It is noted that the norms of the Law "On the Constitution of the Kyrgyz Republic," which was adopted in a referendum on April 11, 2021, give rise to legal conflicts and create ambiguity regarding the commencement and duration of the terms of office of a president elected under the version of the Constitution from June 27, 2010.
In the president's submission, it is emphasized that the existence of opposing legal positions creates constitutional and legal uncertainty, which may negatively affect the legitimacy and stability of the functioning of public institutions of power. This uncertainty touches on key aspects such as popular sovereignty, the supremacy of the Constitution, legal certainty, as well as the procedure and timelines for elections and the electoral rights of citizens.
The applicant warns that the persistence of such discrepancies in the context of acute public interest in issues of power and elections may lead to political conflicts, undermine trust in government institutions, and threaten the legitimacy of decisions made by state bodies. There is also a noted risk of disputes arising regarding the actions of bodies responsible for preparing elections and referendums.
In this regard, the president requests an official interpretation of Article 67, the second paragraph of Part 2 of Article 68, and Part 1 of Article 72 of the Constitution (as amended on 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 in a referendum on April 11, 2021. Additionally, the question is raised regarding the procedure and timelines for both regular and early presidential elections.
