The Constitutional Court noted that the Constitution is the foundation for the establishment and functioning of public authority. It must be stable, ensuring the unity of the legal order while remaining adaptable to changes in society. The people of Kyrgyzstan, as the source of power, approved a new Constitution in a referendum on April 11, 2021, which marked the beginning of a change in the structure of public authority.
The transition from one constitutional model to another is a normal process; however, it must be legally justified. It is important not only to change the text of the Basic Law but also to ensure consistency and stability in the legal order. A constitutional rupture can negatively affect the legitimacy of power and disrupt legal certainty. Thus, the key task is to maintain legal continuity during moments of change in constitutional foundations.
Particular attention should be paid to the transitional period when rights and obligations may be vulnerable. Transitional norms should act as a legal stabilizer, introducing guarantees to minimize risks during the constitutional reform process. Thanks to these guarantees, manageability and continuity of public authority can be ensured.
Transitional provisions help turn a potential crisis into an organized process, where changes to the Constitution occur with respect for the legitimacy of power and without disrupting legal regulation.
The new version of the Constitution, adopted in 2021, amended the terms of office for the president, establishing a five-year term and limiting the number of terms to two. Previously, according to the 2010 Constitution, the president was elected for six years, and the same person could not hold this position twice.
The change in the terms of office for the president became relevant in light of the fact that the current president, S.N. Japarov, was elected under the 2010 Constitution and took office on January 28, 2021, for a six-year term. With the entry into force of the new Constitution, his powers continue within the framework of the new architecture of power.
As five years have passed since his election, discussions have arisen in society regarding how to interpret the term of his office. The main question is whether the five-year term established by Article 67 of the 2021 Constitution applies to the mandate received under the 2010 Constitution.
The Constitutional Court concluded that the president's mandate is the result of the people exercising their power and represents a completed legal fact. The participation of the people in elections is an act of trust, which implies that all parameters of the mandate, including its term, will be respected.
The legal formalization of the mandate is completed at the moment of taking the oath to the people. From that moment, the mandate is subject to mandatory recognition in the parameters that were established at the time of its granting. In the context of constitutional changes, it is important that new norms do not violate already existing public legal relations that arose earlier.
The Constitutional Court emphasized that an interpretation leading to a reduction of the current president's mandate based on the 2021 Constitution is a retroactive change of rules, which is unacceptable. The prohibition on retroactive changes to terms is confirmed by the norms established when introducing the new Constitution. In particular, Article 3 of the Law "On the Constitution of the Kyrgyz Republic" clearly states that the president elected in 2021 for six years continues to perform his duties in accordance with the new Constitution.
This situation resolves issues regarding the application of the 2021 Constitution to the continuing powers of the president and considers his six-year term as the first under the new rule of two terms.
Furthermore, the Constitutional Court noted that transitional provisions have the same legal force as the main text of the Constitution, as they were adopted simultaneously with it based on the results of the referendum. Transitional norms cannot be regarded as ordinary laws.
Regarding early elections, the Constitutional Court indicated that the existence of public discussions about the president's term does not provide grounds for holding them. Early elections are only possible in the case of premature termination of powers for strictly defined reasons listed in the 2021 Constitution.
Thus, if there are no such grounds, the scenario of early presidential elections is excluded, and elections must be held according to the established schedule. The next presidential elections of the Kyrgyz Republic are scheduled for the fourth Sunday of January 2027 (January 24, 2027), and their appointment must be made by the Jogorku Kenesh no later than four months before the voting (by September 24, 2026).
