The court noted that the Constitution serves as the foundation of public authority, but allows for reforms while adhering to the principles of legal continuity. The transition to a new constitutional regime should not disrupt existing legal relationships.
According to the amendments made in 2021, the term of presidential powers is five years, with the possibility of being elected for two terms. Unlike the 2010 edition, where the president was elected for six years without the right to re-election, the current president, Sadyr Japarov, who was elected on January 10, 2021, and took office on January 28, 2021, continues to perform his duties under the new Constitution.
The court indicated that according to part 1 of article 3 of the Law "On the Constitution of the Kyrgyz Republic," the president elected in 2021 for a six-year term continues to exercise his powers in accordance with the 2021 Constitution, and the six-year term is considered the first within the limitation on the number of terms. This does not imply a reduction of the current term.
Thus, the term of the current mandate remains six years, while the five-year term applies to future elections.The Constitutional Court also clarified that early elections can only be appointed on the grounds specified in article 72 of the Constitution: resignation, impeachment, inability to perform duties due to illness, or death. Public discussions cannot serve as grounds for early elections.
The next presidential elections are scheduled for January 24, 2027, on the fourth Sunday of January. The Jogorku Kenesh must appoint them no later than four months before the voting, that is, by September 24, 2026.
Full Statement of the Constitutional Court of the Kyrgyz Republic
The Constitution of the Kyrgyz Republic is the foundation for the establishment and functioning of public authority. It must remain stable, ensuring predictability of the legal order, while retaining the ability to adapt to changes in public life and adjust the mechanisms of power in response to new challenges.The people of Kyrgyzstan, as the source of power, legitimized the new Constitution in a referendum on April 11, 2021, defining the structure of public authority.
The transition from one constitutional model to another is a natural process, and it is important that it is legally correct. A key aspect is not only the change in the text of the fundamental law but also the logic of the transition between different legal constructs.
The transitional period requires clear normative regulation, as it is during this time that the constitutional order is most vulnerable. Transitional provisions serve as a legal stabilizer, introducing guarantees that help reduce tension in the process of constitutional reform.
These guarantees ensure the manageability of the transition and the continuity of public authority.
Transitional provisions help transform a potential crisis into an organized legal process that does not undermine the legitimacy of power and does not violate the legal regulation of public relations.
The constitutional model adopted on April 11, 2021, changed not only the distribution of powers but also the legal regime of the highest state office - the presidency.
The new edition of the Constitution of 2021 established a five-year term of office with a limitation of two terms in article 67, unlike the previous edition, where the president was elected for six years without the right to re-election.
As a result, there were not only changes in the temporal parameters of powers but also a shift in the approach to limiting the presidential mandate, moving from a single-term model to a model with the possibility of re-election.
These changes are of practical significance, as the new constitutional model was introduced during the tenure of the current president, S. N. Japarov.
The president was elected under the Constitution of 2010 and took office on January 28, 2021, for a six-year term. After the new Constitution came into force, he continued to perform his duties within the changed system.
During discussions in society and among experts, different opinions emerged regarding the duration of the president's powers. The discussion boils down to whether the five-year term established by article 67 of the 2021 Constitution applies to the mandate formed during the operation of the 2010 Constitution.
The Constitutional Court emphasizes that the mandate of President S. N. Japarov is the result of the realization of popular power and represents a completed legal fact that creates a stable public-legal state.
Voting is not only the choice of a person but also the determination of the main parameters of the mandate, including the term and the procedure for exercising powers.
From a legal point of view, the mandate concludes after taking the oath to the people of the Kyrgyz Republic. From that moment, it is subject to mandatory compliance under the conditions in which it was granted.
In the context of constitutional restructuring, it is important to consider the action of norms (intertemporal applicability), ensuring the continuity of power and the legitimacy of institutions during the transitional period. The new Constitution should not interfere with already existing relationships formed under previous rules.
Thus, any interpretation that leads to a reduction of the current mandate based on the 2021 Constitution is considered unacceptable and does not comply with the principles of legal certainty.
This prohibition on retroactive reduction of the term is confirmed in the transitional provisions established upon the introduction of the 2021 Constitution. Thus, part 1 of article 3 of the Law "On the Constitution of the Kyrgyz Republic" emphasizes that the president elected in 2021 for a six-year term continues his powers in accordance with the new Constitution, and this term is considered the first within the new limitation.
Thus, this norm resolves the issues of applying the 2021 Constitution to the current president and considering the six-year term as the first under the new rule regarding two terms.
It is important to note that the counting of the term does not imply its reduction, but only the legal qualification of the mandate. Any other interpretation leads to an unlawful change in the date of the end of powers.
Therefore, the five-year term established by article 67 of the new Constitution does not apply to the presidential mandate that began during the operation of the previous Constitution. The term must conclude within the established duration - six years. The president continues his powers in accordance with the 2021 Constitution, and his six-year term is considered the first under the new rule regarding two terms.
The Constitutional Court indicates that transitional provisions have the same legal status as the main text of the Constitution and cannot be regarded on par with ordinary laws.
Regarding early elections, the court notes that the existence of discussions about the terms of the president's powers is not a basis for their appointment.
Early elections can only be held if there are grounds provided in article 72 of the Constitution: resignation, impeachment, inability to perform duties due to illness, or death. This list is closed, and any extensive interpretation is unconstitutional.
In the absence of such grounds, the scenario of early presidential elections is excluded, and regular elections must be held.
The regular elections of the president of the Kyrgyz Republic must be held in accordance with chapter 10 of the constitutional law "On the elections of the president of the Kyrgyz Republic and deputies of the Jogorku Kenesh" on the fourth Sunday of January 2027, and their appointment must be carried out by the Jogorku Kenesh no later than four months before the voting (that is, by September 24, 2026).
