NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of February 28, 2003 Bishkek

On representations of deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Asanov B. Zh., Abdimomunova A., Akunov B., Beknazarov A. A., Bekboyeva B. S., Duysheev O. D., Isakov I. I., Kadyrbekova I. D., Madumarova A. K., Masaliyeva A. M. and Pronenko A. P. about recognition unconstitutional and contradicting Item 1 of Article 3, to Item 1 of Article 59 and Item 6 of article 65 of the Constitution of the Kyrgyz Republic of the Laws "About Ratification of the Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese Frontier" of April 10, 1998 and "About ratification of the Supplementary Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese frontier" of May 25, 2002

Constitutional court of the Kyrgyz Republic in structure:

Chairman Bayekova Ch. T., vice-chairman Sutalinov A. A., judges - Dryzhaka P. N., Kayypova M. T., Kenensariyev A. S., Togoybayeva Zh. Zh., Esenaliyeva K. E. and Esenkanova K. E.,

with participation of the court clerk Ashirova A.,

parties: deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Beknazarov Azimbek Anarkulovich, Isakov Ismail Isakovich and Kadyrbekov Ishenbaya of Duyshenbiyevich acting from the and on behalf of deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Asanov B. M., Abdimomunov A., Akunov B., Bekboyev B. S., Duysheev O. D., Madumarov A. K., Masaliyeva A. M. and Pronenko A. P. based on the notarized power of attorney of December 27, 2002; representatives of General Court of Jogorku Kenesh of the Kyrgyz Republic: Erkebayev Abdygana Erkebayevich - Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic and the deputy Kurmanov Zaynidin Karpekovich, the acting on the basis of the powers of attorney of December 27, 2002; the representative of Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic deputy Isaev Kydykbek Shaydinovich who is acting on the basis of the power of attorney of September 10, 2002, signed Toraga of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic; representatives of the President of the Kyrgyz Republic: Osmonova of Kurmanbek Ergeshovichapervy of the vice-Prime Minister - the Minister of Justice of the Kyrgyz Republic, Ismailov Anarbek Kasymovich - the manager of legal department of Administration of the President of the Kyrgyz Republic, Mamyrov Erkinbek Tobokelovich - the First Deputy Minister of Justice of the Kyrgyz Republic, the acting on the basis of the powers of attorney of September 17 and on December 29, 2002, signed by the President of the Kyrgyz Republic; representatives of the Government of the Kyrgyz Republic: Aitmatov Askar Chingizovich - the Minister of Foreign Affairs of the Kyrgyz Republic and Alamanov Salamat Kulembekovich - the head of department of regional problems of the Office of the Prime Minister of the Kyrgyz Republic, the acting on the basis of the powers of attorney of August 7, 2002 signed by the Prime Minister of the Kyrgyz Republic, being guided by 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", considered in proceeding in open court of representation of deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Asanov B. Zh., Abdimomunova A., Akunov B., Beknazarov A. A., Bekboyeva B. S., Duysheev O. D., Isakov I. I., Kadyrbekova I. D., Madumarova A. K. Masaliyeva A. M. and Pronenko A. P. about recognition unconstitutional and contradicting Item 1 of Article 3, to Item 1 of Article 59 and Item 6 of article 65 of the Constitution of the Kyrgyz Republic of the Laws "About Ratification of the Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese Frontier" of April 10, 1998 and "About ratification of the Supplementary Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese frontier" of May 25, 2002.

Having heard the report of the judge of the Constitutional court of the Kyrgyz Republic Dryzhak P. N., speech of deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic - Beknazarova A. A., Isakova I. I. and Kadyrbekova I. D.; representatives of General Court of Jogorku Kenesh of the Kyrgyz Republic - Erkebayev A. E. deputies. and Kurmanova Z. K.; the representative of Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic - the deputy Isaev K. Sh.; representatives of the President of the Kyrgyz Republic Osmonov K. E., Ismailova A. K. and Mamyrova E. T.; representatives of the Government of the Kyrgyz Republic of Aitmatov A. Ch. and Alamanova S. K., having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic representation of deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Asanov B. Zh. arrived on May 16, 2002., Abdimomunova A., Akunov B., Beknazarov A. A., Bekboyeva B. S., Duysheev O. D., Isakov I. I., Kadyrbekova I. D., Madumarova A. K., Masaliyeva A. M. and Pronenko A. P. about recognition to the unconstitutional and contradicting Item 1 of Article 3, Items 1 of Article 59 and Item 6 of article 65 of the Constitution of the Kyrgyz Republic of the Law "About Ratification of the Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese Frontier" of April 10, 1998.

From the same deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic the second idea of recognition to the unconstitutional and contradicting Item 1 of Article 3, Items 1 of Article 59 and Item 6 of article 65 of the Constitution of the Kyrgyz Republic of the Law "About Ratification of the Supplementary Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese Frontier" of May 25, 2002 on June 10, 2002 arrived.

According to Item 7 of part 5 of article 22 of the Law "About the Constitutional Legal Proceedings of the Kyrgyz Republic", determination of judges of the Constitutional court of the Kyrgyz Republic of December 20, 2002, consideration of these representations is connected in one legal proceedings because they proceed from the same persons and requirements are connected among themselves.

Deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic bring the following arguments into reasons for the requirements. According to Article 9 of the Declaration on the State sovereignty of the Republic Kyrgyzstan of December 15, 1990 the Republic Kyrgyzstan territory in the existing borders is inviolable and without its consent cannot be changed. This provision found reflection in the Declaration on the state independence of the Kyrgyz Republic of August 31, 1991. China, recognizing in 1991 Kyrgyzstan as the independent state, recognized the territory within the existing borders and did not declare any claims. Article 3 of the Constitution of the Kyrgyz Republic of May 5, 1993 confirmed immunity and indivisibility of the territory of the Kyrgyz Republic in the existing borders.

The law "About Ratification of the Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese Frontier" is adopted by General Court of Jogorku Kenesh of the Kyrgyz Republic on December 26, 1997 one reading, by a majority vote from total number of deputies, approved by the Meeting of national representatives on March 17, 1998 and the Law of the Kyrgyz Republic "About ratification of the Supplementary Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese frontier" General Court of Jogorku Kenesh of the Kyrgyz Republic is signed on May 10, 2002 by the President of the Kyrgyz Republic on April 10, 1998, also accepted by one reading and by a simple majority vote, approved by the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic on May 17, 2002 and signed by the President of the Kyrgyz Republic on May 25, 2002.

As the group of deputies of General Court in the representation claims, the agreements signed by the President of the Kyrgyz Republic actually the existing frontier of the Kyrgyz Republic for benefit of China changes. According to Item 1 of article 59 of the Constitution of the Kyrgyz Republic the laws on change of borders of the Kyrgyz Republic are accepted by both chambers of Jogorku Kenesh of the Kyrgyz Republic the majority at least two thirds of voices of total number of deputies of each of chambers. Item 6 of article 65 of the Constitution of the Kyrgyz Republic determines that the laws on change of borders are considered accepted after carrying out at least two readings if at least two thirds of total number of deputies of each of chambers of Jogorku Kenesh of the Kyrgyz Republic voted for them. With respect thereto, deputies ask to recognize the specified laws unconstitutional and contradicting Item 1 of Article 3, to Item 1 of Article 59 and Item 6 of article 65 of the Constitution of the Kyrgyz Republic.

In judicial session deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic Beknazarov A. A., Isakov I. I. and Kadyrbekov I. D., having supported the requirements, consider that the called Laws are adopted in defiance of the procedures provided by the Constitution of the Kyrgyz Republic ask to satisfy representations.

Representatives of General Court of Jogorku Kenesh of the Kyrgyz Republic deputies Erkebayev A. and Kurmanov Z. K. claim that the specified Laws are adopted with observance of procedures, stipulated in Item 2 Articles 59 and Item 5 of article 65 of the Constitution of the Kyrgyz Republic, ask to leave representations without satisfaction.

Representative of Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic deputy Isaev K. Sh., having supported representatives of General Court of Jogorku Kenesh of the Kyrgyz Republic, with the arguments stated in representations he does not agree, asks to leave them without satisfaction.

Representatives of the President of the Kyrgyz Republic Osmonov K. E., Ismailov A. K. and Mamyrov E. T. representations of group of deputies consider unreasonable and ask to leave them without satisfaction.

Representatives of the Government of the Kyrgyz Republic Aitmatov A. Ch. and Alamanov S. K. also consider representations unreasonable and ask to refuse satisfaction of requirements of deputies.

Constitutional court of the Kyrgyz Republic, having discussed arguments of the parties and having researched case papers, considers that representations of deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic are not subject to satisfaction on the following bases.

From the materials provided by the parties it is visible that on July 9, 1997 the President of the Kyrgyz Republic sent to General Court and the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic for consideration the bill of the Kyrgyz Republic "About ratification of the Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese border".

This law is adopted by General Court of Jogorku Kenesh of the Kyrgyz Republic the majority from total number of deputies on December 26, 1997, approved by the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic on March 17, 1998 and signed by the President of the Kyrgyz Republic on April 10, 1998.

The government of the Kyrgyz Republic sent on May 3, 2002 to General Court of Jogorku Kenesh of the Kyrgyz Republic the bill of the Kyrgyz Republic "About ratification of the Supplementary Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese frontier" which is accepted on May 10, 2002 by General Court the majority from total number of deputies, is approved by the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic on May 17, 2002 and is signed by the President of the Kyrgyz Republic on May 25, 2002.

Legislative activity of Jogorku Kenesh of the Kyrgyz Republic is regulated by the Constitution of the Kyrgyz Republic which differentiated limits of the competence of General Court and Meeting of national representatives which fixed both individual, and their identical powers, determined specific procedure for their realization through the special procedures established by the Constitution.

Behind both chambers of Jogorku Kenesh of the Kyrgyz Republic especially important powers on change of borders of the Kyrgyz Republic, are assigned to General Court of Jogorku Kenesh of the Kyrgyz Republic - the subitem 4 of Item 1 of article 58 of the Constitution of the Kyrgyz Republic, and behind the Meeting of national representatives - the subitem 5 of Item 2 of the same Article which they have the right to realize only accurately observing the requirements of Item 1 of Article 59 and Item 6 of article 65 of the Constitution of the Kyrgyz Republic providing that the laws on change of borders of the Kyrgyz Republic are adopted by both chambers of Jogorku Kenesh and are considered accepted after carrying out at least two readings if at least two thirds of total number of deputies of each of chambers of Jogorku Kenesh of the Kyrgyz Republic voted for them.

Unlike the above-named identical powers of both chambers, ratification and denouncement of international treaties, according to the subitem 9 of Item 1 of article 58 of the Constitution of the Kyrgyz Republic are referred to competence of General Court of Jogorku Kenesh of the Kyrgyz Republic, and the realization of these powers is enabled with observance of requirements of Item 2 of Article 59 and Item 5 of article 65 of the Constitution of the Kyrgyz Republic providing adoption of such laws by General Court with their subsequent approval of national representatives by Meeting and they are considered approved if more than a half from total number of deputies of this chamber voted for them.

As it is established in judicial session, drafts of the Laws "About Ratification of the Agreement between the Kyrgyz Republic and People's Republic of China About the Kyrgyz-Chinese Frontier" and "About Ratification of the Supplementary Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese Frontier" are introduced in Jogorku Kenesh of the Kyrgyz Republic according to article 64 of the Constitution of the Kyrgyz Republic subjects of constitutional right on the legislative initiative - the President and the Government of the Kyrgyz Republic.

Compliance of names of the Laws to their content do not raise doubts and there are no bases for interpretation them as the laws on change of borders.

By constitutional court it is determined that actions of General Court and the Meeting of national representatives of Jogorku Kenesh, in case of the solution of question of adoption of the called Laws on ratification of international treaties are in limits of their constitutional powers conferred to each of chambers of Jogorku Kenesh by the Constitution of the Kyrgyz Republic.

Requirements of deputies of Asanov B. Zh., Abdimomunova A., Akunov B., Beknazarov A. A., Bekboyeva B. S., Duysheev O. D., Isakov I. I., Kadyrbekova I. D., Madumarova A. K. Masaliyeva A. M. and Pronenko A. P., the laws on change of borders of the Kyrgyz Republic applying for establishment of violation of the procedure of acceptance, stipulated in Item 6th article 65 of the Constitution of the Kyrgyz Republic are not pertinent as they are not applicable to procedure for discussion and adoption of the Laws "About Ratification of the Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese Frontier" of April 10, 1998 and "About ratification of the Supplementary Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese frontier" of May 25, 2002 as their initiators - the President and the Government of the Kyrgyz Republic - before chambers of Jogorku Kenesh of the Kyrgyz Republic did not put question of change of borders and, apparently from the materials provided by the parties, such initiative in the procedure established by the law was shown by nobody.

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. Refuse satisfaction of representations of deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Asanov B. Zh., Abdimomunova A., Akunov B., Beknazarov A. A., Bekboyeva B. S., Duysheev O. D., Isakov I. I., Kadyrbekova I. D., Madumarova A. K., Masaliyeva A. M. and Pronenko A. P. about recognition unconstitutional and contradicting Item 1 of Article 3, to Item 1 of Article 59 (in edition of the Constitution of the Kyrgyz Republic of May 5, 1993) and to Item 6 of article 65 of the Constitution of the Kyrgyz Republic of the Laws "About Ratification of the Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese Frontier" of April 10, 1998 and "About ratification of the Supplementary Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese frontier" of May 25, 2002.

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

3. 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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