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Name of the Kyrgyz Republic

DECISION OF THE CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of June 26, 2019

On the case of check of constitutionality of normative provision of Article 271 of the Administrative Procedure Code of the Kyrgyz Republic put into words "but no later than three years from the moment of the introduction in legal force of court resolution" in connection with Muratbayev Kanybek Nasarkulovich's addresses for the benefit of Aribzhanova Azizakhan and Malatash Gold limited liability company

The constitutional chamber of the Supreme Court of the Kyrgyz Republic in structure:

the chairman - the judge Mamyrov E. T., judges Abdiyev K., Aydarbekova Ch. A., Bobukeeva M. R., Duysheev K. A., Kasymaliyeva M. Sh., Kirgizbayev K. M., Narynbekova A. O., Oskonbayeva E. Zh., Osmonova Ch. O., Saalayev Zh. I.,

in case of Kenensariyeva N. A. secretary.,

with participation: the addressing party - Muratbayev Kanybek Nasarkulovich, the representative Aribzhanova Azizakhan by proxy, Rasulov Dilshod Rakhimzhanovich, the representative of Malatash Gold limited liability company (further - OSOO "Malatash Gold") by proxy;

the parties of the defendant - Yrysbekov Talantbek Yrysbekovich, Moldobayev Almazbek Tavaldyevich, representatives of Jogorku Kenesh of the Kyrgyz Republic by proxy;

other persons - Zhusupov Meder Keneshovich, the representative of the Office of the President of the Kyrgyz Republic by proxy, Sapiyanova Margarita Nasarkanovna, the representative of the Supreme Court of the Kyrgyz Republic by proxy, the Kurmanbayevy Aida of Maratovna, the representative of the Ministry of Justice of the Kyrgyz Republic by proxy, Saliyev Azamat Rakhimberdiyevich, the specialist in the field of the right,

being guided by parts 1 and 6 of article 97 of the Constitution of the Kyrgyz Republic, Articles 4, of 18, of 19, 37 and 42 constitutional Laws "About the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic", considered case on check of constitutionality of normative provision of Article 271 of the Administrative Procedure Code of the Kyrgyz Republic put into words "but no later than three years from the moment of the introduction in legal force of court resolution" in proceeding in open court.

Reason for consideration of this case were Muratbayev K. N. petitions., representing Aribzhanova A. interests, and OSOO "Malatash Gold", and the basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Kyrgyz Republic the normative provision of Article 271 of the Administrative Procedure Code of the Kyrgyz Republic put into words "but no later than three years from the moment of the introduction in legal force of court resolution".

Having heard information of the judge-speaker Narynbekova A. O., carrying out preparation of case for judicial session, and having researched the provided materials, the Constitutional chamber of the Supreme Court of the Kyrgyz Republic

established:

In the Constitutional chamber of the Supreme Court of the Kyrgyz Republic the petition of the representative Aribzhanova of A. Muratbayev K. N. arrived on February 7, 2019. about recognition of contradicting normative provision of Article 271 of the Administrative Procedure Code of the Kyrgyz Republic put into words part "but no later than three years from the moment of the introduction in legal force of court resolution" 3 Articles 16, to parts 1, of 3, to Item 8 of part 5 of Article 20, of part 1 of article 40 of the Constitution of the Kyrgyz Republic.

As appears from the petition and the materials attached to it, on March 19, 2018 Aribzhanova A. appealed to Interdistrict court of the Osh region with the statement for review on new circumstances of the decision of Interdistrict court of the Osh region of September 24, 2008. This decision the protocol of the Zhany-Nookatsky ayylny district of February 28, 2007 No. 2 and the resolution No. 26 on fixing of the parcel of land with Ploshchad 0,10 of hectares to Aribzhanova A. shop were recognized as invalid.

The declarant as the basis for reconsideration of the case on new circumstances specified the decision of Nookatsky district court of the Osh region of January 12, 2018. This decision the action for declaration of Nasrullayev H. about recovery of the certificate on the property right to shop No. 1, located in the village of Zhany-Nookat of Nookatsky district, is left without satisfaction and took legal effect.

In this regard, Aribzhanova A. appealed to Interdistrict court of the Osh region with the statement for reconsideration of the case on new circumstances. Court, having considered case, the determination of September 25, 2018 left the statement without satisfaction.

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