Key Changes in the New Constitution
The new Constitution preserves the foundations of statehood but changes the architecture of power and strengthens citizens' rights. Key changes: transition to a unicameral parliament, introduction of the Vice President, expansion of digital rights, and strengthened mechanisms of popular oversight.
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1. SYSTEM OF POWER: From Bicameral Parliament to Kurultai
Before:
- Parliament = Senate (49 deputies) + Mazhilis (98 deputies)
- Coordination between two chambers
Now:
- Kurultai – unicameral supreme representative body
- 145 deputies (instead of 147 in two chambers)
- Proportional system at the national level (party lists)
- Expanded powers: from 13 to 23 constitutionally enshrined functions
Why:
- Optimizing the legislative process (one chamber – one process)
- Personal accountability of every deputy (transparent voting)
- Strengthening parliament's role in checks and balances
2. VICE PRESIDENT: A New Institution of Continuity
What is introduced:
- The position of Vice President of the Republic of Kazakhstan
How appointed:
- President appoints with the consent of Kurultai (institutional filter)
Functions:
- Coordinating government work on the President's behalf
- Participating in Government and Kurultai sessions
- In case of early termination of the President's powers, temporarily serves as acting President until new elections are held within 60 days
3. CITIZENS' RIGHTS: Digital Rights and Procedural Guarantees
a) Digital rights (new block):
- Right to personal data protection
- Privacy of digital communications (email, messengers)
- Right to be forgotten (deletion of information about oneself)
b) Rights upon detention:
- Detention without court: 72 → 48 hours
- "Miranda Rule" – right to be informed of your rights upon detention
- Mandatory right to a lawyer from the moment of detention
c) Presumption of innocence:
- Enshrined as a general constitutional principle (not just criminal proceedings)
d) Peaceful assemblies:
- Right to peaceful assemblies without weapons is guaranteed
4. POPULAR PARTICIPATION: Institutionalizing Dialogue
Kazakhstan People's Council (Khalyq Keñesi):
- Consultative-advisory body under the President
- Includes representatives of civil society, NGOs, experts, regions
- Discusses draft laws, development strategies, social issues
Strengthened right to petitions:
- Citizens can initiate draft laws (with a specified number of signatures)
- Mandatory consideration of petitions in Kurultai
5. WHAT DOES NOT CHANGE
Preserved:
- President – head of state, 7-year term, single term, party neutrality
- Presidential form of government – President forms the Government
- Unitary state – not a federation
- Popular sovereignty – citizens are the source of power
- Fundamental rights – freedom of speech, assembly, religion, property
"Before and After" Table
| Item | 1995 Constitution | 2026 Constitution |
|---|---|---|
| Parliament | Senate (49) + Mazhilis (98) | Kurultai (145) |
| Parliamentary powers | 13 functions | 23 functions |
| Vice President | No | Yes (with Kurultai consent) |
| Detention period | 72 hours | 48 hours |
| Digital rights | Not regulated | Data protection, communication privacy |
| People's Council | Informal status | Constitutional status |
| President | 7 years, single term | 7 years, single term (unchanged) |
Key facts
- Kurultai replaces Senate and Mazhilis – optimizing legislative process
- Vice President – continuity + institutional oversight
- Digital rights – data and privacy protection
- 48 hours instead of 72 – strengthened procedural guarantees
- People's Council – permanent dialogue institution