NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of January 12, 2000

On idea of the deputy of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic Matubraimova Almambeta of recognition unconstitutional and inappropriate to Item 2 of article 60 of the Constitution of the Kyrgyz Republic of Article 13 of Regulations of the Meeting of national representatives of the Jogorku Kenesh of the Kyrgyz Republic approved by the resolution of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic of November 25, 1997, resolutions of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic P№707-1, P№711-1 and П№716-1 of November 26, 1997 and Article 12 of Regulations of the Meeting of national representatives of the Jogorku Kenesh of the Kyrgyz Republic approved by the resolution of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic of May 12, 1998

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 session secretary Nogoyev O. A., parties: the deputy of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic Matubraimova Almambeta and Toraga Sobraniya of national representatives of Jogorku Kenesh of the Kyrgyz Republic Erkebayev Abdygana, 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", in proceeding in open court considered representation of the deputy of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic Matubraimov A. about recognition unconstitutional and inappropriate to Item 2 of article 60 of the Constitution of the Kyrgyz Republic of Article 13 of Regulations of the Meeting of national representatives of the Jogorku Kenesh of the Kyrgyz Republic approved by the resolution of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic of November 25, 1997, resolutions of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic P№707-1, P№711-1 and П№716-1 of November 26, 1997 and Article 12 of Regulations of the Meeting of national representatives of the Jogorku Kenesh of the Kyrgyz Republic approved by the resolution of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic of May 12, 1998.

Having heard the report of the vice-chairman of the Constitutional court of the Kyrgyz Republic Sutalinov A. A., speeches of the deputy of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic Matubraimov A., Toraga of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic of Erkebayev A. and having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic idea of the deputy of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic Matubraimov A. of recognition unconstitutional and inappropriate to Item 2 of article 60 of the Constitution of the Kyrgyz Republic of Article 13 of Regulations of the Meeting of national representatives of the Jogorku Kenesh of the Kyrgyz Republic approved by the resolution of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic of November 25, 1997, resolutions of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic P№707-1, P№711-1 and П№716-1 of November 26, 1997 and Article 12 of Regulations of the Meeting of national representatives of the Jogorku Kenesh of the Kyrgyz Republic approved by the resolution of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic of May 12, 1998 arrived on July 12, 1999.

The deputy of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic Matubraimov A. brings the following arguments into reasons for representation. The resolution of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic of November 25, 1997 makes the additions in Article 13 of Regulations of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic providing rotation of Toraga of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic and his deputy. It makes attempt to bypass article 60 of the Constitution of the Kyrgyz Republic by replacement of the concept "dismissal" accepted by the majority at least two thirds of voices of the total number of deputies which is absent in it the concept "rotation" stated in the Constitution accepted by a majority vote that violates articles 12 and 60 of the Constitution of the Kyrgyz Republic.

In judicial session the deputy of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic Matubraimov A. asks to satisfy representation.

Toraga of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic Erkebayev A. considers representation unreasonable and not subject to satisfaction.

Constitutional court of the Kyrgyz Republic, having listened to explanations of deputies of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic of Usubaliyev T. U., Masaliyeva A. M., Tokoyeva I. N., having discussed arguments of the parties and having researched case papers considers that representation is subject to leaving without satisfaction on the following bases.

Apparently from the provided materials, the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic, the resolution of November 25, 1997 made changes and additions to Article 13 of Regulations of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic, having stated it in the following edition: "The Toraga of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic and his deputy are chosen from among deputies of the Meeting of national representatives secret vote with use of bulletins, with the subsequent rotation. The Toraga of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic and his deputy are accountable to the Meeting of national representatives.

Rotation of Toraga of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic and his deputy is carried out to the convocation period no more once after at least a half of term of office (2,5 of year).

The decision on rotation is made by secret vote using bulletins by a majority vote from total number of the elected deputies.

Rotation of Toraga of the Meeting of national representatives and his deputy is not considered their release, according to article 60 of the Constitution of the Kyrgyz Republic and these Regulations".

Next day, on November 26, 1997, by the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic it is solved: to carry out by the resolution No. 711-1 according to Sobraniya's Regulations of national representatives of Jogorku Kenesh of the Kyrgyz Republic rotation of Toraga and the deputy Toraga Sobraniya of national representatives of Jogorku Kenesh of the Kyrgyz Republic, and the resolution No. 707-1 to take secret vote using bulletins.

Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic the resolution on election of Toraga of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic deputy Erkebayev Abdygana is accepted on November 26, 1997.

The resolution of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic of May 12, 1998 approves new edition of Regulations of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic and Article 12 provides: "The Toraga of the Meeting of national representatives and his deputy are chosen from among deputies of the Meeting of national representatives secret vote with use of bulletins, with the subsequent rotation. The Toraga of the Meeting of national representatives and his deputy are accountable to the Meeting of national representatives.

Rotation of Toraga of the Meeting of national representatives and his deputy is carried out to the convocation period no more once after at least a half of term of office (2,5 of year).

The decision on rotation is made by secret vote with use of bulletins by a majority vote from total number of deputies".

Under the specified circumstances, the Constitutional court of the Kyrgyz Republic considers that from the date of adoption of the specified Regulations in the new edition, the Regulations of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic with changes and amendments approved by the resolution of November 25, 1997 which Article 13 is disputed regarding compliance of the Constitution of the Kyrgyz Republic stopped the action.

According to Item 2 of article 7 of the Constitution of the Kyrgyz Republic, the Jogorku Kenesh of the Kyrgyz Republic consisting of two chambers: General Court of Jogorku Kenesh and the Meeting of national representatives of Jogorku Kenesh, represents and performs the government in the Kyrgyz Republic within the powers established by the Constitution of the Kyrgyz Republic.

Election of heads of each chamber of Jogorku Kenesh, working bodies of each chamber and procedure for their activities as articles 60 and 62 of the Constitution of the Kyrgyz Republic are referred to competence of chambers of Jogorku Kenesh of the Kyrgyz Republic. According to part 2 of Item 3 of article 62 of the Constitution of the Kyrgyz Republic the procedure for activities of chambers of Jogorku Kenesh is determined by their regulations.

The question of duration of time of stay of the deputy to position Toraga of each chamber of Jogorku Kenesh and the deputy Toraga of the relevant chamber, also is under authority of each chamber of Jogorku Kenesh of the Kyrgyz Republic as article 60 of the Constitution of the Kyrgyz Republic does not provide any temporary restriction (term), and regulates only their election as secret vote.

Introduction by Regulations of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic of rotation of Toraga and the deputy Toraga of this chamber, with establishment of term of finding of deputies on these positions and the mechanism of carrying out rotation does not contradict 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. Refuse satisfaction of idea of the deputy of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic Matubraimova Almambeta of recognition unconstitutional and inappropriate to Item 2 of article 60 of the Constitution of the Kyrgyz Republic of Article 13 of Regulations of the Meeting of national representatives of the Jogorku Kenesh of the Kyrgyz Republic approved by the resolution of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic of November 25, 1997, resolutions of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic P№707-1, P№711-1 and П№716-1 of November 26, 1997 and Article 12 of Regulations of the Meeting of national representatives of the Jogorku Kenesh of the Kyrgyz Republic approved by the resolution of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic of May 12, 1998.

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

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