Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

on idea of the deputy of Jogorku Kenesh of the Kyrgyz Republic Artykbayev O. M. of recognition inappropriate to Items 1 and 2 of Article 14, to Item 3 of Article 15, to Items 9, 16, 17, the 19th Articles 16, to Item 1 of Article 17 and article 40 of the Constitution of the Kyrgyz Republic of Item 5 of Article 5 and parts 7 and 8 of article 7 of the Law of the Kyrgyz Republic "About patent agents" of February 19, 2001 (in edition of March 31, 2005)

On January 19, 2006 city of Bishkek

Constitutional court of the Kyrgyz Republic in structure: The chairman - Bayekova Ch. T., the vice-chairman - Sutalinov A. A., P.N., Kenensariyev A. S. sudeydryzhaka., Togoybayeva Zh. Zh., Esenaliyeva K. E. and Esenkanova K. E.,

with participation of the court session secretary Umaraliyev S.,

parties: the representative of the deputy of Jogorku Kenesh of the Kyrgyz Republic Artykbayev Osmonbek Mambetkanovich - Maychiyev Shamaral Yusupovich who is acting on the basis of the power of attorney of June 8, 2005, the representative of Jogorku Kenesh of the Kyrgyz Republic Sherikulov Anarbek Suyunkulovich who is acting on the basis of the power of attorney of December 20, 2005, signed Toraga of Jogorku Kenesh of the Kyrgyz Republic, the representative of the concerned party of "Kyrgyzpatent" of Usenaliyeva Nazira Sagyndykovna who is acting on the basis of the power of attorney of April 20, 2005

considered in proceeding in open court idea of the deputy of Jogorku Kenesh of the Kyrgyz Republic Artykbayev O. M. of recognition not corresponding to Items 1 and 2 of Article 14, to Item 3 of Article 15, to Items 9, of 16, of 17, of the 19th Article 16, to Item 1 of Article 17 and article 40 of the Constitution of the Kyrgyz Republic of Item 5 of Article 5 and parts 7 and 8 of article 7 of the Law of the Kyrgyz Republic "About patent agents" of February 19, 2001 (in edition of March 31, 2005).

Having heard the report of the judge Esenkanov K. E., speeches of the representative of the deputy of Jogorku Kenesh of the Kyrgyz Republic Artykbayeva O. M. Maichiyev Sh. Yu., representative of Jogorku Kenesh of the Kyrgyz Republic Sherikulov A. S., the representative of Kyrgyzpatent - Usenaliyeva N. S. and having researched case papers,

Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic idea of the deputy of Jogorku Kenesh of the Kyrgyz Republic Artykbayev O. M. of recognition not corresponding to Items 1 and 2 of Article 14, to Item 3 of Article 15, to Items 9, of 16, of 17, of the 19th Article 16, to Item 1 of Article 17 and article 40 of the Constitution of the Kyrgyz Republic of Item 5 of Article 5 and parts 7 and 8 of article 7 of the Law of the Kyrgyz Republic "About patent agents" of February 19, 2001 on June 10, 2005 arrived (in edition of March 31, 2005).

The following arguments are given in representation. The Jogorku Kenesh of the Kyrgyz Republic changes on March 31, 2005 Item 5 of Article 5 and part 7, of the 8th article 7 of the called law according to which the obligation was imputed by the patent agent to have knowledge of state language in the amount necessary for execution of the obligations, and also is determined that their recertification is performed by authorized state body in the field of intellectual property at least once in 5 years in the same order, as well as in case of certification.

Item 5 of article 5 of the called Law contradicts provisions, certain Item 2 of article 5 of the Constitution of the Kyrgyz Republic on the use in the Kyrgyz Republic as official language of Russian and stipulated in Item 4 same articles about inadmissibility of infringement of the rights and freedoms of citizens on the basis of ignorance of the state or official languages as article 4 of the Law "About Patent Agents" fixes that the patent agent can perform the professional activity as samostoyateln quality of the individual entrepreneur or with formation of legal entity, and, working on hiring, their activities are business activity.

Besides, breaks the right of everyone to freedom of work fixed by Item 19 of article 16 of the Constitution of the Kyrgyz Republic, and also the right to dispose of the capabilities to work, to choose profession and occupation, the provision guaranteed by Item 1 of article 17 about inadmissibility to issue the laws canceling and diminishing human rights and freedoms, provisions, stipulated in Item 3 articles 15 that nobody can be exposed to any discrimination, infringement of the rights and freedoms based on nationality, language. . religions or on any other conditions and circumstances of personal or public nature, Item 17 of Article 16, the determined right of everyone to own, use and dispose of the property, results of the intellectual, creative activities, Item 1 of Article 14, fixed that each citizen owing to the nationality has the rights and performs duties, Item 1 of Article 40, providing to each citizen qualified legal aid and protection of the rights and freedoms guaranteed by the Constitution of the Kyrgyz Republic, Item 16 of Article 16, guaranteeing everyone freedom of literary, art, scientific and technical creativity, protection of intellectual property.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.