The document states that the Constitution establishes a five-year term for the president; however, during the preparation and implementation of the constitutional reform, including the Law of the Kyrgyz Republic dated March 12, 2021, No. 31 on holding a referendum on the draft of the new Constitution, an interpretation was allowed according to which the president elected in 2021 may serve for six years.
Additional complexity arises in connection with the second part of Article 69 of the Constitution, which states that the powers of the president cease upon the assumption of office by the new head of state. Due to the lack of a clear understanding of the presidential term, it is unclear how subsequent elections will be scheduled, which may affect the stability of the electoral process.
Furthermore, Ergeshbaeva draws attention to the timelines of 2021: the presidential elections took place on January 10, while the new text of the Constitution was approved in a referendum on April 11 and came into effect on May 5. This led to a situation where the president was elected under one version of the Constitution, while his further powers are governed by another version that does not contain clear norms regarding the extension or recalculation of the mandate.
In her petition, the lawyer emphasizes that the existing legal uncertainty affects the foundations of the constitutional structure, the principles of popular sovereignty and the rule of law, and may also impact the realization of citizens' electoral rights.
Ergeshbaeva requests that the Constitutional Court provide an official and binding interpretation of the specified norms of the Constitution, determine the moment of commencement of the presidential mandate, and clarify the possibility of changing its duration in a transitional period.
The petition has been registered with the Constitutional Court; however, there has been no information yet regarding the possibility of its consideration.
Deputies of the VII convocation of the Jogorku Kenesh approved the law on scheduling presidential elections for January 24, 2027. Nevertheless, ideas for holding early elections are actively discussed in society: an open letter has emerged from 75 politicians, both former and current, as well as representatives of culture and healthcare, proposing to hold such elections. The presidential administration has not yet commented on this appeal.
