On February 11, 2026, the Head of State signed a decree scheduling a national referendum for March 15, 2026, on the adoption of a new Constitution for the country.

The starting point for the constitutional reform was the initiative of Kassym-Jomart Tokayev to establish a unicameral Parliament in Kazakhstan. The President articulated this idea on September 8, 2025, in his annual State of the Nation Address, aiming for a comprehensive reset of the political system and a positive impact on the further course of Kazakhstan's socio-economic development in the era of artificial intelligence.

In accordance with paragraph 1 of Article 31 of the Law of the Republic of Kazakhstan "On Legal Practice and Legal Assistance," the Bar in the Republic of Kazakhstan is intended to facilitate the realization of the human rights guaranteed by the state and enshrined in the Constitution to judicial protection of one's rights and freedoms, to receive legal assistance, as well as to facilitate the peaceful resolution of disputes.

Thus, Article 86 of the draft new Constitution is formulated as follows: "The Bar in the Republic of Kazakhstan facilitates the realization of the human rights guaranteed by the state to judicial protection and to receive legal assistance. Legal assistance is provided by advocates (lawyers) and other persons in accordance with the law. The procedure for carrying out legal practice, as well as the rights, duties, and responsibilities of advocates, shall be determined by law."

It should be noted that the adoption of Article 86 forms the foundation for further strengthening the guarantees of legal practice. The effective implementation of this provision presupposes the consolidation of the legal community and constructive interaction with state bodies.

International experience shows that enshrining the status of the Bar in the Constitution has a positive effect on citizens' access to legal assistance.

For example, in Italy, the status of the Bar is expressed as follows: "Defense is an inviolable right at every stage and in every state of the proceedings."

The constitutional right of citizens to defense covers the judicial process itself, as well as all stages of pre-trial proceedings, from the moment of a person's detention, arrest, or the initiation of criminal prosecution.

Thus, the American Bill of Rights of 1791, in the Sixth Amendment to the U.S. Constitution, stipulated that in all criminal prosecutions, the accused has the right to the assistance of counsel for his defense. Since then, this principle has been incorporated into most constitutional texts and into international covenants and conventions on human rights.

Furthermore, Article 56 of the Constitution of Bulgaria proclaims: "Everyone shall have the right to legal defense when his or her rights or legitimate interests are violated or threatened. He or she may appear in state institutions accompanied by his or her lawyer."

In the Republic of Belarus, the legal institution of the Bar is not directly enshrined in the Constitution, but its presence implies a constitutional source for its legitimate presence in the system of national legislation. Article 62 of the Constitution of the Republic of Belarus guarantees everyone the right to legal assistance, including the right to the assistance of lawyers. That is, the Constitution merely uses the term "lawyer."

Returning to our legislation, it is important to note that Article 86 of the Constitution strengthens the guarantees of receiving qualified legal assistance. A citizen in conflict with the state does not remain alone; their interests are represented by a professional defender with an entrenched constitutional status.

Entrenching the Bar at the constitutional level undoubtedly contributes to enhancing the independence of the legal profession. The defender performs not an administrative function, but a publicly significant legal mission. Their activities are aimed at ensuring the legality of judicial proceedings and respect for human rights.

As a result, the very philosophy of justice changes. Judicial proceedings become a mechanism for establishing the truth. If the status of the Bar is enshrined at the constitutional level, this implies a stronger and more independent system for protecting citizens' rights.

It is logical that the status of the Bar is enshrined in the new Constitution, while basic principles are set out in the relevant law.

All initiatives and substantive proposals from citizens have been systematically studied, analyzed, and directly reflected in the final text of the Fundamental Law. Following the review of proposals for the draft new Constitution, members of the Commission introduced additional provisions and editorial and stylistic clarifications.

Entrenching the status of the Bar at the constitutional level is aimed at strengthening the guarantees of the right to defense and enhancing the role of legal assistance in the justice system.

The need to reflect the status of the Bar in the Constitution is explained by the importance of a basic formal legal entrenchment that meets the contemporary needs of the objectively existing public-law status of the Bar as an institution of civil society, which also determines the importance of defining its leading role in the system of mechanisms for protecting rights, freedoms, and interests, and ensuring access to justice.

Thus, the draft new Constitution is the result of open public discussions, comprehensive analysis of proposals from citizens, political parties, public organizations, and the expert community.

The new text of the Constitution reflects the maturity of Kazakh statehood, the country's international authority, and a strategic focus on progressive development, while simultaneously maintaining continuity with the current Fundamental Law, which played a key role in the formation of Independent Kazakhstan.

I wish to emphasize particularly that the draft new Constitution was developed as a result of a comprehensive analysis of proposals from citizens, political parties, public organizations, and experts, open public discussions, and detailed elaboration of new provisions and norms.

The historical role of the current Constitution in the formation of our statehood and its significant positive impact on the country's development is great and undisputed.

However, the world is changing rapidly, society has become dynamic, and the Constitution must be relevant to its time, reflecting important legal aspects.

In summary, it can be said that the key goal of the constitutional reform is to bridge the gap between the formal proclamation of rights and their actual protection.

Saltanat MAMANOVA,
Judge of the Auliekol District Court,
Kostanay Region