of November 23, 2004
On case "About determination of compliance parts 1 and 2 of Article 192 and part 1 of Article 323 of the Civil code of the Republic of Tajikistan of part 2 of article 1 to parts 1 and 2 of Article 5, of part of 1 Article 10, of part 2 of article 12 to parts 1 and 2 of Article 14, of part of 1 Article 17, speak rapidly 3 Articles 18, to Article 19, of part 1 of Article 32 and article 36 of the Constitution of the Republic of Tajikistan"
Constitutional court of the Republic of Tajikistan as a part of the chairman - the Chairman of the Constitutional court of the Republic of Tajikistan Aliyev 3. M, judges: Mustafokulova Sh. M., Nazarov M. N., Mukbilshoyev B. M., Abdulloyev L. I., Komilovy X. River,
with participation of the court session secretary Raufov M. M.,
plenipotentiary citizen Nishonov 3. - Umarzoda S. of the plenipotentiary of citizens Ganiyeva G. S., Ganiyev I. O. and Isoyeva G. M. - the lawyer Rumiyev G. O., the plenipotentiary of Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan in the Constitutional court of the Republic of Tajikistan Rakhimov M. 3., plenipotentiary of Majlisi milli of Majlisi Oli of the Republic of Tajikistan in the Constitutional court of the Republic of Tajikistan Makhmudov M. A., the plenipotentiary of the President of the Republic of Tajikistan in the Constitutional court of the Republic of Tajikistan Murodov D. the invited representative of the Attorney-General of the Republic of Tajikistan Olimov M. M.,
having heard the report of the judge Mukbilshoyev B. M., explanation of the parties and their representatives, having researched other case papers, predelit:
Citizens Ganiyeva Gulchekhra, Ganiyev Izzat, Isoyeva Gulrukhsor and Nishonov Zafar, having appealed to the Constitutional court in the petitions, specify that they based on the purchase and sale agreements registered in notary offices of the Frunze and Central districts of the city of Dushanbe purchased apartments from Dzhabborov A. citizens, Savrilloyev R. and Goibovy T. Based on decisions of the courts of these areas the contracts signed between the sellers and buyers i.e. who addressed were acknowledged invalid and they were evicted together with members of their families from the occupied living spaces. Based on requirements of parts 1 and 2 of Article 192 and part 1 of Article 323 of the Civil code of the Republic of Tajikistan premises were returned to initial owners. Invalid that sellers were not direct owners of disputed apartments were formed the basis for recognition of purchase and sale agreements, had no right of their alienation.
Citizens Ganiyeva G., Ganiyev I., Isoyeva G., and Nishonov 3. consider that regulations of parts 1 and 2 of Article 192 and part 1 of Article 323 of the Civil code of the Republic of Tajikistan regarding reclamation of property at the fair acquirer received by it according to the transaction violate their constitutional rights guaranteed by part 2 Articles 1, parts 1 and 2 of Article 5, part of 1 Article 10, part 2 Article 12, parts 1 and 2 of Article 14, part of 1 Article 17, part 3 Articles 18, Article 19, part 1 of Article 32 and article 36 of the Constitution of the Republic of Tajikistan that interferes them with worthy life and free development. In this case the rights and freedoms recognized by the Constitution the supreme value are violated i.e. immunity of life, honor, advantage and other natural rights of the person are broken. According to addressed in spite of the fact that the law regarding 1 Article 323 of the Civil code of the Republic of Tajikistan provides institute of the fair acquirer, and after recognition of the acquirer fair, the property is taken away from him, its legitimate rights for property and for judicial protection thereby are violated and there is no distinction left between the fair and unfair acquirer.
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