NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of November 25, 1998

According to the petition of Kyrgyzenergo joint-stock company for cancellation of the resolution of August 20, 1997 No. 18/1 "About creation of the Jalal-Abadenergo company and the resolution of August 20, 1997 No. 18/2 "About transfer to concession of Tash-Kumyrsky and Shamalduu-Saysky hydroelectric power stations" extraordinary XVIII session of the Jalal-Abad regional Kenesh of the People's Deputies contradicting Items 1, of 2, 4 Articles 4, to Item 2 of Article 19, to Item 2 of Article 92 and article 95 of the Constitution of the Kyrgyz Republic

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. and Esenaliyeva K. E.,

with participation of the court session secretary Alymkulov M., the CEO of Kyrgyzenergo joint-stock company Sartkaziyev Bakirdin Eshimbetovich, his representative Duyshenaliyeva Nurzhan Sulaymanovna, the acting on the basis of the power of attorney signed by it of September 16, 1998, the representative of the Jalal-Abad regional Kenesh of People's Deputies Kozhoakmatov Ermamat who is acting on the basis of the power of attorney of November 20, 1998, the signed chairman of the Jalal-Abad regional Kenesh, 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 Kyrgyzenergo joint-stock company for cancellation of the resolution of August 20, 1997 No. 18/1 "About creation of the Jalal-Abadenergo company and the resolution of August 20, 1997 No. 18/2 "About transfer to concession of Tash-Kumyrsky and Shamalduu-Saysky hydroelectric power stations" extraordinary XVIII session of the Jalal-Abad regional Kenesh of the People's Deputies contradicting Items 1, of 2, 4 Articles 4, to Item 2 of Article 19, to Item 2 of Article 92 and article 95 of the Constitution of the Kyrgyz Republic.

Having heard the report of the judge Esenaliyev K. E., speeches of representatives: from Kyrgyzenergo joint-stock company - Sartkaziyeva B. E., Duyshenaliyeva N. S., from the Jalal-Abad regional Keneshakozhoakmatov E. and having researched case papers, the Constitutional court of the Kyrgyz Republic ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic the petition of Kyrgyzenergo joint-stock company for cancellation of the resolution of August 20, 1997 No. 18/1 "About creation of the Jalal-Abadenergo company and the resolution of August 20, 1997 No. 18/2 "About transfer to concession of Tash-Kumyrsky and Shamalduu-Saysky hydroelectric power stations" extraordinary XVIII session of the Jalal-Abad regional Kenesh of the People's Deputies contradicting Items 1, of 2, 4 Articles 4, to Item 2 of Article 19, to Item 2 of Article 92 and article 95 of the Constitution of the Kyrgyz Republic on September 18, 1998 arrived.

The Kyrgyzenergo joint-stock company brings the following arguments into reasons for the requirements. To dispose of the property belonging to Kyrgyzenergo joint-stock company the shareholders having the right only. The Jalal-Abad regional Kenesh of People's Deputies, being local government body, having accepted the above-stated resolution on the solution of the question which is not relating to its maintaining roughly violated the constitutional right of Kyrgyzenergo joint-stock company on property guaranteed by Items 1, of 2, 4 Articles 4, Item 2 of article 19 of the Constitution of the Kyrgyz Republic. According to Item 2 of article 92 of the Constitution of the Kyrgyz Republic local government bodies can have utility property in the ownership, use and the order. The Jalal-Abad company of power supply networks, the cascade of the Toktogul hydroelectric power stations, the companies of hydroelectric power stations under construction are not included into utility property as the state holds controlling stock of Kyrgyzenergo joint-stock company. The Jalal-Abad regional Kenesh, having gone beyond the powers, having violated item 4 of article 95 of the Constitution of the Kyrgyz Republic accepted the specified resolutions.

In judicial session representatives of Kyrgyzenergo joint-stock company Sartkaziyev B. E., Duyshenaliyeva N. R., having supported the petition, ask it to satisfy.

The representative of the Jalal-Abad regional Kenesh Kozhoakmatov E., without having agreed with the petition, asks to leave it without satisfaction, having stopped legal proceedings.

Constitutional court of the Kyrgyz Republic, having discussed arguments of the parties and having researched case papers, considers the petition of Kyrgyzenergo joint-stock company subject to satisfaction on the following bases.

Based on the provided materials it is determined that the Jalal-Abad company of power supply networks, the cascade of the Toktogul hydroelectric power stations, again under construction Tash-Kumyrsky, Shamalduu-Saysky hydroelectric power stations are property of Kyrgyzenergo joint-stock company and the controlling stock is in ownership of the state.

Despite requirements of the Items 1, 4, article 4 of the Constitution of the Kyrgyz Republic providing that the Kyrgyz Republic guarantees variety of patterns of ownership and their legal protection and protects the property right to property of the citizens and legal entities, besides, violating stipulated in Item 2 articles 19 of the Constitution of the Kyrgyz Republic of guarantee that nobody can be randomly dispossessed by the and its withdrawal without volition of the owner it is allowed by a court decision, the Jalal-Abad regional Kenesh of People's Deputies the specified resolutions passed to the order with state-owned property.

According to Item 2 of article 92 of the Constitution of the Kyrgyz Republic local government bodies can have utility property in the ownership, use and the order. The Jalal-Abad regional Kenesh of People's Deputies, having violated these requirements of the Constitution, having gone beyond the powers, disposing of the property belonging to the state accepted resolutions of August 20, 1997 No. 18/1 and No. 18/2 "About creation of the Jalal-Abadenergo and About Transfer to Concession of Tash-Kumyrsky and Shamalduu-Saysky Hydroelectric Power Stations company.

It is determined that these resolutions contradict the item 4 of article 95 of the Constitution of the Kyrgyz Republic granting to local keneshes the right to adopt obligatory for execution in their territory acts within the powers.

Under the specified circumstances the Constitutional court of the Kyrgyz Republic, considers that resolutions of extraordinary XVIII session of the Jalal-Abad regional Kenesh of People's Deputies of August 20, 1997 No. 18/1 and No. 18/2 "About creation of the Jalal-Abadenergo and About Transfer to Concession of Tash-Kumyrsky and Shamalduu-Saysky Hydroelectric Power Stations company do not correspond to Items 1, 4 Articles 4, to Item 2 of Article 19, to Item 2 of Article 92 and item 4 of article 95 of the Constitution of the Kyrgyz Republic and are subject to cancellation.

Based on stated and being guided by the subitem 7 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 the resolution of August 20, 1997 as No. 18/1 "About creation of the Jalal-Abadenergo company and the resolution of August 20, 1997 No. 18/2 "About transfer to concession of Tash-Kumyrsky and Shamalduu-Saysky hydroelectric power stations" extraordinary XVIII session of the Jalal-Abad regional Kenesh of People's Deputies, contradicting Items 1, 4 Articles 4, to Item 2 of Article 19, to Item 2 of Article 92, to item 4 of article 95 of the Constitution of the Kyrgyz Republic and to cancel them.

Satisfy the petition of Kyrgyzenergo joint-stock company.

2. The final decision, is not subject to appeal. Surely to execution by all state bodies, officials and citizens.

3. 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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