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

of October 19, 2004

About compliance of the resolution of Judicial Board on cases on economic disputes of the Supreme Court of the Azerbaijan Republic of February 28, 2002 to the Constitution and the laws of the Azerbaijan Republic in connection with the claim of RAFZAN Small Enterprise

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 secretary of I. Ismaylov,

the applicant - the director of MT of "RAFZAN" R. N. Gasanov and his representative R. B. Akhmedov

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 judicial proceedings the constitutional complaint case of RAFZAN Small Enterprise about compliance of the resolution of Judicial Board on cases on economic disputes of the Supreme Court of the Azerbaijan Republic of February 28, 2002 to the Constitution and the laws of the Azerbaijan Republic. The constitutional case was considered without participation of defendant.

Having heard the report of the judge R. Gvaladze, speech of the representative applicant R. Gasanov on case, having considered and having discussed case papers the Plenum of the Constitutional Court of the Azerbaijan Republic Established:

The claim of the Trastbank Commercial Bank (CB) to the Zirve Housing Cooperative (HC) and the RAFZAN Small Enterprise (SE) about debt repayment on the credit was partially satisfied with the decision of Local economic court No. 1 of the Azerbaijan Republic of August 22, 2001:

* the principal credit debt in the amount of 1.050.000.000 manat due to pledged property;

* the interest-bearing debt added for the credit in the amount of 8.516.261 manats;

* the paid expenses for legal services in case in the amount of 10.000.000 manat;

* the state fee in the amount of 1.000.000 manat is decided to be transferred to advantage of CB Trastbank.

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