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

of June 17, 2004

About compliance of judgments of the Constitution and to the laws of the Azerbaijan Republic in connection with G. A. Mustafayeva's claim

Name of the Azerbaijan Republic

Plenum of the Constitutional Court of the Azerbaijan Republic as a part of F. Abdullaev (chairman), F. Babayeva, B. Garibova of R. Gvaladze, E.Mamedov, S. Salmanova (judge-speaker) and A. Sultanova,

with participation of the court secretary I. Ismaylov,

applicant Mustafayeva to Gül Adil of gyza

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 judicial proceedings the constitutional complaint case of G. Mustafayeva about compliance of court resolutions of the Constitution and to the laws of the Azerbaijan Republic.

According to the letter of the Chairman of the Supreme Court of the Azerbaijan Republic of June 1, 2004 No. 8m-19/04, the constitutional case was considered without participation of the representative of defendant.

Having heard the report of the judge S. Salmanova, the applicant Mr. Mustafayevoy's performance, having studied and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic ESTABLISHED:

G. Mustafayeva in the claim specified that she entered on March 11, 2000 the registered marriage with Mustafayevy Farrukh Elman Oglou, moved to the husband to the disputed house to the address: Baku, the settlement of A. Aslanov, Ulitsa Krugovaya 5/9, the house 129, from joint scrap was born on July 12, 2001 the child, on August 28, 2001 scrap between them was расторжен, the claim for installation in this house was satisfied with the decision of Hatainsky district court of December 25, 2002. The decision of Appeal Court of the Azerbaijan Republic of June 9, 2003 the called decision was changed and specified about payment of compensation to it in the amount of 2000 (two thousand) US dollars (at the rate in manats).

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