What the Constitution Says About Property and Business

The Constitution guarantees private property and freedom of enterprise. Seizure of property is permitted only by court order and with equivalent compensation at market value. The ban on selling land to foreigners is retained. The 2026 Constitution adds environmental obligations for business at the constitutional level.

Practical 1 min read 📄
0:00

Property

  • Private property is guaranteed and protected
  • Seizure – only by court order with equivalent compensation at market value
  • Inheritance – a constitutional right
  • Confiscation without a court order is prohibited

Business

  • Free enterprise – a constitutional right
  • Monopolism is restricted by law
  • Unfair competition is prohibited
  • The state may not interfere in business arbitrarily

Land

  • Land may be privately owned – on terms established by law
  • Ban on selling land to foreigners – a constitutional provision (since 2022, retained)
  • Agricultural land – subject to a special regime

What is new in the 2026 Constitution

  • All existing guarantees are retained
  • Environmental obligations of business are strengthened at the constitutional level
  • Economic freedom is complemented by social responsibility

A practical example

The state decides to build a road through your plot:

  1. A court order is required – not an official's instruction
  2. You must be paid the market value of the plot
  3. You can challenge the amount of compensation in court
  4. If the expropriation law violates the Constitution – apply to the Constitutional Court

At every stage, you have the right to protection.

Key facts

  • Private property is guaranteed; seizure requires a court order and market-value compensation
  • Freedom of enterprise is a constitutional right
  • The ban on selling land to foreigners is retained (since 2022)
  • The 2026 Constitution strengthens environmental obligations of business at the constitutional level
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.