In her appeal, Ergeshbaeva noted that the Constitution establishes a five-year term for the president; however, during the constitutional reform process, including the Law of March 12, 2021, No. 31 "On Appointing a Referendum on the Draft New Law 'On the Constitution'," there arose an understanding that a president elected in 2021 could hold office for six years.
Additional uncertainty highlighted by the lawyer relates to the provision of Part 2 of Article 69, which states that the powers of the president end with the commencement of work by the newly elected leader. The lack of clarity regarding the duration of the presidential mandate jeopardizes the stability of the electoral process and the order of appointing the next elections.
Ergeshbaeva also drew attention to the timelines of 2021: the presidential elections took place on January 10, while the new version of the Constitution was approved in a referendum on April 11 and came into force on May 5. Thus, the president was elected according to one version of the Constitution but began to exercise powers already under another, which does not clarify the term of the mandate.
In her petition, the lawyer emphasizes that this legal uncertainty affects the foundations of the constitutional order and the principles of popular sovereignty, as well as impacts the realization of citizens' electoral rights.
She urges the Constitutional Court to provide a clear and binding interpretation of the specified norms, determine when the presidential term begins, and clarify whether it is possible to change the length of the mandate under transitional regulations.
The Constitutional Court has accepted the document for consideration, and there is currently no response regarding the possibility of its analysis.
Meanwhile, deputies of the VII convocation of the Jogorku Kenesh have approved a law to schedule presidential elections for January 24, 2027. However, there has been public discussion about the possibility of holding early elections: 75 politicians, including former and current officials, as well as representatives from culture and healthcare, have issued an open letter proposing early elections. The presidential administration has not yet provided comments on this matter.
