The Constitutional Court of the Kyrgyz Republic has received a submission from President Sadyr Japarov requesting an official interpretation of constitutional provisions concerning the term of office of the incumbent head of state and the procedure for scheduling regular or early presidential elections, the Court’s press service reported.
According to the document, the request is prompted by the emergence of diametrically opposed interpretations within the public and expert communities regarding relevant constitutional norms.
The provisions in question regulate the starting point and duration of the term of office of a president elected under the 2010 Constitution, as well as the procedure for holding regular or early elections.
The submission states that certain provisions of the Law «On the Constitution of the Kyrgyz Republic,» adopted by referendum on April 11, 2021, are viewed by some experts as open to ambiguous interpretation and potentially creating a legal conflict when applied in conjunction with the 2010 Constitution (as amended on June 27, 2010).
It is emphasized that the opposing legal positions expressed by lawyers and public figures indicate the emergence of constitutional and legal uncertainty on issues fundamental to the stable and legitimate functioning of public authorities.
According to the materials, this uncertainty affects the foundations of the constitutional order, the principle of popular sovereignty, the supremacy and direct effect of the Constitution, legal certainty, the timing and procedure of elections, as well as citizens’ electoral rights.
The document also notes that maintaining differing interpretations amid heightened public sensitivity to issues of power and elections could lead to political confrontation, undermine trust in state institutions, and create risks to the legitimacy of adopted decisions.
It further points to the possibility of disputes regarding the actions of bodies responsible for organizing and conducting elections and referendums.
In order to eliminate legal uncertainty and prevent a potential constitutional crisis, the head of state has requested the Court to:
- provide an official interpretation of Article 67, paragraph 2 of Part 2 of Article 68, and Part 1 of Article 72 of the Constitution of the Kyrgyz Republic (as amended by the law dated May 5, 2021), in their systemic relationship with the provisions of the 2010 Constitution and the Law «On the Constitution of the Kyrgyz Republic» adopted on April 11, 2021;
- clarify the procedure and timing for holding regular or early presidential elections.
The submission will be considered by the Constitutional Court on February 17 under an expedited written procedure.
