RESOLUTION OF THE PLENUM OF THE CONSTITUTIONAL COURT OF THE AZERBAIJAN REPUBLIC

of November 19, 2004

About compliance of the resolution of Judicial Board on cases on economic disputes of the Supreme Court of the Azerbaijan Republic of October 9, 2003 to the Constitution and the laws of the Azerbaijan Republic in connection with the claim of Sema-10

Name of the Azerbaijan Republic

Plenum of the Constitutional Court of the Azerbaijan Republic as a part of F. Abdullaev (chairman), F. Babayeva, B. Garibov, R. Gvaladze (judge-speaker), E. Mamedova, I. Nadzhafova, S. Salmanova and A. Sultanov, with participation of the court secretary I. Ismaylov,

applicant CEO of Sema-10 D. M. Aliyev and his representative M. Ya. Novruzov,

according to part V of article 130 of the Constitution of the Azerbaijan Republic considered on proceeding in open court according to the procedure of the constitutional legal proceedings the constitutional complaint case of Sema-10 about compliance of the resolution of Judicial Board on Cases on Economic Disputes of the Supreme Court of the Azerbaijan Republic of October 9, 2003 to the Constitution and the laws of the Azerbaijan Republic.

The constitutional case is considered without participation of the defendant.

Having heard the report of the judge R. Gvaladze, D. M. Aliyev and M. Ya. Novruzov's performance on case, having studied and having discussed case papers, the Plenum of the Constitutional Court ESTABLISHED:

The decision of Local Economic Court No. 1 of the Azerbaijan Republic of May 19, 2003 satisfies the claim of Sema-10 to the Etilenpolietilen plant about debt repayment in the amount of 320. 130. 000th manat:

* it is decided to collect at the Etilen-Polietilen plant for benefit of Sema-10 20. 500. The 000th manat as principal debt;

* penalty in the amount of 298. 275. 000th manat;

* the amount in 1. 355. The 000th manat, required by tax authority.

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