UPD: On October 10, MPs voted for Sadyr Japarov to become acting Prime Minister of Kyrgyzstan. However, there are doubts about the presence of a quorum at the session of deputies and the legitimacy of such a decision.
No, ex-deputy Sadyr Zhaparov freed by protesters from the colony in the morning of October 6 is just a candidate for the head of the Cabinet of Ministers. He was nominated by the coalition of the majority in the parliament. However, the extraordinary session of deputies did not have a quorum, so the legality of this decision is doubtful.
Besides, there are questions about the criminal record of Zhaparov, which was allegedly removed, and questions about the compliance with procedures and time. According to the law “On the government of the Kyrgyz Republic”, prime minister may not be a person with criminal record that is not removed or cancelled as required by law (article 8, paragraph 1).
Moreover, there are other candidates running for the post of prime minister:
Omurbek Babanov nominated by Respublika party.
Also, the Union of Banks of Kyrgyzstan proposed the candidature of Erkin Asrandiev, current vice prime minister of the government.
Representatives of business associations nominated Askar Sydykov, an executive director of International Business Council.
However, according to lawyer of legal company Precedent Edil Eraliev, various associations may propose candidates, but the law of the country has it that the right to nominate a candidate for prime minister is vested upon, in consecutive order:
- factions that have over a half of deputy mandates, or coalition of factions with its participation;
- coalition of factions that form the parliamentary majority.
The 6th convocation of the parliament has no faction that have over a half of mandates, but it does have the majority coalition. Therefore, only deputies may appoint and approve the candidature of prime minister.
The law does not prescribe any other order of approval of the head of government. Even if Kyrgyzstan did not have the majority coalition and factions with over a half of mandates, the president would ask factions to nominate a prime minister by law.
Earlier, the country was never in such a situation and the law does not have other procedures for nomination and approval of the head of the cabinet of ministers.
So far, according to the law, after the resignation of prime minister and prior to the election of a new head of the cabinet of ministers, the new head of the cabinet of ministers shall be acting first vice minister. This is Almazbek Baatyrbekov. But according to the message of the press service of the government, vice prime minister Erkin Asrandiev is in charge of social and economic issues.