In the submitted document, it is indicated that various approaches to interpreting the provisions of the Fundamental Law have emerged in society and among expert circles. Some experts believe that the norms of the Law "On the Constitution of the Kyrgyz Republic," adopted in a referendum on April 11, 2021, create a legal collision and may lead to ambiguous understanding of the time of commencement and duration of the powers of a president elected under the version of the Constitution from June 27, 2010.
It is also emphasized that the existence of differing legal opinions indicates constitutional and legal uncertainty, which may negatively affect the stability and legitimacy of the functioning of state institutions. This uncertainty touches upon the fundamental principles of the constitutional order, including popular sovereignty, the rule of law, and citizens' rights to participate in elections.
According to the president's opinion, maintaining such discrepancies in the context of high public sensitivity to issues of power and elections may lead to political conflicts and undermine trust in state authorities. There is also a risk of disputes regarding the actions of the bodies responsible for organizing elections and referendums.
In this regard, the president requests an official interpretation of Article 67, the second paragraph of Part 2 of Article 68, and Part 1 of Article 72 of the Constitution (as amended on May 5, 2021) in the context of the norms of the 2010 Constitution and the provisions of the Law "On the Constitution of the Kyrgyz Republic." Additionally, the question of the procedure and timelines for holding upcoming or early presidential elections is raised.
