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SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of September 21, 2022

On the case of check of constitutionality of part 4 of Article 397 of the Code of penal procedure of the Kyrgyz Republic in connection with Egetayev Nurbek Toybolotovich's address, Zhorokulov Maksatbek Mergenbayevich for the benefit of Turdubayev Alymzhan Sultanovicha

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 Kenensariyeva N. A. secretary.,

with participation:

the addressing party - Zhorokulov Maksatbek Mergenbayevich of the representative Turdubayev Alymzhan Sultanovicha by proxy;

the defendant party - Arziyev Mirbek Isamamatovich and Mambetaitov Taalaybek Zhumagulovich, representatives of Jogorku Kenesh of the Kyrgyz Republic by proxy;

the third parties - Ishekeeva Gulzaada Nazarkulovna, the representative of the President and the Cabinet of Ministers of the Kyrgyz Republic by proxy, Iskakov Erkin Bakburovich, 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, Mamytkanov Sherimkul Zamirbekovich, the representative of the Ministry of Justice of the Kyrgyz Republic,

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 of the Kyrgyz Republic "About the Constitutional court of the Kyrgyz Republic", considered case on check of constitutionality of part 4 of Article 397 of the Code of penal procedure of the Kyrgyz Republic in proceeding in open court.

Reason for consideration of this case was Egetayev N. T. address., Zhorokulova M. M. for the benefit of Turdubayev A. S.

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 4 of Article 397 of the Code of penal procedure of the Kyrgyz Republic.

Having heard information of the judge-speaker Zhumabayev L. P., the case which was carrying out preparation for judicial session, and, having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic Egetayev N. T. petition arrived on April 5, 2022., Zhorokulova M. M., representing Turdubayev A. S. interests. by proxy, about recognition of the contradicting part 4 of Article 397 of the Code of penal procedure of the Kyrgyz Republic (further - the Code of Criminal Procedure) speak rapidly 2 Articles 24, of part of 1 Article 61, of part 3 of article 100 of the Constitution of the Kyrgyz Republic.

This address was accepted determination of board of judges of the Constitutional court of the Kyrgyz Republic of April 30, 2022 to production.

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

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