The Constitutional Court of the Kyrgyz Republic has received a submission from the president regarding the need for an official interpretation of the Constitution.
This appeal has become relevant in light of active public discussions and disagreements in the expert community, where opposing opinions have formed regarding the norms concerning the terms of office of the current president, as well as the procedure for appointing regular or early elections.
The submission emphasizes that some provisions of the Law of the Kyrgyz Republic "On the Constitution of the Kyrgyz Republic," adopted in a referendum on April 11, 2021, create legal collisions and allow for various interpretations of the beginning and duration of the term of office of the president elected in accordance with the Constitution, effective with amendments from June 27, 2010.
Different legal positions expressed by lawyers and public figures indicate the emergence of uncertainty in constitutional law, which is critical for the stable and legitimate functioning of public authorities.
This uncertainty affects key aspects of the constitutional order, the principle of popular sovereignty, the supremacy and direct effect of the Constitution, as well as the procedure and timing of elections, which impacts the electoral rights of citizens of the Kyrgyz Republic.
Maintaining such disagreements in the context of high public sensitivity to issues of power may lead to political confrontation, undermine trust in state institutions, and create risks for the legitimacy of decisions made, which, in turn, may lead to social tension. There is also a noted threat of disputes arising regarding the actions of bodies responsible for organizing elections and referendums in the country.
To eliminate legal uncertainty, prevent arbitrary interpretation of the norms of the Fundamental Law, avert 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, part 1 of Article 72 of the Constitution of the Kyrgyz Republic (as amended by the Law of the Kyrgyz Republic dated May 5, 2021) in their interrelation with the 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 a referendum on April 11, 2021;
— the procedure and timing for conducting both regular and early elections of the president of the Kyrgyz Republic. To consider this submission as a priority. The Constitutional Court will consider the submission on February 17 within the framework of a written procedure as a priority.
