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Name of the Kyrgyz Republic

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

of October 21, 2020

On the case of check of constitutionality of part 2 of Article 12 and Item 1 of part 2 of article 28 of the constitutional Law of the Kyrgyz Republic "About the status of judges of the Kyrgyz Republic" in connection with Imanaliyev Kurmanbek Belekovich's address.

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

the chairman - Duysheev K. A., judges Bobukeeva M. R., Zhumabayev L. P., Kasymaliyeva M. Sh., Kydyrbayev К.Дж., Oskonbayeva E. Zh., Saalayeva Zh. I., Sharshenaliyeva Zh. A. in case of the secretary Ablakimov K. A.,

with participation:

the addressing party - Imanaliyev Kurmanbek Belekovich;

the defendant party - Bukashev Mirlan Abylbekovich, the representative of Jogorku Kenesh of the Kyrgyz Republic by proxy;

other persons - the Kurmanbayevy Aida of Maratovna, the representative of the Ministry of Justice of the Kyrgyz Republic by proxy, Kulbayev Aslan Kasymaliyevich, the representative of the Disciplinary commission to Judicial council of the Kyrgyz Republic by proxy,

being guided by parts 1 and 6 of article 97 of the Constitution of the Kyrgyz Republic, Articles 4, of 18, of 19, of 37, 42 constitutional Laws "About the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic", considered in proceeding in open court case on check of constitutionality of part 2 of Article 12 and Item 1 of part 2 of article 28 of the constitutional Law of the Kyrgyz Republic "About the status of judges of the Kyrgyz Republic".

Reason for consideration of this case was Imanaliyev K. B. petition.

The basis to consideration of this case was the found uncertainty in question of whether there corresponds to the Constitution of the Kyrgyz Republic part 2 Articles 12, Item 1 of part 2 of article 28 of the constitutional Law of the Kyrgyz Republic "About the status of judges of the Kyrgyz Republic".

Having heard information of the judge-speaker Bobukeeva M. R. who was 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 Imanaliyev K. B. petition arrived on June 11, 2019. about check of compliance of part 2 Articles 12, Item 1 of part 2 of article 28 of the constitutional Law "About the Status of Judges of the Kyrgyz Republic" of part of 1 Article 93, to parts 1, 3 Articles 94, parts 3 of article 96 of the Constitution of the Kyrgyz Republic. Besides, amendment to the petition of June 25, 2019 the applicant asks to check the disputed regulation for compliance to parts 1, 2 Articles 6, of part 3 Articles 16, to parts 1, of 2, of 3, to Items 3, 8 parts 5 of Article 20, of part 1 of article 40 of the Constitution of the Kyrgyz Republic.

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