PROPERTY RIGHTS – A CONSTITUTIONAL GUARANTEE AND A PUBLIC WELFARE

PROPERTY RIGHTS – A CONSTITUTIONAL GUARANTEE AND A PUBLIC WELFARE

17.02.2026 15:27:06 146

On February 11, 2026, the President of the Republic of Kazakhstan signed a Decree on the appointment of a republican referendum on the adoption of a new Constitution for March 15, 2026. This initiative is part of a large-scale reform aimed at modernizing the political system. The reform began with the proposal of the Head of State Kassym-Jomart Tokayev to create a unicameral Parliament and was developed through extensive public discussions. A special working group was created, and citizens sent their proposals through the e-Otinish and eGov portals. More than two thousand proposals were considered and systematized.

The new draft Constitution pays special attention to the issue of property rights. The main principle is clear: all types of property in the Republic of Kazakhstan are recognized, guaranteed and equally protected. This norm creates a solid legal foundation for economic stability, investment confidence and freedom of enterprise.

At the same time, the right to property is not absolute. The use of property must be carried out in the interests of society and the state. Compliance with environmental protection requirements, not infringing on the rights and interests of other persons protected by law is the constitutional duty of the owner. The subjects and objects of property, the scope and limits of rights are clearly defined by law. This approach ensures legal clarity and balance.

The land and its subsoil, water sources, flora and fauna, and other natural resources are declared to belong to the people. The state exercises the right of ownership on behalf of the people. In addition, land may be privately owned on the grounds, conditions, and within the limits established by law. This norm is aimed at protecting national wealth and coordinating economic turnover.

Thus, the new draft Constitution establishes the right to property not only as an economic institution, but also as a constitutional value associated with social responsibility. The main emphasis is on the combination of the principles of guaranteeing property and its fair, legal and public use.