NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of June 16, 1998

According to the petition of Meerim trading house for recognition of Article unconstitutional and inappropriate to Item 2 7, to Article 15, to Item 3 of Article 84 and article 88 of the Constitution of the Kyrgyz Republic of the law-enforcement practice established by the decision of the Supreme Arbitration Court of the Kyrgyz Republic of March 4, 1997 and the resolution of cassation instance of the Supreme Arbitration Court of the Kyrgyz Republic of May 27, 1997 on case on the claim of investment bank, "Ysyk-Kol" to Meerim trading house about collection of credit debt in the amount 7, of 06631 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 session secretary Tungatarov B. O. of the parties: the director of Meerim trading house Askarova Salamat Akimzhanovny, her representative, the lawyer Sydykov Chynturgan Sydykovich who is acting on the basis of the power of attorney of March 12, 1998, the signed director of Meerim trading house and the order order No. 606 of March 12, 1998 issued by legal advice bureau of the May Day district of Bishkek, the representative of the Supreme Arbitration Court of the Kyrgyz Republic Tyurin Vladimir Ivanovich, head of department of the analysis and generalization of court practice of the office of the Supreme Arbitration Court of the Kyrgyz Republic which is acting on the basis of the power of attorney of May 4, 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 Meerim trading house for recognition of Article unconstitutional and inappropriate to Item 2 7, to Article 15, to Item 3 of Article 84 and article 88 of the Constitution of the Kyrgyz Republic of the law-enforcement practice established by the decision of the Supreme Arbitration Court of the Kyrgyz Republic of March 4, 1997 and the resolution of cassation instance of the Supreme Arbitration Court of the Kyrgyz Republic of May 27, 1997 on case on the claim of Ysyk-Kol investment bank to Meerim trading house about collection of credit debt in the amount of 706631 som.

Having heard the report of the judge Osmonov K. E., speeches of the director of Askarovoy S.A. Meerim trading house and her representative, lawyer Sydykov Ch. S., representative of the Supreme Arbitration Court of the Kyrgyz Republic Tyurin V. I. and having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic the petition of Meerim trading house for recognition of Article unconstitutional and inappropriate to Item 2 7, to Article 15, to Item 3 of Article 84 and article 88 of the Constitution of the Kyrgyz Republic of the law-enforcement practice established by the decision of the Supreme Arbitration Court of the Kyrgyz Republic of March 4, 1997 and the resolution of cassation instance of the Supreme Arbitration Court of the Kyrgyz Republic of May 27, 1997 on case on the claim of Ysyk-Kol investment bank to Meerim trading house about collection of credit debt in the amount of 706631 som arrived on April 15, 1998.

The Meerim trading house brings the following arguments into reasons for the petition. The Supreme Arbitration Court of the Kyrgyz Republic with the decision of March 4, 1997, having satisfied the claim of Ysyk-Kol investment bank, collected from Meerim trading house credit debt in the amount of 706631 som, the national duty in the amount of 24132 som and postage expenses - 2 som of 50 tyyyn. The specified judgment is left by the resolution of cassation instance of the Supreme Arbitration Court of the Kyrgyz Republic of May 27, 1997 without change. The Supreme Arbitration Court of the Kyrgyz Republic has no right to resolve economic disputes as Trial Court, especially to review own decisions. Consideration by the Supreme Arbitration Court of the Kyrgyz Republic of this case in quality of Trial Court and in cassation procedure contradicts Item 3 of article 84 of the Constitution of the Kyrgyz Republic according to which, the Supreme Arbitration Court of the Kyrgyz Republic is granted the implementation right only of supervision of judicial activities of Arbitration Courts of areas and the city of Bishkek.

The Supreme Arbitration Court of the Kyrgyz Republic the decisions violated the right of staff of Meerim trading house to property guaranteed by articles 4 and 19 of the Constitution of the Kyrgyz Republic, and also right of defense, guaranteed by article 88 of the Constitution of the Kyrgyz Republic, having deprived of the right of appeal of the judgment in appeal procedure.

In judicial session the director of Askarova S.A. Meerim trading house and her representative, the lawyer Sydykov Ch. S. having completely supported the petition ask it to satisfy. Representative of the Supreme Arbitration Court of the Kyrgyz Republic Tyurin V. I. objects to the petition and asks it to leave 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.

Apparently from the provided materials, the decision of the Supreme Arbitration Court of the Kyrgyz Republic of March 4, 1997 from Meerim trading house for benefit of Ysyk-Kol investment bank collects credit debt in the amount of 706631 som, including principal debt in the amount of 188900 som, interest on credit in the amount of 517731 som, the national duty in the amount of 24132 som and postage expenses 2 som of 50 tyyyn. Collection is turned on property of Meerim trading house before complete debt repayment in the amount of 730765 som of 50 tyyyn.

The writ of appeal for which consideration the Chairman of the Supreme Arbitration Court of the Kyrgyz Republic created on May 14, 1997 judicial structure from Rybalkina A. D. judges is made on May 3, 1997 about this judgment by Meerim trading house., Akmatova B. D., and Maksimbekova D. I. The decision of the Supreme Arbitration Court of the Kyrgyz Republic of March 4, 1997 is left by the resolution of cassation instance of the Supreme Arbitration Court of the Kyrgyz Republic of May 27, 1997 without change, and the writ of appeal - without satisfaction.

The Supreme Arbitration Court of the Kyrgyz Republic, consideration on the first instance, the city of Bishkek subordinated to Arbitration Court, the claim of Ysyk-Kol investment bank to Meerim trading house about collection of the amount of 706631 som with decision making of March 4, 1997 and leaving of this decision without change by the resolution of the cassation instance of May 27, 1997 violated requirements of item 4 of Article 79 and Item 3 of article 84 of the Constitution of the Kyrgyz Republic. According to item 4 of article 79 of the Constitution of the Kyrgyz Republic the judge submits only to the Constitution and the law, the Supreme Arbitration Court of the Kyrgyz Republic ignoring this constitutional principle considered the case not subordinated to it according to Article 20 of the Arbitral Procedure Code of the Kyrgyz Republic.

Having considered legality of the decision of the Supreme Arbitration Court of the Kyrgyz Republic of March 4, 1997, the resolution of cassation instance of the Supreme Arbitration Court of the Kyrgyz Republic of May 27, 1997 violates Item 3 of article 84 of the Constitution of the Kyrgyz Republic which only granted to the Supreme Arbitration Court of the Kyrgyz Republic the right to exercise supervision and only of judicial activities of Arbitration Courts of areas and the city of Bishkek.

Besides, the specified decisions made by the Supreme Arbitration Court of the Kyrgyz Republic entailed violations of constitutional rights, both on legal protection of property, and on protection of person at any stage of process of consideration of legal case, guaranteed by Item 1 of Article 4 and Item 2 of article 88 of the Constitution of the Kyrgyz Republic.

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 March 4, 1997 and the resolution of cassation instance of the Supreme Arbitration Court of the Kyrgyz Republic of May 27, 1997 on case on the claim of Ysyk-Kol investment bank to Meerim trading house about collection of credit debt in the amount of 706631 som is unconstitutional and does not correspond to Item 1 of Article 4, to item 4 of Article 79, to Item 3 of Article 84 and Item 2 of article 88 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 1 4, to item 4 of Article 79, to Item 3 of Article 84 and Item 2 of article 88 of the Constitution of the Kyrgyz Republic the law-enforcement practice established by the decision of the Supreme Arbitration Court of the Kyrgyz Republic of March 4, 1997 and the resolution of cassation instance of the Supreme Arbitration Court of the Kyrgyz Republic of May 27, 1997 on case on the claim of Ysyk-Kol investment bank to Meerim trading house about collection of credit debt in the amount of 706631 som.

Satisfy the petition of Meerim trading house.

2. Are not subject to execution:

the decision of the Supreme Arbitration Court of the Kyrgyz Republic of March 4, 1997 about collection from Meerim trading house for benefit of Ysyk-Kol investment bank of credit debt in the amount of 706631 som, including principal debt in the amount of 188900 som, interest on credit in the amount of 517731 som, the national duty in the amount of 24132 som and postage expenses - 2 som of 50 tyyyn, with the address of claim to property of Meerim trading house before complete debt repayment in the amount of 730765 som of 50 tyyyn;

the resolution of cassation instance of the Supreme Arbitration Court of the Kyrgyz Republic of May 27, 1997 about leaving without change of the decision of the Supreme Arbitration Court of the Kyrgyz Republic of March 4, 1997 on case on the claim of Ysyk-Kol investment bank to Meerim trading house about collection of 706631 som, and the writ of appeal - without satisfaction.

3. The final decision, is not subject to appeal. Surely to execution by all 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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