NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of March 3, 2000

According to the petition of Alyans public joint stock company for recognition to unconstitutional and inappropriate Article 4, to Item 2 of Article 7, to the paragraph of the 13th Item 2 of Article 16, to Items 1 and 2 of Article 19, to Articles 38, 79, to Items 2 and 3 of Article 84 and article 88 of the Constitution of the Kyrgyz Republic of the law-enforcement practice established by the resolution of judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic of April 23, 1998 on case on the claim of Maksat joint stock bank to Alyans joint-stock company about collection of the amount of 1099168 som

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., Esenkanova K. E. and Esenaliyeva K. E.,

with participation of the court clerk Duyshaliyeva M. Dzh., parties: the CEO of Alyans public joint stock company Kurmanbekovoy Munarkul and the representative of this society Kairbekova Zulfia Talgatovna who is acting on the basis of the power of attorney of January 17, 2000, signed by the CEO of Alyans public joint stock company, the representative of the Supreme Arbitration Court of the Kyrgyz Republic Tyurin Vladimir Ivanovich who is acting on the basis of the power of attorney of December 6, 1999, the signed Chairman of the Supreme Arbitration Court 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 the petition of Alyans public joint stock company for recognition to unconstitutional and inappropriate Article 4, to Item 2 of Article 7, to the paragraph of the 13th Item 2 of Article 16, to Items 1 and 2 of Article 19, to Articles 38 and 79, to Items 2 and 3 of Article 84 and article 88 of the Constitution of the Kyrgyz Republic of the law-enforcement practice established by the resolution of judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic of April 23, 1998 on case on the claim of Maksat joint stock bank to Alyans joint-stock company about collection of the amount of 1099168 som.

Having heard the report of the judge Esenaliyev K. E., speeches of the CEO of Alyans public joint stock company Kurmanbekova M. and representative of this society Kairbekova Z. T., representative of the Supreme Arbitration Court of the Kyrgyz Republic Tyurin V. I., having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic the petition of Alyans public joint stock company for recognition to unconstitutional and inappropriate Article 4, to Item 2 of Article 7, to the paragraph of the 13th Item 2 of Article 16, to Items 1 and 2 of Article 19, to Articles 38 and 79, to Items 2 and 3 of Article 84 and article 88 of the Constitution of the Kyrgyz Republic of the law-enforcement practice established by the resolution of judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic of April 23, 1998 on case on the claim of Maksat joint stock bank to Alyans joint-stock company about collection of the amount of 1099168 som arrived on November 19, 1999.

The following arguments are given to reasons for the petition. Judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic, having considered case on the supervising claim of Alyans joint-stock company, the resolution of April 23, 1998 upheld the decision of Arbitration Court of the city of Bishkek of September 22, 1997 about collection of credit debt for benefit of Maksat joint stock bank from Alyans joint-stock company in the amount of 1099168 som and resolutions of appellate instance of the Bishkek city court of February 2, 1998 about leaving without change of this decision. Judicial protection of the property right of Alyans joint-stock company shall be performed by judicial bodies, stipulated in Item 2 articles 79 of the Constitution of the Kyrgyz Republic.

The specified practice of the Supreme Arbitration Court of the Kyrgyz Republic also contradicts Item 3 of article 84 of the Constitution of the Kyrgyz Republic, providing that supervision of judicial activities of Arbitration Courts of areas and the city of Bishkek performs the Supreme Arbitration Court of the Kyrgyz Republic.

The judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic consisting of three judges determined by the Chairman of the Supreme Arbitration Court of the Kyrgyz Republic is not the Supreme Arbitration Court of the Kyrgyz Republic and cannot review the resolution of appellate instance of the city of Bishkek and violates constitutional rights of Alyans public joint stock company on equality of all before the law and court, the right to property and its protection in proper judicial authority guaranteed by Article 4, Item 3 of Article 15, Item 2 of Article 16, Item 2 of Article 19, Item 3 of Article 84, Item 1 of Article 87 and Item 2 of article 88 of the Constitution of the Kyrgyz Republic.

In judicial session CEO of Alyans public joint stock company Kurmanbekova M. and representative of this society Kairbekova Z. T., ask to satisfy the petition.

Representative of the Supreme Arbitration Court of the Kyrgyz Republic Tyurin V. I., without having agreed with petition arguments, asks to stop the constitutional legal proceedings.

Constitutional court of the Kyrgyz Republic, having discussed arguments of the parties and having researched case papers, considers the petition subject to satisfaction on the following bases.

From the provided materials it is visible that the Arbitration Court of the city of Bishkek the decision of September 22, 1997 exacted from the settlement account of Alyans joint-stock company for benefit of Maksat joint stock bank 1099168 catfishes of principal debt and the national duty in the amount 32083 som.

This judgment is left by the resolution of appellate instance of Arbitration Court of the city of Bishkek of February 2, 1998 without change, and the petition for appeal - without satisfaction.

Having considered case on the supervising claim of Alyans joint-stock company, judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic the resolution of April 23, 1998 the decision of Arbitration Court of the city of Bishkek of September 22, 1997 and left the specified resolution of appellate instance of February 2, 1998 without change and the statement of Alyans joint-stock company - without satisfaction.

The constitutional court of the Kyrgyz Republic, in earlier made decisions repeatedly recognized illegality of consideration of arbitration cases by judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic. The judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic, stipulated in Article 148 Arbitral Procedure Codes of the Kyrgyz Republic is acknowledged as unconstitutional judicial body the solution of the Constitutional court of the Kyrgyz Republic of January 29, 1999 according to the petition of Kyrgyzenergo joint-stock company.

The judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic in case of adoption of the resolution of April 23, 1998 on case on the claim of Maksat joint stock bank to Alyans joint-stock company about collection of the amount of 1099168 som, was guided by Articles 154, of 157, 158 and 161 Arbitral Procedure Codes of the Kyrgyz Republic which are acknowledged unconstitutional and inappropriate to item 4 of Article 79, to Item 3 of article 84 of the Constitution of the Kyrgyz Republic the solution of the Constitutional court of the Kyrgyz Republic of February 24, 2000 according to the petition of joint commercial Industrial Construction Bank of the Kyrgyz Republic.

Under the specified circumstances, the Constitutional court of the Kyrgyz Republic considers that the law-enforcement practice established by the resolution of judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic of April 23, 1998 on case on the claim of Maksat joint stock bank to Alyans joint-stock company about collection of the amount of 1099168 som contradicts item 4 of Article 79, to Item 3 of article 84 of the Constitution of the Kyrgyz Republic and violates constitutional rights of shareholders of Alyans joint-stock company on providing with justice and the judicial protection of all rights and freedoms guaranteed by item 4 of Article 15 and Item 2 of article 38 of the Constitution of the Kyrgyz Republic.

Based on stated and being guided by the subitem 8 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 inappropriate to Items 1, 2 Articles 79 and to Item 3 of article 84 of the Constitution of the Kyrgyz Republic the law-enforcement practice established by the resolution of judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic of April 23, 1998 on case on the claim of Maksat joint stock bank to Alyans joint-stock company about collection of the amount of 1099168 som.

Satisfy the petition of Alyans joint-stock company.

2. The resolution of judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic of April 23, 1998 about leaving without change of the decision of Arbitration Court of the city of Bishkek of September 22, 1997 and the resolution of appellate instance of Arbitration Court of the city of Bishkek of February 2, 1998 on case on the claim of Maksat joint stock bank to Alyans joint-stock company about collection of the amount of 1099168 som is not subject to execution.

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", "Erkin Too" and "Our newspaper".

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