Constitutional Court: New Constitution rules apply to appointment, election of senior officials

The Constitutional Court of Kazakhstan has clarified that service in senior government positions during the period of the 1995 Constitution will not be an obstacle to re-election or reappointment following the entry into force of the new Constitution, the court announced.

The Constitutional Court considered a request from the President of Kazakhstan for an official interpretation of provisions contained in Article 43, paragraph 1; Article 72, paragraphs 2 and 3; Article 83, paragraph 1; and Article 84, paragraph 3 of the Constitution of Kazakhstan of March 15, 2026, concerning the procedure for election and appointment to a number of senior government positions.

The court noted that the restrictions provided for in the 2026 Constitution apply only to cases of election or appointment carried out in line with the current Constitution and the normative legal acts adopted on its basis.

The Constitutional Court stated that the restrictions established in these constitutional provisions are tied exclusively to the fact of a person's previous election or appointment to the relevant position in the manner prescribed by the current Constitution and the regulatory legal acts adopted under it.

"The Constitution does not contain provisions stipulating that terms of service in relevant positions, or facts of election or appointment to them that occurred during the period of the 1995 Constitution, be taken into account when applying the restrictions established by Article 43, paragraph 1; Article 72, paragraphs 2 and 3; Article 83, paragraph 1; and Article 84, paragraph 3 of the Constitution," the Constitutional Court said.

Consequently, the fact that a person held one of the specified positions during the period of the 1995 Constitution does not, by itself, create a constitutional-legal obstacle to their election or appointment to the relevant position following the entry into force of the Constitution on July 1, 2026.

Following its review of the request, the Constitutional Court issued an official interpretation stating that persons who held the positions specified in the Constitution during the period of the 1995 Constitution may be reelected or reappointed after the entry into force of the 2026 Constitution.

In such cases, for the restrictions established by the Constitution, such an election or appointment will count as the first.

As previously reported, the country's new Constitution, adopted in the nationwide referendum held on March 15, 2026, entered into force on July 1.