NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of December 2, 1999

According to the petition of Tokmok Bus Plant public joint stock company for recognition of Article unconstitutional and inappropriate to Item 1 4, to Item 2 of Article 16, to Items 1, 2 Articles 19, to Article 22, to Items 1, 2 Articles 38, to Items 1, 2 Articles 79 and to Item 2 of article 83 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 December 10, 1997 on complaint case of Tokmok Bus Plant public joint stock company on actions of the notary of the First Bishkek notary office

Constitutional court of the Kyrgyz Republic in structure: chairman, vice-chairman Sutalinov A. A., judges - Dryzhaka P. N., Kenensariyeva Ampere-second., Osmonova K. E., Togoybayeva Zh. Zh., Esenaliyeva K. E. and Esenkanova K. E.,

with participation of the court session secretary Nogoyev O. A., parties: the chairman of the board of Tokmok Bus Plant public joint stock company Cheshev Evgeny Ivanovich and the representative of this society, Yermolina Tamara Vasilyevna who is acting on the basis of the power of attorney of October 14, 1999, the signed chairman of the board of Tokmok Bus Plant public joint stock company, the representative of the Supreme Court of the Kyrgyz Republic, the judge Mambetaliyeva Almira Dzhukeshevna, acting on the basis of the power of attorney of August 18, 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 Tokmok Bus Plant public joint stock company for recognition of Article unconstitutional and inappropriate to Item 1 4, to Item 2 of Article 16, to Items 1, 2 Articles 19, to Article 22, to Items 1, 2 Articles 38, to Items 1, 2 Articles 79 and to Item 2 of article 83 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 December 10, 1997 on complaint case of Tokmok Bus Plant public joint stock company on actions of the notary of the First Bishkek notary office.

Having heard the report of the judge Togoybayev Zh. Zh., speeches of the chairman of the board of Tokmok Bus Plant public joint stock company Cheshev E. I., representative of this society Yermolina T. V., representative of the Supreme Court of the Kyrgyz Republic, judge Mambetaliyeva A. Zh. and having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic the petition of Tokmok Bus Plant public joint stock company for recognition of Article unconstitutional and inappropriate to Item 1 4, to Item 2 of Article 16, to Items 1, 2 Articles 19, to Article 22, to Items 1, 2 Articles 38, to Items 1, 2 Articles 79 and to Item 2 of article 83 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 December 10, 1997 on complaint case of Tokmok Bus Plant public joint stock company on actions of the notary of the First Bishkek notary office arrived on July 30, 1999.

The Tokmok Bus Plant public joint stock company brings the following arguments into reasons for the petition.

By the decision of October district court of the city of Bishkek of July 15, 1997 to Tokmok Bus Plant public joint stock company it is refused satisfaction of its claim to actions of the notary of the First Bishkek notary office.

This judgment is left determination of judicial board on civil cases of the Bishkek city court of September 30, 1997 without change, and the writ of appeal of Tokmok Bus Plant public joint stock company - without satisfaction.

The judicial board on civil cases of the Supreme Court of the Kyrgyz Republic as a part of three judges, determination of December 10, 1997 and determination of judicial board on civil cases of the Bishkek city court of September 30, 1997 upheld the decision of October district court of the city of Bishkek of July 15, 1997, and the supervising claim of Tokmok Bus Plant public joint stock company - without satisfaction. Consideration of this case by unconstitutional judicial body - judicial board on civil cases of the Supreme Court of the Kyrgyz Republic, violates requirements of Items 1 and 2 of Article 79 and Item 2 of article 83 of the Constitution of the Kyrgyz Republic that justice is performed only by court and the right of implementation of supervision of judicial activities of local courts is granted to the Supreme Court of the Kyrgyz Republic, but not its board, constitutional rights of Tokmok Bus Plant public joint stock company on property, its equal legal protection and immunity, judicial protection of all rights and freedoms of the citizens fixed by Item 1 of Article 4, Item 2 of Article 16, Item 2 of Article 19, Article 22 and Item 2 of article 38 of the Constitution of the Kyrgyz Republic are also violated.

In judicial session chairman of the board of Tokmok Bus Plant public joint stock company Cheshev E. I. and representative of this society Yermolina T. V., having supported the petition, ask it to satisfy.

Representative of the Supreme Court of the Kyrgyz Republic, judge Mambetaliyeva A. Zh. 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.

From the provided materials it is visible that by the decision of October district court of the city of Bishkek of July 15, 1997 to Tokmok Bus Plant public joint stock company it is refused grievance settlement on actions of the notary of the First Bishkek notary office who made executive text on February 10, 1995.

This judgment is left determination of judicial board on civil cases of the Bishkek city court of September 30, 1997 without change, and the writ of appeal of Tokmok Bus Plant public joint stock company - without satisfaction.

The judicial board on civil cases of the Supreme Court of the Kyrgyz Republic, determination of December 10, 1997 upheld the specified court decrees, and the supervising claim of Tokmok Bus Plant joint-stock company - without satisfaction.

According to Items 1 and 2 of article 79 of the Constitution of the Kyrgyz Republic justice in the Kyrgyz Republic is performed only by court, and courts of the Kyrgyz Republic are the Constitutional court of the Kyrgyz Republic, the Supreme Court of the Kyrgyz Republic, the Supreme Arbitration Court of the Kyrgyz Republic and local courts (courts of areas, the city of Bishkek, areas, cities, Arbitration Courts of areas and the city of Bishkek, military courts). Creation and organization of emergency, special courts and positions of judges is not allowed. Therefore, the judicial board on civil cases of the Supreme Court of the Kyrgyz Republic is not the constitutional judicial body.

Besides, judicial board on civil cases of the Supreme Court of the Kyrgyz Republic, having considered complaint case of Tokmok Bus Plant public joint stock company according to the procedure of supervision, violated Item 2 of article 83 of the Constitution of the Kyrgyz Republic according to which supervision of judicial activities regional, Bishkek city, district, city and public courts performs the Supreme Court of the Kyrgyz Republic.

Under the specified circumstances, the Constitutional court of the Kyrgyz Republic considers that the unconstitutional and contradicting 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 December 10, 1997 on this civil case violates constitutional rights of Tokmok Bus Plant public joint stock company on property, providing its rights and freedoms with justice and judicial protection of all rights and freedoms set by the Constitution and the laws, Articles guaranteed by Item 1 4, 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 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 December 10, 1997 on complaint case of Tokmok Bus Plant public joint stock company on actions of the notary of the First Bishkek notary office who made executive text on February 10, 1995.

Satisfy the petition of Tokmok Bus Plant public joint stock company.

2. Determination of judicial board on civil cases of the Supreme Court of the Kyrgyz Republic of December 10, 1997 about leaving in force of the decision of October district court of the city of Bishkek of July 15, 1997 and determination of judicial board on civil cases of the Bishkek city court of September 30, 1997, and the claim of joint-stock company "Tokmok bus plant" without satisfaction 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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