Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

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

of January 27, 2021

On the case of check of constitutionality of Item 39 of the List of diseases in the presence of which person cannot be adoptive father, the guardian (custodian) and the adoptive parent, No. 733 approved by the Order of the Government of the Kyrgyz Republic of October 27, 2015 in connection with the address of Osmonaliyeva Aynura Musayevna representing B.I.K'S interests.

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 K.Dzh., Oskonbayeva E. Zh., Saalayeva Zh. I., Sharshenaliyeva Zh. A., in case of Lobanova Zh. A. secretary.,

with participation:

the addressing party - Osmonaliyeva Aynura Musayevna representing B.I.K'S interests.;

the defendant party - Toktorov Eldar Mayrambekovich, the representative of the Government of the Kyrgyz Republic by proxy,

being guided by parts 1, of the 6th 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 the closed judicial session case on check of constitutionality of Item 39 of the List of diseases in the presence of which person cannot be adoptive father, the guardian (custodian) and the adoptive parent, No. 733 approved by the Order of the Government of the Kyrgyz Republic of October 27, 2015.

Reason for consideration of the case was Osmonaliyeva A. M. petition., B.I.K representing the interests.

The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Kyrgyz Republic Item 39 of the List of diseases in the presence of which person cannot be adoptive father, the guardian (custodian) and the adoptive parent, No. 733 approved by the Order of the Government of the Kyrgyz Republic of October 27, 2015.

Having heard information of the judge-speaker Saalayev Zh. I., the case which was carrying out preparation 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 Osmonaliyeva A. M. petition arrived on June 15, 2020., B.I.K representing the interests. about check of compliance of Item 39 of the List of diseases in the presence of which person cannot be adoptive father, the guardian (custodian) and the adoptive parent, No. 733 approved by the Order of the Government of the Kyrgyz Republic of October 27, 2015 to parts 1, 2 Articles 16, to parts 1, 2 articles 20 of the Constitution of the Kyrgyz Republic.

Follows from the provided petition that according to Item 39 of the List of diseases, person cannot be the adoptive father, the guardian (custodian) and the adoptive parent in case of availability of HIV infection at it.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

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 50000 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.
More about search system

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.