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

of October 27, 2004

About compliance of acts of Judicial Board on Civil cases of the Supreme Court of the Azerbaijan Republic to the Constitution and the laws of the Azerbaijan Republic in connection with S. N. Mamedova's claim

Name of the Azerbaijan Republic

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

with participation of the court secretary I. Ismaylov,

representative applicant R. Orudzhev

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 Sona Niftull of gyza of Mamedova about determination compliance of October 3, 2003 and the resolution of November 5, 2003 of Judicial Board on Civil Cases of the Supreme Court of the Azerbaijan Republic to the Constitution and the laws of the Azerbaijan Republic.

According to the letter of the vice-chairman of the Supreme Court of the Azerbaijan Republic of August 11, 2004 No. 8m-84 the constitutional case was considered without participation of the representative of defendant.

Having heard the report of the judge E. Mamedov and speech of the representative applicant R. Orudzhev on case, having studied and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic ESTABLISHED:

Apparently from materials of the constitutional case, E. T. Abdullaeva on the basis of the credit agreement No. 165 of May 29, 1998 got for 3rd monthly penal from Russian Credit commercial Bank (in this time - "United Credit Bank") the credit for the amount 30. 000 US dollars with condition under 40% per annum. In the same day it as the guarantee of repayment of the loan drew up in notarial procedure with the employee of Russian Credit commercial Bank (further - Bank) F. R. Muradov the sale and purchase agreement of the apartment No. 25 of the house No. 2 belonging to it down the street of Aliyarbekov of the city of Baku.

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