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

of February 19, 2021

On the case of check of constitutionality of parts 2, 3 articles 85 of the Law of the Kyrgyz Republic "About National Bank of the Kyrgyz Republic, banks and banking activity", in the part obliging obtaining by any physical person or legal entity of preliminary permission of National Bank to share acquisition or shares of the legal entity owning 10 and more percent of voting shares of any bank and also parts 9 of article 86 of this Law in connection with the address Tashtemir to Erkin's uul

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 the secretary of Dzholgokpayevoy S.A.,

with participation:

the addressing party - Tashtemir to Erkin's uul, representatives by proxy Kargabayev Islambek Azhygulovich, Dzhumabayeva Cholpon Zamirbekovna, Karypov Marat Kurmanbekovich;

the defendant party - Bekturova Venus Sharshenaliyevna, Shavraliyeva Gulmira Orozbayevna, Yrysbekov Talantbek Yrysbekovich, representatives of Jogorku Kenesh of the Kyrgyz Republic by proxy;

other persons - Davlesov Batyrbek Nasyrovich, the representative of the Office of the President of the Kyrgyz Republic by proxy; Abdyrayev Bakyt, Toktorov Eldar Mayrambekovich, representatives of the Center of judicial representative office of the Government of the Kyrgyz Republic; Kurmanbayevy Aida of Maratovna, representative of the Ministry of Justice of the Kyrgyz Republic by proxy; Mulkubatova Nazgul Rysbekovny, Imankhodzhayev Ilyar Akbarovich, Taylakov Emir of Baltabayevich, representatives of National Bank 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 parts 2, 3 articles 85 of the Law of the Kyrgyz Republic "About National Bank of the Kyrgyz Republic, banks and banking activity", in the part obliging obtaining by any physical person or legal entity of preliminary permission of National Bank to share acquisition or shares of the legal entity owning 10 and more percent of voting shares of any bank.

Reason for consideration of this case was the petition Tashtemir to Erkin's uul.

The basis to consideration of this case was the found uncertainty in question of whether there correspond Constitutions of the Kyrgyz Republic of part 2, 3 articles 85 of the Law of the Kyrgyz Republic "About National Bank of the Kyrgyz Republic, banks and banking activity", in the part obliging receipt by any physical person or legal entity of preliminary permission of National Bank to share acquisition or shares of the legal entity owning 10 and more percent of voting shares of any bank and also part 9 of article 86 of this Law.

Having heard information of the judge-speaker Sharshenaliyev Zh. A., 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 the petition Tashtemir to uul E arrived on January 4, 2020. about check of compliance of the normative provision "indirect possession" stated in part 1, in Item of 1 part 5, and also parts 6 of article 85 of the Law of the Kyrgyz Republic "About National Bank of the Kyrgyz Republic, banks and banking activity" to Article 18, to parts 2, 3 Articles 20, to parts 1, 2 Articles 42, article 105 of the Constitution of the Kyrgyz Republic.

As appears from the petition, according to article 105 of the Constitution of the Kyrgyz Republic the National Bank exercises supervision of bank system of the Kyrgyz Republic, determines and pursues monetary policy in the Kyrgyz Republic, develops and performs single monetarist policies, has exclusive right of carrying out issue of bank notes, realizes various forms and the principles of bank financing.

Tashtemir to uul E. considers that the Constitution of the Kyrgyz Republic determines the exhaustive list of powers of National Bank. According to part 1 of article 1 of the Law "About National Bank of the Kyrgyz Republic, Banks and Banking Activity" the bank law governs the relations in the sphere of implementation of banking activity, carrying out monetary and monetarist policies, functioning of payment system (bank legal relationship), and also legal status, competence, relations and responsibility of participants of bank legal relationship.

Article 17 of this Law determines functions and powers of National Bank, in particular, its power by supervision of bank system of the Kyrgyz Republic, including of activities of banks and other legal entities, persons under surveillance to National Bank.

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