The Constitutional Court of the Kyrgyz Republic has received a submission from the president regarding the official interpretation of the country's Fundamental Law.
This step was prompted by active public and expert discussions, which resulted in diametrically opposed views on the constitutional norms concerning the terms of office of the current president and the procedure for holding the next or early elections.
According to the submission, some provisions of the Law "On the Constitution of the Kyrgyz Republic," which was adopted on April 11, 2021, in a referendum, raise legal contradictions and allow for various interpretations regarding the commencement and duration of presidential powers established by the Constitution of the Kyrgyz Republic as amended on June 27, 2010.
Various positions voiced by lawyers and public figures emphasize the existence of constitutional-legal uncertainty, which is crucial for the stability and legitimacy of the functioning of state institutions.
This uncertainty affects key aspects of the constitutional order, such as the principle of popular sovereignty, the supremacy and direct applicability of the Constitution, as well as the procedure and timing of elections in accordance with the Constitution and constitutional laws, which impacts the electoral rights of citizens of the Kyrgyz Republic.
It has been noted that the preservation of such discrepancies in conditions of public sensitivity could lead to political confrontation, undermine trust in state institutions, create risks for the legitimacy of government decisions, and provoke social tension. There is also a threat of disputes regarding the actions of bodies responsible for organizing elections and referendums in the country.
In order to eliminate legal uncertainty, prevent arbitrary interpretation of constitutional norms, avoid a possible constitutional crisis, and ensure the stability of the electoral process, the President of the Kyrgyz Republic requests:
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 systemic interrelation with the norms of the Constitution (as amended on June 27, 2010) and the provisions of the Law "On the Constitution of the Kyrgyz Republic," adopted in the referendum on April 11, 2021;
— of the procedure and timing for holding regular or early presidential elections. To consider this submission as a priority. The Constitutional Court will review this submission on February 17 through a written procedure as a priority.
