Why We Are Updating the Constitution
The 1995 Constitution laid the foundations of an independent state. But over 30 years, the economy, technology, public expectations, and governance institutions have changed. Updating the Constitution is not abandoning previous values but aligning the legal system with the reality of 2026.
What Changed in 30 Years
1. Digital Reality
In 1995, the internet was rare. Today, the digital space is part of everyday life. New challenges have emerged:
- Personal data protection
- Privacy of digital communications
- Right to be forgotten
- Cybersecurity
The previous Constitution did not regulate these issues – they simply did not exist.
2. Balance of Powers
The experience of a bicameral parliament showed that coordination between two chambers increased the time of the legislative process. The transition to the unicameral Kurultai:
- Optimizes the legislative process while maintaining representation
- Strengthens personal accountability of deputies (all decisions are transparent and personalized)
- Expands parliamentary powers (from 13 to 23 constitutional functions)
3. Citizen Participation
Public demand for involvement has grown. People want not just to "vote once every 5 years" but to participate in discussing laws, oversee the government, and influence decisions. The new Constitution institutionalizes these mechanisms:
- Kazakhstan People's Council (Khalyq Keñesi) – a permanent platform for dialogue
- Strengthened right to petitions and popular initiatives
- Transparent public oversight procedures
4. Legal Guarantees
Over 30 years, international human rights standards have evolved. The new Constitution establishes:
- "Miranda Rule" – the right to know your rights upon detention
- Reduction of detention without court from 72 to 48 hours
- Presumption of innocence as a general constitutional principle (not just criminal)
- Strengthened protection of honor and dignity
What Does NOT Change
It's important to understand: this is not a "new Constitution from scratch." This is an update of the existing one. Preserved:
- Presidential form of government – the President remains the head of state
- Unitary state – Kazakhstan is a single state, not a federation
- Popular sovereignty – citizens are the source of power
- Fundamental rights and freedoms – freedom of speech, assembly, religion, property
Why Now
Constitutional reform is the result of a systematic process:
- September 2025: The Head of State announced the need for parliamentary reform in his Address
- October 2025: Working Group created (130+ experts: lawyers, business, NGOs, parliamentary parties)
- October–February: Open discussion via e-Otinish and eGov portals (2,000+ proposals)
- February 2026: Constitutional Commission completed work, text published
- March 2026: The referendum took place on March 15, 2026 – 87.15% voted in favour.
→ Compare constitutions: 1995 vs 2026 · Full text of the Constitution
Key facts
- 30 years = new reality: digitalization, new rights, changed institutions
- Not rewriting but updating: core values preserved
- Open process: 2,000+ citizen proposals, 130+ experts, public sessions
- The decision is yours: the referendum took place on March 15, 2026