Draft Constitution by KazNu Professor Draws Attention from Officials

Orda.kz learned about the document from an insider. People from the Presidential Administration allegedly asked him whether he knew anything about a draft of a new Constitution and sent him a link to clarify what they meant.

When asked why they were interested, they answered briefly: "We are concerned."

Following the link shows the document hosted on the Paragraph information platform. But it cannot be downloaded there — the new page says: "Document number 34697530 not found."

The file is accessible instead via the “link to these acts in three languages,” and it outlines major changes — from renaming the country to revising the power structure and language status.

The author is Zhumageldy Sakenovich Yelyubayev, one of Kazakhstan’s experienced lawyers: Doctor of Law, professor at Al-Farabi Kazakh National University, member of the Chamber of Legal Consultants of the Kazakhstan Bar Association, president of the Kazakhstan Association of Lawyers of the Oil and Gas Industry, and member of the Chartered Institute of Arbitrators (Great Britain).

On Facebook, Yelyubayev says the development of a “new third Constitution of the Kazakh Republic” is his personal initiative.

On August 1, he noted that his work was published on Paragraph a month earlier and was removed a few days later. “I think not without the help of officials from above,” writes Yelyubayev. On August 20, he announced a petition because, in his opinion, “New Kazakhstan needs a new Constitution.”

Why did the document cause concern?

Version one: Yelyubayev did them a disservice. Perhaps Aqorda already has its own draft of a new Constitution or amendments to the current one, and Qasym-Jomart Toqayev was expected to announce it soon. A new political season is approaching, beginning with a joint session of the chambers of parliament and the president’s address to the people.

Version two: Yelyubayev’s private initiative benefits the Presidential Administration. Kazakhstan has long practiced advanced “idea testing.” Nothing needs to be planted — just help the professional community notice it, then gauge public opinion.

Against the backdrop of discussion about parliamentary reform and possible elections, both versions are plausible. 

The Main Points

The draft officially names the country the Kazakh Republic, with the short name Kazakhia. This idea has circulated for some time in public debate — a final break with the Soviet past and the “-stan” suffix common in Central Asia.

The current single seven-year term is replaced with a “classic” model: five years, no more than two consecutive terms.

One of the more unexpected innovations is abolishing the prime minister’s post. The president heads the executive (the cabinet), and a vice president, elected on a joint ticket with the head of state, serves as his deputy.

If the president resigns or passes away, the vice president automatically becomes the acting head of state; if unable to assume office, powers pass to the chair of the Majilis. A VP candidate must be a citizen over 35, resident in the country for the previous five years, and enjoys immunity during the term.

The draft proposes abolishing the Senate, leaving only the Majilis. All deputies are elected by direct vote — seven from each region, the capital, and the cities of national significance.

The Majilis not only legislates but also gains expanded oversight, including the right to initiate impeachment of the president.

The current Constitution enshrines Russian as an official language used equally with Kazakh in state bodies. The draft removes that clause, stating instead:

Expert Opinion

We analyzed Yelyubayev’s draft with political scientist Tolganay Umbetalieva. She views it as a serious step toward political modernization, signaling a move away from Nazarbayev’s super-presidential model toward a clearer checks-and-balances system reminiscent of the U.S. model.

In this project we see a strong president and a strong parliament. The Majilis has serious powers — up to and including investigations against the current and former president. This seriously increases the political weight of the parliament, such a model is close to the American one, the political scientist believes.

All the same, the situation around Yelyubayev’s draft looks, at best, unusual. 

It is only a draft — yet it initially got a green light on Paragraph, then disappeared. 

Orda.kz will continue to follow developments.

Original Author: Ayanrafi Narikbayeva