NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of March 29, 2000

According to the petition of Kurulush-Bank joint stock bank for recognition of Article unconstitutional and inappropriate to Item 2 7, to Item 3 of Article 15, to Items 2, 3 and 4 Articles 79, to Item 2 of Article 83, to Item 2 of Article 88 and article 90 of the Constitution of the Kyrgyz Republic of the law-enforcement practice established by determination of judicial board on civil cases of the Supreme Court of the Kyrgyz Republic of May 13, 1998 on case on the claim of shareholders of Kyrgyz-Dolbor joint-stock company to Kyrgyz-Dolbor joint-stock company, Sarybayev E. A., to notary office of Leninsky district of the city of Bishkek, Kurulush-Bank joint stock bank and joint joint stock bank "Kyrgyz-Zher" about recognition invalid the pledge agreement and executive text of notary office

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 Astarkulov D. Sh., the parties: the representative of Kurulush-Bank joint stock bank Karaulova Larisa Kerimovna who is acting on the basis of the power of attorney of October 1, 1999, the signed chairman of the board of this bank and the representative of the Supreme Court of the Kyrgyz Republic, the judge Azhibraimova Ayzhamal Musuratbekovny, acting on the basis of the power of attorney of October 7, 1999, the signed Chairman of the Supreme 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 Kurulush-Bank joint stock bank for recognition of Article unconstitutional and inappropriate to Item 2 7, to Item 3 of Article 15, to Items 2, 3 and 4 Articles 79, to Item 2 of Article 83, to Item 2 of Article 88 and article 90 of the Constitution of the Kyrgyz Republic of the law-enforcement practice established by determination of judicial board on civil cases of the Supreme Court of the Kyrgyz Republic of May 13, 1998 on case on the claim of shareholders of Kyrgyz-Dolbor joint-stock company to Kyrgyz-Dolbor joint-stock company, Sarybayev E. A. to notary office of Leninsky district of the city of Bishkek, Kurulush-Bank joint stock bank and joint joint stock bank "Kyrgyz-Zher" about recognition invalid the pledge agreement and executive text of notary office.

Having heard the report of the judge Esenkanov K. E., speeches of representatives of Kurulush-Bank joint stock bank of Karaulova L. K. and Supreme Court of the Kyrgyz Republic, judge Azhibraimova A. M., having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic the petition of Kurulush-Bank joint stock bank for recognition of Article unconstitutional and inappropriate to Item 2 7, to Item 3 of Article 15, to Items 2, 3 and 4 Articles 79, to Item 2 of Article 83, to Item 2 of Article 88 and article 90 of the Constitution of the Kyrgyz Republic of the law-enforcement practice established by determination of judicial board on civil cases of the Supreme Court of the Kyrgyz Republic of May 13, 1998 on case on the claim of shareholders of Kyrgyz-Dolbor joint-stock company to Kyrgyz-Dolbor joint-stock company, Sarybayev E. A. arrived on July 19, 1999., to notary office of Leninsky district of the city of Bishkek, Kurulush-Bank joint stock bank and joint joint stock bank "Kyrgyz-Zher" about recognition invalid the pledge agreement and executive text of notary office.

The following arguments are given to reasons for the petition. Determination of Leninsky district court of October 4, 1996 according to the pledge agreement and based on executive text of notary office, in debt repayment according to the loan to the possession of Kurulush-Bank joint stock bank transferred the production case belonging to Kyrgyz-Dolbor joint-stock company. By the decision of Leninsky district court of November 20, 1997 in the claim of shareholders of Kyrgyz-Dolbor joint-stock company for recognition invalid executive text and the transaction insignificant, it is refused. This decision is left determination of judicial board on civil cases of the Bishkek city court of February 16, 1998 without change.

Determination of judicial board on civil cases of the Supreme Court of the Kyrgyz Republic of May 13, 1998, the above-stated court decrees were cancelled, with the direction of case on new trial on the first instance in the Bishkek city court. The judicial board on civil cases of the Bishkek city court the decision of October 14, 1998 recognized invalid the pledge agreement of the production case signed between Kyrgyz-Dolbor joint-stock company and Kurulush-Bank joint stock bank and executive text of notary office returned the production case to Kyrgyz-Dolbor joint-stock company.

According to Item 2 of article 83 of the Constitution of the Kyrgyz Republic the right of implementation of supervision of judicial activities of local courts is provided to the Supreme Court of the Kyrgyz Republic, but not judicial board on civil cases of the Supreme Court of the Kyrgyz Republic and as it is unconstitutional judicial body, the law-enforcement practice established by its determination of May 13, 1998 on the above-stated case is unconstitutional and contradicts Item 2 of Article 79 and Item 2 of article 83 of the Constitution of the Kyrgyz Republic. Similar unconstitutional law-enforcement practice entailed the violations of property rights of shareholders of Kurulush-Bank joint stock bank, stipulated in Item 1 Article 4, Item 2 of article 19 of the Constitution of the Kyrgyz Republic and constitutional rights on equal judicial protection at any stage of legal procedure guaranteed by article 88 of the Constitution of the Kyrgyz Republic.

In judicial session representative of Kurulush-Bank joint stock bank Karaulova L. K. asks to satisfy the petition.

Representative of the Supreme Court of the Kyrgyz Republic, judge Azhibraimova A. M. agreed with petition arguments.

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.

Apparently from the provided materials, the judicial board on civil cases of the Supreme Court of the Kyrgyz Republic determination of May 13, 1998 cancelled the decision of Leninsky district court of November 20, 1997 about refusal in the claim to shareholders of Kyrgyz-Dolbor joint-stock company to Kyrgyz-Dolbor joint-stock company, Sarybayev E. A. to notary office of Leninsky district, Kurulush-Bank joint stock bank, joint joint stock bank "Kyrgyz-Zher" about recognition invalid pledge agreements of the production case of the Kyrgyz-Dolbor joint-stock company concluded on March 14, 1996 and the text made by Lenin notary office on September 12, 1996, reclamation from adverse possession of Kurulush-Bank joint stock bank for benefit of Kyrgyz-Dolbor joint-stock company of the production case and also determination of judicial board on civil cases of the Bishkek city court of February 16, 1998 about leaving of the specified judgment without change, and the writ of appeal without satisfaction. Case is sent for new trial on the first instance in the Bishkek city court.

As the decision of judicial board on civil cases of the Bishkek city court of October 14, 1998 are recognized invalid the pledge agreement of the production case of Kyrgyz-Dolbor joint-stock company down the street Moskovskaya-172, of March 14, 1996 signed between Kurulush-Bank joint stock bank and Kyrgyz-Dolbor joint-stock company and the executive text made by office of notary public of Leninsky district of the city of Bishkek of September 12, 1996 for No. 2903, with transfer into the ownership to Kyrgyz-Dolbor joint-stock company of the production case which is down the street Moscow-172 the city of Bishkek from adverse possession of Kurulush-Bank joint stock bank.

Unconstitutional judicial body - judicial board on civil cases of the Supreme Court of the Kyrgyz Republic, the Constitutional court of the Kyrgyz Republic recognized in earlier made decisions of March 12, 1999 according to the petition of the citizen Okoyev K., of June 3, 1999 according to the petition of the citizen Yeliseyev A. V. and others.

The constitutional court of the Kyrgyz Republic considers that the law-enforcement practice established by determination of judicial board on civil cases of the Supreme Court of the Kyrgyz Republic of May 13, 1998 on this case contradicts Items 1, 2 Articles 79 and to Item 2 of article 83 of the Constitution of the Kyrgyz Republic and violates the constitutional rights of shareholders of Kurulush-Bank joint stock bank on providing with justice and judicial protection of all rights and freedoms set by the Constitution and the laws guaranteed by item 4 of Article 15 and Item 2 of article 38 of the Constitution of the Kyrgyz Republic.

According to item 4 of article 82 of the Constitution of the Kyrgyz Republic the decision of judicial board on civil cases of the Bishkek city court of October 14, 1998 on the same case is not subject to execution as based on unconstitutional court resolution.

Based on stated and being guided by the subitem 8 of Item 3 and item 4 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 2 of article 83 of the Constitution of the Kyrgyz Republic the law-enforcement practice established by determination of judicial board on civil cases of the Supreme Court of the Kyrgyz Republic of May 13, 1998 on case on the claim of shareholders of Kyrgyz-Dolbor joint-stock company to Kyrgyz-Dolbor joint-stock company, Sarybayev E. A. to notary office of Leninsky district of the city of Bishkek, Kurulush-Bank joint stock bank, joint joint stock bank "Kyrgyz-Zher" about recognition invalid pledge agreements of the March 14, 1996 concluded between Kyrgyz-Dolbor joint-stock company and Kurulush-Bank joint stock bank and executive text of Lenin district notary office of the city of Bishkek of September 12, 1996, reclamation from adverse possession of Kurulush-Bank joint stock bank for benefit of Kyrgyz-Dolbor joint-stock company of the production case of Kyrgyz-Dolbor joint-stock company, at the address: city of Bishkek, Ulitsa Moskovskaya-172.

Satisfy the petition of Kurulush-Bank joint stock bank.

2. Are not subject to execution:

determination of judicial board on civil cases of the Supreme Court of the Kyrgyz Republic of May 13, 1998 about cancellation of the decision of Leninsky district court of November 20, 1997 and determination of judicial board on civil cases of the Bishkek city court of February 16, 1998, the direction of case on new trial on the first instance in the Bishkek city court;

the decision of judicial board on civil cases of the Bishkek city court of October 14, 1998 about recognition invalid pledge agreements of the production case of Kyrgyz-Dolbor joint-stock company down the street Moscow-172 of the March 14, 1996 concluded between Kurulush-Bank joint stock bank on behalf of the Moldobayevy Plane tree of Askarbekovna who is acting on the basis of the power of attorney of March 13, 1996 on the one hand and Kyrgyz-Dolbor joint-stock company on behalf of Sarybayev Edilbek Azimovich who is acting on the basis of the Charter, on the other hand - Leninsky district of the city of Bishkek certified by Office of notary public of March 14, 1996 the register No. 16, the executive text made by office of notary public of Leninsky district of the city of Bishkek of September 12, 1996 for No. 2903 and return with transfer into the ownership of Kyrgyz-Dolbor joint-stock company of the production case at the address: the city of Bishkek, Ulitsa Moskovskaya-172, from adverse possession of Kurulush-Bank joint stock bank;

determination of structure on preliminary selection of claims and representations of the Supreme Court of the Kyrgyz Republic of June 15, 1999 about introduction of the claim of the chairman of the board of Kurulush-Bank joint stock bank to meeting of the Supreme Court of 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", "Erkin Too" and "Our newspaper".

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