1993 Constitution of Kazakhstan

1993 Constitution of the Republic of Kazakhstan
Original title1993 жылғы Қазақстан Республикасының Конституциясы
Ratified28 January 1993
Date effective28 January 1993
Repealed30 August 1995
Superseded1995 Constitution of Kazakhstan
LocationAlmaty, Kazakhstan
Commissioned bySupreme Soviet of Kazakhstan
AuthorDrafting Commission of the Supreme Soviet
SignatoriesDeputies of the Supreme Soviet
Media typePrint
SubjectConstitutional law
PurposeTo establish the fundamental law of independent Kazakhstan
Politics of Kazakhstan

CIS member state

The 1993 Constitution of the Republic of Kazakhstan (Kazakh: 1993 жылғы Қазақстан Республикасының Конституциясы; Russian: Конституция Республики Казахстан 1993 года) was the first basic law of Kazakhstan. It was adopted on 28 January 1993 by the Supreme Council of Kazakhstan and remained in force until it was replaced by the Constitution of 1995.

The 1993 Constitution established Kazakhstan as a sovereign, democratic, and unitary state, declaring Kazakh language as the state language and Russian as language of interethnic communication. It was the initial legal base for post-Soviet governance but soon was judged as weak in balancing power between branches of government.

Background

After the dissolution of the Soviet Union in December 1991, the Republic of Kazakhstan declared its independence and faced the urgent need to establish a new constitutional framework. Until that time, the 1978 Constitution of the Kazakh Soviet Socialist Republic, based largely on the 1977 Constitution of the USSR, continued to operate.[1] However, this document no longer corresponded to the realities of an independent state, as it preserved the institutions and ideological principles of the Soviet period.[2]

For this reason, President Nursultan Nazarbayev together with the Supreme Soviet of Kazakhstan initiated the preparation of a new constitution which would lay the foundations of sovereignty, determine the distribution of political powers, and set out the rights and freedoms of citizens in a multiethnic society.[3]

Drafting

At the end of 1991, President Nazarbayev created a working group of 14 members under the chairmanship of the Deputy Chairman of the Supreme Soviet to draft the new constitution. Work on the text was completed on 25 March 1992, and on 1 June the draft was submitted to the Supreme Soviet, with the first reading held the following day.[2] After this, a four-month period of public discussion was announced: the draft was published in the press, debated at enterprises, institutions, and organizations, and citizens could send written proposals and comments.[4]

During this discussion, the most disputed issues arose around the definition of the status of the Russian language in relation to the Kazakh language, as well as the question of how powers should be divided between the parliament and the president. These debates reflected both the multiethnic composition of Kazakhstan and the still-uncertain model of state power in the post-Soviet period.[4]

Adoption

A revised version of the draft was published in November 1992, and in December the Supreme Soviet held a second debate, where a number of additional amendments were introduced.[4]

The final draft of the constitution, which had been refined through extensive public hearings and parliamentary debate, was formally adopted during the 19th session of the 12th convocation by the Supreme Soviet on 28 January 1993. Of the 312 deputies present, 309 voted in favor, and three abstained, reflecting near-unanimous support.[5]

The 1993 Constitution of Kazakhstan introduced for the first time provisions on the separation of powers, affirmed the primacy of the individual in relation to the state, and recognized the equality of state and private property. Compared with the previous Soviet-era constitution, which defined Kazakhstan as a presidential republic, the 1993 Constitution granted the country a more parliamentary character, giving significant authority to the legislature. The framers paid special attention to constitutional experiences from countries such as the United States and France, adapting foreign principles to the political and social context of post-Soviet Kazakhstan.[3]

Main provisions

The 1993 Constitution consisted of four sections, 21 chapters, and 131 articles, including transitional provisions. It formally recognized Kazakhstan as an independent, secular, and unitary republic, emphasizing that state power derives from the people.[6]

Fundamentals

The Constitution established the foundational principles of Kazakhstan's statehood and governance:[7]

  1. Form of State: The Republic of Kazakhstan is a democratic, secular, and unitary state. It guarantees equal rights to all citizens, reflecting the self-determination of the Kazakh nation.
  2. Territorial Integrity: The territory of Kazakhstan is integral, indivisible, and inviolable.
  3. Human Rights: The Constitution recognizes the individual, their life, freedom, and inalienable rights as the highest value. The state conducts its activities in the interests of citizens and society.
  4. Source of Power: The people of Kazakhstan are the sole source of state power, exercising it directly or through representatives. No organization or individual may usurp state authority. Only the Supreme Council and the President may speak on behalf of the people within the limits of their constitutional powers.
  5. Public Associations: The Constitution guarantees equal and legal opportunities for public associations operating under the Constitution and laws of Kazakhstan. The ideology of any association cannot be adopted as state ideology.
  6. Separation of Powers: State power is divided into legislative, executive, and judicial branches. Each branch is independent within its authority, and they interact through a system of checks and balances. State power is exercised on the basis of the Constitution and laws of the republic.
  7. Supremacy of the Constitution: The Constitution has the highest legal authority, and its norms have direct effect. Any laws or acts contradicting the Constitution have no legal force.
  8. Languages: Kazakh is the state language, while Russian serves as the language of interethnic communication. The state guarantees the preservation and free development of interethnic and other languages, and citizens cannot have their rights restricted for lack of proficiency in either language.
  9. State Symbols and Capital: Kazakhstan has state symbols including a coat of arms, flag, and national anthem. The capital of the Republic is Almaty.

Structure

The Constitution was divided into four parts, each outlining a key aspect of the state and society:[7]

  • Part I. Citizen, his rights, freedoms, and obligations – established the legal status of citizens, guaranteeing rights and freedoms while outlining fundamental duties.
  • Part II. Society and its foundational principles – defined the principles of social organization, including equality, property relations, and the role of public associations.
  • Part III. State, its bodies, and institutions – regulated the structure and functioning of state institutions, including the presidency, the Supreme Council, government bodies, and the judiciary.
  • Part IV. Guarantees of compliance with the Constitution – set mechanisms to ensure the supremacy and direct effect of constitutional norms, and outlined the procedures for resolving constitutional disputes.

Aftermath

Although the 1993 Constitution provided wide guarantees for citizens and established separation of powers, in practice state institutions remained weak. The division of authority between the legislative and executive branches was ambiguous, leading to frequent conflicts between Nazarbayev and the Supreme Council.[8][9] Deputies often resisted rapid economic reforms, including privatization and market liberalization, contributing to political tension.[10]

The political crisis of 1994–1995 exposed the instability of state mechanisms and the difficulties of governance under a dual-power system, in which both the president and parliament claimed significant authority.[9]

Replacement by 1995 Constitution

In 1995, after republican referendum initiated by Nazarbayev, a new constitution was adopted on 30 August 1995. The 1995 Constitution of Kazakhstan strengthened presidential power and abolished the Supreme Council, replacing it with a bicameral Parliament consisting of lower house Mäjilis and upper house Senate.[11]

As result, the 1993 Constitution became defunct and is remembered as the transitional basic law of early independence period.

See also

References

  1. ^ Koibagarov, Serik (2009-08-28). "Kazakhstan's Constitution meets modern standards and ensures sustainability". Kazinform. Retrieved 2025-08-29.
  2. ^ a b "Kazakhstan's Constitution – the basic value of the Independence". Qazaqstan Tarihy. 2014-09-01. Retrieved 2025-08-29.
  3. ^ a b Robbers, Gerhard (2007). Encyclopedia of World Constitutions. Vol. 2. New York: Facts on File. pp. 471–477. ISBN 978-0-8160-6078-8 – via Information System "PARAGRAF".
  4. ^ a b c "Kazakhstan 1993". pcwcr.princeton.edu. Retrieved 2025-08-29.
  5. ^ Мамашұлы, Асылхан (2020-01-29). ""Назарбаевтың көңілінен шықпаған Ата заң"". Азаттық радиосы (in Kazakh). Retrieved 2025-08-29.
  6. ^ "Қазақстан: іргелі мемлекеттілік және күрделі конституциялық құбылыс". Qazaq Gazetteri. 2010-10-21. Retrieved 2025-08-29.
  7. ^ a b "Қазақстан Республикасының 1993 жылғы Конституциясының мазмұны". Stud.kz (in Kazakh). Retrieved 2025-08-29.
  8. ^ Рыскожа, Болат (2009-01-29). "Конституция 1993 года, ущемляющая его полномочия, не понравилась только Нурсултану Назарбаеву". Радио Азаттык (in Russian). Retrieved 2025-08-29.
  9. ^ a b "THE CONSTITUTION OF KAZAKHSTAN PEOPLE". Qazaqstan Tarihy. 2016-10-10. Retrieved 2025-08-29.
  10. ^ Mazorenko, Dmitriy (2025-08-25). "1995 - Nursultan Nazarbayev Consolidates Power in Kazakhstan". Vlast (in Russian). Retrieved 2025-08-29.
  11. ^ Banks, Arthur S.; Day, Alan J.; Muller, Thomas C. (1998-05-31). Written at Binghamton University. Banks, Arthur S.; Muller, Thomas C. (eds.). Political Handbook of the World: 1998. Binghamton: CSA Publications. p. 490.
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