I Want to Start a Business — What Does the Constitution Guarantee

The Constitution protects property rights and freedom of enterprise. The state is obliged to create conditions for business and cannot arbitrarily confiscate property. Disputes are resolved in court.

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Constitutional Guarantees for Entrepreneurs

The Constitution of Kazakhstan enshrines a number of fundamental rights important for doing business.

Freedom of Entrepreneurial Activity

  • Every citizen has the right to freely use their property and abilities for entrepreneurial activity.
  • The state guarantees freedom of entrepreneurial activity and protection of competition.
  • Monopolistic activity and unfair competition are prohibited.

Right to Property

  • The right to property is guaranteed by the Constitution. The state cannot arbitrarily deprive you of your property.
  • Forced alienation of property for state needs is permitted only by court decision and only on condition of equivalent compensation.

New 2026 Constitution: What Improved for Business

  • Extended protection of digital assets — commercial secrets in electronic systems now have constitutional protection.
  • Enhanced protection of clients' personal data — your business is responsible for storing it properly.
  • Direct application to the Constitutional Court — if a legal provision violates your right to entrepreneurial activity, from July 1, 2026 you may challenge it directly.

Where to Turn in Case of Violations

  • Court — the main venue for resolving disputes.
  • National Chamber of Entrepreneurs "Atameken" — business rights protection.
  • Business Ombudsman — reviews complaints against state body actions.
  • Antimonopoly Agency — if competition is violated.
  • Constitutional Court (from July 1, 2026) — direct protection of constitutional rights.

Key facts

  • Freedom of enterprise and property rights are constitutional guarantees
  • The state cannot arbitrarily confiscate property: only through court with compensation
  • Monopolistic activity is prohibited by the Constitution
  • Business Ombudsman and Atameken protect entrepreneurs' rights
  • From July 1, 2026: direct application to the Constitutional Court on business matters
Related questions

How the Constitution Protects the Right to Education and Health

Free secondary education is compulsory for all. The Guaranteed Volume of Free Medical Care (GVFMC) is provided free of charge. The 2026 Constitution adds: the secular character of education becomes a constitutional norm (religious propaganda in schools is unconstitutional); and environmental protection and health are linked at the constitutional level.

When the New Constitution Enters Into Force

1 July 2026 – following the referendum of 15 March 2026, at which citizens voted 'Yes'. Until then, the 1995 Constitution remained in force. The transitional period (16 March – 30 June): all institutions continue operating, constitutional laws are drafted, and elections to the Kurultai are prepared.

How the Relationship Between International Treaties and National Laws Will Change

Previously, ratified international treaties took precedence over Kazakhstan's laws. In future, treaties and laws will be on the same level, with the Constitution above everything. Kazakhstan is not leaving international organisations, but the automatic priority of external norms over domestic law is removed. The same approach is used by the US, UK, and Russia (since 2020).

What the New Constitution Changes for an Ordinary Person

Constitutional change does not usually transform daily life overnight, but it can significantly affect how rights are protected, how public authority is exercised, how local participation works, and how the state interacts with citizens over time.