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Constitution

Six Months to Rewrite the State: Kazakhstan Accelerates Its Constitutional Reset

Speaking on September 8, 2025, in his Address to the People of Kazakhstan in Parliament, President Kassym-Jomart Tokayev outlined plans for new political reforms. At the time, nothing in his remarks suggested either the scale of the changes his initiative would entail or the speed with which they would be implemented. Yet on March 15 of this year, Kazakh citizens will vote in a referendum on a new draft Constitution, developed at high speed over roughly six months, including a period of state-organized public consultations and expert review. According to materials published on the Constitutional Court’s page on the state portal, where the final version of the draft Basic Law was published, the starting point for constitutional reform was Tokayev’s proposal to create a unicameral Parliament. The president announced the idea on September 8, 2025. A month later, on October 8, an order was signed establishing a working group on parliamentary reform. Over the following months, the group reviewed more than 2,000 proposals from citizens and experts. At the fifth session of the National Kurultai in January 2026, Tokayev summarized the proposals on parliamentary reform, the scope of which had already expanded beyond restructuring Parliament to revising the Constitution as a whole. On January 21, a Constitutional Commission was established, comprising 130 members, including representatives of the National Kurultai, legal experts, officials from central government agencies, media executives, chairpersons of maslikhats, members of regional public councils, and academics. The first draft of the Basic Law was published on January 31. On February 11, a “referendum” version of the draft was presented to the president, incorporating comments received, including his own. Tokayev had outlined his remarks the previous day during an expanded government meeting. The question to be put to voters in March is: “Do you accept the new Constitution of the Republic of Kazakhstan, the draft of which was published in the mass media on February 12, 2026?” What is particularly notable is that on September 8, the president had cautioned against haste, calling parliamentary reform a “very serious issue” and stating that rushing it would be inappropriate. “This reform must be the subject of detailed discussion in civil society, among experts, and, of course, in the current Parliament… I believe that, given the extraordinary nature of the reform, the discussion will take at least a year, after which a nationwide referendum could be held in 2027, and then the necessary amendments could be made to the Constitution,” Tokayev said at the time. A little over five months later, however, the country is preparing for changes that extend beyond the initial proposal to abolish the upper house. At a government meeting, Tokayev emphasized that “no one is setting the task of negating the significance of the current Constitution, which has played a huge role in all of our country's achievements over the past 30 years. “Nevertheless, it should be noted that it was adopted when our country was just getting on its feet and bears the imprint of the first...

Referendum

Kazakhstan To Hold Referendum on New Constitution On March 15

Kazakhstan will hold a constitutional referendum on March 15 in what President Kassym-Jomart Tokayev has described as “a complete reboot” to modernize government and introduce more institutional accountability. The date of the referendum was announced in a notice that was published on the presidential website on Wednesday. It said the draft of the proposed new constitution will appear in the media on Thursday, and the question to be posed to voters in March is: "Do you accept the new Constitution of the Republic of Kazakhstan, the draft of which was published in the mass media on February 12, 2026?" The Central Election Commission will oversee the referendum, according to the notice. The outlines of the proposed changes are already circulating publicly in Kazakhstan, which has made a number of amendments to the current constitution dating from the mid-1990s. The planned changes include replacing the current bicameral parliament with a single chamber and introducing the post of vice president. “The proposed amendments will allow for the redistribution of powers, strengthen the balance in the system of checks and balances, and, most importantly, increase the effectiveness and sustainability of all political institutions,” Tokayev has said. Analysts view the shift from personality-driven rule to more institutionalized governance as a step toward building a more resilient state capable of managing leadership transitions and broadening stakeholder participation. While the foundation for greater representation is being laid, critics say progress should move faster, particularly in expanding political and civic space. If sustained, however, the current trajectory could open the way to deeper and more durable reform through strengthened institutional processes.

Parliamentary Reform

Kazakhstan’s Draft Constitution and the Reordering of State Authority

Kazakhstan’s current constitutional reform is no longer limited to parliamentary redesign. A draft updated basic law has been released for public discussion, and it presents the effort as a review of the state’s political architecture culminating in a nationwide referendum. The draft is described as the product of months of work initiated by President Kassym-Jomart Tokayev, with large-scale changes proposed for the country’s political system. A replacement-style text, an explicit state-architecture rationale, and a referendum endpoint together signal a reform agenda that reaches beyond legislative mechanics to the overall distribution of authority, the protection of fundamental rights, and strengthening of the rule of law. Kazakhstan’s current constitution was adopted by referendum in August 1995, replacing the January 1993 basic law. It has been amended repeatedly, including significant revisions in 1998, 2007, 2011, and 2022. The 2022 referendum package was a particularly extensive set of amendments. It presented a model of a presidential republic with a strong parliament, redistributed selected powers from the presidency to parliament, and created new parliamentary mechanisms. It also strengthened the ombudsman, enabled direct citizen appeals to the Constitutional Court, established a commissioner framework for socially vulnerable categories, established a ban on the death penalty, and set a single seven-year presidential term without the possibility of reelection. From Proposal to Draft Basic Law The current draft emerged from a process launched under Tokayev in late 2025. In September 2025, he proposed moving to a unicameral parliament, which set the reform’s initial direction. A working group was established in October 2025 to develop proposals, and in January 2026, a commission was formed to carry the work forward. The commission was chaired by Elvira Azimova, head of the Constitutional Court of Kazakhstan, linking the drafting process to the institution that reviews the basic law. The commission’s work moved beyond incremental amendments. It reviewed proposals affecting seventy-seven constitutional articles, about 84% of the current text, and that breadth drove the decision to prepare a fundamentally new basic law rather than another package of revisions. Rewriting most of the operative text shifts the reform from a parliamentary adjustment to a redesign of the state’s governing framework. The resulting draft is structured as a replacement-style document, with an updated preamble and a reorganization into eleven sections and ninety-five articles. The institutional centerpiece of the draft is a shift from a two-chamber parliament to a single chamber and to proportional representation for electing deputies. The proposed supreme legislative body, the Kurultai, would have 145 deputies, slightly fewer than the combined 148 members of the current Mazhilis and Senate of Kazakhstan. The draft also grants the Kurultai expanded powers, pairing structural consolidation with a change in how legislative authority is organized, including oversight, political accountability, and approval of key state appointments and conciliation procedures. Alongside the proposed legislature, the draft creates a national dialogue platform, the People's Council of Kazakhstan, described as the highest advisory body representing citizens’ interests and granted the right of legislative initiative. This adds a second channel for agenda-setting with...

Parliamentary Reform

Tokayev Proposes a New Constitutional Architecture

In mid-January 2026, President Kassym-Jomart Tokayev moved Kazakhstan’s parliamentary reform agenda onto a deeper constitutional track. He framed the emerging package as comparable, in substance, to adopting a new constitution rather than making a bounded set of amendments. He also presented it as a further move away from the institutional logic of the 1995 framework and as the logical next step after the 2022 referendum changes, with the legislative branch identified as the main site of redesign. Tokayev laid out a two-stage pathway. First, a Constitutional Commission of more than 100 members is to consolidate proposals and draft a coherent text. The work is organized through the Constitutional Court leadership, and the participant pool is expected to include representatives of the National Kurultai, legal experts, media figures, maslikhat chairs, and regional public councils. The commission was established by decree shortly after Tokayev’s public rollout of the initiative, with early reporting identifying its chair and senior officers as part of the process’ initial institutionalization. Second, the resulting draft is to be submitted to a nationwide referendum, with timing to be set once the commission produces an implementable package. This is an architecture exercise before it is a policy program. The direction is clear enough to describe, but the operative meaning will depend on still-undetermined details, including how headline concepts are translated into constitutional language and how the referendum track shapes that drafting process. The Kurultai Plan and the Lawmaking Design Tokayev’s central institutional move is to abolish the current bicameral parliament and replace it with a single chamber, the Kurultai, combining functions now divided between the Mazhilis and the Senate. The change is publicly presented as consolidation, with unicameralism framed as a simplification of legislative structure that still keeps parliament as the focal representative institution within a presidential system. The package also sketches a streamlined internal design. Tokayev stated that the new chamber should comprise 145 deputies, with up to three deputy speakers and no more than eight committees. Public reports on the working-group discussions remark that earlier concepts ranged more widely before converging on 145; the current Mazhilis and Senate total 148 members. Tokayev indicated that deputies would be elected by proportional representation at the national level, while majoritarian rules would be retained at the regional level. He also signaled the removal of quota and appointment mechanisms associated with the existing system, including the elimination of a small number of presidentially appointed seats. A unicameral legislature raises a predictable design problem. Consolidation can increase legislative throughput unless procedures are structured to preserve deliberation. Allies of the reform have therefore emphasized a shift to a three-reading format, presented as a way to make lawmaking more deliberative. In practice, the decisive criteria here are implementation choices that are not yet public. These include final electoral rules, the internal allocation of committee jurisdiction, and procedural requirements governing readings, hearings, and amendments. Those choices will determine whether the Kurultai becomes a stronger site of relatively autonomous bargaining and scrutiny or a more efficient transmission...

Parliamentary Reform

Tokayev Floats Vice President Post at National Kurultai as Kazakhstan Weighs Political Overhaul

President Kassym-Jomart Tokayev used the fifth session of Kazakhstan’s National Kurultai on January 20 to propose creating a vice president’s post and embedding the new institution in the constitution, as part of a broader package of political reforms aimed at reshaping the country’s system of governance. Under the proposal, the vice president would be appointed by the president and confirmed by parliament by a simple majority vote. The president would define the vice president’s authority, which could include representing Kazakhstan at international forums and negotiations, representing the head of state in parliament, and engaging with domestic and international organizations in political, scientific, cultural, and educational fields. “The establishment of this position will stabilize the process of state governance, and will also bring final clarity regarding the hierarchy of power,” Tokayev said at the Kurultai. Kazakhstan does not currently have a vice president. Executive authority is vested in the presidency, while the government is led by a prime minister, with succession procedures defined by the constitution. Tokayev said the key provisions governing the new post, including its functions, should be enshrined directly in the constitution. The vice presidency was presented as part of a wider administrative restructuring. Tokayev said several administrative structures that support the current parliament would be abolished, along with the position of state counselor. He added that the functions, structure, and management system of the Presidential Administration would be reformed in line with practical needs. The Kurultai session in Kyzylorda took place as the administration advances a more far-reaching overhaul of the legislature. Tokayev has promoted a transition from Kazakhstan’s bicameral parliament, composed of the Senate and the Mazhilis, to a unicameral system, arguing that the change would simplify governance and shorten decision-making chains. [caption id="attachment_42476" align="aligncenter" width="1280"] President Tokayev at the National Kurultai; image: Akorda.kz[/caption] He outlined parameters for a future unicameral parliament, saying it could consist of around 145 deputies, be led by three vice-chairs, and operate with no more than eight standing committees. He also proposed renaming the legislature the “Kurultai,” saying the term reflects historical traditions of popular representation. The parliamentary reform agenda is being developed by a working group that began reviewing constitutional options in late 2025. The idea of moving to a unicameral system was first raised in Tokayev’s national address on September 8, 2025. On January 19, Tokayev held a meeting with the working group on parliamentary reform in Astana, where aides reported that the group had reviewed constitutional approaches to reshaping the legislature and discussed key approaches to constitutional reform based on proposals from citizens, experts, and civil organizations. Tokayev has tied the parliamentary overhaul to a nationwide vote. He reaffirmed that citizens would make the final decision through a referendum and said Kazakhstan is targeting 2027 for a public vote on abolishing the Senate and moving to a unicameral legislature. The latest reform proposals build on constitutional changes adopted after the unrest of January 2022. In June 2022, Kazakhstan held a nationwide referendum on proposed constitutional amendments, with more...

Legislation

Kazakhstan: The Role of the Constitutional Court in Upholding the Rule of Law

This year marks 30 years since the adoption of the current Constitution of Kazakhstan, which was approved by a popular referendum. Over the years, several changes have been made to the country's basic laws to expand citizens' rights, support political modernization, and strengthen the protection of human rights. The last referendum demonstrated the people's will and became an important milestone in the country's history. As a result, the powers of the president were reduced, and the role of parliament and local self-government bodies was significantly strengthened. An important step was the introduction of the Ombudsman for the Human Rights institution, the abolition of the death penalty, and the restoration of the Constitutional Court, Elvira Azimova, Chairperson of the Constitutional Court of Kazakhstan, has told the Asian Legal Portal. As Azimova explained, the Constitutional Court plays a critical role in ensuring the supremacy of the Constitution and protecting citizens' rights. At the same time, she noted that regulations should not only comply with the Constitution, but also be organically linked to it, creating a legal basis for the law and the state's sustainable development. Azimova also highlighted the fact that more than 120 countries worldwide have established constitutional courts or similar bodies performing constitutional oversight functions. In Kazakhstan, as in other states, citizens have the right to apply to the Constitutional Court to verify the constitutionality of laws, acts of the executive branch, and international treaties. International experience shows that such courts not only resolve legal disputes, but also improve the legal culture and continuity of constitutional processes. The revival of the Constitutional Court in Kazakhstan was an essential stage of the constitutional reform of 2022. Azimova emphasized that this body, independent of the legislative, executive, and judicial branches of government, strengthens the state's system of checks and balances. Citizens, the prosecutor general, and the Human Rights Ombudsman can now appeal to the Constitutional Court to uphold constitutional legality. Since January 2023, according to Azimova, the Constitutional Court has received over 7,500 appeals from citizens. In her opinion, such appeals do not indicate mass rights violations, but rather reflect citizens' dissatisfaction with the legal decisions made by state bodies. Citizens, she said, go to court when they believe their rights have been violated and there is either no response or an insufficient response from government agencies. The Azimova-led Constitutional Court has already issued 252 rulings, including 49 final decisions on the constitutionality of legal norms and acts. These decisions directly impact laws and regulations, which can be repealed or revised if found unconstitutional. Azimova also notes that the president, the Supreme Court, and members of parliament have already submitted requests to the Constitutional Court to check the constitutionality of laws. The prosecutor general and other state bodies have repeatedly requested an official interpretation of the provisions of the Constitution. For example, the prosecutor general's request included an interpretation of the prosecutor's competence in court and legal provisions on housing deprivation. In June 2023, Azimova presented an annual message to Parliament on...