Klára Sooronkulova
Klára Sooronkulova, a former judge of the Constitutional Chamber of the Supreme Court, shared her opinion on the potential early elections. She noted that due to the five-year term of Sadyr Japarov's presidency, she has been asked about the legality of such a procedure.“I did not base my opinion on laws, but expressed the theoretical possibility of this, considering the changes in the constitutional model. On January 10, 2021, elections were held under the 2010 Constitution, which implied a parliamentary model with limited presidential powers. It was a semi-parliamentary republic where a strong government was formed by the Jogorku Kenesh.
However, on April 11, 2021, we voted for a new Constitution, which radically changed the status and powers of the president. A president elected under the old Constitution begins to assume powers under the new Constitution. If the power model has changed, new elections should be held. But the transition was legalized since we voted not only for the Constitution but also for transitional provisions, where Article 3 states that the president elected for six years will exercise powers under the new Constitution, and his term will be counted as the first. I expressed my opinion that theoretically early elections are possible, but how this will be legislatively formalized, I do not know. My opinion became a topic of discussion,” Sooronkulova emphasized.
Elmurzа Satibaldiyev
Elmurzа Satibaldiyev, a former deputy of the Jogorku Kenesh, noted that the main discussion revolves around two constitutional norms: the old Constitution under which the current president was elected, and the new Constitution under which state power operates.He pointed out the differences in defining the terms of presidential powers and the scope of authority in these two documents. The new Constitution provides clarifications regarding the terms of presidential powers and the possibility of nominating candidates for the highest office.
Satibaldiyev highlighted three main normative bases currently in effect:
- the old Constitution;
- the new Constitution, which came into force in April 2021;
- the explanatory provisions of the new Constitution regulating the institution of presidential power.
Iskhak Masaliev
Iskhak Masaliev, also a former deputy, noted on his social media page that the current situation resembles events from the past. He recalled how the question of the right to run for president again arose for Askar Akayev after he was elected in 1990, 1991, and 1995, and then again in 2000.“The Constitutional Court then decided that the first elections were not counted, and he was allowed to run again. A similar situation occurred with Roza Otunbayeva, who was appointed acting president.
Today we face a similar problem. Sadyr Japarov was elected in 2021, and the Constitution at that time defined the presidential term - six years for one citizen. This is unequivocal!Next year, when amendments were made to the Constitution, the same lawyers who served Askar Akayev made changes that allowed Sadyr Japarov to run again. These six years can now be counted as five,” Masaliev concluded.
He believes that holding early presidential elections would be a more logical step than parliamentary elections.
“This would eliminate hidden tensions among lawyers and exclude the possibility of disputes. Moreover, the presidential term is about to end, and the sixth year will begin.
There is also the question: will Sadyr Japarov be able to run again in the next elections? In my opinion, no, he will not be able to.Finally, one can ignore all objections and condemn those who hold a different opinion, but this will not resolve the issue of legitimacy,” the former deputy concluded.
The photo on the main page is illustrative: bbc.com.
