Klára Sooronkulova
Klára Sooronkulova, a former judge of the Constitutional Chamber of the Supreme Court, shared that she was asked about the likelihood of early voting in connection with the five-year term of President Sadyr Japarov.She noted: "I did not rely on laws, but expressed my opinion on the theoretical possibility of changing the situation due to the new constitutional model. On January 10, 2021, the elections were held under the 2010 Constitution, which provided for a parliamentary model with limited powers for the president. It was a semi-parliamentary republic with a strong government formed by the Jogorku Kenesh.
Since April 11, 2021, we have been voting under a new Constitution that radically changes the status and powers of the president. Presidents elected under the 2010 Constitution automatically begin to operate under the new Constitution. If the model has changed, new elections should have been held. However, the transition was legalized since we voted not only for the Constitution itself but also for the transitional provisions, where Article 3 specifies that a president elected for six years continues to exercise his powers under the new Constitution, and his term will be considered the first. I believe that theoretically, early elections are possible, but I do not know how this will be legislated," Sooronkulova emphasized.
Elmurza Satybaldiev
Elmurza Satybaldiev, a former deputy of the Jogorku Kenesh, emphasized that the discussion is focused on two constitutional norms: the old Constitution under which the current president was elected and the new one under which the state power currently operates.In his opinion, these two foundations describe the terms of presidential powers and the scope of presidential rights differently. The new Constitution includes specific clarifications regarding the terms of presidency and the possibility of nominating candidates for the highest office.
Satybaldiev identified three regulatory foundations currently in effect:
- the old Constitution;
- the new Constitution, in effect since April 2021;
- the explanatory provisions of the new Constitution regarding presidential power.
This approach would avoid various interpretations and disputes, as well as possible appeals to the Constitutional Court. At the moment, the current president has all the necessary legal and political grounds to make such a decision," he added.
Iskhak Masaliev
Iskhak Masaliev, another former deputy, noted on his social media page that history is repeating itself: in the past, the question of the right to run arose for Askar Akayev, as he had already been elected in 1990, 1991, and 1995, and then planned to run again in 2000.He recounted: "The Constitutional Court then determined that the first elections do not count, as they were held under different conditions. Thus, he was allowed to participate. A similar situation occurred with Roza Otunbayeva, when she was granted the right to run, despite the fact that she was acting as president, appointed by a group of individuals, which was absurd.
The situation now is similar. Sadyr Japarov was elected in 2021. The Constitution then defined the presidential term — one term is six years. And this is final!The same lawyers who once served Askar Akayev worked on the subsequent amendments to the Constitution, and in the transitional provisions, the right of Sadyr Japarov to run again was recorded, claiming that his six years should be counted as five.
Masaliev believes it would be more logical to hold early presidential elections rather than parliamentary ones.
"This would relieve tension among legal experts and eliminate accusations and persecutions. The sixth year of the presidency has already begun.
There is doubt: does Sadyr Japarov have the right to nominate himself in the next elections? I believe not."In conclusion, the former deputy noted that one can ignore the opinions of others, condemn, or even imprison them, but this will not resolve the issue of legitimacy," he added.
Photo on the main page is illustrative: bbc.com.
