RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of May 31, 2018 No. 12

About some questions of court practice in case of the dispute resolution according to loan agreements

The constitution of the Kyrgyz Republic guarantees everyone judicial protection of its rights and freedoms provided by the Constitution, the laws, international treaties which participant is the Kyrgyz Republic, the conventional principles and rules of international law. Everyone has the right to protect the rights and freedoms by all methods which are not prohibited by the law.

Things, including money and securities, and also other material and non-material benefits belong to objects of the civil laws.

The loan agreement - one of the most widespread methods of emergence of the civil relations.

The parties of the civil relations began to resort to judicial protection of the violated rights, freedoms and interests protected by the law following from the loan relations even more often.

Due to the introduction of amendments to the civil legislation and enforcement since July 1, 2017 of the Code of civil procedure of the Kyrgyz Republic (further - GPK of the Kyrgyz Republic), by results of the carried-out generalization of court practice on this category of cases, and also for the purpose of ensuring the correct and uniform application of the legislation in case of the dispute resolution according to the loan agreements Plenum of the Supreme Court of the Kyrgyz Republic, being guided by the p. 3 of article 98 of the Constitution of the Kyrgyz Republic, article 18 of the constitutional Law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts", decides:

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