In the submitted document, it is noted that there is a need for clarification, as there are opposing opinions in the socio-political environment and among experts regarding the interpretation of constitutional norms. This concerns the norms that regulate the beginning and duration of the terms of the president elected according to the 2010 Constitution, as well as the procedure for conducting elections.
According to the submission, some experts point out that the provisions of the Law "On the Constitution of the Kyrgyz Republic," which was adopted in a referendum on April 11, 2021, can be interpreted ambiguously and may conflict with the norms of the Constitution that was in effect prior to that, from June 27, 2010.
It is also emphasized that the contradictory legal positions of lawyers and public figures indicate the presence of constitutional and legal uncertainty on issues that are critically important for the stable functioning of public authority. This uncertainty affects the foundations of the constitutional order, the principles of popular sovereignty, the supremacy and direct action of the Constitution, as well as the rights of citizens during elections.
The document also states that maintaining discrepancies in the context of high public sensitivity to issues of power and elections could lead to political confrontation, undermine trust in state bodies, and create risks for the legitimacy of decisions made.
Furthermore, the submission raises the issue of possible disputes regarding the actions of the bodies responsible for organizing elections and referendums.
In order to eliminate legal uncertainty and prevent a possible constitutional crisis, the president requests:
- to provide an official interpretation of Article 67, the second paragraph of Part 2 of Article 68, and Part 1 of Article 72 of the Constitution of the Kyrgyz Republic (as amended by the law of May 5, 2021) in their interrelation with the norms of the 2010 Constitution and the provisions of the Law "On the Constitution of the Kyrgyz Republic," adopted on April 11, 2021;
- to clarify the procedure and timelines for conducting regular or early presidential elections.
The request will be considered by the Constitutional Court as a priority on February 17 through a written procedure.
