Kazakhstan shifts international treaty primacy from constitution to legislation

September 7, 2026 at 09:30 AM2 min

This digest was compiled by AI from multiple sources — links to the originals are below.

Kazakhstan's new constitution, effective July 1, 2026, no longer directly states the primacy of ratified international treaties over national laws. Legal expert Assemay Koptleuova said the change shifts the mechanism for determining treaty primacy from the constitutional level to the legislative level. Previously ratified treaties remain binding under the pacta sunt servanda principle.

Key Facts

The new constitution of Kazakhstan took effect on July 1, 2026.
The 1995 constitution's Article 4 directly established the primacy of ratified international treaties over republican laws.
Assemay Koptleuova, senior researcher at the Institute of Legislation and Legal Information of the Republic of Kazakhstan, said the change does not eliminate treaty primacy but moves its determination to the legislative level.
Previously ratified international treaties remain binding under the pacta sunt servanda principle, meaning 'agreements must be kept'.

Constitutional Change

The new constitution of Kazakhstan, effective July 1, 2026, retains international treaties as part of the current law but no longer directly states their primacy over laws. The previous 1995 constitution's Article 4 explicitly established that ratified international treaties took precedence over republican laws. Assemay Koptleuova, senior researcher at the Institute of Legislation and Legal Information of the Republic of Kazakhstan, said the change should not be understood as eliminating the legal significance of international treaties. She said the main point is not to abolish treaty primacy entirely but to move it from a general constitutional rule to the legislative level.

Treaty Application Mechanism

Koptleuova explained that the place of international treaties in the national legal system may now be specified through legislation rather than a single constitutional principle applicable to all. The form of the treaty, the way Kazakhstan consented to it, and the nature of the social relations it regulates are likely to be taken into account. This allows for more flexible regulation of the mechanism for applying international treaties. International treaties remain a component of Kazakhstan's current law.

Existing Treaty Obligations

Koptleuova said the new norm does not invalidate previously accepted international obligations. The pacta sunt servanda principle in international law, meaning 'agreements must be kept', requires that an international treaty in force is binding on the parties and must be performed in good faith. Constitutional amendments do not unilaterally cancel previously accepted international obligations. Kazakhstan will continue to fulfill its international obligations under previously ratified treaties.