Draft constitution removes archaic provisions and enshrines digital rights, expert says

– How many proposals did you submit as part of the Constitutional Commission’s work?

– About six or seven. At this point, three or four have been supported. The Constitution is a document of the highest legal force, so this is not about large scale rewriting but about precise and carefully calibrated amendments.

– How will the system of appointments change with the transition to a unicameral parliament?

– There are no fundamental changes in the formation of the Government. The nominee for prime minister, as before, will be submitted by the President and reviewed by Parliament, now the Kurultai. Members of the Government will also pass approval in committees. The main changes concern the redistribution of powers between the President and the Kurultai regarding the appointment of heads of state bodies, which is aimed at maintaining a balance between the branches of power.

– Is there a risk of the Kurultai being dissolved if candidates are rejected?

– Theoretically, such a norm exists, but in practice it is unlikely. For a nominee to be rejected twice, they would have to clearly fail to meet the requirements of the position. As a rule, professionally vetted candidates are submitted for consideration.

– Why is so much attention paid to the preamble of the Constitution?

– The preamble must reflect both historical continuity and an orientation toward the future. Our history includes the Turkic Khaganate, the Kipchak states, the Golden Horde, and the Kazakh Khanate. At the same time, we live in the twenty first century, and the Constitution must reflect science, innovation, IT, and the creative economy. Refusing technology today means strategic vulnerability.

– What archaic norms were removed from the Constitution?

– Outdated concepts that do not correspond to modern realities have been removed, for example references to the telegraph. Digital rights and intellectual property are enshrined for the first time, and the understanding of creativity has been expanded to include scientific, artistic, and cultural activity.

– Why was it important to constitutionally define marriage?

– The 1995 Constitution did not contain a definition of marriage. Today, given global discussions, it was essential to state that marriage is a union between a man and a woman in order to avoid ambiguous interpretations.

– Why are there so many fakes surrounding the draft Constitution?

– The topic of the Constitution has become an object of manipulation. Rumors are spreading about land sales, bans on rallies, and the introduction of a universal special legal regime, although these norms have either not changed or are being distorted. Most often this is an attempt to attract attention, which frequently ends in administrative liability.

– How do you assess statements about a possible political monopoly?

– There are no grounds for this. The Kurultai will have 145 deputies while maintaining the five percent electoral threshold. Six parties are currently represented in parliament, and there may be more. In addition, the range of subjects of legislative initiative is expanding, with the Halk Kenesi being added. On the contrary, this broadens political participation.

– Why is private education enshrined in the Constitution?

– Private education has in fact existed for a long time, but now it receives constitutional status and becomes equal to public education. This means an increase in its legal standing and its consideration in the development of laws and by laws in the field of education.

– What is the practical significance of enshrining new norms in the Constitution?

– Constitutional provisions can only be changed through a referendum. This gives them stability and raises the status of the relevant areas, whether advocacy, education, or digital rights, in subsequent legislative regulation.

Earlier, Qazinform News Agency reported that at the February 10 extended session of the Kazakh Government, President Kassym-Jomart Tokayev stressed that the constitutional reform underway in the country has taken on a truly nationwide character.