The Constitutional Court received a submission from the President of the Kyrgyz Republic requesting clarification of the norms of the Basic Law.
The press service of the Constitutional Court reports that the need for this appeal was prompted by intense public discussions that led to various interpretations of constitutional norms related to the terms of presidential powers and the rules for conducting elections.
The document states that the provisions of the Law of the Kyrgyz Republic "On the Constitution of the Kyrgyz Republic," adopted in the referendum on April 11, 2021, create legal collisions and allow for ambiguous interpretations of the commencement and duration of the powers of the president elected in accordance with the Constitution of the Kyrgyz Republic (as amended on June 27, 2010).
It is noted that various legal opinions expressed by lawyers and public figures indicate the existence of uncertainty in constitutional law, which may negatively affect the stability and legitimacy of government bodies.
According to the submitted data, this uncertainty touches upon the fundamental principles of the constitutional order, including popular sovereignty, the rule of law, and the direct action of the Constitution, as well as the rights of citizens in the electoral process, according to the Constitution and constitutional laws.
It is emphasized that the persistence of such discrepancies in the context of increased public interest in issues of power and elections may lead to political confrontation and undermine citizens' trust in state institutions. This also creates risks for the legitimacy of decisions made by the authorities and increases social tension. Moreover, there is a threat of disputes regarding the actions of the bodies responsible for preparing and conducting elections and referendums.
In order to eliminate legal uncertainty, prevent arbitrary interpretation of the norms of the Basic Law, and ensure the stability of the electoral process, the President of Kyrgyzstan requests:
Official interpretation:
— Article 67, the second paragraph of part 2 of Article 68, 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 relevant norms of the Constitution of the Kyrgyz Republic (as amended by the Law of June 27, 2010) and the provisions of the Law "On the Constitution of the Kyrgyz Republic," adopted in the referendum on April 11, 2021;
— the procedure and timelines for conducting regular or early elections for the President of the Kyrgyz Republic.
The appeal will be considered by the Constitutional Court as a priority on February 17 through a written procedure.
