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

of November 19, 2004

About compliance of court resolutions of the Constitution and to the laws of the Azerbaijan Republic in connection with F.A.Guseynov and A. A. Gasymov's claims

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 (judge-speaker), R. Gvaladze, E.Mamedova, I. Nadzhafova, S. Salmanova and A. Sultanov,

with participation of the court secretary I. Ismaylov, representatives of the applicant M. Guliyev and R. Zulfugarov according to part V of article 130 of the Constitution of the Azerbaijan Republic Farkhada Ashraf to Guseynov and Aslan Amiraslan's ogl to Gasymov's ogl about compliance of the resolution of the Judicial Board on Civil Cases (JBCC) of the Supreme Court of the Azerbaijan Republic of April 2, 2004 on civil case in connection with Pashayevy Nargiz Mamedtagi's claim gases against F.Guseynov and A. Gasymov about determination of instructions for use by the apartment, cancellation of the agreement, recognition of the property right, and also cost recovery on repair and the counter action of A. Gasymov to N. Pashayeva about eviction from the apartment of the Constitution and to the laws of the Azerbaijan Republic considered on proceeding in open court according to the procedure of the constitutional judicial proceedings the claim. On the basis of the letter of the chairman of the Supreme Court of the Azerbaijan Republic of October 20, 2004 No. 8m-308/04 the constitutional case was considered without participation of the representative of defendant.

Having heard the report of the judge B. Garibov, speech of the representative applicant M. Guliyev on case, having studied and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic ESTABLISHED:

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