The Evolution of Kazakhstan’s Legal Framework: Blending Islamic, Roman, and Soviet Traditions into a Modern Legal System

  • Saira Ali
  • Arooj Azeem Afridi
  • Fatima Zehra

Abstract

Kazakhstan, a transcontinental republic in Central Asia and Eastern Europe, boasts a rich blend of cultures and a legal system deeply rooted in its complex history. Following its declaration of independence in 1991, Kazakhstan adopted its Constitution in 1995 through a nationwide referendum. This Constitution forms the bedrock of its legal framework, blending elements of Islamic, Roman, and Soviet laws into a modern legal system. Kazakhstan's legal code is comprehensive and includes constitutional, administrative, civil, criminal, labor, and taxation laws, with significant amendments reflecting political and social reforms. The bicameral parliament, comprising the Senate and the Majilis, governs the legislative functions, while the President is the head of state, ensuring the implementation of domestic and foreign policies. The judiciary is independent, with the Supreme Court at its helm, supported by local courts. The Constitutional Council, tasked with ensuring the supremacy of the Constitution, plays a pivotal role in interpreting laws. Significant amendments over the years, particularly in 1998, 2007, 2011, and 2017, have shaped Kazakhstan's legal landscape, enhancing parliamentary authority, protecting human rights, and establishing a special legal regime in the capital. This paper provides a comprehensive overview of Kazakhstan’s evolving legal system, its key institutions, and the significant reforms that have shaped its governance and justice system.

Published
2024-09-21