As a result of the Constitutional Court meeting held on February 17, 2026, important conclusions were made regarding the legal foundations of the constitutional order in the country. The court noted that the Constitution serves as the basis for the creation and functioning of public authority. It must remain stable, ensuring the rule of law, while also being able to adapt to changes in society and respond to new challenges.
On April 11, 2021, the people of Kyrgyzstan, as the source of power, legitimized a new Constitution, defining the structure of public authority. The transition from one constitutional model to another is a normal phenomenon; however, it is important that this process is legally correct. The key significance lies not only in the text of the fundamental law but also in the logic of the transition from one model to another, which should be smooth to avoid threats to the legitimacy of power and legal certainty.
Thus, transitional provisions become necessary to ensure stability in the context of constitutional change, acting as a legal stabilizer and allowing for a reduction in tension during the reform period. They should transform a potentially crisis situation into an organized process that does not undermine the legitimacy of power or disrupt legal relations.
The 2021 Constitution not only redistributed powers but also changed the rules for the presidency. In the new edition, the presidential term is set at five years with a limit of two terms. Unlike the old Constitution, where the term was six years and re-election was prohibited, the new rules allow for re-election after one term.
These changes have practical significance, as the new Constitution was adopted while the current president, S.N. Japarov, was in office, having been elected for a six-year term under the 2010 Constitution. Thus, after the adoption of the new Constitution, his powers continued within the framework of the new system.
Since the new Constitution came into force, various opinions have been discussed regarding the presidential term limits. The main question is whether the five-year term applies to the presidential mandate obtained under the old rules or if it retains its original parameters.
The Constitutional Court noted that the mandate of President S.N. Japarov is the result of the people exercising their power. Citizens' participation in elections is an act of trust, and it should be respected by maintaining the original parameters of the mandate.
In the context of constitutional transformation, the intertemporal nature of norms is important, ensuring the continuity of power and the legitimacy of institutions. The new Constitution should not change the conditions under which previously existing mandates were established. Changing the rules retroactively contradicts the principle of legal certainty.
According to the transitional provisions enshrined in the Law "On the Constitution of the Kyrgyz Republic," the president elected in 2021 for a six-year term continues to perform his duties under the new Constitution, and this term will be considered the first under the new two-term rule.
The Constitutional Court emphasizes that this approach does not affect the original parameters of the mandate. Therefore, the term of office established by Article 67 of the new Constitution does not impact the mandate that began under the conditions of the old Constitution — six years for a president elected before 2021.
Regarding early elections, the Constitutional Court indicated that they are only possible in the case of premature termination of powers based on strictly defined grounds specified in the Constitution. If such grounds do not exist, presidential elections must be held according to the established procedure.
The next presidential elections in Kyrgyzstan are scheduled for January 24, 2027, and their appointment must be made by the Jogorku Kenesh no later than September 24, 2026.
