Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

DETERMINATION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of February 17, 1998

According to the petition of the collective company "Obuvshchik" for recognition of article 84 of the Constitution of the Kyrgyz Republic of law-enforcement practice of the Supreme Arbitration Court of the Kyrgyz Republic unconstitutional and inappropriate to Item 3 established by the resolution of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic of May 7, 1997 in the claim of the collective company "Obuvshchik" to Maksat joint stock bank about recognition invalid the purchase and sale agreement of the non-residential premise

Constitutional court of the Kyrgyz Republic in structure: Chairman Bayekova Ch. T., vice-chairman Sutalinov A. A., P.N., Kenensariyev A. S. sudeydryzhaka., Osmonova K. E., Satybekova S. S., Togoybayev Zh., Esenaliyeva K. E. and Esenkanova K. E.,

with participation of the court session secretary Alymkulov M.,

parties: representatives of the collective company "Obuvshchik", the director of this company Sultankulov Alymkul and Dzheenbekov Babyrbek Subanovich who is acting on the basis of the power of attorney of December 25, 1997, the signed director of the collective company "Obuvshchik", the representative of the Supreme Arbitration Court of the Kyrgyz Republic, Tyurin Vladimir Ivanovich, the head of department of the analysis and generalization of court practice of the office of the Supreme Arbitration Court of the Kyrgyz Republic which is acting on the basis of the power of attorney of December 25, 1997, the signed Chairman of the Supreme Arbitration Court of the Kyrgyz Republic

established:

The collective company "Obuvshchik" with the petition for recognition of article 84 of the Constitution of the Kyrgyz Republic of law-enforcement practice of the Supreme Arbitration Court of the Kyrgyz Republic unconstitutional and inappropriate to Item 3 established by the resolution of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic of May 7, 1997 in the claim of the collective company "Obuvshchik" to Maksat joint stock bank about recognition invalid the purchase and sale agreement of the non-residential premise appealed on November 28, 1997 to the Constitutional court of the Kyrgyz Republic.

The collective company "Obuvshchik" brings the following arguments into reasons for the petition. The decision of the Supreme Arbitration Court of the Kyrgyz Republic of March 19, 1997, the purchase and sale agreement of the non-residential premise, at the address: Bishkek, Ulitsa Togolok Moldo 70a, on August 28, 1996, concluded between Maksat joint stock bank and the collective company "Obuvshchik", is nullified. From the account of operation of Maksat joint stock bank, for benefit of the collective company "Obuvshchik" 130000 US dollars of principal debt, and also court costs in the amount of 1535 som are exacted.

The resolution of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic of May 7, 1997, the specified decision is cancelled and to Maksat joint stock bank about recognition invalid the purchase and sale agreement of the non-residential premise of August 18, 1996 is refused the claim of the collective company "Obuvshchik".

This resolution allows gross violation of requirements of Item 3 of article 84 of the Constitution of the Kyrgyz Republic according to which the Supreme Arbitration Court of the Kyrgyz Republic is authorized to exercise supervision of judicial activities of Arbitration Courts of areas and the city of Bishkek, that is had no legal causes for review of own decisions according to the procedure of check of their legality and justification.

Full text available with active License only!

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 38000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.