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

of May 31, 2006

About check of compliance of the resolution of Judicial board on civil cases of the Supreme Court of the Azerbaijan Republic of December 28, 2004 to the Constitution and the laws of the Azerbaijan Republic in connection with S. Aliyeva's claim

Name of the Azerbaijan Republic

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

with participation of the court secretary I. Ismaylov,

applicant S. Aliyeva and her representative K. Aliyev,

according to part V of article 130 of the Constitution of the Azerbaijan Republic Salatyn Alesker of gyza 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 Judicial board on civil cases of the Supreme Court of the Azerbaijan Republic of December 28, 2004 to the Constitution and the laws of the Azerbaijan Republic in connection with Aliyeva's claim. The constitutional case was considered without participation of defendant.

Having heard the report of the judge A. Sultanov, performance of the applicant and her representative on case, having studied and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic established:

From the facts of the case established by courts it is visible that two rooms (further - disputable property) from three constituting 3/24 part of the apartment house No. 41 (further - the apartment) became matter in issue down the street to M. Senani, Baku. This apartment since 1956 was addressed to V. Bagdasarova, on April 14, 1972 I. Bagiryan purchased it and on May 24, 1989 sold to G. Aliyeva, and the last sold on May 24, 1995 to T. Aliyev. According to the sale and purchase agreement of December 15, 2000, the declarant purchased this apartment from T. Aliyev and on January 26, 2001 the Baku municipal government of technical inventory count and registration of property right to it issued the registration certificate.

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