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

of December 14, 2006

About compliance of the resolution of the Plenum of the Supreme Court of the Azerbaijan Republic of February 14, 2003 to the Constitution and the laws of the Azerbaijan Republic in connection with the claim of Capital Bank Open joint stock company

Name of the Azerbaijan Republic

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

with participation of the court secretary I. Ismaylov,

representative of the applicant director of legal department of Capital Bank Open joint stock company M. Aliyev,

defendant's representative, judge of the Supreme Court of the Azerbaijan Republic A. Kalbaliyev,

according to part V of article 130 of the Constitution of the Azerbaijan Republic considered in proceeding in open court according to the procedure of the constitutional legal proceedings the constitutional case on check of compliance of the resolution of the Plenum of the Supreme Court of the Azerbaijan Republic of February 14, 2003 to the Constitution and the laws of the Azerbaijan Republic in connection with the claim of Capital Bank Open joint stock company.

Having heard the report of the judge R. Gvaladze, speech of the representative applicant M. Aliyev, the defendant's representative A. Kalbaliyev, having studied and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic established:

The decision of local Economic Court No. 1 of the Azerbaijan Republic of June 28, 2001 the claim of Bulk Oil Distribution Lines Production association of the State Oil Company of Azerbaijan Republic to credit institution

Agrocredit private company, not being bank (further closed joint stock company - Agrocredit), and to the United universal joint stock bank (further - БУСБанк) about deduction 612.000.000 manat were rejected.

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