On February 17, the Constitutional Court of the Kyrgyz Republic issued a final ruling on the powers of the president and the timing of the next elections. The judicial body reviewed a request from Sadyr Japarov and clarified key articles of the Constitution. The judges emphasized the importance of adhering to the "rules of the game," which ensures the stability of the state system.
The decision of the Constitutional Court concludes the debates among experts: the mandate obtained by the president in the 2021 elections must be fully preserved. This implies that the transition to a five-year term does not cancel the current six-year mandate of Sadyr Japarov. The court also established the date for the next elections — January 24, 2027, while the possibility of early elections is excluded in the absence of extraordinary circumstances.
The full text of the official statement from the Constitutional Court of the Kyrgyz Republic is as follows:
“The Constitution of the Kyrgyz Republic serves as the foundation for the formation and functioning of state power. It must remain stable, ensuring the unity of the legal order, while also being adaptive to changes in public life and building mechanisms of power that respond to new challenges without undermining its foundations.
The people of Kyrgyzstan confirmed the legitimacy of the new Constitution and determined the structure of power through a referendum on April 11, 2021. The transition from one constitutional model to another is permissible; however, it is important that this occurs legally correctly. Changing the text of the Fundamental Law is important, but even more significant is how the transition from one model to another is carried out.
A constitutional rupture can threaten the legitimacy of power, create legal uncertainty, and disrupt the rule of law. Therefore, it is necessary to ensure legal continuity when changing constitutional orientations.
An important aspect is the proper arrangement of the transitional period, during which the rule of law is most vulnerable. Transitional provisions act as a legal stabilizer, introducing guarantees that minimize risks during the constitutional reform period. Such guarantees ensure the manageability of the transition and the continuity of power.
Transitional provisions help transform a potential crisis phase of constitutional change into an organized process, where updates occur without undermining the legitimacy of power and trust in state institutions.
The model of the Constitution adopted as a result of the referendum on April 11, 2021, did not limit itself to the redistribution of powers but also affected the rules for electing the president of the Kyrgyz Republic. The new version of the Constitution (Article 67) establishes a five-year term and a limit of two terms. Unlike the 2010 Constitution, where the president was elected for six years and could not be re-elected, the new model allows for re-election.
Thus, changes occurred both in the terms of office and in the approach to limiting them, which has become relevant in light of the current presidential mandate of S. N. Japarov.
The president of Kyrgyzstan was elected according to the 2010 Constitution and took office on January 28, 2021, for a term of six years. After the new Constitution of 2021 came into force, he continued to perform his duties within the framework of the new model of power.
Five years after the elections, discussions began about the terms of the president's powers. The main question is whether the five-year term established by Article 67 of the 2021 Constitution applies to the mandate obtained during the operation of the 2010 Constitution, or whether the current mandate remains within the previous framework.
The Constitutional Court concluded that the mandate of President S. N. Japarov is the result of the people exercising their power and represents a legal fact that creates a stable legal state. The participation of the people in elections is an act of trust, implying the full realization of their decision. Voting is not just a choice but a determination of the parameters of the mandate, including the term and the procedure for its execution.
From a legal point of view, the mandate ends at the moment of taking the oath, after which it must be executed under the conditions in which it was issued.
In the context of constitutional change, it is important to consider the intertemporal effect of norms as a mechanism ensuring the continuity of power and the legitimacy of institutions. The new Constitution should not retroactively alter existing legal relationships that arose in accordance with previous norms. Thus, the constitutional transition should not be used to devalue the previously established legal status.
Therefore, any interpretation that shortens the current mandate of the president based on the new Constitution is unacceptable and contradicts the principles of legal certainty and the legitimacy of elections.
This prohibition on retroactive change is enshrined in the transitional regulation of the new Constitution. Part 1 of Article 3 of the Law "On the Constitution of the Kyrgyz Republic" states that the president elected in 2021 for a six-year term continues to perform his functions in accordance with the new Constitution, with this term being the first under the new limit on the number of terms. Thus, this provision of the law resolves issues regarding the application of the new Constitution to the current powers of the president and considers the six-year term as the first in the new system.
The Constitutional Court emphasizes that the inclusion of the six-year term as the first under the new Constitution pertains only to the legal qualification of the mandate and does not affect its original parameters, including the term and the moment of completion. This inclusion does not imply a recalculation or reduction of the term but serves only for the application of the two-term rule. Any other interpretation would be unlawful and lead to a change in the end date of the mandate.
Thus, the five-year term established by Article 67 of the new Constitution does not apply to the mandate that began under the 2010 Constitution. It will end at the previously established six-year term, while the current president continues to perform his duties according to the new Constitution, and his term will be considered the first under the new two-term rule.
The Constitutional Court notes that the transitional provisions have the same status as the main text of the Constitution, as they were adopted simultaneously and have equal legal force. Therefore, the law concerning transitional provisions cannot be regarded as an ordinary law.
Regarding early elections, the Constitutional Court clarifies that the current discussions about the terms of the president's powers do not create grounds for their conduct. Early elections are possible only in the event of termination of powers for clearly established reasons listed in Part 1 of Article 72 of the new Constitution: upon resignation, removal from office, or inability to perform duties due to health reasons or in the event of death.
This list of grounds is closed; any expansion of its interpretation would be unconstitutional. In the absence of such grounds, conducting early elections is legally impossible, and the regular electoral cycle applies.
Regular elections for 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 (January 24, 2027), and their appointment must be carried out by the Jogorku Kenesh no later than four months before the voting day (i.e., no later than September 24, 2026).”
