NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of May 11, 1999

According to the petition of limited liability company "Transnational concern "Vosst" about recognition of Article unconstitutional and inappropriate to item 4 4, to Item 2 of Article 38, to Item 2 of Article 79 and 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 September 16, 1998 on case on the claim of the citizen Abdybekov M. to Sokuluksky MPMK and limited liability company "Transnational concern "Vosst" about recognition invalid the purchase and sale agreement of hydroelectric power station Sokuluk-2 of the March 3, 1997 concluded between joint-stock company Sokuluksky MPMK and limited liability company "Transnational concern "Vosst"

Constitutional court of the Kyrgyz Republic in structure: Chairman Bayekova Ch. T., vice-chairman Sutalinov A. A., Dryzhak P. N. judges, Kenensariyeva Ampere-second., Osmonova K. E., Satybekova S. S., Togoybayev Zh. Zh. and Esenaliyeva K. E.,

with participation of the court clerk Aydaraliyeva Zh.,

parties: the chairman of the board of directors of limited liability company "Transnational concern "Vosst" of Hon Valery Pavlovich and the representative of this society Chebitko Valentin Aleksandrovich who is acting on the basis of the notarially certified power of attorney of January 28, 1999, the representative of the Supreme Court of the Kyrgyz Republic judge Gafurov Abdusaid Abduvaitovich who is acting on the basis of the power of attorney of February 22, 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 limited liability company "Transnational concern "Vosst" about recognition of Article unconstitutional and inappropriate to item 4 4, to Item 2 of Article 38, to Item 2 of Article 79 and 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 September 16, 1998 on case on the claim of the citizen Abdybekov M. to Sokuluksky MPMK and limited liability company "Transnational concern "Vosst" about recognition invalid the purchase and sale agreement of hydroelectric power station Sokuluk-2 of the March 3, 1997 concluded between joint-stock company Sokuluksky MPMK and limited liability company "Transnational concern "Vosst".

Having heard the report of the judge Esenaliyev K. E., speeches of representatives of limited liability company "Transnational concern "Vosst" of Hon V. P. and Chebitko VA., representative of the Supreme Court of the Kyrgyz Republic of the judge Gafurov A. A. and having researched case papers, the Constitutional court of the Kyrgyz Republic

Established:

In the Constitutional court of the Kyrgyz Republic the petition of limited liability company "Transnational concern "Vosst" about recognition of Article unconstitutional and inappropriate to item 4 4, to Item 2 of Article 38, to Item 2 of Article 79 and 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 September 16, 1998 on case on the claim of the citizen Abdybekov M. to Sokuluksky MPMK and limited liability company "Transnational concern "Vosst" about recognition invalid the purchase and sale agreement of hydroelectric power station Sokuluk-2 of the March 3, 1997 concluded between joint-stock company Sokuluksky MPMK and limited liability company "Transnational concern "Vosst" arrived on January 15 and 22, 1999.

Limited liability company "The transnational concern "Vosst" brings the following arguments into reasons for the requirements. The law-enforcement practice established by determination of judicial board on civil cases of the Supreme Court of the Kyrgyz Republic of September 16, 1998 about leaving in force of the decision of Sokuluksky district court of July 16, 1997 and the supervising claim of limited liability company "Transnational concern "Vosst" - without satisfaction on case on the claim of the citizen Abdybekov M. to Sokuluksky MPMK and limited liability company "Transnational concern "Vosst" about recognition invalid the purchase and sale agreement of hydroelectric power station Sokuluk-2 of the March 3, 1997 concluded between joint-stock company Sokuluksky MPMK and limited liability company "Transnational concern "Vosst" violates its constitutional rights on the property and judicial protection guaranteed by item 4 of Article 4 and Item 2 of article 38 of the Constitution of the Kyrgyz Republic.

According to Item 2 of article 83 of the Constitution of the Kyrgyz Republic supervision of judicial activities of local courts performs the Supreme Court of the Kyrgyz Republic, but not its judicial board as a part of three judges. Availability in structure of the Supreme Court of the Kyrgyz Republic of such body as judicial board contradicts Item 2 of article 79 of the Constitution of the Kyrgyz Republic.

In judicial session chairman of the board of directors of limited liability company "Transnational concern "Vosst" Hon V. P. and representative of this society Chebitko V. A., having supported the petition, ask it to satisfy.

Representative of the Supreme Court of the Kyrgyz Republic judge Gafurov A. A. 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 case papers it is visible that Abdybekov Melisbek's claim to joint-stock company Sokuluksky MPMK and to Vosst MNC limited liability company about recognition of the purchase and sale agreement of hydroelectric power station Sokuluk-2 invalid is satisfied with the decision of Sokuluksky district court of July 16, 1997. The purchase and sale agreement of hydroelectric power station Sokuluk-2 of March 3, 1997 signed between joint-stock company Sokuluksky MPMK and Vosst MNC limited liability company is nullified. The bargain concluded between Abdybekov and joint-stock company Sokuluksky MPMK on behalf of Bondarev about purchase and sale of hydroelectric power station Sokuluk-2, is acknowledged valid the property right to Sokuluksky GES-2 for Abdybekov Melisbek is established. It is collected from Abdybekov Melisbek for benefit of joint-stock company Sokuluksky MPMK the remained amount of 18000 (eighteen thousand) som and from joint-stock company Sokuluksky MPMK for benefit of Abdybekov Melisbek the amount of 15000 (fifteen thousand) som - return of the national duty.

This judgment is upheld by determination of judicial board on civil cases of the Supreme Court of the Kyrgyz Republic of September 16, 1998, and the claim of limited liability company "Transnational concern "Vosst" - without satisfaction.

The constitutional court of the Kyrgyz Republic considers that ensuring constitutional rights on equal legal protection of property and judicial protection of all rights of limited liability company "Transnational concern "Vosst", guaranteed by item 4 of Article 4 and Item 2 of article 38 of the Constitution of the Kyrgyz Republic shall be performed by the constitutional judicial body.

According to Item 2 of article 79 of the Constitution of the Kyrgyz Republic 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.

Supervision of judicial activities of local courts according to Item 2 of article 83 of the Constitution of the Kyrgyz Republic is exercised by the Supreme Court of the Kyrgyz Republic.

As, the judicial board on civil cases of the Supreme Court of the Kyrgyz Republic is not the constitutional judicial body, the law-enforcement practice established by its determination of September 16, 1998 on this case is unconstitutional and contradicts Item 2 of Article 79 and Item 2 of article 83 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

Solved:

1. Recognize Article 79 unconstitutional and inappropriate to Item 2 and 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 September 16, 1998 on case on the claim of the citizen Abdybekov Melisbek to Sokuluksky MPMK and limited liability company "Transnational concern "Vosst" about recognition invalid the purchase and sale agreement of hydroelectric power station Sokuluk-2 of the March 3, 1997 concluded between joint-stock company Sokuluksky MPMK and limited liability company "Transnational concern "Vosst".

Satisfy the petition of limited liability company "Transnational concern "Vosst".

2. Determination of judicial board on civil cases of the Supreme Court of the Kyrgyz Republic of September 16, 1998 about leaving in force of the decision of Sokuluksky district court of July 16, 1997 on case on the claim of the citizen Abdybekov Melisbek to Sokuluksky MPMK and limited liability company "Transnational concern "Vosst" about recognition invalid the purchase and sale agreement of hydroelectric power station Sokuluk-2 of the March 3, 1997 concluded between joint-stock company Sokuluksky MPMK and limited liability company "Transnational concern "Vosst", and the supervising claim of the chairman of Vosst MNC - 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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