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SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of June 15, 2022

On the case of check of constitutionality of part 13 of Article 121 of the Code of penal procedure of the Kyrgyz Republic in connection with the address Omurkul to uul of the Uhlan, Turganbayev Murat Zhumabayevich

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 - Omurkul to uul of the Uhlan, Turganbayev Murat Zhumabayevich;

the defendant party - Orozobek to Maksat, Toktogaziyev Kadyr Talipovich's uul, 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, Suvanaliyev Z. O., representatives of the State committee of homeland security of the Kyrgyz Republic by proxy, Musayev Baytik Musayevich, representative of the Ministry of Internal Affairs of the Kyrgyz Republic by proxy, to Begimbayeva Makhabat Sagynbekovny, representative of the Ministry of Justice of the Kyrgyz Republic by proxy,

being guided by parts 1 and 2 of article 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 case on check of constitutionality of part 13 of Article 121 of the Code of penal procedure of the Kyrgyz Republic in proceeding in open court.

Reason for consideration of this case was the petition Omurkul to uul At., Turganbayeva M. Zh.

The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Kyrgyz Republic part 13 of Article 121 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 the petition Omurkul to uul arrived on February 22, 2022 At., Turganbayeva M. Zh. about check of compliance of part 13 of Article 121 of the Code of penal procedure of the Kyrgyz Republic (further - the Code of Criminal Procedure) parts 5 of Article 23, parts of 1 Article 61, parts 4 of article 100 of the Constitution of the Kyrgyz Republic.

Determination of board of judges of the Constitutional court of the Kyrgyz Republic of March 16, 2022 the address Omurkul to uul At., Turganbayeva M. Zh. it is accepted to production.

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

According to article 121 Code of Criminal Procedure in case of property attachment person in whose production there is criminal case with the consent of the prosecutor issues the decree on excitement before the investigative judge of the petition for property attachment of the suspect, the person accused, person responsible for compensation of material damage and (or) moral harm.

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