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SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of June 8, 2022

On the case of check of constitutionality of parts 1, 2 Articles 167 of the Code of penal procedure of the Kyrgyz Republic in connection with Alagushev Akmat Kirgizbayevich, Sydykov Nurbek Kudayberdiyevich's address.

Constitutional court of the Kyrgyz Republic in structure:

chairman Oskonbayev E. Zh., judges Bobukeeva M. R., Duysheev K. A., Zhumabayeva L. P., Kasymaliyeva M. Sh., Kydyrbayev К.Дж., Sharshenaliyeva Zh. A., in case of Omorkanova G. A. secretary.,

with participation:

the addressing party - Alagushev Akmat Kirgizbayevich, Sydykov Nurbek Kudayberdiyevich;

the defendant party - Zhusubakunov Mirbek Uranovich, Yrysbekov Talantbek Yrysbekovich, representatives of Jogorku Kenesh of the Kyrgyz Republic by proxy;

the third parties - Sapiyanova Margarita Nasarkanovna, the representative of the Supreme Court of the Kyrgyz Republic by proxy, Konkubayeva Umutkan Urgaziyevna, the representative of the Prosecutor General's Office of the Kyrgyz Republic by proxy, Sabyrov Kubanychbek Sabyrovich, the representative of the State committee of homeland security of the Kyrgyz Republic by proxy, to Begimbayeva Makhabat Sagynbekovny, the representative of the Ministry of Justice of the Kyrgyz Republic by proxy, Musayev Baytik Musayevich, the representative of the Ministry of Internal Affairs of the Kyrgyz Republic by proxy,

being guided by parts 1, 2 articles 97 of the Constitution of the Kyrgyz Republic, Articles 4, of 17, of 40, of the 45th constitutional Law "About the Constitutional Court of the Kyrgyz Republic", considered in proceeding in open court case on check of constitutionality of parts 1, 2 Articles 167 of the Code of penal procedure of the Kyrgyz Republic.

Reason for consideration of this case was Alagushev A. K. petition., Sydykova N. K.

The basis to consideration of this case was the found uncertainty in question of whether there correspond Constitutions of the Kyrgyz Republic of part 1, 2 Articles 167 of the Code of penal procedure 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 court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic Alagushev A. K. petition arrived on January 21, 2022., Sydykova N. K. about check of compliance of parts 1, 2 Articles 167 of the Code of penal procedure of the Kyrgyz Republic (further - the Code of Criminal Procedure) speak rapidly 2 Articles 23, of part 2 Articles 32, to parts 1, 2 articles 61 of the Constitution of the Kyrgyz Republic.

The petition was accepted determination of board of judges of the Constitutional court of the Kyrgyz Republic of February 14, 2022 to production.

In judicial session the addressing party supported the requirements and noted the following.

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