What changes
| Now (1995 Constitution) | 2026 Constitution | |
|---|---|---|
| Priority | International treaties rank above the laws of Kazakhstan | Treaties and laws are at the same level |
| Constitution | Above everything | Above everything (unchanged) |
| Conflict | Law contradicts treaty → treaty applies | Law contradicts treaty → court resolves on the basis of both |
Why automatic priority is removed
- Sovereignty: the state should not automatically place external norms above its own laws
- International practice: the US, UK, and Russia (since 2020) do not recognise the automatic priority of international treaties – this is a sovereign choice
- Balance: Kazakhstan will continue to honour its commitments, but through harmonisation rather than automatic priority
What does NOT change
- Kazakhstan does not leave international organisations
- Existing treaties remain in force
- New treaties will continue to be ratified
- The Constitution remains the supreme legal act
Practical consequence
If a ratified treaty conflicts with a new law, a court will consider both documents. The final arbiter is the Constitution. Previously, a court automatically applied the treaty. Now it weighs both.
This is not isolation
Kazakhstan is a member of the UN, OSCE, SCO, EAEU, and dozens of other organisations. Membership continues. Only the mechanism of automatic priority – which placed any treaty above any law without distinction – is removed.