Constitutional Reform and International Law in the Legal System of the Republic of Kazakhstan

The 2026 Constitution of Kazakhstan redefines the relationship between international and national law, abandoning the absolute priority of ratified treaties over laws while maintaining international obligations as part of current law under the supremacy of the Constitution.

A. Danelyan; K. Kantserov· Moscow Journal of International Law· 2026· DOI 10.24833/0869-0049-2026-2-239-250

The core problem

The study examines the constitutional model governing the interaction between international and national law in the Republic of Kazakhstan, which was fundamentally altered by the adoption of a new Constitution in a referendum on March 15, 2026. The relevance of this research stems from the need to theoretically reflect on Kazakhstan's departure from the previously enshrined priority of ratified international treaties over laws. The new model retains international obligations as part of current law but mediates their application through legislation and subordinates them to the supremacy of the Constitution. This shift raises critical questions about the domestic effect of international treaties, the role of the Constitutional Court, and the alignment of international norms with national sectoral legislation, particularly in criminal and criminal procedure law.

The study draws on a diverse set of materials: the texts of the Constitution of the Republic of Kazakhstan in both the 1995 and 2026 versions, normative resolutions of the Constitutional Court and the Supreme Court, sectoral legislation (criminal and criminal procedure codes), universal and regional international treaties to which Kazakhstan is a party, and doctrinal sources. Methodologically, the research employs the formal-legal method for analyzing normative texts, the comparative-legal method to contrast doctrinal concepts of monism, dualism, and coordination, and the method of doctrinal interpretation and analysis of judicial practice. This multi-method approach allows for a comprehensive assessment of how the constitutional changes affect the domestic application of international law.

Introduction

The study examines the constitutional model governing the interaction between international and national law in the Republic of Kazakhstan, which was fundamentally altered by the adoption of a new Constitution in a referendum on March 15, 2026. The relevance of this research stems from the need to theoretically reflect on Kazakhstan's departure from the previously enshrined priority of ratified international treaties over laws. The new model retains international obligations as part of current law but mediates their application through legislation and subordinates them to the supremacy of the Constitution. This shift raises critical questions about the domestic effect of international treaties, the role of the Constitutional Court, and the alignment of international norms with national sectoral legislation, particularly in criminal and criminal procedure law.

The new Constitution of Kazakhstan does not signify a rejection of international legal openness but rather a transition to a constitutionally ordered model of implementing international obligations. In this model, international treaties are applied through clearly defined domestic procedures and under the supervision of the Constitutional Court. Such an approach enhances legal certainty, preserves the structural integrity of the national legal system, and sets the perspective for further development of implementation mechanisms aimed at overcoming gaps between constitutional provisions and actual law enforcement practice. The authors argue that this balanced model ensures that international commitments are honored while maintaining the primacy of the Constitution and the sovereignty of the national legal order.

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