Klára Sooronkulova
Former judge of the Constitutional Chamber of the Supreme Court Klára Sooronkulova reported that she was asked about the likelihood of early elections in light of Sadyr Japarov's five-year presidential term.In her opinion, without referencing laws, such a possibility theoretically exists due to changes in the constitutional model. "On January 10, 2021, we elected a president under the 2010 Constitution, which provided for a parliamentary model with limited presidential powers. The country functioned as a semi-parliamentary republic with a strong government formed by the Jogorku Kenesh," she explained.
According to the new rules adopted on April 11, 2021, the status and powers of the president were significantly changed, and, in Sooronkulova's opinion, if the power model has changed, new elections should have taken place. However, as she noted, the changes were legalized since voting was conducted not only on the Constitution but also on transitional provisions. Article 3 of the new Constitution states that a president elected for six years must act in accordance with the new Constitution, and his term will be counted as the first. "I expressed my opinion on the theoretical possibility of early elections, but I do not know how this will be legally formalized," Sooronkulova added.
Elmurza Satybaldiev
Elmurza Satybaldiev, a former deputy of the Jogorku Kenesh, noted that the discussion is focused on two constitutional norms — the old Constitution, under which the current president was elected, and the new one, under which state power operates.He pointed out the differences in the terms of presidential powers and their scope in these two documents. The new Constitution contains clarifications regarding the terms and the possibility of nominating candidates for the presidency.
Satybaldiev emphasized that there are currently three fundamental documents:
- the previous Constitution;
- the new Constitution, in effect since April 2021;
- explanatory provisions of the new Constitution concerning presidential power.
Iskhak Masaliev
Iskhak Masaliev, a former parliament deputy, noted on his social media page that history is repeating itself: many years ago, questions also arose for Askar Akayev regarding his right to run for president after several terms."The Constitutional Court then decided that previous terms do not count, as they were held under different conditions, and he was allowed to run. Similarly, Rosa Otunbayeva was elected under 'transitional provisions,' appointed by a group of individuals," Masaliev reminded.
He noted that the situation is similar now. Sadyr Japarov was elected in 2021 when the old Constitution was in effect, which limited the presidential term to six years. "Now, with changes made to the Constitution, the transitional provisions have fixed Japarov's personal right to run again," he added.In Masaliev's opinion, it would be logical to hold early presidential elections instead of parliamentary ones to avoid tension and disputes among lawyers. "When the term expires, the question arises whether Japarov has the right to run again," he concluded.
In my opinion, he does not have such a right," the former deputy stated.Photo on the main page is illustrative: bbc.com.
