The Constitution of the Republic of Kazakhstan (2026): The Legal Nature and Ethics of Intergenerational Solidarity

Abstract

The article is devoted to the new Constitution of the Republic of Kazakhstan (2026), the constitutional regulation of issues of collective memory, responsibility towards future generations, and the role of archives in the commemorative function of the state. It presents the contemporary interpretation of the term “constitution” in both political and historical-legal contexts. The author notes that the 2026 Constitution of the Republic of Kazakhstan for the first time clearly defines the historical path and civilizational foundations of Kazakh statehood. The basis of the constitutional content of obligations to future generations is linked by the author to international legal instruments. The Constitution of the Republic of Kazakhstan contributes to the protection of the interests of future generations of Kazakhstan’s citizens at both the national level and within the international system. It also opens up opportunities for forecasting and understanding the impact of collective memory on society’s shared perceptions of the historical past across multiple generations. The author emphasizes the active role of archives in commemoration processes. Archives create a scholarly and value-based approach to the historical past and contribute to the development of a conventional interpretation of events and facts. They may facilitate the formation of collective memory at the state, research, educational, public, and other levels. The article provides a detailed analysis of the articles of the Basic Law of the Republic of Kazakhstan concerning various aspects of human and civil rights and freedoms, including the protection of human rights in the digital environment. The provisions of the Preamble and the cultural rights enshrined in the Constitution are also examined in detail. The provisions of the new Constitution mark the completion of the transformation of the institutional foundations of the state and the transition to a new constitutional model. The draft of the new Basic Law reflects contemporary social values and principles of state policy, laying long-term foundations for the further progressive development of the country.