of April 7, 2006
About check of compliance of the resolution of Judicial board on civil cases of the Supreme Court of the Azerbaijan Republic of April 29, 2005 to the Constitution and the laws of the Azerbaijan Republic in connection with the claim F.M. Aliyeva
Name of the Azerbaijan Republic
Plenum of the Constitutional Court of the Azerbaijan Republic as a part of F. Abdullaev (chairman), F. Babayeva (judge-speaker), B. Garibova, R. Gvaladze, E.Mamedova, I. Nadzhafova, S. Salmanova and A. Sultanov,
with participation of the court secretary I. Ismaylov,
zayavitelya-F.Aliyevoy, representatives zayavitelya-R.Kuliyeva and R. Chukanova,
according to part V of article 130 of the Constitution of the Azerbaijan Republic Mamed of gyza concerning Gasanov of Ispandiyar Hokumull to ogl on demand about eviction from the apartment of the Constitution and to the laws of the Azerbaijan Republic considered in proceeding in open court according to the procedure of the constitutional production the constitutional case on check of compliance of the resolution of Judicial board on civil cases of the Supreme Court of the Azerbaijan Republic of April 29, 2005 on civil case of Aliyeva by Fatmakhany.
The constitutional case was considered without participation of the defendant's representative.
Having heard the report of the judge F. Babayev, performance of the applicant F. M. Aliyeva and her representative R. Chukanov on case, having studied and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic established:
Aliyeva Fatmakhany Mamed of gyza, having filed the action for declaration in Hatainsky district court, specified that she on September 25, 2001, having signed with Gasanovy Ispandiyar Hokumulla ogla the purchase and sale agreement, acquired for 42.500.000 manat the apartment No. 1 which is in its property in the house to the address: the city of Baku, Ulitsa Nikishina, 21, and, having made legal registration of the apartment as private property, received the registration certificate. However under different pretexts I. Gasanov refused to exempt and give it the apartment.
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