Kazakhstan unveils draft of new constitution for nationwide referendum

By Park Sae-jin Posted : February 6, 2026, 14:27 Updated : February 6, 2026, 14:27
A session of Kazakhstans Constitutional Reform Commission is in progress Courtesy of the Embassy of Kazakhstan in the Republic of Korea
A session of Kazakhstan's Constitutional Reform Commission is in progress. Courtesy of the Embassy of Kazakhstan in the Republic of Korea

SEOUL, February 06 (AJP) - The Embassy of the Republic of Kazakhstan has released details regarding a new draft constitution that proposes a comprehensive transformation of the nation's political and legal framework. Initiated by President Kassym-Jomart Tokayev, the reform moves beyond simple amendments to establish a new governance model that will be finalized through a nationwide referendum.

The push for a new constitution follows a proposal made by President Kassym-Jomart Tokayev during his Address to the Nation on September 8, 2025. A 130-member Constitutional Commission, including legal experts, civil society representatives, and government officials, reviewed more than 2,000 public proposals submitted via digital platforms. Because the revisions affected 77 articles—roughly 84 percent of the existing document—the commission elected to draft an entirely new text to reflect the country's evolving political landscape.

At the core of the proposed changes is a fundamental restructuring of the legislative and executive branches. The draft establishes a unicameral parliament, known as the Kurultai, consisting of 145 deputies elected through a proportional representation system for five-year terms. This system is intended to strengthen the institutional development and accountability of political parties. Additionally, the reform introduces the position of vice president, who will represent the president in dealings with various domestic and international organizations.

Legal protections for citizens are significantly expanded under the new draft. It enshrines the Miranda rule and the presumption of innocence into the constitution while prohibiting the retroactive application of laws that impose new burdens on citizens. The document also introduces specific protections for the legal profession and intellectual property. In the digital sphere, the constitution for the first time addresses the protection of citizens' rights within the digital environment, reflecting a shift toward prioritizing human capital and innovation.

Social and values-based provisions are also clarified in the 95-article text. The draft reinforces the secular nature of the state by clearly separating religion from government and public education. It defines marriage as a voluntary and equal union between a man and a woman, a move framed as a measure to protect traditional values and strengthen the legal protection of women's rights. The preamble now identifies human rights and freedoms as the highest priority of the state, serving as the guiding principle for all subsequent articles.

The drafting process involved open broadcasts of commission meetings to maintain public transparency. While the new text marks a significant departure from the previous governance structure, the draft acknowledges the role of the existing constitution in the history and state-building of Kazakhstan.

Public consultation remains open through the e-Otinish and eGov digital platforms. The Constitutional Commission is continuing its work to refine the draft before the document is put to a final vote by the citizens of Kazakhstan.

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