Many lawyers and experts are sharing their views on this situation in various media outlets.
Klara Sooronkulova, a former judge of the Constitutional Court, expressed the opinion that the election campaign can begin now. She reminded that Sadyr Japarov was elected in January 2021, when the 2010 Constitution was in effect.
“In April 2021, a new Constitution was adopted. However, the presidential elections took place before that, and therefore, the status and powers of the president are based on the old Fundamental Law. Amendments to the Constitution were made two months later, and in my opinion, new elections should have been held after that, as the new constitutional model changed the status and powers of the president. I believe it would be reasonable not to wait for the end of the six-year term and to hold elections. Of course, according to the 2021 Constitution, the president has the right to run for office. There are no obstacles to this. From a legal standpoint, elections to confirm legitimacy would be appropriate,” she believes.
On the opposite side of the opinions was former deputy of the Jogorku Kenesh Iskhak Masaliev, who noted that in 2021 the Constitution stated that the president could be elected only once for a term of six years.
“The constitutional reform occurred later, when the possibility of being elected for two terms of five years was established. Each voter voted for him once for six years. This is a fundamental principle. Changing the rules of the game is nothing but a repetition of Askar Akayev's mistakes. Unfortunately, there are also attempts to change the rules now. The law does not have retroactive effect. Therefore, when the issue of dissolving the parliament was discussed last year, I said that it would be better to hold early presidential elections rather than parliamentary ones. That would be more appropriate,” he added.
Political scientist Zainidin Kurmanov noted that both positions have a degree of truth, and to resolve the situation, it is worth appealing to the Constitutional Court.
“The fact remains: Sadyr Japarov was elected under the previous version of the Constitution. Our country operates under a Romano-Germanic legal system, according to which when norms change, the old ones lose their force. On the other hand, there are supporters of the opinion that subsequent changes cannot cancel out previous norms. This is a question that requires discussion. From a legal perspective, it would be optimal if the Constitutional Court provides the final decision on this matter,” he said.
Felix Kulov, a former deputy and former prime minister, reminded that elections are scheduled from the moment the president's powers cease, and one cannot simply announce an early campaign while the current president is still performing his duties.
“If we set aside theory and look at the real situation, Kyrgyzstan currently has serious international obligations. The Republic is chairing the Shanghai Cooperation Organization and is preparing for an important summit. This requires significant organizational and diplomatic efforts. Moreover, the World Nomad Games will also take place around the same time, which also requires careful preparation. In such a situation, adding an electoral campaign would be extremely difficult. I believe it is better to hold elections according to the established timelines,” he concluded.
Felix Kulov also expressed the opinion that there will be no worthy alternatives in the 2027 elections, and Sadyr Japarov is likely to win.
