The Constitutional Court received a request from the President of Kyrgyzstan asking for clarification on the provisions of the Constitution of the Kyrgyz Republic.
As noted by the press service of the Constitutional Court, this appeal became necessary due to active discussions in the expert community and society, which led to various interpretations of constitutional norms concerning the terms of office of the current president and the procedure for conducting elections.
The submitted document states that the provisions of the Law of the Kyrgyz Republic "On the Constitution of the Kyrgyz Republic," adopted in a referendum on April 11, 2021, contain ambiguities according to some specialists and can be interpreted in different ways. This concerns both the start of the president's term and its duration, which raises legal conflicts.
Disagreements among lawyers and public figures indicate the emergence of uncertainty in constitutional law, which may negatively impact the stability and legitimacy of the functioning of state institutions.
This uncertainty affects the fundamental principles of the constitutional order, such as popular sovereignty, the rule of law, and legal guarantees for conducting elections, as well as the rights of voters in Kyrgyzstan.
The existing disagreements may lead to political confrontation and undermine public trust in state institutions, increasing the risks to the legitimacy of government decisions and potentially causing social tension. There is also a threat of disputes regarding the work of bodies responsible for preparing and conducting elections and referendums.
To eliminate legal uncertainties, avoid arbitrary interpretations of the Constitution, prevent a possible crisis, and maintain citizens' trust in state structures, as well as ensure the stability of electoral processes, the President of the Kyrgyz Republic requests:
To provide an official interpretation:
— of Article 67, the second paragraph of Part 2 of Article 68, and Part 1 of Article 72 of the Constitution of the Kyrgyz Republic (as amended by the Law of the Kyrgyz Republic dated May 5, 2021) in their interrelation with other norms of the Constitution of the Kyrgyz Republic (as amended by the Law of the Kyrgyz Republic dated June 27, 2010) and the provisions of the Law of the Kyrgyz Republic "On the Constitution of the Kyrgyz Republic," adopted in a referendum on April 11, 2021;
— of the procedure and timelines for conducting regular or early presidential elections in Kyrgyzstan.
The request should be considered as a priority.
The Constitutional Court plans to review this request in writing on February 17 with priority.
