NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of July 19, 1999

According to the petition of public joint stock company "Bishkekkurulush production civil engineering firm about recognition to unconstitutional and inappropriate Article 12, to Items 1, 2, 4 Articles 79 and to Item 3 of article 84 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 21, 1998 on case on the claim of public joint stock company "Bishkekkurulush production civil engineering firm to the International university of Kyrgyzstan about collection of the amount of 174290 som

Constitutional court of the Kyrgyz Republic in structure: Chairman Bayekova Ch. T., vice-chairman Sutalinov A. A., P.N., Kenensariyev A. S. sudeydryzhaka., Osmonova K. E., Satybekova S. S., Togoybayev Zh. Zh., Esenaliyeva K. E. and Esenkanova K. E;

with participation of the court clerk Aydaraliyeva Zh. R., the parties: the representative of public joint stock company "Bishkekkurulush production civil engineering firm of Rakhimshaikhov Tokhtomurat Kamalovich who is acting on the basis of the power of attorney of April 20, 1999, signed by the CEO of public joint stock company "Bishkekkurulush production civil engineering firm and the representative of the Supreme Arbitration Court of the Kyrgyz Republic of the Medetbekovy Plane tree Askarbekovna who is acting on the basis of the power of attorney of April 20, 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", article 11 of the Law "About the Constitutional Legal Proceedings of the Kyrgyz Republic", considered in proceeding in open court the petition of public joint stock company "Bishkekkurulush production civil engineering firm about recognition to unconstitutional and inappropriate Article 12, to Items 1, of 2, 4 Articles 79 and to Item 3 of article 84 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 21, 1998 on case on the claim of public joint stock company "Bishkekkurulush production civil engineering firm to the International university of Kyrgyzstan about collection of the amount of 174290 som.

Having heard the report of the judge Satybekov S. S., speech of representatives: public joint stock company "Bishkekkurulush production civil engineering firm of Rakhimshaikhov T. K. and Supreme Arbitration Court of the Kyrgyz Republic of Medetbekova Ch. A., having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic on March 30 and on July 16, 1999 the petition of public joint stock company "Bishkekkurulush production civil engineering firm about recognition to unconstitutional and inappropriate Article 12, to Items 1, of 2, 4 Articles 79 and to Item 3 of article 84 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 21, 1998 on case on the claim of public joint stock company "Bishkekkurulush production civil engineering firm to the International university of Kyrgyzstan about collection of the amount of 174290 som arrived.

Public joint stock company "The Bishkekkurulush production civil engineering firm brings the following arguments into reasons for the requirements. By the decision of Arbitration Court of the city of Bishkek of October 3, 1997 the claim of public joint stock company "Bishkekkurulush production civil engineering firm to the International university of Kyrgyzstan about damages recovery and penalties the amount of 174290 som it is refused. The appellate instance of Arbitration Court of the city of Bishkek, the resolution of February 5, 1998 left this judgment without change, and their petition for appeal - without satisfaction. Judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic as a part of the presiding Maksimbekova D. I., judges - Akmatov B. D. and Rybalkina A. D., left the specified decisions of Arbitration Court of the city of Bishkek the resolution of April 21, 1998 without change, and their statement - without satisfaction. The judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic according to article 79 of the Constitution of the Kyrgyz Republic is not the constitutional judicial body and has no right to exercise supervision of judgments of Arbitration Court of the city of Bishkek as article 84 of the Constitution of the Kyrgyz Republic on implementation of supervision of judicial activities of Arbitration Courts of areas and the city of Bishkek authorized the Supreme Arbitration Court of the Kyrgyz Republic. Thereby constitutional rights of shareholders of public joint stock company "Bishkekkurulush production civil engineering firm on the property, its immunity and protection, economic freedom and not violated right of defense at any stage of consideration of legal case guaranteed by Articles 4, of 16, 19 and Item 2 of article 88 of the Constitution of the Kyrgyz Republic are violated.

In judicial session the representative of public joint stock company "Bishkekkurulush production civil engineering firm Rakhimshaikhov T. K., having supported the petition, asks it to satisfy.

Representative of the Supreme Arbitration Court of the Kyrgyz Republic Medetbekova Ch. A., objecting to the petition, asks to leave it without satisfaction, and 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 by the decision of Arbitration Court of the city of Bishkek of October 3, 1997 the claim of public joint stock company "Bishkekkurulush production civil engineering firm to the International university of Kyrgyzstan about damages recovery and penalties the amount of 174290 som it is refused.

The resolution of appellate instance of Arbitration Court of the city of Bishkek of February 5, 1998, the specified decision is left without change, and the petition for appeal of public joint stock company "Bishkekkurulush production civil engineering firm - without satisfaction.

Judge of the Supreme Arbitration Court of the Kyrgyz Republic Rybalkina A. D., determination of April 1, 1998, "The Bishkekkurulush production civil engineering firm about review of the decision and resolution in this claim accepted the statement of public joint stock company to production and appointed case to trial in judicial session to April 21, 1998.

The judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic including the presiding Maksimbekova D. I., judges - Akmatov B. D. and Rybalkina A. D., the resolution of April 21, 1998, left without change the decision of Arbitration Court of the city of Bishkek of October 3, 1997 and the resolution of appellate instance on check of legality and justification of the decision of Arbitration Court, not taken legal effect of February 5, 1998 in the claim of JSC Bishkekkurulush Production Civil Engineering Firm to the International university of Kyrgyzstan about collection of the amount of 174290 som, and the statement of JSC Bishkekkurulush Production Civil Engineering Firm - without satisfaction.

As according to Item 3 of article 84 of the Constitution of the Kyrgyz Republic the Supreme Arbitration Court of the Kyrgyz Republic exercises supervision of judicial activities of Arbitration Courts of areas and the city of Bishkek, the Constitutional court of the Kyrgyz Republic considers that the judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic has no right to perform supervising functions. Especially, according to Items 1 and 2 of article 79 of the Constitution of the Kyrgyz Republic providing that justice is performed only by court, and courts of the Kyrgyz Republic 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) are. Creation and organization of emergency, special courts and positions of judges is not allowed.

Justice implementation by judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic - unconstitutional body, the Bishkekkurulush production civil engineering firm on the providing with justice and judicial protection of property guaranteed by item 4 of Article 15 and article 38 of the Constitution of the Kyrgyz Republic violates constitutional rights of shareholders of public joint stock company ".

Under the specified circumstances, including the law-enforcement practice established by the resolution of judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic of February 5, 1998 in the claim of public joint stock company "Bishkekkurulush production civil engineering firm to the International university of Kyrgyzstan about damages recovery and penalties in the amount of 174290 som the unconstitutional and contradicting Items 1, 2 Articles 79 and to Item 3 of article 84 of the Constitution of the Kyrgyz Republic, 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 21, 1998 on case on the claim of public joint stock company "Bishkekkurulush production civil engineering firm to the International university of Kyrgyzstan about collection of the amount of 174290 som.

Satisfy the petition of public joint stock company "Bishkekkurulush production civil engineering firm.

2. The resolution of judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic of April 21, 1998 about leaving without change of the decision of Arbitration Court of the city of Bishkek of October 3, 1997 and the resolution of appellate instance on check of legality and justification of the decisions of Arbitration Court which did not take legal effect of February 5, 1998 in the matter of No. B-95/3pr in the claim of public joint stock company "Bishkekkurulush production civil engineering firm to the International university of Kyrgyzstan about collection of 174290 som is not subject to execution., and the statement of public joint stock company "Bishkekkurulush production civil engineering firm - without satisfaction.

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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