The Court noted that the Constitution serves as a solid foundation for public authority, allowing for changes if they comply with the principles of legal continuity and certainty. The transition to a new constitutional structure must occur without disrupting existing public legal relations.
According to the new version of the Constitution from 2021, the presidential term is five years with the possibility of re-election no more than twice. Unlike the 2010 version, where the president was elected for six years without the right to re-election, President Sadyr Japarov was elected on January 10, 2021, and took office on January 28, 2021, under the rules of the old Constitution. However, after the introduction of the new Constitution, he continued his term in accordance with its provisions.
The Court referred to Article 3 of the Law "On the Constitution of the KR," which states that the president elected in 2021 for a six-year term continues to perform his duties under the new Constitution, and this term is considered the first within the limits of term restrictions. In this case, taking into account the term, there is no reduction in the current term of office.
Therefore, the term of the current mandate remains six years, while the five-year term will apply to future presidents.The Constitutional Court also clarified that early elections are only possible if there are grounds specified in Article 72 of the Constitution, such as resignation, impeachment, inability to perform duties due to health reasons, or death. Discussions in society do not constitute grounds for holding early elections.
Regular presidential elections are scheduled for January 24, 2027, and the Jogorku Kenesh must appoint them no later than September 24, 2026.
Full Statement of the Constitutional Court of the KR
The Constitution of the Kyrgyz Republic is a fundamental regulatory document that ensures the functioning of public authority. It must remain stable to provide predictability in the legal order, while also retaining its ability to adapt to changes in society.On April 11, 2021, in a referendum, the people of Kyrgyzstan approved the new Constitution, thereby granting it legitimacy and defining the structure of power.
The transition from one constitutional model to another is a normal process in the development of the state; however, this does not exclude the need for legal correctness. It is important not only to change the text of the Constitution but also to observe the proper procedure for transitioning from one model to another.
The importance of the transitional period lies in its ability to ensure stability and predictability to avoid crisis situations during constitutional reform. Transitional provisions serve as a legal mechanism that helps mitigate risks and ensures the smoothness of the process.
Thus, the new provisions should transform a potential crisis into an organized process, allowing for the renewal of the Constitution without undermining the legitimacy of power and trust in state institutions.
The constitutional model of 2021 changed not only the distribution of powers but also the rules governing the presidency, establishing a five-year term with a limit of two terms.
In 2010, the president was elected for six years and could not be re-elected. This change implies not only a change in time frames but also an approach to limiting presidential terms.
The mentioned changes are of practical significance, as the new Constitution came into force under the conditions of the sitting president S. N. Japarov, who was elected for a six-year term. In accordance with the new Constitution, he continues to fulfill his duties.
Discussions about the presidential term in society became active after five years of his tenure. There is debate over whether the five-year term established by the new Constitution applies to the mandate received under the previous Constitution or whether the term remains as before.
The Constitutional Court emphasizes that President Japarov's mandate is the result of the people's exercise of their power and represents a completed legal fact. The people's participation in elections is an act of trust that implies full compliance with their decision.
The legal formalization of the mandate is completed by taking an oath, after which it is subject to mandatory compliance under the conditions in which it was granted.
In the context of constitutional changes, it is important that the new norms do not interfere with previously established relations between the people and the authorities. The constitutional transition should not devalue the results of previous elections.
It should be noted that any interpretation that reduces the presidential term based on the new Constitution is retroactive and incompatible with the principles of legal certainty and the legitimacy of elections.
The Law "On the Constitution of the Kyrgyz Republic" clearly states that the president elected in 2021 continues his powers according to the new Constitution, and his term is counted as the first within the new limitation.
Thus, the six-year term is not reduced but remains within the previous framework. Early elections are only possible in the cases specified in the Constitution, and discussions are not a sufficient basis for their conduct.
Regular presidential elections should be held in accordance with the legislation on January 24, 2027, and their appointment must be made no later than September 24, 2026.
