of December 1, 2005 No. 01-10/847
About some questions of application of the Code of civil procedure of the Kyrgyz Republic
In the Supreme Court of the Kyrgyz Republic from local courts significant amount of letters with request of explanation of procedure for application of Articles 26, 383 Codes of civil procedure of the Kyrgyz Republic arrives.
The analysis of the considered civil cases and cases considered according to the Section VI of the Code of civil procedure of the Kyrgyz Republic shows that district and regional courts not always correctly apply requirements of Articles 26 and 383 of the Code of civil procedure of the Kyrgyz Republic, and still, accept to the production and consider the cases referred by the procedural law to cognizance of interdistrict courts and judicial board on administrative and economic cases of regional court.
The Supreme Court of the Kyrgyz Republic considers necessary to explain to local courts the following that according to Item 3 of Article 26 of the Code of civil procedure of the Kyrgyz Republic interdistrict courts on civil procedure rules, according to requirements of Chapter 26 "Production according to statements for contest of resolutions of state bodies and officials, representatives to consider cases on administrative offenses" and Chapter 27 "Production on cases on contest of decisions and actions (failure to act) of public authorities, local government bodies, officials" of the Code of civil procedure of the Kyrgyz Republic administrative cases are considered (irrespective of who is applicant: citizen or legal entity):
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