NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of May 12, 2006

According to the petition of the chief executive of Mary club limited liability company Mamazairova I. E. about recognition unconstitutional and contradicting Item 3 of Article 15, to Items 18 and 19 of Article 16, to Item 1 of Article 17 and Item 1 of article 22 of the Constitution of the Kyrgyz Republic of items 4 and the 5th article 11 of the Law "About Gambling Activities in the Kyrgyz Republic"

Constitutional court of the Kyrgyz Republic in structure: Chairman Bayekova Ch. T., vice-chairman Sutalinov A. A., P.N., Kenensariyev A. S. sudeydryzhaka., Togoybayeva Zh. Zh., Esenaliyeva K. E. and Esenkanova K. E.,

with participation of the court clerk Abdyldayeva Zh. M., parties: representatives of Mary club limited liability company of Mamazairova Inayat of Erkinovna and Sydykov Abdrakhman Isakovich who are acting on the basis of the power of attorney of April 18, 2006, the representative of Jogorku Kenesh of the Kyrgyz Republic Sherikulov Anarbek Suyunkulovich who is acting on the basis of the power of attorney of April 20, 2006, being guided by the subitem 1 of Item 3 of article 82 of the Constitution of the Kyrgyz Republic, article 13 of the Law "About the Constitutional Court of the Kyrgyz Republic" and article 11 of the Law "About the Constitutional Legal Proceedings of the Kyrgyz Republic" in proceeding in open court considered the petition of the chief executive of Mary club limited liability company Mamazairova I. E. about recognition unconstitutional and contradicting Item 3 of Article 15, to Items 18 and 19 of Article 16, to Item 1 of Article 17 and Item 1 of article 22 of the Constitution of the Kyrgyz Republic of items 4 and the 5th article 11 of the Law "About Gambling Activities in the Kyrgyz Republic".

Having heard the report of the judge Sutalinov A. A., speeches of representatives of Mary club limited liability company of Mamazairova I. E., Sydykova A. I., representative of Jogorku Kenesh of the Kyrgyz Republic Sherikulov A. S. and director of the Financial supervisory agency and reporting under the Government of the Kyrgyz Republic Toychubekov Yu. Zh., having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic the petition of the chief executive of Mary club limited liability company Mamazairova I. E. arrived on April 10, 2006. about recognition unconstitutional and contradicting Item 3 of Article 15, to Items 18 and 19 of Article 16, to Item 1 of Article 17 and Item 1 of article 22 of the Constitution of the Kyrgyz Republic of items 4 and the 5th article 11 of the Law "About Gambling Activities in the Kyrgyz Republic".

The following arguments are given to reasons for the petition. According to items 4 and 5 Laws "About Gambling Activities in the Kyrgyz Republic" proceeding from the territorial principles are established quotas for placement of casino, so in the city of Bishkek ten casinos, the city of Osh three casinos, the Issyk kul region four casinos, in other regional centers placement on one casino is established. Based on these regulations of the called Law, the Ministry of Finance of the Kyrgyz Republic refused licensing for casino under Mary club limited liability company. Therefore, the quotas established by items 4 and the 5th article 11 of the called Law violate the requirement of Item 3 of article 15 of the Constitution of the Kyrgyz Republic about equality of all citizens before the law as establishment of this quota, having deprived Mary club limited liability company of the right to carry on business, the Ministry of Finance of the Kyrgyz Republic made the selective relation when licensing for the organization of casino. In this regard, they, having been left without license, according to Items 18 and 19 of article 16 of the Constitution of the Kyrgyz Republic lost the rights to economic freedom, free use of capabilities and property for any economic activity which is not prohibited by the law, freedom of work. Also, the called provision of the law violates requirements of Item 1 of Article 17 and Item 1 of article 22 of the Constitution of the Kyrgyz Republic that in the Kyrgyz Republic the laws canceling or diminishing human rights and freedoms shall not be issued and the laws shall be applied to all citizens equally.

In judicial session representatives of Mary club limited liability company of Mamazairov I. E. and Sydykov A. I., having supported the petition, ask it to satisfy.

Representative of Jogorku Kenesh of the Kyrgyz Republic Sherikulov A. S. agreed with arguments of the petition and considers that it is subject to the decision according to the Constitution of the Kyrgyz Republic.

Constitutional court of the Kyrgyz Republic, having researched case papers and having listened to explanations of the parties, considers that the petition is subject to satisfaction on the following bases.

The item 4 of article 11 of the Law "About Gambling Activities in the Kyrgyz Republic" proceeding from the territorial principle in separate administrative and territorial units of settlements of the Kyrgyz Republic establishes the following quotas for placement of casino - in the city of Bishkek ten casinos, the city of Osh three casinos, and Item 5 quota for the Issyk kul region, in view of value of area as health resorts of republican value, 4 casinos are established. In other regional centers the quota on one casino is established.

According to these provisions of the law the Ministry of Finance of the Kyrgyz Republic letters of April 26 and on September 15, 2005 because licenses for ten casinos in the city of Bishkek are already granted, refused to Mary club limited liability company licensing for opening of casino.

In judicial session director of the State financial supervisory agency and reporting under the Government of the Kyrgyz Republic Toychubekov Yu. Zh. showed that really the Ministry of Finance of the Kyrgyz Republic already within a month after entry into force of the law "About Gambling Activities in the Kyrgyz Republic" were licenses of ten casinos are granted, the address of other applicants was not satisfied. Before issue of licenses the selection tender or tender did not appear as in the law conditions of establishment of quotas were not determined. Today, if the casino gaining million income for receipt of the license for ten-year term pays only once 300 som, the same 300 som monthly for the patent are paid by the entrepreneur baking flat cake. Non receipt of the license of Mary club limited liability company violates its constitutional rights.

In the Constitution and the laws of the Kyrgyz Republic activities for the organization and content of gambling institutions of casino are not prohibited. In Item 1 of article 21 of the Constitution of the Kyrgyz Republic it is specified that to citizens of the Kyrgyz Republic, any action and activities, except the prohibited and limited Constitution and the laws of the Kyrgyz Republic, and restriction with the considered provisions of the law only of the number of casino, without establishment of economic conditions of restriction is permitted to their associations, contradicts these requirements of the Constitution.

And also, issue of permission for opening of casino to the limited number of citizens and deprivation by the law of the others of such opportunity contradicts the principle about equality of all citizens before the law, that nobody can be exposed to any discrimination, infringement of the rights and freedoms on any other conditions and circumstances of public nature, stipulated in Item 3 articles 15 of the Constitution of the Kyrgyz Republic.

Besides, items 4 and the 5th article 11 of the Law "About Gambling Activities in the Kyrgyz Republic" contradict the requirements specified in Item 1 of article 22 of the Constitution of the Kyrgyz Republic that the laws of the Kyrgyz Republic on the rights and obligations of citizens shall be applied equally to all citizens and not create for anybody of them benefits and privileges, except the cases provided by the Constitution of the Kyrgyz Republic and the laws on social protection of citizens.

Besides, the called provisions of the law, establishment of restriction of number of the placed casinos, violate constitutional right of the citizens applying for receipt of the license for opening of casino on economic freedom, the free use of capabilities and property for any economic activity which is not prohibited by the law guaranteed by Item 18 of article 16 of the Constitution of the Kyrgyz Republic.

Based on stated and being guided by the subitem 1 of Item 3 of article 82 of the Constitution of the Kyrgyz Republic, articles 13 and 14 of the Law "About the Constitutional Court of the Kyrgyz Republic", articles 10, of 11, of 13, of 14, of 24, of 25, 29 and 30 Laws "About the Constitutional Legal Proceedings of the Kyrgyz Republic" the Constitutional court of the Kyrgyz Republic

DECIDED:

1. Recognize unconstitutional and contradicting Item 3 of Article 15, to Item 1 of Article 21 and Item 1 of article 22 of the Constitution of the Kyrgyz Republic of items 4 and the 5th article 11 of the Law "About Gambling Activities in the Kyrgyz Republic".

To satisfy the petition of Mary club limited liability company.

2. Cancel action of items 4 and the 5th article 11 of the Law "About Gambling Activities in the Kyrgyz Republic".

3. The final decision, is not subject to appeal. Surely to execution by all state bodies, officials and citizens.

4. The decision to publish in "Sheets of Jogorku Kenesh of the Kyrgyz Republic", newspapers: "Tuusu's Kyrgyz", "Word of Kyrgyzstan" and "Erkin Too".

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