In the document, it is noted that there are opposing opinions in public and political circles, as well as among experts, regarding the interpretation of the relevant constitutional norms. In particular, this concerns the rules that define the start and duration of the term of office of a president elected in accordance with the Constitution adopted in 2010, as well as the procedure for conducting elections.
The request also points out that some provisions of the Law "On the Constitution of the Kyrgyz Republic," which was adopted in a referendum on April 11, 2021, may be interpreted ambiguously, creating legal conflicts when applied alongside the norms of the Constitution of June 27, 2010.
See also
Early elections and the second term of the president: experts' opinions are divided
The document emphasizes that disagreements among lawyers and public figures indicate the existence of constitutional and legal uncertainty, which is critically important for the stable functioning of government institutions. This uncertainty affects the foundations of the constitutional order, the principles of popular sovereignty, the rule of law, and legal certainty, as well as the procedure and timing of elections and the electoral rights of citizens.
It is also noted in the request that maintaining such discrepancies in conditions of heightened public sensitivity to issues of power and elections may lead to political conflicts, undermine trust in state institutions, and create risks for the legitimacy of decisions made.
Furthermore, the issue of potential disputes that may arise regarding the actions of bodies responsible for organizing elections and referendums is raised.
In order to eliminate legal uncertainty and prevent a potential constitutional crisis, the president requests the court to:
- provide an official interpretation of Article 67, the second paragraph of Part 2 of Article 68, and Part 1 of Article 72 of the Constitution of the Kyrgyz Republic (as amended by the law of May 5, 2021) in their interrelation with the norms of the 2010 Constitution and the provisions of the Law "On the Constitution of the Kyrgyz Republic," adopted on April 11, 2021;
- clarify the procedure and timing for conducting regular or early presidential elections.
The Constitutional Court will consider this request as a priority in written proceedings on February 17.
