By Dr. Abdulrahim Ibrahim Abdulwahid
Dubai – Astana: The Republic of Kazakhstan recently revealed the first draft of a new constitution, marking one of the most significant milestones in the comprehensive political reform launched by President Kassym-Jomart Tokayev. This draft reflects the country’s transition from cumulative partial amendments to a near-complete rewriting of the state’s foundational law. The draft includes amendments affecting 77 articles, equivalent to approximately 84% of the current constitution, making it a true “constitutional re-foundation” in every sense of the term. H.E. Rawan Jumabek, Kazakhstan’s Ambassador to the United Arab Emirates, emphasized that the new constitution reflects the maturity of Kazakhstan’s reform experience and embodies the political leadership’s vision of building a modern state based on the rule of law and respecting the will of the people as the sole source of authority.
Affirming the Principle of Popular Sovereignty
The draft, issued on January 31, 2026, was prepared following six months of open discussions and broad consultations involving over two thousand citizens, experts, and institutions in a process described as transparent, with constitutional committee sessions broadcast publicly on digital platforms. The draft was officially presented during the committee’s sixth session and its final adoption will be determined through a nationwide referendum, reaffirming the principle of popular sovereignty as the sole source of authority.
The draft comprises a completely new preamble, 11 sections, and 95 articles, introducing unprecedented constitutional concepts and institutions. Human rights are enshrined as the supreme value of the state starting from the preamble, adopting a “human-centered” legal model that places the life, dignity, and rights of individuals at the core of the constitutional system, not merely as guiding principles. Expanded legal guarantees are included, covering the right to defense, intellectual property protection, presumption of innocence, and standards for fair trials.
Regarding governance structure, the draft proposes a unicameral parliament called the “Kurultai,” comprising 145 deputies elected through a fully proportional representation system, aimed at strengthening party life and clarifying political responsibility. It also introduces the position of Vice President and establishes a new consultative body, the “People’s Council,” with legislative initiative rights, reflecting an institutional approach toward expanding channels for societal dialogue and political participation.
Unchangeable Principles
As a regional precedent, the new constitution enshrines the protection of rights in the digital space, recognizing digital sovereignty and personal data protection as part of citizens’ individual sovereignty, in response to digital-era transformations. Simultaneously, the constitution emphasizes the state’s immutable principles, foremost among them sovereignty and independence, territorial integrity, the unitary nature of the state, the presidential republic system, a clear separation of religion and state, and secular education.
In foreign policy, the draft reaffirms Kazakhstan’s commitment to international law, peace and cooperation, non-interference in other states’ internal affairs, peaceful dispute resolution, and the application of international treaties in accordance with national laws. In this way, the new constitution lays the institutional and value-based framework that will determine Kazakhstan’s governance model and development path for decades to come, pending final approval by citizens through a national referendum.
President Tokayev highlighted that the constitutional reform will positively advance Kazakhstan’s development during meetings with Elvira Azimova, Chair of the Constitutional Committee, Deputy Chair – State Advisor Erlan Karin, and Committee Member – Presidential Legal Advisor Yerzan Jinbayev. Following the meeting, he praised the council’s role as a decisive step in the constitutional reform process and issued a decree establishing the Constitutional Council.
The Head of State reviewed the outcomes of the committee’s January 26 session. Azimova stated that, in the interest of transparency, all committee meetings are broadcast live via media channels, including a dedicated Telegram channel. She added that an extensive public discussion on constitutional reform had taken place over six months.
Meanwhile, the Constitutional Council received over two thousand proposals from citizens, legal researchers, experts, lawyers, political parties, NGOs, and professional and business organizations via electronic platforms. New drafts of the preamble and various constitutional articles and sections were developed and revised during previous council meetings.
Vision of Kazakhstan’s Ambassador in Abu Dhabi
H.E. Rowan Jumabek, Ambassador of the Republic of Kazakhstan to the UAE, stated that the draft reflects the maturity of Kazakhstan’s reform experience and embodies the political leadership’s vision of building a modern state based on the rule of law and respecting the will of the people as the sole source of authority.
He added that elevating human rights to the highest constitutional value from the preamble constitutes a qualitative shift in Kazakh constitutional thought and underscores the state’s commitment to a human-centered model that places individual dignity and fundamental freedoms at the heart of public policy and legislation.
Ambassador Jumabek noted that including digital rights protection and digital sovereignty in the constitutional text demonstrates Kazakhstan’s early awareness of digital-era challenges and reflects its commitment to following best international practices in data and privacy protection, enhancing citizen and investor confidence in the state’s legal environment.
He explained that institutional modernization through a unicameral parliament and a People’s Council with legislative initiative rights aims to strengthen political participation, reinforce societal dialogue, and develop decision-making processes in line with the aspirations and diversity of Kazakh society.
He concluded by emphasizing that submitting the new constitution to a national referendum reflects Kazakhstan’s deep commitment to participatory democracy and sends a clear message to the international community that political reforms in the country are based on transparency, respect for the will of the people, and building international partnerships grounded in stability, peace, and sustainable development.
The main structure of the new constitution
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.
