Opinions among lawyers and experts in various media on this matter differ.
For example, Klára Sooronkulova, a former judge of the Constitutional Court, believes that an announcement should be made now about the start of the election campaign. She noted that Japarov was elected in January 2021, when the 2010 Constitution was in effect.
“The new Constitution was adopted in April 2021, but the elections took place before that. Thus, the president received his powers under the old Constitution. Considering the changes made to the fundamental law, it would be logical to hold new elections to establish legitimacy. I believe it is unreasonable to wait for the end of the six-year term. According to the 2021 Constitution, the president can nominate himself without any obstacles,” she stated.
In contrast, former member of the Jogorku Kenesh Iskhak Masaliev reminded that at the time of the elections, Japarov became president based on the article of the Constitution regarding the six-year term. He added that the changes concerning the possibility of being re-elected for two terms of five years occurred later.
“Changing the rules after the people voted for the president for six years is incorrect. The law does not have retroactive effect. When the issue of dissolving the parliament was raised last year, I emphasized that it is better to hold early presidential elections rather than parliamentary ones,” he noted.
Political scientist Zainidin Kurmanov pointed out that both opinions contain a grain of truth, and to make a final decision on the matter, it should be referred to the Constitutional Court.
“Sadyr Japarov was elected under the old version of the Constitution, which is a fact. With our legal system, based on Roman-German law, old norms lose their power with the adoption of new ones. However, some believe that changes cannot annul the previous norm. This remains a contentious issue, and the final decision should be made by the Constitutional Court,” he added.
Former Prime Minister and member of the Jogorku Kenesh Felix Kulov pointed out that elections are scheduled from the moment the president's powers cease, and it is impossible to announce an early campaign while he is still performing his duties.
“Kyrgyzstan has serious international obligations, including the chairmanship in the SCO and preparation for an important summit. This requires significant organizational work. Plus, the World Nomad Games will soon take place, which will also require considerable resources. In such a situation, adding an election campaign will be extremely difficult. I believe it is wiser to hold elections within the established timeframe,” he believes.
Furthermore, Kulov expressed the opinion that there will be no worthy alternatives in the 2027 elections, and Sadyr Japarov will win again.
