Kyrgyz President Kurmanbek Bakiyev has offered an alternative delegation of power in case of his death or incapacity to execute his duties. The initiative was put forward within the framework of recent reforms of state institutions. President Bakiyev’s unexpected proposal became the topic of heated discussions in the public and is generally considered a deliberate step towards a “father-to-son” power succession.

On December 14, the president introduced a draft bill on “Introducing changes to the Constitution of the Kyrgyz Republic” in the parliament. “The draft bill is directed to adjust the powers of president, parliament and government with consideration of the newly launched reforms in the system of public administration”, the presidential press service stated.

The whole point of the draft bill is to legalize the changes the president has already introduced. In particular, Bakiyev suggests the elimination of the institutions of the State Secretary, the Presidential Administration and the Security Council, which were recently abolished de facto. At the same time, the president strives to create a Presidential Council and other consultative and coordinating bodies within his own administration.

Meanwhile, his opponents claim that dissolving the above-mentioned institutions, which are specified in the country’s main legal document, violates the Constitution. Opposition leader Omurbek Tekebaev stated to the Svoboda (Freedom) Radio Service that the opposition has indicated seven cases where the president has abused his authority, including his elimination of the constitutional institutions.

While the reforms have overall been contested, debates over one specific provision in the draft bill have become especially heated within political circles. The proposed statute provides for a new line of succession in case of the president’s death or incapacity to fulfill his duties. Whereas the elimination or establishment of institutions was previously announced by the president and more or less expected, the new norm for presidential power delegation was quite surprising to the public.

According to the legislative proposal, presidential powers will not be delegated to the Speaker of Parliament, as stated in the Constitution, but to “another person” chosen by the Presidential Council by a simple majority of votes. As a matter of fact, this provision of the draft bill will eradicate the notion of the Speaker as the “second person” in the country. It is notable that the Presidential Council is not formed yet, although it is assumed that the new body will be comprised of representatives of the President’s Administration, parliament, government, and civil society.

The draft bill authors justify the initiative by stating that “the mission of the Parliamentary Speaker is to perform representative and administrative functions within the legislative body and the delegation of presidential powers to him might jeopardize the sustainable and stable functioning of the state system”.

The proposal has already been approved by the parliamentary committee on constitutional legislation and the state system. After a brief discussion at the session, the bill was sent to the Constitutional Court for review. If it is found to comply with the constitution, the draft law will again be debated at the parliamentary session. In theory, the bill has a long way to go before becoming a law. However, no one doubts that the draft bill will be adopted.

Many experts and opposition leaders believe that this line of succession scheme is the easiest way to bring a successor to the highest position in the state. Moreover, according to a poll by the Vremya Novostey news agency, many Kyrgyz politicians and experts believe the norm is designed to bring Maksim Bakiyev, the president’s youngest son, to power. “These new changes will legalize the delegation of supreme power based on the family principle”, stated Roza Otunbaeva, leader of the opposition faction in the Kyrgyz parliament.

Maksim Bakiyev is already considered to be the “second person” in the country in practice. Heading the newly-founded Central Agency on Development, Investments and Innovations (CADII), the body controlling the country's biggest economic projects and strategic state assets, he successfully continues to bring all state-owned businesses in the country under his agency. Recently, shares of the KyrgyzAltyn enterprise, the biggest gold-mining company in the country, were passed on to the CADII. According to the company, it produces 97 percent of all gold in Kyrgyzstan in partnership with foreign investors. The gold-mining industry makes up 10 percent of the country's GDP.

While the draft bill is still under consideration, the debates around it have not yet reached their climax. The outcomes of this issue will depend on how determined the president is in realizing his succession plans.