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

of June 29, 2005

About compliance of the resolution of the Plenum of the Supreme Court of the Azerbaijan Republic of March 3, 2005 to the Constitution and the laws of the Azerbaijan Republic in connection with the claim of Baku Telephone Communication Production association

Name of the Azerbaijan Republic

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

with participation of the court secretary I. Ismaylov,

representatives of the applicant of the deputy director general of Production association "Baku Telephone Communication of H.Kishiyev and lawyer F.Mekhtiyev,

defendant's representatives of the judge of the Supreme Court of the Azerbaijan Republic A. Kyalbaliyev and employee of the Office of the Supreme Court Z.Gambarov,

according to part V of article 130 of the Constitution of the Azerbaijan Republic considered in proceeding in open court the constitutional case on compliance of the resolution of the Plenum of the Supreme Court of the Azerbaijan Republic to the Constitution and the laws of the Azerbaijan Republic in connection with the claim of Production association "the Baku Telephone Communication.

Having heard the report of the judge R. Gvaladze, performance of agents of the parties of F.Mekhtiyev and A. Kyalbaliyev on case, having researched case papers, the Plenum of the Constitutional Court Established:

The National Bank of the Azerbaijan Republic took a legal action with the claim to Production association "The Baku Telephone Communication (further POBTS) and to Joint investment bank "Pochtbank (further AIB "Pochtbank) about collection of the main debt and interest-bearing debt.

Case was repeatedly considered in degrees of jurisdiction, and the decisions contradicting each other were made.

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