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

of January 29, 2010 No. 1

About court practice on cases on establishment of the facts having legal value

Generalization of court practice on cases on establishment of the facts having legal value showed that courts generally correctly resolve these cases.

At the same time courts by consideration of these cases make mistakes in application of the law. So, adopting statements for establishment of the facts, judges not always check whether the legal value what purpose requires its establishment whether the possibility of obtaining or recovery of the lost title document extrajudicially is excluded has this fact. Cases of acceptance by courts of not subordinated statements are not rare.

In some cases the substantive provisions of decisions do not contain this, necessary for registration of established fact in bodies of civil registration (further - the REGISTRY OFFICE), or other bodies, the established fact accurately is not stated.

For the purpose of remedial action in case of consideration of the applications, the correct and uniform application of the legislation on the specified category of cases, the Plenum of the Supreme Court of the Kyrgyz Republic decides:

1. Draw the attention of courts to what put about establishment of the facts having legal value are initiated according to the petition from citizens, the organizations, and also other persons who under the law have the right to take a legal action in protection of interests of other persons (the Art. of the Art. 46, 56 Civil Procedure Codes of the Kyrgyz Republic (further by GPK). The group of people, having the right to appeal to the court, is determined by content of the regulations of the substantive right which are governing the relations in connection with which emergence factual determination is required, having legal value.

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