The Constitutional Court has received a submission from the President of the Kyrgyz Republic regarding the need for an official interpretation of the Constitution.
This appeal arose in connection with active discussions in the socio-political space and among experts, resulting in diametrically opposed understandings of certain constitutional norms. In particular, this concerns the terms of office of the current president, as well as the procedure for appointing regular or early presidential elections.
As stated in the submission, some experts note that the 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 ambiguous interpretations regarding the commencement and duration of presidential powers, according to the Constitution of the Kyrgyz Republic (as amended by the Law of June 27, 2010).
The submission emphasizes that the diversity of legal opinions among lawyers and public figures indicates the presence of constitutional and legal uncertainty, which is critically important for the stability and legitimacy of the functioning of state institutions.
This uncertainty affects key aspects of the constitutional order, such as the principle of popular sovereignty, the supremacy of the Constitution, legal certainty, as well as the procedure and timing of elections in accordance with the Constitution and other constitutional laws, including the electoral rights of citizens of the Kyrgyz Republic.
Maintaining such discrepancies in the context of high public sensitivity to issues of power and elections may lead to political confrontation, undermine public trust in state authorities, create risks regarding the legitimacy of decisions made, and increase the level of social tension. There is also a threat of disagreements regarding the actions of bodies responsible for preparing and conducting elections and referendums in the country.
In order to eliminate constitutional and legal uncertainty, avoid arbitrary interpretations of the norms of the Fundamental Law, prevent a possible constitutional crisis, ensure the stability of the constitutional order, and enhance citizens' trust in state institutions, 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 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 of the Kyrgyz Republic "On the Constitution of the Kyrgyz Republic," adopted in a referendum on April 11, 2021;
— of the procedure and timing for conducting regular or early elections for the President of the Kyrgyz Republic. To consider this submission as a priority. The Constitutional Court plans to review the submission on February 17 through a written procedure in an expedited manner.
