In its decision, the court emphasized that the Constitution, as the foundation of public authority, can only be amended within the framework of legal continuity and stability, without undermining existing public legal relations.
According to the new version of the Constitution of 2021, the term of office for the president is set at five years with the possibility of re-election for no more than two terms. Unlike the Constitution of 2010, where the president was elected for six years without the right to re-election, the current president Sadyr Japarov was elected on January 10, 2021, under the old Constitution and began his duties on January 28, 2021. After the new Constitution came into force, he continued to work within the new system.
According to part 1 of Article 3 of the Law "On the Constitution of the Kyrgyz Republic," the president elected in 2021 for a six-year term continues his powers in accordance with the 2021 Constitution, and this term will be counted as the first under the new term limits. However, this does not mean a reduction in the duration of his powers.
Thus, the current mandate retains its duration of six years, while the five-year term will apply only to new presidential mandates.The court also indicated that early elections can only be scheduled in cases provided for by Article 72 of the Constitution, such as resignation, impeachment, or inability to perform duties due to illness or death. Public discussions cannot serve as grounds for early elections.
Regular presidential elections are to be held on January 24, 2027, on the fourth Sunday of January. The Jogorku Kenesh must schedule them no later than September 24, 2026, four months before the voting.
Full text of the statement from the Constitutional Court of the Kyrgyz Republic
The Constitution is a fundamental regulatory document that ensures the functioning of public authority. It must remain stable and predictable, but it should also adapt to changes in public life.The people of Kyrgyzstan, as the sole source of power, approved the new Constitution on April 11, 2021, in a referendum, which gave it legitimacy and defined the structure of public authority.
The transition from one constitutional model to another is a normal process, but it must be legally correct. It is important not only to change the text of the Constitution but also to consider the method of transition from one model to another.
Transitional provisions play an important role in this process; they serve as a legal stabilizer that helps avoid turbulence during constitutional reform.
These provisions help transform a potential crisis into an organized process, allowing for the updating of the Constitution without compromising the legitimacy of power and the rule of law.
The new Constitution of 2021 not only changed the distribution of powers but also revised the legal regime of the presidency, establishing a five-year term and a limit of two terms.
Unlike the Constitution of 2010, where the president was elected for six years, the new model allows for re-election.
These changes were significant as the new Constitution came into force at a time when the incumbent president S. N. Japarov was already performing his duties.
The President of the Kyrgyz Republic was elected according to the Constitution of 2010 and began his duties on January 28, 2021, for six years. With the entry into force of the 2021 Constitution, he continued to work within the new system.
Discussions arose in society regarding the duration of his powers. The main question was whether the five-year term established by the new Constitution applies to the mandate received under the old rules or if the original term remains.
The Constitutional Court concluded that President Japarov's mandate is a result of the people's exercise of their power and remains within the framework of the original conditions.
Voting is not only the choice of a person but also the determination of the conditions of the mandate, including the term and the procedure for exercising powers.
The president's mandate ends upon taking the oath, and it must be recognized and respected under the conditions in which it was granted.
It is important that new norms do not interfere with already established legal relations, allowing for the preservation of the legitimacy of power during the transitional period.
Changes to the Constitution must occur without violating legal norms; otherwise, this may lead to the invalidity of election results.
The specified intertemporal prohibition on changing terms is confirmed by the norms of transitional regulation established upon the introduction of the 2021 Constitution. Part 1 of Article 3 of the Law "On the Constitution of the Kyrgyz Republic" states that the president elected in 2021 continues his powers in accordance with the new Constitution, and this term will be counted as the first term under the new rules.
Thus, the six-year term of President Japarov remains in effect, and his powers continue in accordance with the new Constitution.
The Constitutional Court emphasizes that discussions about terms are not grounds for early elections.
Early elections are only possible in the case of resignation, impeachment, or health issues, as clearly stated in Article 72 of the new Constitution.
This list of grounds is closed, and any expansion of it would be unconstitutional.
In the absence of such grounds, early presidential elections cannot take place and must be conducted within the regular electoral cycle.
Regular presidential elections in Kyrgyzstan are to be held on January 24, 2027, and their scheduling must be done no later than September 24, 2026.
