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RESOLUTION OF THE PLENUM OF THE CONSTITUTIONAL COURT OF THE AZERBAIJAN REPUBLIC

of November 19, 2004

About compliance of the resolution of Judicial Board on cases on economic disputes of the Supreme Court of the Azerbaijan Republic of April 22, 2004 to the Constitution and the laws of the Azerbaijan Republic in connection with the claim of Baku Telephone Communication Production association

Name of the Azerbaijan Republic

Plenum of the Constitutional Court of the Azerbaijan Republic as a part of F. Abdullaev (chairman), F. Babayeva, B. Garibov, R. Gvaladze (judge-speaker), E.Mamedova, I. Nadzhafova, S. Salmanova and A. Sultanov,

with participation of the court secretary I. Ismaylov,

representatives of the applicant of the acting as CEO of Baku Telephone Communication Production association A. M. Guliyev and lawyer A. M. Guseynli,

the specialist - the independent auditor N. M. Talybov

according to part V of article 130 of the Constitution of the Azerbaijan Republic according to the procedure of the constitutional legal proceedings in proceeding in open court at the request of Baku Telephone Communication Production association considered the constitutional case on check of compliance of the resolution of judicial board on cases on economic disputes of the Supreme Court of the Azerbaijan Republic of April 22, 2004 to the Constitution and the laws of the Azerbaijan Republic. The constitutional case is considered without participation of defendant.

Having heard the report of the judge R. Gvaladze, speech of the representative applicant A. M. Guseynli and the specialist N. M. Talybov in case, having researched and having discussed case papers the Plenum of the Constitutional Court Established:

The decision of Local economic court No. 1 of the Azerbaijan Republic of March 17, 2003 the claim of National Bank of the Azerbaijan Republic (NB) for collection of the principal and interest-bearing debt which is not returned on the credits issued to Joint investment bank "Pochtbank" (AIB) as guarantee of providing the agreements signed between NB and the Baku Telephone Communication Production Association (BTCPA) decides collection of principal debt at AIB "Pochtbank" for benefit of National Bank according to two credit agreements 7.500.000.000 and 2.000.000.000 manats, only 9.500.000.000 manat of principal debt and respectively 758.219.178 and 139.726.027 manat of interest-bearing debt. And the claim concerning Baku Telephone Communication Production association is rejected.

The resolution of the Trial Court was left by the decision of Economic Court of the Azerbaijan Republic of June 23, 2003 without changes.

The above-stated decision of Economic Court of the Azerbaijan Republic was cancelled by the resolution of judicial board on cases on economic disputes of the Supreme Court of the Azerbaijan Republic (SKDES) of December 11, 2003, and case was sent to the same court for new trial.

The decision of Economic Court of the Azerbaijan Republic of February 20, 2004 the decision of Local economic court No. 1 of the Azerbaijan Republic of March 17, 2003 cancelled and made the new decision, the claim of National Bank at the expense of POBTS is satisfied, collection at the defendant of principal debt 9.500.000.000 manat and interest-bearing debt 897.945.205 manat for benefit of National Bank is decided, the claim against AIB "Pochtbank" is rejected.

The above-stated decision of Appeal Court is left by the resolution SKDES of the Supreme Court of the Azerbaijan Republic of April 22, 2004 without changes. POBTS in the claim addressed to the Constitutional Court including the last court order of cassation instance illegal and groundless, asks about check of compliance of this resolution of the Constitution and to the laws of the Azerbaijan Republic.

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