Review by lawyer Tattuu Bububu Ergeshbaeva on the presidential system, parliamentary reforms, and potential risks in the new Constitution
A draft of the new Constitution has been published in Kazakhstan, developed by the Constitutional Reform Commission taking into account the opinions of citizens, experts, and the results of public discussions. This document is positioned as an updated fundamental law aimed at strengthening statehood, increasing the efficiency of political institutions, and adapting the constitutional system to modern challenges, including digitalization and changes in the public authority system.
According to Tattuu Bububu Ergeshbaeva, a lawyer and founder of the Tandem Lawyers' Community, the proposed draft generally confirms the model of a strong presidential republic, emphasizing institutional stability and centralized accountability.
“The main idea of the new Constitution is to create a strong presidential model, where the key role of the president is combined with formal mechanisms of parliamentary control and participation. This, in turn, is aimed at improving the governance of the state and reducing institutional risks,” comments the expert.
Ergeshbaeva emphasizes that the draft strengthens the legal structure of the state, explicitly indicating the presidential format of governance and enshrining immutable constitutional values such as sovereignty, independence, unitarity, and territorial integrity.
She also notes that the secular nature of the state and the principle of separation of religion and state are more strictly defined, which contributes to strengthening centralized governance and reducing the risks of ideological fluctuations.
In the context of human rights, the lawyer points to the preservation of the existing model with the possibility of legislative restrictions. This particularly concerns the rights to peaceful assembly, rallies, and demonstrations.
“The main risks are not so much related to the Constitution itself, but to subsequent sectoral norms. With an expansive interpretation of the reasons for restrictions, there may be a narrowing of the space for the realization of political rights,” she explains.
Ergeshbaeva pays special attention to the norms related to digital transformation. According to her, the enshrinement of the right to protect personal data and the inviolability of private life in the digital space is a new aspect of the Fundamental Law.
“These norms are of a framework nature and will require further detailing in legislation. Without clear constitutional guarantees of proportionality and effective judicial control, the risk of expansive application of digital restrictions under the pretext of national security and public order increases,” notes the expert.
It is also emphasized that the status of the president as the central figure of the executive power is maintained, with an increase in his personal responsibility. The introduction of the position of Vice President and a formalized mechanism for the succession of power, in her opinion, should enhance the predictability and stability of the governance system.
Speaking about the reform of the parliament, Ergeshbaeva points out that the transition to a unicameral Kurultai is a significant institutional change.
“Although the control functions of the parliament and the role of political parties are formally strengthened, the abolition of the Senate means a rejection of independent representation of the regions. At the same time, the final decision on the budget remains with the president, which enhances his influence on the budget process,” she adds.
The expert considers the expansion of the powers of the Constitutional Court and access to constitutional justice as a positive aspect.
“Strengthening the Constitutional Court creates additional elements of institutional balance and potential mechanisms of checks and balances capable of limiting deviations from constitutional principles,” says the lawyer.
Comparing the constitutional changes in Kazakhstan with the experience of Kyrgyzstan, Ergeshbaeva reminds that after the adoption of the Constitution in Kyrgyzstan in 2021, there was also a strengthening of the presidential model of power and a large-scale revision of legislation.
“This experience demonstrates that such constitutional transformations entail long-term institutional consequences, especially in the context of the redistribution of powers and the strengthening of executive authority,” she concludes.
Overall, in the expert's opinion, the proposed draft of the new Constitution of Kazakhstan, initiated by Kassym-Jomart Tokayev, reflects a strategic course towards the transformation of the political and legal space with an emphasis on maintaining institutional stability and state sovereignty.
