The CEC is authorized to clarify

**The CEC is Authorized to Clarify**

The discussion regarding the upcoming presidential elections in Kyrgyzstan is gradually shifting from general political forecasts to strict legal analysis.

The catalyst for a new wave of discussions was a statement by the Chairman of the Central Commission for Elections and Referenda, Tynchtyk Shainazarov. First, the head of the CEC outlined the agency's position in a comment to the Kyrgyz Service of RFE/RL — "Radio Azattyk," noting that the incumbent president, Sadyr Japarov, has the right to participate in the elections in January 2027 without stepping down from his post.

At the same time, the legal details of such a decision triggered an expected response within the expert community. To understand exactly on what legal basis this scheme is built and why it became possible specifically now, the editorial office of Asia-Today turned to the head of the CEC himself, as well as to the country's leading lawyers and political scientists, for detailed explanations.

An additional impetus to the discussion was provided by the fact that even before the comments of the Central Election Commission, a similar position was publicly voiced by the Speaker of the Jogorku Kenesh, Marlen Mamataliev. In an August interview with journalist Ali Toktakunov, the parliament speaker virtually dismissed the question of who would lead the country during the election campaign period. Mamataliev explained that the current legislation of Kyrgyzstan does not require the president to temporarily delegate his powers; therefore, after registering as a candidate, Japarov will continue to work as usual, and all three branches of government will operate without interruption.

This situation differs significantly from the events of autumn 2020 and early 2021. Back then, following a political crisis, Japarov served as acting head of state while remaining prime minister. The previous Constitution explicitly prohibited an acting president from running for the highest state office, so before the January 2021 elections, he had to resign his powers and transfer them to the speaker of parliament, Talant Mamytov.

Following the adoption of the 2021 Basic Law and the subsequent harmonization of electoral legislation, the legal framework changed substantially. Amendments signed in July fixed the election date for the fourth Wednesday of January of the year in which the term of office expires, setting the target for January 27, 2027.

### The CEC's Position: By the Letter of the Law

In his comment, CEC Chairman Tynchtyk Shainazarov explained in detail the legal logic on which the electoral body's decision is based. Disclosing the regulatory framework, the head of the Central Election Commission pointed out that the norms of the current specialized law clearly separate categories of public servants when registering as candidates. For political servants, the suspension of duties is mandatory; however, deputies and the head of state are direct exceptions to this rule.

"According to Part 2 of Article 21 of the constitutional Law of the Kyrgyz Republic 'On Elections of the President of the Kyrgyz Republic and Deputies of the Jogorku Kenesh of the Kyrgyz Republic,' state political servants suspend the execution of their official or service powers from the moment of nomination as candidates, with the exception of deputies of the Jogorku Kenesh and the president," Shainazarov explained.

Developing his legal argument, Shainazarov emphasized that this is not an innovation or an exception created for a specific political situation, but a long-standing norm of national electoral law. "This legal practice is traditional for the country's electoral system: a similar norm was in force in the Election Code from 1999 to 2011 and was preserved in the currently active constitutional Law," said the head of the CEC.

### Experts' View: Risks and Strategy

The legal clarity voiced by the leadership does not resolve the political questions that arise among professional analysts. The experts commenting on the situation were divided in their assessments: ranging from pointing out direct risks of imbalance to deep strategic analysis of institutional behavior.

Political scientist Mars Sariev, analyzing the situation, urged not to jump to conclusions about the authorities' intentions, noting that the CEC's legal interpretation is entirely lawful, but politically the issue provokes a sharp reaction from society. He emphasized that combining office with participation in a race is practiced even in leading democracies, such as the US, but for Kyrgyzstan, the decisive factor will be not so much the formal legal scheme as the public perception of a level playing field and the real competitiveness of the campaign.

In addition, Sariev warned of potential electoral risks: if citizens become convinced that administrative resources are being used, this will become an irritating factor and push fragmented opponents to unite.

"I would not automatically interpret the CEC's decision as evidence of an intention to use administrative resources. From a legal point of view, we are talking about the interpretation of existing norms; however, politically, this issue is much more sensitive. A part of society will inevitably raise the question: how equal will the conditions be for all candidates if the incumbent president simultaneously retains his powers and participates in the election campaign," the expert reasons.

Continuing his thought, he resorted to a strategic analogy with the ancient Eastern game of Go, noting that holding a key position allows one to control the board, but excessive control and an overly stretched line can create vulnerabilities. An overly obvious advantage for the authorities, according to him, could push rivals to unite around a common anti-government scenario. The outcome of the elections, he believes, will depend on whether the authorities manage to convince society of the transparency of the process: if there is trust, retaining the post will work as a plus, while doubts will turn this advantage into the main factor for the consolidation of the opposition.

A completely different, purely legal emphasis in assessing the situation is made by former judge of the Constitutional Chamber Klara Sooronkulova, who points to a fundamental conflict in electoral law.

Taking a firm legal stance, Sooronkulova stated that such a framework inherently undermines the principle of equal opportunities by granting the incumbent head of state a significant set of advantages, and therefore, to create a level playing field, the correct step would be at least a formal resignation of powers.

"In any case, the entire system will work in such a way that he passes. The principle of equality is distorted here. If the law allows him not to step down from his presidential powers, then it violates the principle of equality. Candidates must be in an equal status, but here an individual candidate will have significantly more privileges, so there must be a different mechanism here. At least formally on equal terms. Of course, in this case, it would be correct to resign powers," Sooronkulova commented.

### Elections-2027: Between Stability and Trust

An analysis of the regulatory framework and expert assessments shows that the decision to keep Sadyr Japarov at the helm of the state for the period of the 2027 campaign lies at the intersection of two opposing logics — state-security and political-competitive.

From the perspective of the current authorities and supporters of a strong presidential vertical, retaining powers is a matter of continuity of governance and national security. In the history of Kyrgyzstan, transition periods and temporary transfers of power have repeatedly become points of high turbulence, where the dilution of responsibility provoked administrative chaos. In the context of an active foreign policy and unfinished domestic reforms, even a temporary departure of the head of state for two months could create a dangerous power vacuum and reduce the controllability of key processes.

But the reaction of society and political elites will be determined by a different criterion — the level of trust in the procedure itself. For the part of the population that values stability, Japarov retaining his post will be a guarantee that the elections will be held under state control, without destabilizing the situation and street protests. For critical groups and civil society, this same step may become a symbol of a "foregone conclusion."

Ultimately, the authorities face a delicate task: to use the retention of powers not to pressure opponents, but to demonstrate complete confidence in their own strength. If the January 2027 elections are held in compliance with all open procedures, and the CEC manages to prove its impartiality, the incumbent president will be able to turn institutional continuity into flawless legitimacy for a second term. If, however, the balance shifts toward abuse, the legal victory could turn into a serious test for the country's entire political system.