspects of the Constitution of the Republic of Kazakhstan

On January 31, 2026, the draft of the new Constitution of Kazakhstan was officially published and submitted for public discussion. This initiative goes beyond mere amendments and represents, in effect, the creation of a new Basic Law, affecting 77 articles (approximately 84% of the text).

The key feature of the new Constitution is its strong emphasis on human rights. Human rights and freedoms are закреплены not only in the new preamble but are also established as a special priority and the core foundation of the Constitution.

The major changes and innovations in the new Constitution include:

1. One of the main reforms is the transition from the current bicameral system (the Mazhilis and the Senate) to a unicameral parliament.

2. A new section entitled the “People’s Council” is proposed to be introduced into the structure of public administration.

3. The chapter on human rights is renamed “Fundamental Rights, Freedoms and Duties.” It is planned to include the “Miranda rules,” enhanced protection of personal data in the digital age, and the enshrinement of the absolute right to life.

4. The draft confirms the continuation of the ban on the sale of land to foreigners.

5. Special attention is paid to the protection of the family, marriage, and children’s rights (a minimum requirement is introduced — one guardianship authority specialist per 5,000 children).

What are the expected projections and next steps of the new Constitution?

The final fate of the new Constitution will be decided by the people through a nationwide referendum. The reform fundamentally renews the legal foundation of government, placing emphasis on a “people-centered” approach and democratic development. The draft is already available for public discussion, and active public debate is expected in the near future.

The constitutional changes in Kazakhstan will bring a number of practical implications for the country’s citizens. The draft of the new Constitution of Kazakhstan, published on January 31, 2026, is oriented toward the concept of a “state for the people,” which includes:

1. Strengthening legal protection

2. Social guarantees and healthcare development

3. Participation in governance

4. The economic outlook for 2026

The draft of the Basic Law was developed following a comprehensive analysis of proposals from citizens, political parties, public organizations, and experts. Overall, the initial version of the new Constitution proposes a structure consisting of a preamble, 11 sections, and 95 articles.

The final decision on the new Constitution will be made by the country’s citizens through a nationwide referendum, clearly demonstrating the openness of democratic processes in Kazakhstan.

PhD, Aigul Abishkyzy Baimbetova
Senior Lecturer, Department of Management,
Higher School of Economics and Business,
Al-Farabi Kazakh National University.