The question regarding the term of office of the president and the date of the next elections has now received final legal clarity. On February 17, the Constitutional Court of the Kyrgyz Republic issued a ruling on Sadyr Japarov's request for the interpretation of key articles of the Constitution. The judges explained in detail the mechanism of legal continuity, emphasizing the importance of adhering to the "rules of the game" to ensure the stability of the state system.
The decision of the highest judicial authority concludes expert discussions about the mandate received by the president from the people in 2021, which must be fully realized. This implies that the transition to a five-year term does not affect the current six-year term of Sadyr Japarov. The court also clearly stated that the next elections will take place on January 24, 2027, excluding the possibility of their early conduct in the absence of extraordinary circumstances.
The full text of the official statement of the Constitutional Court of the Kyrgyz Republic reads as follows:
“The Constitution of the Kyrgyz Republic is the foundation for the creation and functioning of public authority. It must be stable, ensuring the unity and predictability of the legal order, while remaining a living document capable of adapting to changes in society and adjusting the organization of power to new challenges without undermining its foundations.
The people of Kyrgyzstan, as the only source of power, legitimized the new Constitution in a referendum on April 11, 2021, and determined the structure of public authority. The transition from one constitutional model to another is an objective process. However, it requires legal correctness. It is important not only to change the text of the Fundamental Law but also to consider the logic of the transition from one legal construct to another.
A constitutional gap and uncertainty in the legal regime can undermine the legitimacy and stability of power, cause conflicts, and disrupt legal certainty. Thus, the key task is to ensure legal continuity during the transitional period.
The transitional period requires clear regulatory formalization, as during this time the constitutional order becomes vulnerable. Transitional provisions serve as a legal stabilizer, activating guarantees aimed at reducing instability during the constitutional reform. It is through these guarantees that the manageability of the transition and the continuity of public authority are ensured.
Transitional provisions transform a potential crisis into an organized legal process, allowing for the renewal of the Constitution to occur without undermining the legitimacy of power and without losing trust in institutions.
The new constitutional model, introduced on April 11, 2021, not only redistributed powers but also affected the legal regime of presidential authority in the Kyrgyz Republic. According to Article 67 of the new Constitution, the term of office of the president is set at five years with a limit of two terms. Unlike the 2010 Constitution, where the president was elected for six years and could not be re-elected, the new version allows for the possibility of re-election.
These changes are of practical significance, as the introduction of the new constitutional model coincided with the term of the current president, S. N. Japarov.
The president was elected under the 2010 Constitution and took office on January 28, 2021, for a six-year term. Thus, after the entry into force of the 2021 Constitution, his powers continued under the new model of authority.
However, five years after his election, discussions began in society regarding the term of his powers. The debates concern whether the five-year term established by Article 67 of the 2021 Constitution applies to the mandate formed under the 2010 Constitution, or whether the term remains the same when applying the new Constitution to further exercise of powers.
The Constitutional Court stated that the mandate of President S. N. Japarov is the result of the people exercising their power and represents a completed legal fact that establishes a stable public-legal state. Participation of the people in elections is an act of trust, awaiting full realization. The essence of voting lies not only in choosing a person but also in determining the conditions of the mandate, including the term and procedure for exercising powers.
The legal formalization of the mandate is completed with an oath to the people of Kyrgyzstan, and from that moment it must be recognized and respected under the conditions in which it was granted. In a situation of constitutional transition, it is especially important to consider the intertemporal application of norms, which ensures the continuity of power and the legitimacy of institutions.
Intertemporality in the constitutional context implies that the new Constitution should not interfere with previously established public-legal relations. The transition from one model to another should not devalue the results of previously achieved legal facts.
Thus, any interpretation leading to a reduction of the president's mandate based on the 2021 Constitution is a retroactive change of rules, which contradicts the principles of legal certainty and the legitimacy of elections.
This prohibition on retroactive reduction of the term is confirmed by the transitional provisions adopted upon the introduction of the 2021 Constitution. According to 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 new Constitution, and this term is considered the first under the new limitation on the number of terms.
However, the counting of the six-year term does not change its original parameters, including duration and end date. It only serves to apply the rule of "no more than two terms." Any other interpretation is unacceptable, as it may lead to an unlawful change in the end date of the mandate.
Therefore, the five-year term established by Article 67 of the 2021 Constitution does not apply to the mandate initiated under the 2010 Constitution. The term must conclude within the originally established duration — six years. At the same time, the president continues his powers in accordance with the new Constitution, and his six-year term is counted as the first under the new two-term rule.
The Constitutional Court also emphasizes that the transitional provisions have the same legal status as the main text of the Constitution, as they were adopted simultaneously with it. They are in unity with the Constitution and possess equal legal force. Therefore, the law containing these provisions cannot be regarded as an ordinary law.
Regarding early elections, the Constitutional Court notes that the existence of public discussions about the term of office does not create grounds for their conduct. Early elections are possible only in the event of premature termination of powers on established grounds listed in Article 72 of the 2021 Constitution: resignation, removal in accordance with the procedure, inability to perform duties due to health reasons, or in the event of death.
This list of grounds is closed, and any extensive interpretation would be unconstitutional. In the absence of such grounds, early elections cannot be held, and the regime of regular elections applies.
The regular elections for the president of the Kyrgyz Republic will take place in accordance with Chapter 10 of the Constitutional Law "On the Elections of the President of the Kyrgyz Republic and Deputies of the Jogorku Kenesh" on the fourth Sunday of January 2027 (January 24, 2027), and their appointment must be made by the Jogorku Kenesh no later than four months before the voting (no later than September 24, 2026).”
