United and consistent: Kazakhstan has adopted a new constitution
More than 80% of Kazakhstanis supported the new basic law, according to the first exit polls. The Constitution will come into force on July 1 and will seriously change the structure of the country. There will be a new position of vice president, and parliament will become unicameral. The article on the status of the Russian language has also been adjusted, but the authorities assure that its position will not change. Experts believe that the purpose of the constitutional reform is to fine—tune the system of government before the presidential elections in 2029. At the same time, the nature of relations with Moscow will remain unchanged.
Results of the referendum in Kazakhstan
The overwhelming majority of voters supported the adoption of the new constitution of Kazakhstan, according to the results of polls at the exit from polling stations. According to the Institute of Eurasian Integration, 86.7% of Kazakhstanis supported the basic law. The SOCIS-A Institute for Integrated Social Research announced 87.4% support. The final figures have yet to be determined.
The preliminary voter turnout was more than 73%, the Central Election Commission of the Republic reported. The highest activity rate was recorded in the Kyzylorda region — 93.04%. 80% of the voters registered here voted at the polling station at the embassy in Moscow.
Back in September last year, President of Kazakhstan Kassym-Jomart Tokayev, in his annual address to the people, proposed abolishing the upper house of parliament (Senate) and forming a unicameral body that would be elected only on party lists. A referendum on this proposal was planned to be held in 2027, but in January, the President of Kazakhstan announced the creation of a constitutional commission. Her goal was to write a new basic law.
In February, the final draft of the amendments was published, and the date of the referendum became known. The main reason for the unexpected acceleration was the reaction of citizens. According to Tokayev, the authorities received more than 12,000 appeals that related to all sections of the basic law, so it was decided to adopt a new document.
The main purpose of the constitutional changes is to prepare for the transit of power in 2029, Stanislav Pritchin, head of the Central Asia sector at the IMEMO Center for Post—Soviet Studies, told Izvestia. Back in 2022, the rule was fixed according to which the president can be elected for only one seven-year term.
President of the Republic of Kazakhstan Kassym-Jomart Tokayev
— There is only one term, and this does not change in any way in the current constitution. Therefore, Tokayev must step down from his post in 2029. And here the main intrigue lies in who will be his replacement and what position he will take," the expert noted.
The new constitution will actually expand the powers of the president when working with the government. As before, the head of state proposes the candidacy of the prime minister, but now, if parliament does not approve it twice, the president can dissolve the legislature. The list of government posts appointed by the President has also been expanded. That is, the system is evolving towards a model where he has enormous powers, but can only hold office for seven years.
The President of Kazakhstan has repeatedly stated that he does not plan to be re-elected for a new term. The head of the republic also refused to hold early presidential elections, stressing that they would be held exactly at the moment designated by the constitution. At the same time, article 43 of the new law specifically emphasizes that the provision on one presidential term is "invariable." This means that Tokayev currently has no legal means to run for the top post again.
It is worth noting that the basic law of Kazakhstan has changed frequently. The first constitution of the independent republic was adopted in 1993, but the second followed two years later. It was amended in 1998, 2007, 2011, 2017, 2019, and then in 2022.
In January of that year, protests took place, after which the article on the special status of the leader of the nation, Elbasy, was deleted from the text of the basic law — this title was worn by Nursultan Nazarbayev, who led Kazakhstan from 1991 to 2019. In total, 56 amendments were introduced in 2022, the purpose of which was to create the formula "a strong president - an influential parliament — an accountable government." But as practice has shown, the changes were not enough.
How will the Constitution of Kazakhstan change
The new basic law inherited only 16% of the text from the old constitution. The main innovations concern the parliament and the vice-president, as well as the foundations of the country's structure. For example, the wording on the status of the Russian language has changed. In the previous version of the main law, it was said that the Russian language is used "on an equal basis with Kazakh," in the new version — "along with Kazakh."
About 15% of Kazakhstan's population are Russians, who live mainly in the north of the country. Kazakh publications noted that the new wording implies the use of two languages together, but not necessarily on equal terms. Kassym-Jomart Tokayev said on the eve of the vote that the status of the Russian language was not decreasing because of this.
Vladimir Shapovalov, Deputy Director of the Institute of History and Politics at Moscow State University, told Izvestia that the Russian language retains its special status in the new constitution. In his opinion, this is a big difference in comparison with the policy of discrimination based on language and nationality, which is applied in the republics of neighboring countries, gravitating towards Europe.
The main political innovation is the revival of the post of Vice President, which existed in Kazakhstan in 1991-1996. His main task is to assist the head of state in working with Parliament and the government. If the president resigns prematurely, his powers are first assumed by the Vice President and only then, if he is unable to carry them out, by the Speaker of Parliament and then by the Prime Minister. Tokayev himself noted that he has high hopes for this institute in the future.
The mechanism of parliament formation is also changing. It will now consist of one chamber of 145 deputies with a five-year term of office. It also provides for the formation of an advisory body, the People's Council of Kazakhstan. He will have to give advice on important issues on the domestic agenda and help strengthen national unity.
Other social changes include a ban on dual and multiple citizenship, and the consolidation of marriage as a "voluntary and equal union of a man and a woman." The rules for foreign financing of NGOs are also being tightened. Finally, an amendment has been added that the President is not criminally or administratively responsible for actions in office, with the exception of treason.
Shapovalov believes that the constitutional amendments will not change the nature of relations between Russia and Kazakhstan. For Russia, this republic remains a priority partner and ally, along with Belarus. Relations with Astana are very important for Moscow from a strategic point of view, because the Russian-Kazakh border is the longest for our country. Therefore, the stability and security of Kazakhstan is in the interests of Russia.
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