The Constitutional Court of the Republic of Kazakhstan has put an end to the debate over the application of certain provisions of the new Constitution to persons who held senior government positions prior to the constitutional reform. The official interpretation has determined how the restrictions will be applied in the event of their re-election or reappointment following the entry into force of the Basic Law of 2026.

The Constitutional Court examined the request of the President of the Republic of Kazakhstan for an official interpretation of certain provisions of the Constitution of March 15, 2026, governing the procedure for the election and appointment to a number of senior government positions. The Court was tasked with determining whether the restrictions established by the new Constitution apply to persons who held the relevant positions during the period of the 1995 Constitution, and whether previously served terms of office are to be taken into account.

Having analyzed the provisions of Paragraph 1 of Article 43, Paragraphs 2 and 3 of Article 72, Paragraph 1 of Article 83, and Paragraph 3 of Article 84 of the Constitution, the Court concluded that the restrictions provided for therein are exclusively linked to election or appointment in accordance with the procedure established by the current Constitution and the regulatory legal acts adopted in compliance therewith.

The ruling notes that the 2026 Constitution does not provide for the counting of terms served in the relevant positions, nor for the facts of election or appointment that occurred during the period of the 1995 Constitution. Consequently, the mere holding of such a position prior to the entry into force of the new Basic Law does not constitute a constitutional-legal impediment to subsequent election or appointment after July 1, 2026.

"Paragraph 1 of Article 43, Paragraphs 2 and 3 of Article 72, Paragraph 1 of Article 83, and Paragraph 3 of Article 84 of the 2026 Constitution shall be understood to mean that persons who, under the 1995 Constitution, hold the positions specified in these constitutional provisions may be elected or appointed to the relevant positions after the 2026 Constitution enters into force. For the purposes of applying the restrictions established by the said constitutional provisions, the election or appointment of such persons to the relevant positions after the entry into force of the 2026 Constitution shall be regarded as the first election or appointment," states the ruling of the Constitutional Court of the Republic of Kazakhstan.

The official interpretation provides that persons who held the relevant positions under the 1995 Constitution may be re-elected or reappointed after the 2026 Constitution enters into force. For the purposes of applying the established restrictions, such election or appointment shall be deemed the first.

The regulatory ruling was adopted on July 7, 2026, and is binding throughout the territory of the Republic of Kazakhstan.

Commenting on the President's appeal to the Constitutional Court, the First Deputy Head of the Presidential Administration, Yerlan Karin, emphasized that the ruling adopted by the Constitutional Court is exclusively regulatory in nature and is aimed at ensuring the uniform application of the provisions of the new Constitution.

"This is a legal response to a number of procedural issues arising from the entry into force of the new Constitution. In particular, in connection with the entry into force of the new Constitution, as of July 1, officials subject to the constitutional provisions on the single term limit must be appointed: the Chairman of the Supreme Court, the Prosecutor General, the Chairman and judges of the Constitutional Court," noted Yerlan Karin.

According to him, the Constitutional Court has provided a clear clarification regarding the application of the principle of a single term of office.

"The Constitutional Court's interpretation provides a clear legal construction – the single-term rule applies exclusively to persons appointed to the relevant positions after the new Constitution takes effect. Similarly, on the basis of the principle of uniformity, this interpretation also applies to the application of the single-term rule to the incumbent President," emphasized the First Deputy Head of the Presidential Administration.

At the same time, Yerlan Karin specifically noted that the adopted ruling does not mean the automatic appointment or re-election of current officials.

"This interpretation of constitutional provisions does not mean the automatic appointment or election of any official. It merely determines the existence of the possibility to be elected or appointed," he explained.

Islam Kuraev, Head of the Analytical Service of the Republican State Enterprise "Central Communications Service" under the President of the Republic of Kazakhstan, in turn, believes that obtaining an official interpretation contributes to the formation of uniform law enforcement practice and reduces the risk of ambiguous understanding of the new constitutional provisions.

"The Head of State has moved the discussion from the realm of backroom speculation to a strict legal framework," the expert noted.

According to political scientist Marat Shibutov, the President's appeal and the subsequent decision of the Constitutional Court should be viewed in the context of the long-term development of the state system.

"The move with the Constitutional Court's ruling is not a political trick, as some observers naively and one-sidedly interpret it, but rather part of a larger strategy of the Akorda [Presidential Administration]," the political scientist believes.

 

Linara SAKTAGANOVA
Astana