The Constitution defines the structure of power, enshrines citizens' rights and freedoms, and establishes the basic rules of society. Any law, decree, or resolution that contradicts the Constitution is invalid. The first Constitution of independent Kazakhstan was adopted in 1993, while the one in force until 2026 was adopted by referendum in 1995. The 2026 Constitution entrenches the transition to a unicameral Kurultai, new digital rights, the office of Vice President, and a renewed system of checks and balances.
Term reference
Glossary
Key terms with definitions, examples, and explanations.
Terms31
A referendum is a form of direct democracy in which citizens vote personally on issues of national importance. Adoption requires participation by more than 50% of voters, a majority voting "yes," and support in at least two thirds of the regions. Kazakhstan has held three nationwide referendums: the Constitution was adopted in 1995, amendments were approved in 2022, and on March 15, 2026 citizens adopted the new Constitution with 73.12% turnout and 87.15% support.
The Kurultai replaces the bicameral parliament (the Senate and Mazhilis), concentrating legislative power in a single institution. Under the 2026 Constitution it is a unicameral supreme representative body of 145 deputies elected for five years by proportional representation in a single nationwide constituency. The Kurultai approves key appointments, considers the budget, and exercises parliamentary oversight. The name "Kurultai" draws on the Turkic tradition of people's assemblies.
The President is the head of state and supreme commander-in-chief. Elected for 7 years without the right to re-election. The 2026 Constitution modernises the system of state governance – the President focuses on strategic national leadership, the vice presidency is introduced, parliamentary oversight is strengthened, and expands the role of the Constitutional Court.
The Vice President is a new institution in the system of supreme state power. It is appointed by the President with the consent of the Kurultai, carries out assignments from the head of state, and ensures continuity of power. If presidential powers terminate early, the Vice President is first in line to assume them, followed by the Chair of the Kurultai and the Prime Minister.
The Constitutional Court is an independent body of constitutional review, consisting of 11 judges. It reviews laws and acts for compliance with the Constitution. Under the 2026 Constitution, any citizen can file a complaint about a law that violates their constitutional rights – previously this was restricted. CC decisions are final and not subject to appeal.
The Government is the highest executive body of Kazakhstan. Headed by the Prime Minister and accountable to the Kurultai. It develops and executes the state budget, conducts economic, social, and personnel policy. Under the 2026 Constitution, parliamentary accountability is strengthened – the Kurultai can issue a vote of no confidence.
The Prosecutor's Office oversees the precise and uniform application of laws throughout the country. It initiates criminal cases, supports prosecution in court, and protects the interests of the state and citizens. Under the 2026 Constitution, its role in protecting citizens' rights is strengthened.
Maslikhats are elected by the population for 5 years and make decisions on local issues – regional budget, public services, social programs, transport, utilities. Under the 2026 Constitution, their powers are expanded – maslikhats gain the right to oversee local budgets and recall the akim for violations.
The Akim is the representative of executive power at the local level, heading the local administration. Since 2021, rural and village Akims have been directly elected by residents. The 2026 Constitution extends elections to the district level, strengthens accountability to maslikhats, and introduces a recall mechanism.
The Accounts Committee controls the execution of the state budget and the use of state resources. Accountable to the Kurultai. Under the 2026 Constitution, its powers and independence are strengthened – enhanced audit at deputies' request and public reporting.
Constitutional Reform is the process of amending the current Constitution. To amend Kazakhstan's Constitution, either a referendum or a qualified parliamentary majority (2/3 votes in each chamber) is required. The 2026 Constitution is a sweeping reform, providing for the transition to a unicameral parliament, the strengthening of citizens' rights, the vice-presidency, and the expansion of the powers of the Constitutional Court.
Separation of powers is a constitutional principle according to which no single body should concentrate all authority. In Kazakhstan, the 2026 Constitution strengthens this principle through an expanded parliamentary role, judicial independence, and the introduction of a system of checks and balances.
Human rights are a set of inalienable rights and freedoms that the state guarantees to every person. The 2026 Constitution clarifies several guarantees, including personal-data protection, secrecy of communications using digital technologies, environmental rights, and social guarantees. Children's rights are separately enshrined, and protection of socially vulnerable groups is strengthened.
Kazakhstan's judicial system includes: district (city) courts – courts of first instance; regional courts – appellate; Supreme Court – the highest judicial body. The Constitutional Court stands separately and handles constitutional review. Under the 2026 Constitution, judicial independence is strengthened, transparency is increased, and citizens' rights to judicial protection are expanded.
Kazakhstan's citizenship is granted by birth or through naturalisation. Kazakhstan does not recognise dual citizenship. Under the 2026 Constitution, the procedure for obtaining citizenship is simplified for ethnic Kazakhs (Oralman). Deprivation of citizenship is only possible on lawful grounds.
The state language of Kazakhstan is Kazakh. Russian is officially used alongside Kazakh in state organisations. Under the 2026 Constitution, the state's obligation to ensure the accessibility of the Kazakh language and expand its use in all spheres of life is enshrined.
Kazakhstan is a unitary state. Regions are governed within a single national constitutional system and do not have separate constitutions of their own. Unlike federations (for example, Russia or the United States), regions in Kazakhstan do not possess sovereignty. The 2026 Constitution preserves the unitary nature of the state while expanding local government powers.
Popular sovereignty is one of the fundamental principles of Kazakhstan's constitutional system. Power originates from the people and is exercised directly (via referendum) or through representatives (elected deputies). Under the 2026 Constitution, this principle is strengthened: direct democracy is extended and the accountability of power to citizens is reinforced.
Kazakhstan is a secular state. No religion has state status, and religious organisations are separated from state institutions. Citizens have freedom of religion. Under the 2026 Constitution, the principle of secularism is preserved, with protection of freedom of conscience for each citizen strengthened.
The rule of law is the principle that power may act only within the bounds of law, not arbitrarily. In Kazakhstan, the 2026 Constitution strengthens this principle through enhanced judicial independence, an expanded right of citizens to judicial protection, and increased parliamentary oversight of the executive branch.
Constitutional review is a system in which a special body (the Constitutional Court) checks whether laws comply with the Constitution. Under the 2026 Constitution, this mechanism is expanded – now any citizen has the right to appeal about a violation of their constitutional rights by a specific law.
Civil society is a system of institutions (NGOs, trade unions, media, parties) through which citizens participate in public life independently of the state. Under the 2026 Constitution, the role of civil society is strengthened – the right of citizens to petition is enshrined, the development of non-governmental organisations is supported, and freedoms of assembly and speech are expanded.
Electoral rights are the constitutional right of citizens to participate in forming bodies of power. Active right – the right to vote; passive – the right to stand for election. In Kazakhstan, under the 2026 Constitution, the accessibility of citizens' participation in elections is expanded, and new oversight mechanisms for the electoral process are introduced.
Local self-government is a form of organising power in which residents themselves resolve issues of local significance. Under the 2026 Constitution, Kazakhstan significantly expands local self-government – elective local keneses are introduced, higher-level akims may be elected by the population, and maslikhats acquire oversight powers.
The Ombudsman (Human Rights Commissioner) is an independent official who reviews citizens' complaints about state bodies' actions. Not a judicial body, but exerts significant influence through recommendations and public reports. In Kazakhstan, the institution of the Ombudsman has existed since 2002, and under the 2026 Constitution, its independence and powers are strengthened.
Amnesty is a legal act by which the state exempts certain categories of persons from criminal liability. Declared by the Kurultai. Distinction from pardon: a pardon is a Presidential act regarding a specific individual, amnesty is a parliamentary act regarding a whole category of persons. Does not imply rehabilitation of the convicted.
A pardon is a Presidential act by which a specific person is released from further serving their sentence or has their sentence reduced. Unlike amnesty, a pardon applies only to one person and is an act of the President, not parliament. In Kazakhstan, there is a Pardon Commission under the President which reviews petitions.
A state of emergency can be introduced by the President in cases of natural disasters, man-made catastrophes, or threats to state security. Introduction requires immediate notification of the Kurultai. Under the 2026 Constitution, parliamentary oversight of the use of a state of emergency is strengthened: the Kurultai has the right to cancel or limit its application.
Parliamentary oversight is a set of mechanisms through which parliament supervises the executive branch. Includes a vote of no confidence, parliamentary inquiries, and parliamentary investigations. Under the 2026 Constitution, the Kurultai gains significantly expanded oversight functions: the right to request information from state bodies, initiate parliamentary investigations, and reject laws.
Social rights are constitutionally enshrined rights of citizens to labour, education, healthcare, and social security. The Constitution sets baseline guarantees, while concrete support measures, housing programmes, digital services, and access procedures are defined by legislation and state programmes. Free secondary education is guaranteed; the scope of free medical care is defined by legislation.