When people voted in the 1995 national referendum (Aug. 30) to adopt a new Constitution, they laid the cornerstone of modern statehood. More than just a legal charter, the Constitution of Kazakhstan is marked by its humanist focus. Article 1 declares the country a democratic, secular, legal, and social state, in which the highest values are the individual, their life, rights, and freedoms. 

For a country like Kazakhstan, which gained independence relatively recently, these provisions were far from mere formal declarations. They became a bedrock of domestic policy, legislative development, and state strategy in the years that followed. Experts note that the constitutional recognition of human rights was a decisive step in the transition from an administrative-command system to a modern rule-of-law state. 

Over nearly three decades, Kazakhstan has demonstrated a readiness to strengthen mechanisms for protecting citizens’ rights in a gradual yet consistent manner: open, institutionally formalized, and backed by international obligations. Human rights have thus acquired not only domestic significance but also become a marker of international legitimacy.

Expanding human rights safeguards

Perhaps the most significant innovation of the reform that followed a nationwide referendum on June 5, 2022 was granting constitutional status to the Human Rights Commissioner. Ombudsman Artur Lastayev highlighted that with this decision, Kazakhstan has joined developed democracies where the activities of national human rights institutions are regulated by the Constitution and constitutional laws.

“This is a sign of democratic maturity. Reforms have made human rights protections more accessible, including the right of citizens to appeal directly to the Constitutional Court,” Lastayev explained. 

The ombudsman’s role has expanded from reviewing complaints to proactive monitoring of detention facilities, legislative initiatives, and legal education. In 2024, nearly 800 visits to prisons, detention centers, and special institutions were carried out, far exceeding previous years.

Regional representatives of the ombudsman now operate nationwide. This institutional presence has fueled a surge in public trust, as annual appeals have grown from 1,800 to nearly 7,000 in just a few years. According to Lastayev, this reflects both rising legal awareness and stronger trust in institutions. Legislative proposals from the ombudsman’s office are increasingly shaping national policy. Among the most notable is the new law on combating domestic violence, written in accordance with ombudsman recommendations, which now stands as a landmark in Kazakhstan’s legal landscape.

Why citizens matter in legal reform

Zarema Shaukenova, the deputy chair of the Scientific Expert Council at the Assembly of the People of Kazakhstan, underscored that state reform cannot succeed without an engaged society.

“Without the engaged citizens, non-governmental organizations, unions, the media, and community groups, it is impossible to build a sustainable legal system. Responsibility for upholding the Constitution rests not only with the state, but with each individual,” she said. 

Shaukenova emphasized trust as the key political capital. 

“Confucius said it well: in a state, there must be food, weapons, and trust. If something must be sacrificed, it cannot be trusted—without it, the state cannot stand,” she added. 

The 2022 referendum reflected this civic partnership. Citizens endorsed amendments declaring that “land and natural resources belong to the people,” which was perceived as a step toward achieving social justice. The transition from a super-presidential to a balanced presidential-parliamentary system was also approved.

President Kassym-Jomart Tokayev’s initiative to limit the presidency to a single seven-year term without re-election marked another milestone.

“This decision prioritizes strategic tasks over personal ambitions. It strengthens democratic principles and sets civilized boundaries for Kazakhstan’s development,” said Shaukenova, noting that such measures signal a new political era of maturity and accountability.

Rule of law through constitutional change

The Constitution has proven to be flexible, evolving in response to new challenges. The transformative change came with the referendum in June 2022, when citizens endorsed sweeping reforms aimed at democratization, judicial modernization, and the reinforcement of the principle of law and order.

The judiciary was a primary beneficiary. As Chief Justice Aslambek Mergaliyev noted, according to the Constitution, everyone has the right to judicial protection of their rights and freedoms. 

“Therefore, it is crucial that every citizen is confident in the fairness of the court, where they can truly find both protection and truth. The rule of law in all spheres of life must become the foundation of Kazakhstan’s progressive development,” he said. 

The Supreme Judicial Council became a fully empowered institution managing judicial careers: from recruitment and testing to evaluating sitting judges. Chair Dmitry Malakhov explained that the shift is from a previously successful rate of around 50% of applicants passing the exams to the current rate, when only 20% do. 

“This means the selection has become more qualitative, based on clear, objective criteria. Despite greater openness, the demands on candidates have risen significantly,” Malakhov said. 

Reform also touched training. The Academy of Justice gained accreditation for doctoral programs, and for the first time, individual refresher courses for judges were introduced, receiving positive feedback from the legal community.

Digitization has advanced rapidly. Over 80% of pre-trial investigations are now conducted electronically, and 90% of investigative actions are video-recorded, ensuring transparency. The Ministry of Justice has also broadened legal access through the People’s Lawyer campaign and the expansion of its online Legal Cabinet.

According to Deputy Minister of Justice Botagoz Zhakselekova, the principle of law and order became the foundation of a new social contract between the state and the citizens.

“High-quality legislation remains the key instrument for ensuring constitutional guarantees,” she added. 

The Agency for Financial Monitoring has likewise reoriented toward protecting good-faith businesses. By changing registration procedures, nearly 300 companies were shielded from unjustified criminal prosecution, while recovered damages grew sixfold 2021-2024.  

Unity through stability and the rule of law

The Assembly of the People of Kazakhstan, established in 1995 alongside the adoption of the Constitution, has become one of the key mechanisms for bringing constitutional principles of equality and solidarity to practice. With representatives in the Senate, the assembly directly contributes to shaping national policy and ensuring that the voices of its diverse communities are heard at the highest levels.

In 2023, the assembly initiated the inter-parliamentary group, One Nation – One Interest, fulfilling President Tokayev’s call to enhance cooperation between Parliament and civil society. Its mission goes far beyond cultural dialogue. It is a platform where constitutional ideals of inclusivity and unity take concrete institutional form.

This was vividly demonstrated during the devastating floods of 2024, when more than 12,000 assembly volunteers mobilized to deliver humanitarian aid, build housing, and support displaced families. Their actions reflected the humanistic ethos enshrined in the Constitution — solidarity, mutual responsibility, and equality before the law.

As Director of the Institute for Applied Ethnopolitical Research Talgat Kaliyev noted, the assembly embodies the Constitution’s role as a guarantor of social harmony.

“Without civic unity, built on constitutional principles of justice and stability, state reform cannot endure. In this sense, the assembly remains central to Kazakhstan’s effort to cultivate an inclusive civic identity and to realize President Tokayev’s vision of a Listening and Fair State,” he said. 

A regional perspective

Interestingly enough, Kazakhstan’s path mirrored broader Central Asian trends. First Deputy Director of Uzbekistan’s National Center for Human Rights Mirzatillo Tillabayev noted in the first two decades of this century alone, the world adopted 57 new constitutions, and Central Asian states have not stood aside. He stated that their fundamental laws are evolving toward greater openness, social responsibility, and alignment with international norms. He highlighted the constitutionalization of Ombudsperson institutions in both Kazakhstan and Uzbekistan as key evidence of this shift. He also noted the growing impact of globalization.

“The development of our constitutions shows the successful incorporation of international law into national legislation. Kazakhstan, in particular, is characterized by broad citizen participation, transparency, openness, and inclusivity — hallmarks of democratic constitutional processes,” he said. 

Tillabayev warned, however, that digitization poses new challenges, one that will require collaborative effort from the countries’ expert communities. 

“The rapid spread of AI, big data, and digital governance demands fresh approaches to human rights protection. Our expert communities must work together on issues of digital security, personal data protection, and the ethical use of AI in governance and justice,” he said.

The Constitution has proven both durable and adaptive. Nearly three decades after its adoption, it remains centered on the principle that the highest value is the individual, their rights, and their dignity. The 2022 reforms in particular cemented the idea that sovereignty belongs to the people, while anchoring the rule of law and human rights protections in the country’s political DNA.

As the nation navigates the digital era and a shifting global landscape, its greatest hope lies in the Constitution’s continued role: not only as the foundation of statehood, but also as a reflection of the society’s aspirations.

Reference: https://astanatimes.com/2025/08/kazakhstans-constitution-at-30-what-has-been-achieved