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NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of May 12, 2005

according to the petition of the president of open joint stock company national air carrier "Kyrgyzstan of Aba to Zholdor" of Zhumabayev Akylbek Zhumabayevich about recognition unconstitutional and not corresponding to Item 1 of Article 4, to Item 2 of article 19 of the Constitution of the Kyrgyz Republic of Item 2 of article 12 of the Law of the Kyrgyz Republic "About the national pension social insurance"

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

with participation of the court session secretary Soodanbekov U. S.,

Having heard the report of the judge Sutalinov A. A., speeches of the representative of the president of open joint stock company national air carrier "Kyrgyzstan of Aba to Zholdor" of Maychiyev Sh. Yu., representative of Jogorku Kenesh of the Kyrgyz Republic Akchalov R. Sh., testimony of the witness Nurdinov E. S. and having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic the petition of the president of open joint stock company national air carrier "Kyrgyzstan of Aba to Zholdor" of Zhumabayev A. Zh. arrived on December 28, 2004. about recognition unconstitutional and not corresponding to Item 1 of Article 4, to Item 2 of article 19 of the Constitution of the Kyrgyz Republic of Item 2 of article 12 of the Law of the Kyrgyz Republic "About the national pension social insurance".

The following arguments are given to reasons for the petition.

The representative of Jogorku Kenesh of the Kyrgyz Republic Akchalov R. Sh. did not agree with requirements of the petition and asks to refuse its satisfaction.

Witness Nurdinov E. S., working as the head of legal department of Social fund of the Kyrgyz Republic, showed that the Law of the Kyrgyz Republic is adopted "About the national pension social insurance" according to the Constitution of the Kyrgyz Republic and does not contradict it. The social fund monthly pays preferential pension, but open joint stock company the national air carrier "Kyrgyzstan of Aba to Zholdor" timely does not transfer funds and more than two million catfishes have debt on payment compensation.

Constitutional court of the Kyrgyz Republic, having researched case papers, having discussed arguments of the parties and the testimony of the witness considers that the petition of the president of open joint stock company national air carrier "Kyrgyzstan of Aba to Zholdor" cannot be satisfied on the following bases.

Item 1 of article 12 of the Law "About the National Pension Social Insurance" provides that on age in connection with special working conditions the workers of flight and flight-test structure having length of service in these positions have pension entitlement: men - at least 25 years, women - at least 20 years, irrespective of achievement of generally established retirement age: men - 63 years, women - 58 years.

Despite special working conditions, operators of air transport manage to perform employment for work of citizens, proceeding from opportunity to guarantee charge to them the preferential pension provided by the above-named law in case of execution of an employment agreement.

In judicial session it is determined that to the workers of flight and flight-test structure who came to long-service pension, pension is paid by Social fund of the Kyrgyz Republic from means of the operators of air transport created of additional transfers for covering of the actual expenses compensating payment in the form of preferential pension for use of their work in special conditions.

On reaching these persons of generally established retirement age, pension is paid for the account of means of Social fund of the Kyrgyz Republic, and additional transfers by operators of air transport stop.

Arguments of the representative of open joint stock company national air carrier "Kyrgyzstan of Aba to Zholdor" that "Kyrgyzstan of Aba to zholdor" transfers funds in Social fund for payment of preferential pensions to the pensioners of aircrew working in other airlines are subject of the civil dispute subordinated to courts of law.

Proceeding from stated, the Constitutional court of the Kyrgyz Republic considers that Item 2 of article 12 of the Law of the Kyrgyz Republic "About the national pension social insurance" does not violate the right to property of open joint stock company national air carrier "Kyrgyzstan of Aba to Zholdor" guaranteed by Item 1 of Article 4, Item 2 of article 19 of the Constitution of the Kyrgyz Republic and 17, 22 and 27 Constitutions of the Kyrgyz Republic does not contradict requirements of Articles 15,.

DECIDED:

1. Refuse satisfaction of the petition of the president of open joint stock company national air carrier "Kyrgyzstan of Aba to Zholdor" of Zhumabayev Akylbek Zhumabayevich about recognition unconstitutional and not corresponding to Item 1 of Article 4, to Item 2 of article 19 of the Constitution of the Kyrgyz Republic of Item 2 of article 12 of the Law of the Kyrgyz Republic "About the national pension social insurance".

2. The final decision, is not subject to appeal. Surely to execution by all state bodies, officials and citizens.

3. The decision to publish in "Sheets of Jogorku Kenesh of the Kyrgyz Republic", newspapers: "Tuusu's Kyrgyz", "Word of Kyrgyzstan" and "Erkin Too".

 

Chairman

Constitutional court

Kyrgyz Republic

 

 

Bayekova Ch. T.

Secretary

Constitutional court

Kyrgyz Republic

 

 

Kenensariyev A. S.

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