The activist also plans to appeal to the Jogorku Kenesh
Tattubububu Ergeshbaeva, a lawyer and activist, has appealed to the Constitutional Court of the Kyrgyz Republic for clarification on the terms of presidential powers in light of the new Constitution adopted on May 5, 2021. She shared this information on her social media.
She is asking the court to clarify the provisions of Articles 67 and the second part of Article 69 of the Constitution regarding the terms of office of the current president. This appeal is prompted by legal uncertainty arising from discrepancies between the text of the Constitution and the current practice following the reforms carried out in 2021.
According to Ergeshbaeva, the new Constitution clearly establishes a five-year term for the president, without any exceptions or alternative methods of calculating terms. However, after the political changes of 2020-2021, a practice emerged in which the presidential term is considered to be six years. This interpretation lacks legislative confirmation and creates a gap between constitutional norms and their application.
The lawyer emphasizes that the absence of an official interpretation leads to an arbitrary expansion of the norms of the Constitution, which can threaten the principles of legal certainty and popular sovereignty.
Ergeshbaeva noted that only authorized state bodies have the right to request official clarifications, so she expects a response from the court.
Additionally, the lawyer plans to write to the Jogorku Kenesh requesting the initiation of an official interpretation of constitutional norms on behalf of the parliament to eliminate the existing ambiguity.
Previously, 75 politicians and scholars had already sent an appeal to President Sadyr Japarov and Speaker of the Jogorku Kenesh Nurlanbek Turgunbek uulu, requesting the early holding of presidential elections.
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