NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of July 14, 1998

According to the petition of public joint stock company of Rossiysko - Kyrgyz Amanbank about recognition of Article unconstitutional and inappropriate to Item 2 7, to the Items 2,3 both 4 Articles 79, to Item 3 of Article 84 and Item 1 of article 87 of the Constitution of the Kyrgyz Republic, law-enforcement practice of the Supreme Arbitration Court of the Kyrgyz Republic established by the decision of the Supreme Arbitration Court of the Kyrgyz Republic of January 28, 1997 and the resolution of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic of April 10, 1997 on case on the claim of public joint stock company Russian-Kyrgyz Amanbank to Almaz joint-stock company about collection of the amount 16682773 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., Esenaliyev K. E. and Esenkanova K. E.,

with participation of the court session secretary Kurbanbayev Zh. P., parties: the chairman of the board of public joint stock company Russian-Kyrgyz Amanbank Kudabayeva Shatkul Isaliyevny, her deputy, Tazabekov Marat Madigerovich and the representative of this joint-stock company Yeliseyev Alexey Aleksandrovich who is acting on the basis of the power of attorney of April 14, 1998, the signed chairman of the board of public joint stock company Russian-Kyrgyz Amanbank, 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 14, 1998, 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" and 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 Rossiyskokyrgyzsky Amanbank about recognition of Article unconstitutional and inappropriate to Item 2 7, to the Items 2,3 both 4 Articles 79, to Item 3 of Article 84 and Item 1 of article 87 of the Constitution of the Kyrgyz Republic of law-enforcement practice of the Supreme Arbitration Court of the Kyrgyz Republic established by the decision of the Supreme Arbitration Court of the Kyrgyz Republic of January 28, 1997 and the resolution of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic of April 10, 1997 on case on the claim of public joint stock company of Rossiysko - Kyrgyz Amanbank to Almaz joint-stock company about collection of the amount 16682773 som.

Having heard the report of the judge Satybekov S. S., speech of the chairman of the board of joint-stock company open, type Russian-Kyrgyz Amanbank of Kudabayeva Sh. I. and her deputy Tazabekov M. M., representative of this joint-stock company Yeliseyev A. A., representative of the Supreme Arbitration Court of the Kyrgyz Republic Medetbekova Ch. A., having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED;

In the Constitutional court of the Kyrgyz Republic the petition of public joint stock company Russian-Kyrgyz Amanbank about recognition of Article unconstitutional and inappropriate to Item 2 7, to the Items 2,3 both 4 Articles 79, to Item 3 of Article 84 and Item 1 of article 87 of the Constitution of the Kyrgyz Republic of law-enforcement practice of the Supreme Arbitration Court of the Kyrgyz Republic established by the decision of the Supreme Arbitration Court of the Kyrgyz Republic of January 28, 1997 and the resolution of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic of April 10, 1997 on case on the claim of public joint stock company of Rossiysko - Kyrgyz Amanbank to Almaz joint-stock company about collection of the amount 16682773 som arrived on March 11, 1998.

Public joint stock company Russian-Kyrgyz Amanbank brings the following arguments into reasons for the petition. The Supreme Arbitration Court of the Kyrgyz Republic accepted to the production and Russian-Kyrgyz Amanbank to Almaz joint-stock company, about collection of the amount 16682773 som considered in the first and appeal instances the action for declaration of public joint stock company, than violated requirements of Item 2 of Article 7, of the Items 2,3 and 4 Articles 79, of Item 3 of Article 84 and Item 1 of article 87 of the Constitution of the Kyrgyz Republic. Decisions of these instances of the Supreme Arbitration Court of the Kyrgyz Republic in the specified claim violate constitutional rights of public joint stock company Russian-Kyrgyz Amanbank about equality of all before the law and court, about identical application of the laws of the Kyrgyz Republic to all citizens and about judicial protection of all rights and freedoms of citizens, 22 and 38 Constitutions of the Kyrgyz Republic fixed by Articles 15,.

In judicial session chairman of the board of public joint stock company Russian-Kyrgyz Amanbank Kudabayeva Sh. I., her deputy Tazabekov M. M. and representative of this joint-stock company Yeliseyev A. A., having supported the petition, asked it to satisfy. Representative of the Supreme Arbitration Court Medetbekova Ch. A., without having agreed with the petition, asked to leave it without satisfaction.

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 the Supreme Arbitration Court of the Kyrgyz Republic accepted to the production on the first instance and the decision of January 28, 1997 Russian-Kyrgyz Amanbank to Almaz joint-stock company about collection of the amount 16682773 som refused the claim to public joint stock company.

The decision of the Supreme Arbitration Court of the Kyrgyz Republic of January 28, 1997 in the claim of public joint stock company Russian-Kyrgyz Amanbank to Almaz joint-stock company about collection of the amount 16682773 som are left by the resolution of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic of April 10, 1997 without change, and the petition for appeal of public joint stock company Russian-Kyrgyz Amanbank - without satisfaction.

The specified circumstances demonstrate that the Supreme Arbitration Court of the Kyrgyz Republic not only accepted to the production on the first instance cognizable to Arbitration Court of the city of Bishkek the action for declaration of public joint stock company Russian-Kyrgyz Amanbank and considered it on the first instance, but also reviewed own decision in appellate instance, having allowed violation of requirements of Item 3 of article 84 of the Constitution of the Kyrgyz Republic which granted to the Supreme Arbitration Court of the Kyrgyz Republic the right to exercise supervision of judicial activities of Arbitration Courts of areas and the city of Bishkek.

Besides the structure of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic is created by the chairman of the Supreme Arbitration Court of the Kyrgyz Republic without legal causes, in defiance of Item 3 of article 79 of the Constitution of the Kyrgyz Republic which determined that the organization and procedure for activity of the courts are determined by the law.

Having considered the claim of public joint stock company Russian-Kyrgyz Amanbank to Almaz joint-stock company about collection of the amount 16682773 som on the first instance and having reviewed own decision in appellate instance, the Supreme Arbitration Court of the Kyrgyz Republic, allowed violation of Item 2 of article 7 of the Constitution of the Kyrgyz Republic according to which the Supreme Arbitration Court of the Kyrgyz Republic shall represent and perform the government in the Kyrgyz Republic within the powers established by the Constitution of the Kyrgyz Republic.

Such procedure for consideration of this claim the Supreme Arbitration Court of the Kyrgyz Republic deprived public joint stock company Russian-Kyrgyz Amanbank of the right of appeal of the judgment in those instances which could consider question of legitimacy of the made decision, in case of its consideration of the city of Bishkek by Arbitration Court. Thereby the Supreme Arbitration Court of the Kyrgyz Republic allowed violation of Item 2 of article 38 of the Constitution of the Kyrgyz Republic guaranteeing the claimant's right to judicial protection of all rights and freedoms set by the Constitution and the laws.

Considering the specified circumstances, the Constitutional court of the Kyrgyz Republic considers that the law-enforcement practice established by the decision of the Supreme Arbitration Court of the Kyrgyz Republic of January 28, 1997 and the resolution of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic of April 10, 1997 on case on the claim of Public joint stock company Russian-Kyrgyz Amanbank to Almaz joint-stock company about collection of the amount 16682773 som is the unconstitutional and not corresponding to Item 2 Article 7, to Item 2 of Article 38, to Item 3 of Article 79 and Item 3 of article 84 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 Article unconstitutional and inappropriate to Item 2 7, to Item 2 of Article 38, to Item 3 of Article 79 and Item 3 of article 84 of the Constitution of the Kyrgyz Republic the law-enforcement practice of the Supreme Arbitration Court of the Kyrgyz Republic established by the decision of the Supreme Arbitration Court of the Kyrgyz Republic of January 28, 1997 and the resolution of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic of April 10, 1997 on case on the claim of public joint stock company Russian-Kyrgyz Amanbank to Almaz joint-stock company about collection of the amount 16682773 som.

Satisfy the petition of public joint stock company Russian-Kyrgyz Amanbank.

2. Are not subject to execution:

The decision of the Supreme Arbitration Court of the Kyrgyz Republic of January 28, 1997 about refusal in satisfaction of the claim to Russian-Kyrgyz joint-stock commercial Amanbank to Almaz joint-stock company about collection 16682773 som;

The resolution of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic of April 10, 1997 about leaving without change of the decision of the Supreme Arbitration Court of the Kyrgyz Republic of January 28, 1997 in the matter of No. 365/3 in the claim of OJSC Rossiysko-Kyrgyzsky Amanbank to JSC Almaz about collection 16682773 som, and the petition for appeal of public joint stock company Russian-Kyrgyz Amanbank - without satisfaction.

3. The final decision, is not subject to appeal, it is obligatory 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", "Our newspaper".

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