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=== 2007 constitution === |
=== 2007 constitution === |
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{{main|2007 Constitution of Kyrgyzstan}} |
{{main|2007 Constitution of Kyrgyzstan}} |
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A new [[constitution of Kyrgyzstan]] was passed by referendum on 21 October 2007. It is based on the first post-Soviet constitution originally adopted on 5 May 1993. |
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The 1993 constitution had been amended several times: first on 10 February 1996, then on 2 February 2003, and finally twice in quick succession on 9 November 2006 and 15 January 2007 after the [[Tulip Revolution]] of March 2005. The last two amendments were adopted under pressure from protracted public protests in the capital [[Bishkek]], but they were annulled in September 2007 by the Constitutional Court, which restored the 2003 constitution and paved the way for another constitutional referendum in October 2007. The description that follows is based on the text of the October 2007 constitution.<ref>[http://www.gov.kg/index.php?option=com_content&task=view&id=56&Itemid=37 Constitution of the Kyrgyz Republic] {{Webarchive|url=https://web.archive.org/web/20081221190754/http://www.gov.kg/index.php?option=com_content&task=view&id=56&Itemid=37 |date=2008-12-21 }} adopted by referendum on 21 October 2007 {{in lang|ru}}; [http://aceproject.org/ero-en/regions/asia/KG/kyrgyzstan-constitution-1993-2007/view?searchterm=russian unofficial English translation] {{Webarchive|url=https://web.archive.org/web/20110520130514/http://aceproject.org/ero-en/regions/asia/KG/kyrgyzstan-constitution-1993-2007/view?searchterm=russian |date=2011-05-20 }} on ACE: The Electoral Knowledge Network.</ref> |
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This constitution was replaced by the [[2010 Constitution of Kyrgyzstan]] in June 2010. |
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==Article 1== |
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The Kyrgyz Republic (Kyrgyzstan) is a sovereign, unitary, democratic, constitutional, secular, social state. The citizens of the Kyrgyz Republic elect the [[President of Kyrgyzstan|President]], the representatives to the [[Supreme Council of Kyrgyzstan|Supreme Assembly]] (''Jogorku Kenesh''), and the representatives to local ''[[keneshi]]'' (council). The election is free and is based on equal, general, direct, and secret voting. |
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==Article 4== |
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The Kyrgyz Republic recognizes private, municipal, state, and other forms of property. Land and other natural resources may also be in private, municipal, state, and other forms of property. |
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==Article 5== |
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The state language of the Kyrgyz Republic is the Kyrgyz language. The Russian language is used as the official language of the Kyrgyz Republic. The Kyrgyz Republic guarantees to all nationalities forming the Kyrgyz people the right of preserving the native language and creating the conditions for its teaching and development. |
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==Article 8== |
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No religion may be recognized as the state or mandatory religion in the Kyrgyz Republic. The Kyrgyz republic recognizes political diversity. The merging of state and party institutions is prohibited. Creation of parties based on religious principles is prohibited. Religious organizations and religious figures may not interfere in the affairs of the government. |
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==Article 12== |
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The constitution is the [[supreme law]] of the Kyrgyz Republic. |
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==Other chapters== |
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* Chapter 2 (articles 13-41) deals with human rights, individual freedoms, and basic duties of citizens. |
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* Chapter 3 (articles 42-53) is devoted to the institution of the President. The President is elected for five years and the same person may not serve more than two consecutive terms (Article 43). The President appoints the Prime Minister and the members of the government (Article 46), which implies that Kyrgyzstan is a [[presidential republic]]. |
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* Chapter 4 (articles 54-67) describes the [[Supreme Council of Kyrgyzstan|Jogorku Kenesh]], Kyrgyzstan's [[unicameral]] [[parliament]]. The parliament consists of 90 members elected for five years in [[party list proportional representation|proportional party-list voting]] (Article 54). |
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* Chapter 5 (articles 68-76) describes the executive branch. The government is organized into ministries and state committees. If consists of the Prime Minister, Deputy Prime Ministers, ministers, and chairmen of state committees (Article 68). The executive power in provinces and districts is vested in organs of local state administration (Articles 75-76). |
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* Chapters 6-7 (articles 77-92) are devoted to the judicial branch. The judges are independent and obey only the Constitution and the laws (Article 83). The nine-member Constitutional Court is the supreme judicial authority entrusted with the protection of the Constitution (Article 85). |
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* Chapter 8 (articles 93-97) deals with local self-government in Kyrgyz Republic. Local self-government is implemented by local communities or their elected local representatives (Article 93). The system of local self-government consists of heads of districts, villages, and municipalities and local ''keneshi'' – locally elected representative assemblies (Article 94). |
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* Chapter 9 sets out the referendum-based procedures for changing the constitution. |
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==Powers as outlined== |
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===Draft=== |
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The first draft of the constitution put the National Security Service and the Prosecutor-General's Office under the control of the [[legislative branch]] of government. The president would need legislative approval to dismiss heads of the Central Election Commission and the Accounting Chamber. The political party with the most members in parliament would appoint the [[Prime Minister of Kyrgyzstan|Prime Minister]]. Parliament membership would be increased from 75 to 90 seats. Opposition lawmaker [[Azimbek Beknazarov]] said, "With regard to the formation of the government, if a party wins more than 50 percent of the seats in parliament, one of its representatives will automatically be prime minister. If no party has a majority, then the president will entrust the party that garnered the most votes with the task of choosing a prime minister. The prime minister will form the government that will be approved by the president."<ref name=ANNOUNCEMENT>[http://www.rferl.com/featuresarticle/2006/11/DEDF91B4-A729-421A-A157-4F569C5A2016.html Kyrgyzstan: Parliament Adopts Constitution Curtailing The President's Powers] {{Webarchive|url=https://web.archive.org/web/20070927000039/http://www.rferl.com/featuresarticle/2006/11/DEDF91B4-A729-421A-A157-4F569C5A2016.html |date=2007-09-27 }} RadioFreeEurope/RadioLiberty</ref> |
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===Compromise amendments=== |
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Parliamentary members agreed to two of Bakiyev's amendments to the draft constitution: his signature as one of the co-authors of the constitution and the president's right to appoint local [[judge]]s. Opposition lawmaker [[Temir Sariyev]] said that if the government fails to "adopt a new constitution and send people home by this evening, then we may find ourselves in a difficult situation. The president had to understand that. There are, in the history of a state, some important moments. Our only demand is that Bakiyev quickly implement the reforms. The president must do that; he must behave like a responsible politician." Bakiyev will remain President and [[Felix Kulov]] will remain Prime Minister until 2010 because Bakiyev signed the Constitution.<ref name=ANNOUNCEMENT/> |
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==Prior to approval== |
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===Protests=== |
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The ''For Reforms!'' opposition coalition announced on 2006-11-01 that it planned to have 10,000 supporters in the streets of Bishkek the following day, protesting the perceived lack of constitutional reform that Bakiyev had promised when voters elected him in July, 2005.<ref name=SIGNORESIGN>[http://www.rferl.com/featuresarticle/2006/11/8941c869-8a40-42a2-89c9-9f03e313be3e.html Kyrgyzstan: Bishkek Prepares For Large Opposition Rally] {{Webarchive|url=https://web.archive.org/web/20061104132331/http://www.rferl.com/featuresarticle/2006/11/8941c869-8a40-42a2-89c9-9f03e313be3e.html |date=2006-11-04 }} RadioFreeEurope/RadioLiberty</ref> Twenty-five opposition legislators had also called on Bakiyev to approve a new constitution or resign and accused the administration of failing to deal with [[Political corruption|corruption]] and rising [[crime]].<ref name=BAKSIGN>[http://www.eurasianet.org/departments/insight/articles/eav110906.shtml New constitution comes into force in Kyrgyzstan] {{Webarchive|url=https://web.archive.org/web/20070607003121/http://www.eurasianet.org/departments/insight/articles/eav110906.shtml |date=2007-06-07 }} EurasiaNet</ref> The Kyrgyz government responded by issuing a press release stating that "Kyrgyzstan is going through one of the most crucial moments in [[History of Kyrgyzstan|its history]]... The government calls for wisdom, dialogue, and cooperation from all political forces with the goal of preserving peace and stability for the sake of the future democracy and civilized development of Kyrgyzstan."<ref name=SIGNORESIGN/> |
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As the opposition coalition had promised, thousands of ''For Reforms!'' demonstrators set up tents and [[yurt]]s in Bishkek's Ala-Too square.<ref name=CURB>[http://news.bbc.co.uk/1/hi/world/asia-pacific/6127552.stm Kyrgyzstan curbs president power] {{Webarchive|url=https://web.archive.org/web/20220118085844/http://news.bbc.co.uk/2/hi/asia-pacific/6127552.stm |date=2022-01-18 }} BBC News</ref> The protesters carried placards, made speeches and played patriotic music in the square and outside the presidential office building nearby, while hundreds of policemen monitored the situation. Bishkek police estimated there were 5,000 protesters, while [[BBC News]] correspondents estimated there were at least 10,000.<ref name=PROTESTA>[http://news.bbc.co.uk/1/hi/world/asia-pacific/6105610.stm Kyrgyz protesters call for change] {{Webarchive|url=https://web.archive.org/web/20070103115118/http://news.bbc.co.uk/1/hi/world/asia-pacific/6105610.stm |date=2007-01-03 }} BBC News</ref> Many business owners closed and boarded up their shops, fearing a repeat of the looting that took place during the [[Tulip Revolution]] of 2005, should Bakiyev and the opposition fail to reach a compromise. On November 3, Prime Minister Felix Kulov accused the opposition of attempting to stage a [[Coup d'état|coup]], based on the security services' recording of alleged conversations between opposition leaders. However, Bakiyev played down this threat, stating that "There are no forces to carry out a coup. But there are intentions." Opposition leaders rejected the allegations.<ref name=COUP>[http://news.bbc.co.uk/2/hi/asia-pacific/6112422.stm Kyrgyz protesters accused of plot] {{Webarchive|url=https://web.archive.org/web/20121108044452/http://news.bbc.co.uk/2/hi/asia-pacific/6112422.stm |date=2012-11-08 }} BBC News</ref> |
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The protests reached their peak on November 7 when ''For Reforms!'' protesters and pro-Bakiyev demonstrators clashed violently in the square in front of the parliament building. Several people were injured in the confrontation and riot police used tear gas to disperse the crowd.<ref name=CLASHES>[http://news.bbc.co.uk/2/hi/asia-pacific/6124428.stm Clashes erupt in Kyrgyz capital] {{Webarchive|url=https://web.archive.org/web/20080309173334/http://news.bbc.co.uk/2/hi/asia-pacific/6124428.stm |date=2008-03-09 }} BBC News</ref> |
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===Attacks on the media=== |
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Marat Tokoyev, the head of ''Journalists'', a [[non-governmental organization]], complained on November 8 that the websites of AKIpress and 24.kg news agencies were [[hacker (computer security)|hacked]] on November 2. As a result of the attacks, both websites were rendered inaccessible from outside Kyrgyzstan until November 7. Officials for Tazar.kg, another media outlet, said hackers destroyed their news archive, forcing the temporary closure of their website. Independent TV stations NTS and Piramida also experienced transmission problems during the protests, which they attributed to unidentified attackers.<ref name=HACKING>[http://www.rferl.com/featuresarticle/2006/11/D1C6CC74-7913-4BB4-8E62-EF9B849EE753.html Kyrgyz Independent Media Report Troubles] {{Webarchive|url=https://web.archive.org/web/20070927000053/http://www.rferl.com/featuresarticle/2006/11/D1C6CC74-7913-4BB4-8E62-EF9B849EE753.html |date=2007-09-27 }} RadioFreeEurope/RadioLiberty</ref> |
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==Approval in Parliament== |
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On 2006-11-08 the speaker of the [[Supreme Council of Kyrgyzstan]], [[Marat Sultanov]], announced that the legislature had passed a new constitution after reading the document out loud twice. Following the readings he said, "Now, dear colleagues, I suggest that you vote this proposal -- sorry, this constitution -- in the second reading. Please, proceed!...The [constitution] is adopted by 65 'yes' votes!" Members of parliament then cheered. Of the 71 members of the Supreme Council, 68 voted for the new constitution. Three did not vote quickly enough to be counted when Sultanov made the announcement. Cheers followed parliamentary member [[Akmatmek Kedilbekov]]'s statement that "it is the nation that won. Both the president and the opposition won!"<ref name=ANNOUNCEMENT/> The entire Parliamentary session took less than an hour.<ref name=HOUR>[http://www.rferl.com/featuresarticle/2006/11/52075D7A-B39B-4335-BAD6-A2782A24DAA2.html Kyrgyz Parliament Adopts New Constitution] {{Webarchive|url=https://web.archive.org/web/20070927000127/http://www.rferl.com/featuresarticle/2006/11/52075D7A-B39B-4335-BAD6-A2782A24DAA2.html |date=2007-09-27 }} RadioFreeEurope/RadioLiberty</ref> |
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State Secretary [[Adakhan Madumarov]] told the members of parliament prior to the session that Bakiyev approved the draft and signed amendments allowing the parliament to pass the constitution. When reporters asked Madumarov why Bakiyev had taken so long to sign the amendments, Madumarov replied, "Long? You know how heavy those legislative procedures are. Every single dot, every single comma must be examined by legal experts and they must then give their conclusions to the president. This is the norm for all [draft] laws, not only for this one. But rest assured that the president will sign it today."<ref name=ANNOUNCEMENT/> |
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==Post approval controversy== |
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Even though Bakiyev signed the new constitution into law on November 9, its contents continued to be revised over the following months amid much political turmoil culminating in the resignation of the [[Cabinet (government)|cabinet]], including Prime Minister Felix Kulov, on 2006-12-19.<ref name=GOVRESIGNS>[http://news.bbc.co.uk/2/hi/asia-pacific/6192955.stm Kyrgyzstan Cabinet resigns office] {{Webarchive|url=https://web.archive.org/web/20070127134516/http://news.bbc.co.uk/2/hi/asia-pacific/6192955.stm |date=2007-01-27 }} BBC News</ref> Following the resignation, Bakiyev pushed for revisions to the November constitution to be passed that would hand back much of the presidential powers ceded to parliament by the previous version. After much political wrangling a new constitution was passed by the legislature on 2006-12-30 and signed into law by Bakiyev on 2007-01-15. This version reversed many of the changes of the November constitution, empowering the president to, among other things, nominate the Prime Minister subject to the legislature's confirmation and to appoint and dismiss regional governors and security chiefs without parliamentary approval. Opposition lawmaker Azimbek Beknazarov remarked, "By the new edition of the Constitution, the President Kurmanbek Bakiev has more power, than his predecessor Askar Akaev", alleging that more than 40 amendments appeared in the new constitution while the parliament had approved only seven.<ref name=DECBEKNAZAROV>[http://eng.24.kg/politic/2007/01/15/959.html MP: Kurmanbek Bakiev has more power by new Constitution, than his predecessor] {{Webarchive|url=https://archive.today/20130219011439/http://eng.24.kg/politic/2007/01/15/959.html |date=2013-02-19 }} 24.kg</ref> |
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==Constitutional Court ruling== |
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On 14 September 2007, the [[Constitutional Court of Kyrgyzstan]] ruled that the two packages of amendments were both illegal and stated that the 2003 constitution was legally in effect.<ref>{{Cite web |url=http://www.rferl.org/featuresarticle/2007/09/641cfd21-84da-42a1-ab1b-0165d4272ffe.html |title=Kyrgyzstan: Court Ruling Restores 2003 Constitution - RADIO FREE EUROPE / RADIO LIBERTY<!-- Bot generated title --> |access-date=2007-09-18 |archive-date=2007-10-10 |archive-url=https://web.archive.org/web/20071010065342/http://www.rferl.org/featuresarticle/2007/09/641CFD21-84DA-42A1-AB1B-0165D4272FFE.html |url-status=live }}</ref> In response, President Bakiyev called a [[Kyrgyzstani constitutional referendum, 2007|constitutional referendum]] for 21 October 2007.<ref>{{Cite web |url=https://sputniknews.com/20070919/79451790.html |title=RIA Novosti - World - Kyrgyz leader calls referendum on Constitution change Oct. 21<!-- Bot generated title --> |access-date=2007-09-19 |archive-date=2011-06-05 |archive-url=https://web.archive.org/web/20110605094207/http://en.rian.ru/world/20070919/79451790.html |url-status=live }}</ref> |
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=== 2010 constitution === |
=== 2010 constitution === |
Revision as of 04:49, 14 April 2023
President of the Kyrgyz Republic | |
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Кыргыз Республикасынын Президенти (Kyrgyz) Президент Киргизской Республики (Russian) | |
Style | Mr. President (informally) Comrade Commander-in-Chief (military) His Excellency (international correspondence) |
Status | Head of State Head of Government |
Member of | Cabinet Security Council |
Residence | Ala Archa State Residence |
Seat | White House, Bishkek |
Appointer | Direct popular vote |
Term length | 5 years, renewable once[1] |
Constituting instrument | Constitution of Kyrgyzstan |
Precursor | Chairmen of the Supreme Soviet of the Kirghiz SSR |
Inaugural holder | Askar Akayev |
Formation | 27 October 1990 |
Salary | 1 281 609 som annually[citation needed] |
Website | president |
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Constitution |
The president of Kyrgyzstan, officially the president of the Kyrgyz Republic (Russian: Президент Киргизской Республики; Kyrgyz: Кыргыз Республикасынын Президенти), is the head of state and head of government of the Kyrgyz Republic. The president directs the executive branch of the national government, is the commander-in-chief of the Kyrgyz military and also heads the National Security Council.
The president, according to the constitution, "is the symbol of the unity of people and state power, and is the guarantor of the Constitution of the Kyrgyz Republic, and of an individual and citizen."
The office of president was established in 1990 replacing the Chairman of the Supreme Soviet that existed, in different forms, from 1936 whilst the country was known as the Kirghiz Soviet Socialist Republic.
The first popularly elected officeholder was Askar Akayev, who served from October 1990 until 24 March 2005. In July 2005, Kurmanbek Bakiyev was elected. He was re-elected in 2009, but large riots in April 2010 forced him to resign and flee the country. Roza Otunbayeva was selected in April 2010 to head the interim government. She was officially inaugurated on 3 July 2010, as president for a limited term, until elections could be organised. Her successor, Almazbek Atambayev, was elected in the 2011 Kyrgyzstani presidential election and subsequently succeeded Otunbayeva on 1 December that year.
On 16 October 2017, Sooronbay Jeenbekov, the former prime minister, was elected president of the country. He took office on 24 November 2017. On 15 October 2020, Jeenbekov resigned following unrest over the parliamentary elections on 4 October. Jeenbekov was succeeded by Prime Minister Sadyr Japarov, who became acting president before being confirmed as president on 16 October.
Sadyr Japarov is the 6th and current president of Kyrgyzstan, who has held the office since 28 January 2021.[2][3]
Oath of office
On assuming office, the president raises his/her right arm and puts it on the Kyrgyz Constitution while reciting the following oath:
Мен, (аты-жөнү), Кыргыз Республикасынын Президентинин кызматына киришип жатып, өз элимдин алдында жана Ала-Тоо ыйык Ата, мен ант Кыргыз Республикасынын Башмыйзамынын сыйлоого жана коргоого жана анын мыйзамдарын, Кыргыз Республикасынын мамлекеттик, урмат-сый эгемендигин жана көз карандысыздыгын коргоого жана урмат-сый менен Кыргыз Республикасынын бардык жарандарынын эркиндиги менен укуктарын камсыз кылуу жана талыкпай жогорку милдеттерин жүзөгө ашыруу үчүн Кыргыз Республикасынын президенти, бүткүл эл ишенип мага жүктөгөн! Кудай бизди коргой берсин!
Russian Translation:
Я (полное имя), вступая в должность Президента Кыргызской Республики, перед своим народом и священным отечеством Ала-Тоо, клянусь уважать и защищать Конституцию Кыргызской Республики и ее законы, защищать суверенитет и независимость Кыргызского государства, уважать и обеспечивать права и свободы всех граждан Кыргызской Республики с честью и неустанно выполнять высокие обязанности Президент Кыргызской Республики, доверил мне доверие всего народа! Да защитит нас Бог!
English Translation:
I, (full name), in assuming the office of President of the Kyrgyz Republic, before my people and the sacred fatherland of Ala-Too, I swear to respect and protect the Constitution of the Kyrgyz Republic and its laws, to protect the sovereignty and independence of the Kyrgyz state, respect and ensure the rights and freedoms of all citizens of the Kyrgyz Republic with honor and tirelessly carry out the high duties of the President of the Kyrgyz Republic, entrusted to me by the confidence of the whole people! May God protect us!
Election
Qualifications
The office of president is open to all citizens of Kyrgyzstan who are no younger than 35 years of age, and no older than 65 years of age. A candidate must have a command of the state language, and have resided in the republic for no less than 15 years before the nomination of his or her candidacy for the position. The president cannot be a deputy of the Jogorku Kenesh (Parliament), occupy other positions, or carry out entrepreneurial activities, and must suspend activity in political parties and organizations for their period in office.
On taking office the president must take the following oath, stipulated by Article 45 of the constitution, within 30 days of election before the assembled members of the legislative chamber:
"I, ..., assuming the office of the President of the Kyrgyz Republic, before my People and the Sacred homeland Ala-Too do swear:
to sacredly observe and defend the Constitution and laws of the Kyrgyz Republic; to defend the sovereignty and independence of the Kyrgyz State;
to respect and guarantee the rights and freedoms of all citizens of the Kyrgyz Republic; with honor and tirelessly to perform the great responsibility of the President of the Kyrgyz Republic entrusted to me by the confidence of all the People!".[4]
Electoral law
The president is elected by the citizens of Kyrgyzstan by a majority of votes cast. These elections are held on the basis of universal suffrage, and by secret ballot. To become a candidate a person must obtain the signatures of fifty thousand registered voters.
For an election to be considered valid the turnout must not be lower than fifty percent. Similarly, if a candidate wins the backing of fifty percent of the voters who participated they are the winner. Should no candidate win an outright majority in the first round, the two candidates with the highest number of votes face each other in a second ballot.
Inauguration ceremony
The Inauguration ceremony of the president of Kyrgyzstan is a ceremony that takes place to mark the start of a new term for the president of Kyrgyzstan.[5]
List of inaugural ceremonies
Date | President | LocationPlace | Document Sworn On | Notes |
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10 December 1991 | Askar Akayev | White House, Bishkek | Constitution of the Kyrgyz SSR | It was the first presidential inauguration in the history of Kyrgyzstan.[5] |
30 December 1995 | Askar Akayev | White House, Bishkek | Constitution of Kyrgyzstan | [5] |
9 December 2000 | Askar Akayev | Philharmonic Hall named after Toktogul Satylganov | Constitution of Kyrgyzstan | [5] |
14 August 2005 | Kurmanbek Bakiyev | Ala-Too Square | Constitution of Kyrgyzstan | It took place on Ala-Too Square for the first time.[6] The President of Kazakhstan Nursultan Nazarbayev,[7] the Prime Minister of Tajikistan Oqil Oqilov, the Chairman of the National Assembly of Belarus Gennady Novitsky, the Minister of Defense of Turkey Vecdi Gönül, and the Minister of Foreign Affairs of Ukraine Borys Tarasyuk attended the inauguration.[8] |
2 August 2009 | Kurmanbek Bakiyev | Government House, Bishkek | Constitution of Kyrgyzstan | |
3 July 2010 | Roza Otunbayeva | Philharmonic Hall named after Toktogul Satylganov | Constitution of Kyrgyzstan | [9][10][11][12][13][14] |
1 December 2011 | Almazbek Atambayev | Philharmonic Hall named after Toktogul Satylganov | Constitution of Kyrgyzstan | He was inaugurated on 1 December 2011. The ceremony was attended by the president of Turkey, Abdullah Gul, and president of Georgia, Mikheil Saakashvili. The ceremony budget cost less than half of what was spent for inauguration ceremony of Kurmanbek Bakiev in 2009.[15] |
24 November 2017 | Sooronbay Jeenbekov | Ala Archa State Residence | Constitution of Kyrgyzstan | Ala Archa State Residence.[16] | It was the first inauguration ceremony to take place at the
28 January 2021[17] | Sadyr Japarov | Philharmonic Hall named after Toktogul Satylganov[18] | Constitution of Kyrgyzstan | The President of Turkey Recep Tayyip Erdogan, the first President of Kazakhstan Nursultan Nazarbayev were invited, but ultimately did not attend the inauguration. However former leaders Sooronbay Jeenbekov and Roza Otunbayeva did attend.[19] |
Residences
- State residence №1 (Ala Archa State Residence)
- State residence №2 (Cholpon-Ata State Residence)
- South Residence
- Jalal-Abad State Residence
Duties and functions
The head of state holds significant power as provided for in the constitution. This states that they have the authority to:
- Appoint the Prime Minister and other members of government
- Present candidates to Parliament for positions within the Supreme Court
- Direct foreign policy
- Present and sign law
- Announce all elections and enact decrees
- Act as the commander-in-chief of the Armed Forces of Kyrgyzstan
Presidential appointments
- Prime Minister of Kyrgyzstan
- Cabinet ministers
- Procurator General of Kyrgyzstan
- Chairperson of the State Committee for National Security
- Chairperson of the State Border Guard Service
- Chairperson of the State Customs Service
- Chairperson of the State Forensic Experts Service
- Chairperson of the State Penitentiary Service
- Chairperson of the State Service for Combating Economic Crimes
- Chairperson of the National Bank of Kyrgyzstan
- Chief of the General Staff of Armed Forces
- Commanders of the different service branches
- Members of the Supreme Court of Kyrgyzstan
- Head of the Presidential Administration
- Press secretary
- Ambassadors of Kyrgyzstan
Impeachment
The president may be dismissed from office by Parliament only on the basis of a charge made by the Legislative Assembly of state treason or another grievous crime supported by a ruling of the Constitutional Court. Such a decision requires the support of two-thirds of the Jogorku Kenesh who are immediately dismissed should the president be found innocent.
Succession
If the president becomes unable to carry out their duties for reasons such as death, illness or impeachment, the prime minister shall carry out their duties until the election of a new head of state. This must take place within three months of the termination of their Presidency. Kyrgyzstan has only had one peaceful transition of power from president to president (in 2017). Askar Akayev was forced from office by the Tulip Revolution of 2005 and Kurmanbek Bakiyev was forced from office by the Kyrgyz Revolution of 2010. Almazbek Atambayev was peacefully succeeded by Sooronbay Jeenbekov in 2017. However, Jeenbekov resigned from office due to the 2020 Kyrgyzstani protests and was succeeded by Sadyr Japarov.
Constitution of Kyrgyzstan
The Constitution of Kyrgyzstan is the supreme law of the Kyrgyz Republic. Kyrgyzstan first got a constitution in 1993, a year and a half after the country had gained independence from the Soviet Union in 1991. It has gone through a few constitutions, with the last one being adopted in April 2021.
History
1993 constitution
The first constitution was adopted on 5 May 1993.
The 1993 constitution was amended several times: first on 10 February 1996, then on 2 February 2003, and finally twice in quick succession on 9 November 2006 and 15 January 2007 after the Tulip Revolution of March 2005. The last two amendments were adopted under pressure from protracted public protests in the capital Bishkek, but they were annulled in September 2007 by the Constitutional Court, which restored the 2003 constitution and paved the way for another constitutional referendum in October 2007.
2007 constitution
A new constitution of Kyrgyzstan was passed by referendum on 21 October 2007. It is based on the first post-Soviet constitution originally adopted on 5 May 1993.
The 1993 constitution had been amended several times: first on 10 February 1996, then on 2 February 2003, and finally twice in quick succession on 9 November 2006 and 15 January 2007 after the Tulip Revolution of March 2005. The last two amendments were adopted under pressure from protracted public protests in the capital Bishkek, but they were annulled in September 2007 by the Constitutional Court, which restored the 2003 constitution and paved the way for another constitutional referendum in October 2007. The description that follows is based on the text of the October 2007 constitution.[20]
This constitution was replaced by the 2010 Constitution of Kyrgyzstan in June 2010.
Article 1
The Kyrgyz Republic (Kyrgyzstan) is a sovereign, unitary, democratic, constitutional, secular, social state. The citizens of the Kyrgyz Republic elect the President, the representatives to the Supreme Assembly (Jogorku Kenesh), and the representatives to local keneshi (council). The election is free and is based on equal, general, direct, and secret voting.
Article 4
The Kyrgyz Republic recognizes private, municipal, state, and other forms of property. Land and other natural resources may also be in private, municipal, state, and other forms of property.
Article 5
The state language of the Kyrgyz Republic is the Kyrgyz language. The Russian language is used as the official language of the Kyrgyz Republic. The Kyrgyz Republic guarantees to all nationalities forming the Kyrgyz people the right of preserving the native language and creating the conditions for its teaching and development.
Article 8
No religion may be recognized as the state or mandatory religion in the Kyrgyz Republic. The Kyrgyz republic recognizes political diversity. The merging of state and party institutions is prohibited. Creation of parties based on religious principles is prohibited. Religious organizations and religious figures may not interfere in the affairs of the government.
Article 12
The constitution is the supreme law of the Kyrgyz Republic.
Other chapters
- Chapter 2 (articles 13-41) deals with human rights, individual freedoms, and basic duties of citizens.
- Chapter 3 (articles 42-53) is devoted to the institution of the President. The President is elected for five years and the same person may not serve more than two consecutive terms (Article 43). The President appoints the Prime Minister and the members of the government (Article 46), which implies that Kyrgyzstan is a presidential republic.
- Chapter 4 (articles 54-67) describes the Jogorku Kenesh, Kyrgyzstan's unicameral parliament. The parliament consists of 90 members elected for five years in proportional party-list voting (Article 54).
- Chapter 5 (articles 68-76) describes the executive branch. The government is organized into ministries and state committees. If consists of the Prime Minister, Deputy Prime Ministers, ministers, and chairmen of state committees (Article 68). The executive power in provinces and districts is vested in organs of local state administration (Articles 75-76).
- Chapters 6-7 (articles 77-92) are devoted to the judicial branch. The judges are independent and obey only the Constitution and the laws (Article 83). The nine-member Constitutional Court is the supreme judicial authority entrusted with the protection of the Constitution (Article 85).
- Chapter 8 (articles 93-97) deals with local self-government in Kyrgyz Republic. Local self-government is implemented by local communities or their elected local representatives (Article 93). The system of local self-government consists of heads of districts, villages, and municipalities and local keneshi – locally elected representative assemblies (Article 94).
- Chapter 9 sets out the referendum-based procedures for changing the constitution.
Powers as outlined
Draft
The first draft of the constitution put the National Security Service and the Prosecutor-General's Office under the control of the legislative branch of government. The president would need legislative approval to dismiss heads of the Central Election Commission and the Accounting Chamber. The political party with the most members in parliament would appoint the Prime Minister. Parliament membership would be increased from 75 to 90 seats. Opposition lawmaker Azimbek Beknazarov said, "With regard to the formation of the government, if a party wins more than 50 percent of the seats in parliament, one of its representatives will automatically be prime minister. If no party has a majority, then the president will entrust the party that garnered the most votes with the task of choosing a prime minister. The prime minister will form the government that will be approved by the president."[21]
Compromise amendments
Parliamentary members agreed to two of Bakiyev's amendments to the draft constitution: his signature as one of the co-authors of the constitution and the president's right to appoint local judges. Opposition lawmaker Temir Sariyev said that if the government fails to "adopt a new constitution and send people home by this evening, then we may find ourselves in a difficult situation. The president had to understand that. There are, in the history of a state, some important moments. Our only demand is that Bakiyev quickly implement the reforms. The president must do that; he must behave like a responsible politician." Bakiyev will remain President and Felix Kulov will remain Prime Minister until 2010 because Bakiyev signed the Constitution.[21]
Prior to approval
Protests
The For Reforms! opposition coalition announced on 2006-11-01 that it planned to have 10,000 supporters in the streets of Bishkek the following day, protesting the perceived lack of constitutional reform that Bakiyev had promised when voters elected him in July, 2005.[22] Twenty-five opposition legislators had also called on Bakiyev to approve a new constitution or resign and accused the administration of failing to deal with corruption and rising crime.[23] The Kyrgyz government responded by issuing a press release stating that "Kyrgyzstan is going through one of the most crucial moments in its history... The government calls for wisdom, dialogue, and cooperation from all political forces with the goal of preserving peace and stability for the sake of the future democracy and civilized development of Kyrgyzstan."[22]
As the opposition coalition had promised, thousands of For Reforms! demonstrators set up tents and yurts in Bishkek's Ala-Too square.[24] The protesters carried placards, made speeches and played patriotic music in the square and outside the presidential office building nearby, while hundreds of policemen monitored the situation. Bishkek police estimated there were 5,000 protesters, while BBC News correspondents estimated there were at least 10,000.[25] Many business owners closed and boarded up their shops, fearing a repeat of the looting that took place during the Tulip Revolution of 2005, should Bakiyev and the opposition fail to reach a compromise. On November 3, Prime Minister Felix Kulov accused the opposition of attempting to stage a coup, based on the security services' recording of alleged conversations between opposition leaders. However, Bakiyev played down this threat, stating that "There are no forces to carry out a coup. But there are intentions." Opposition leaders rejected the allegations.[26]
The protests reached their peak on November 7 when For Reforms! protesters and pro-Bakiyev demonstrators clashed violently in the square in front of the parliament building. Several people were injured in the confrontation and riot police used tear gas to disperse the crowd.[27]
Attacks on the media
Marat Tokoyev, the head of Journalists, a non-governmental organization, complained on November 8 that the websites of AKIpress and 24.kg news agencies were hacked on November 2. As a result of the attacks, both websites were rendered inaccessible from outside Kyrgyzstan until November 7. Officials for Tazar.kg, another media outlet, said hackers destroyed their news archive, forcing the temporary closure of their website. Independent TV stations NTS and Piramida also experienced transmission problems during the protests, which they attributed to unidentified attackers.[28]
Approval in Parliament
On 2006-11-08 the speaker of the Supreme Council of Kyrgyzstan, Marat Sultanov, announced that the legislature had passed a new constitution after reading the document out loud twice. Following the readings he said, "Now, dear colleagues, I suggest that you vote this proposal -- sorry, this constitution -- in the second reading. Please, proceed!...The [constitution] is adopted by 65 'yes' votes!" Members of parliament then cheered. Of the 71 members of the Supreme Council, 68 voted for the new constitution. Three did not vote quickly enough to be counted when Sultanov made the announcement. Cheers followed parliamentary member Akmatmek Kedilbekov's statement that "it is the nation that won. Both the president and the opposition won!"[21] The entire Parliamentary session took less than an hour.[29]
State Secretary Adakhan Madumarov told the members of parliament prior to the session that Bakiyev approved the draft and signed amendments allowing the parliament to pass the constitution. When reporters asked Madumarov why Bakiyev had taken so long to sign the amendments, Madumarov replied, "Long? You know how heavy those legislative procedures are. Every single dot, every single comma must be examined by legal experts and they must then give their conclusions to the president. This is the norm for all [draft] laws, not only for this one. But rest assured that the president will sign it today."[21]
Post approval controversy
Even though Bakiyev signed the new constitution into law on November 9, its contents continued to be revised over the following months amid much political turmoil culminating in the resignation of the cabinet, including Prime Minister Felix Kulov, on 2006-12-19.[30] Following the resignation, Bakiyev pushed for revisions to the November constitution to be passed that would hand back much of the presidential powers ceded to parliament by the previous version. After much political wrangling a new constitution was passed by the legislature on 2006-12-30 and signed into law by Bakiyev on 2007-01-15. This version reversed many of the changes of the November constitution, empowering the president to, among other things, nominate the Prime Minister subject to the legislature's confirmation and to appoint and dismiss regional governors and security chiefs without parliamentary approval. Opposition lawmaker Azimbek Beknazarov remarked, "By the new edition of the Constitution, the President Kurmanbek Bakiev has more power, than his predecessor Askar Akaev", alleging that more than 40 amendments appeared in the new constitution while the parliament had approved only seven.[31]
Constitutional Court ruling
On 14 September 2007, the Constitutional Court of Kyrgyzstan ruled that the two packages of amendments were both illegal and stated that the 2003 constitution was legally in effect.[32] In response, President Bakiyev called a constitutional referendum for 21 October 2007.[33]
2010 constitution
The Constitution of Kyrgyzstan was the supreme law of the Kyrgyz Republic. The constitution in force from 2010 until 2021 was passed by referendum on June 27, 2010,[34] replacing the previous constitution. It introduced a strong parliament to the country, reducing the power of the historically strong president. The constitution is similar in many ways to the previous one.
This constitution was replaced by the current Constitution of Kyrgyzstan in April 2021.
Passage
The referendum passed with 90% of the votes and 70% voter turnout, despite 400,000 people, mostly ethnic Uzbeks, having fled ethnic violence in the south of the country who had still not returned. This replaced the older constitution.
The constitution replaced the old immediately upon publication of the voting results, although according to the document, limited sections do not come into force until later.
Despite fears of illegitimacy due to the recent violence, there were no major reports of violence or fraud during the election. International monitor organizations such as the Organization for Security and Cooperation in Europe approved of the vote. Prior to voting day the government dropped leaflets over Bishkek, urging citizens to remain peaceful and keep the future of their country in mind.[35]
Support for the constitution was strong throughout the country and among all major ethnic groups, despite a relatively low voter turnout in the south of the country and some fears that a parliamentary system would be weaker than a single strong president.[36]
Prior to the drafting of the document, input was received from the Venice Commission, who later said they were pleased with the result.[37][38]
President Dmitriy Medvedev of Russia stated concerns that it would lead to instability and volatility, giving rise to extremism.[37]
Impact
The constitution legislated a shift in the country's politics away from a presidential system and toward a parliamentary system, reducing the power of the president. The last two presidents of Kyrgyzstan under the old system, Askar Akayev and Kurmanbek Bakiyev, were ousted in revolutions.
Under the new constitution, the president serves a single six-year term and cannot be re-elected.[36] Although the president is weaker in the new system than previously, the presidency is not a figurehead position as in many parliamentary systems. The president has veto power and the ability to appoint heads of state bodies.
The constitution limits any single political party to 65 of the parliament's 120 seats as an unusual way to limit power concentration. In addition, political parties may not be founded on ethnic or religious grounds, and members of the police, armed forces, and judiciary are prohibited from joining parties.[37]
The document gives significant mention to human rights in Kyrgyzstan, particularly section two. It declares men and women to be equal and prohibits discrimination in article 16. The rights of prisoners are outlined in article 20, including a ban on the death penalty and torture.
Location
In 2016, while several amendments to the constitution were being considered for passage, government officials were unable to locate the original document.[39] The office of President Almazbek Atambayev claimed that the Ministry of Justice possessed the constitution, while the Ministry said that the document was being held by the Presidential Administration. The President's office eventually claimed that an original copy of the document had never existed, it was simply reprinted in newspapers when it was passed in 2010.[40]
Outline
The constitution is split into nine sections comprising 114 separate articles. The sections, which are structured similarly to the old constitution are:
- Foundations of constitutional order
- The rights and freedoms of man and citizen
- President of Kyrgyzstan
- Legislative authority of the Kyrgyz Republic
- Executive powers of the Kyrgyz Republic
- Judicial powers of the Kyrgyz Republic
- Other government agencies
- Local self-government
- How to make changes in this constitution
In addition, there is a last section which details the implementation of the constitution, including date of effect, nullification of the previous constitution, and creation of the interim government.
2021 constitution
The current constitution of Kyrgyzstan was passed by referendum on 11 April 2021,[41] replacing the 2010 Constitution of Kyrgyzstan. It reintroduced a strong president to the country, reducing the power of the legislative branch. Will Partlett describes the new constitution as making structural changes that "move Kyrgyzstan away from a checks-and-balances system of semi-presidentialism toward a form of presidentialism that is close to the authoritarian-style 'crown-presidentialism' in the post-Soviet Eurasian space."[42]
List of presidents of Kyrgyzstan
See also
- Prime Minister of Kyrgyzstan
- Vice President of Kyrgyzstan
- Leadership of Communist Kyrgyzstan
- Security Council of Kyrgyzstan
References
- ^ "Kyrgyzstan parliament approves referendum on new constitution". 11 March 2021.
- ^ "Kyrgyzstan president Jeenbekov resigns after unrest". Reuters. Retrieved 15 October 2020.
- ^ Merz, Theo (16 October 2020). "Ex-prisoner Sadyr Japarov confirmed as Kyrgyzstan president". The Guardian. Retrieved 18 October 2020.
- ^ Kyrgyz Constitution, article 45, §3[permanent dead link]
- ^ a b c d "ИНАУГУРАЦИИ 1991-2000". Akipress.com.
- ^ "Президент Киргизии впервые произнесет присягу перед народом". Ria.ru. 14 August 2005.
- ^ "The state leader Nursultan Nazarbayev participated in inauguration ceremony of Kyrgyzstan President Kurmanbek Bakiyev, and after that in opening new premises of Kazakhstan Embassy in Bishkek. — Official site of the President of the Republic of Kazakhstan". Archived from the original on 15 January 2021. Retrieved 14 May 2019.
- ^ "В столице Киргизии проходит инаугурация Курманбека Бакиева". Ria.ru. 14 August 2005.
- ^ "Otunbayeva Inaugurated as Kyrgyz President | Voice of America - English". www.voanews.com. Retrieved 25 January 2021.
- ^ "Otunbaeva Inaugurated As Kyrgyz President". RadioFreeEurope/RadioLiberty. Retrieved 25 January 2021.
- ^ "Otunbayeva sworn in as Kyrgyz leader in historic first". BBC News. 3 July 2010. Retrieved 25 January 2021.
- ^ "Roza Otunbayeva sworn in, becoming Central Asia's first female president". France 24. 3 July 2010. Retrieved 25 January 2021.
- ^ "Kyrgyzstan sets date for presidential inauguration". Hindustan Times. 30 June 2010. Retrieved 25 January 2021.
- ^ "Otunbayeva inaugurated as Kyrgyz president - CNN.com". www.cnn.com. Retrieved 25 January 2021.
- ^ "Almazbek Atambaev inaugurated as the president of Kyrgyzstan". Fergananews.com.
- ^ "Date of inauguration of new president of Kyrgyzstan approved". 24.kg. 1 November 2017.
- ^ "Инаугурация Садыра Жапарова состоится 28 января". РИА Новости (in Russian). 20 January 2021. Retrieved 25 January 2021.
- ^ Короткова, Елена (21 January 2021). "В Бишкеке несколько дней будут перекрывать улицы из-за инаугурации Садыра Жапарова". KLOOP.KG - Новости Кыргызстана (in Russian). Retrieved 25 January 2021.
- ^ ОСМОНАЛИЕВА, Бактыгуль (13 January 2021). "Инаугурация Садыра Жапарова. Когда и где она пройдет, и кого пригласили". 24.kg (in Russian). Retrieved 25 January 2021.
- ^ Constitution of the Kyrgyz Republic Archived 2008-12-21 at the Wayback Machine adopted by referendum on 21 October 2007 (in Russian); unofficial English translation Archived 2011-05-20 at the Wayback Machine on ACE: The Electoral Knowledge Network.
- ^ a b c d Kyrgyzstan: Parliament Adopts Constitution Curtailing The President's Powers Archived 2007-09-27 at the Wayback Machine RadioFreeEurope/RadioLiberty
- ^ a b Kyrgyzstan: Bishkek Prepares For Large Opposition Rally Archived 2006-11-04 at the Wayback Machine RadioFreeEurope/RadioLiberty
- ^ New constitution comes into force in Kyrgyzstan Archived 2007-06-07 at the Wayback Machine EurasiaNet
- ^ Kyrgyzstan curbs president power Archived 2022-01-18 at the Wayback Machine BBC News
- ^ Kyrgyz protesters call for change Archived 2007-01-03 at the Wayback Machine BBC News
- ^ Kyrgyz protesters accused of plot Archived 2012-11-08 at the Wayback Machine BBC News
- ^ Clashes erupt in Kyrgyz capital Archived 2008-03-09 at the Wayback Machine BBC News
- ^ Kyrgyz Independent Media Report Troubles Archived 2007-09-27 at the Wayback Machine RadioFreeEurope/RadioLiberty
- ^ Kyrgyz Parliament Adopts New Constitution Archived 2007-09-27 at the Wayback Machine RadioFreeEurope/RadioLiberty
- ^ Kyrgyzstan Cabinet resigns office Archived 2007-01-27 at the Wayback Machine BBC News
- ^ MP: Kurmanbek Bakiev has more power by new Constitution, than his predecessor Archived 2013-02-19 at archive.today 24.kg
- ^ "Kyrgyzstan: Court Ruling Restores 2003 Constitution - RADIO FREE EUROPE / RADIO LIBERTY". Archived from the original on 10 October 2007. Retrieved 18 September 2007.
- ^ "RIA Novosti - World - Kyrgyz leader calls referendum on Constitution change Oct. 21". Archived from the original on 5 June 2011. Retrieved 19 September 2007.
- ^ "OSCE observers back Kyrgyzstan referendum" https://www.bbc.co.uk/news/10432243. BBC News. 28 Jun 2010. Retrieved 16 Jul 2010.
- ^ New Kyrgyz constitution approved. Al Jazeera. June 28th, 2010.
- ^ a b Kyrgyz voters endorse new constitution. Wall Street Journal. June 28, 2010.
- ^ a b c How strong is Kyrgyzstan's new Constitution? Radio Free Europe. July 2, 2010.
- ^ Venice Commission positively values new draft of Kyrgyz Constitution. The Free Library. June 7, 2010.
- ^ "Kyrgyzstan's constitution declared missing ahead of referendum to amend it". Newsweek. 25 October 2016. Retrieved 30 January 2017.
- ^ "Who lost Kyrgyzstan's constitution?". Public Radio International. Retrieved 30 January 2017.
- ^ "Kyrgyzstan: Referendum hands Japarov the super-presidency he craved" https://eurasianet.org/kyrgyzstan-referendum-hands-japarov-the-super-presidency-he-craved. EurasiaNet. 11 April 2021
- ^ William Partlett, Kyrgyzstan’s 2021 Constitution: A Brief Comparative and Historical Analysis.