RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of December 24, 1993 No. 11-01

About consideration by courts of claims to wrongful acts of the state bodies and officials infringing the rights of citizens

Joint generalization of court practice by the Supreme Court and prosecutor's office of the republic showed that courts of the republic generally correctly consider claims to wrongful acts of the state bodies and officials infringing the rights of citizens.

At the same time, in work of the courts on hearing of cases of this category there are also shortcomings.

Refusal cases in adoption of claims based on the omission of term of appeal, without discussion of possibility of its recovery take place.

Not all judges fulfill requirements of the law on adoption of the claim only after appeal to body, higher according to the procedure of subordination, or the official. Also acceptance and consideration in that order of the cases containing civil dispute, i.e. subject to consideration in claim procedure takes place. Deadlines of hearing of cases are skirted. Satisfying the claim of the citizen, courts not always in the decision oblige state body and the official about elimination of the allowed offense. Courts poorly exercise control of execution of the decisions.

For the purpose of elimination of noted shortcomings and uniform application of the law, the Plenum of the Supreme Court of the Kyrgyz Republic decides:

1. Courts shall mean that claims to the wrongful acts of state bodies and officials infringing the rights of citizens are considered according to the procedure of production on the cases arising from administrative legal relations on general civil procedure rules with those withdrawals and amendments which are established by the legislation of the republic.

2. The ministries, the state committees, administrative departments, local public administration, and also other state bodies formed in accordance with the established procedure for implementation of executive and administrative activities treat state bodies which actions can be appealed in court.

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