Protection of Intellectual Property and Freedom of Creativity

The provision enshrined in Article 23 of the draft new Constitution of the Republic of Kazakhstan generally reflects modern democratic standards and international approaches to ensuring freedom of expression and information. A positive aspect of this article is its comprehensive nature, as it covers not only freedom of expression but also freedom of creativity, protection of intellectual property, as well as the right to receive and disseminate information.

The explicit prohibition of censorship deserves particular attention, as it serves as an important guarantee of the independence of the media, science, and the arts. This provision is of fundamental importance for the formation of an open society and for strengthening public trust in state institutions. The legal protection of intellectual property is also a well-founded measure that contributes to the development of innovation, science, and creative industries.

At the same time, the article provides for reasonable and socially justified limitations on freedom of expression. The prohibition of encroachments on personal honor and dignity, public health, and public morality corresponds to the principle of balancing individual rights with public interests. Similarly, restrictions related to the protection of national security, sovereignty, and territorial integrity are a standard practice in constitutional law.

However, for the practical implementation of this article, clarity and precision of wording are essential, particularly with regard to such concepts as “public morality,” “public order,” and “undermining national security.” Excessively broad interpretation of these terms may create risks of unjustified restrictions on freedom of expression. In this context, law enforcement practice and the independence of the judiciary will play a key role.

Overall, Article 23 establishes a solid constitutional foundation for the protection of freedom of expression in Kazakhstan, provided that it is applied in good faith and in a proportional manner.

Mukhamediev Bulat Mintaevich,

Research Professor, Department of Economics,

Higher School of Economics and Business,

Al-Farabi Kazakh National University.