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).

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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.

Key facts

  • Previously: international treaties ranked above Kazakhstan's laws (Article 4(3) of the 1995 Constitution)
  • In future: treaties and laws are at the same level; the Constitution remains above everything
  • Kazakhstan does not leave international organisations; all treaties remain in force
  • The same approach: US, UK, Russia (since 2020)
Related questions

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When the New Constitution Enters Into Force

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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.