NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of January 10, 2003

Constitutional court of the Kyrgyz Republic in structure:

Chairman Bayekova Ch. T., vice-chairman Sutalinov A. A., judges - Dryzhaka P. N., Kayypova M. T., Kenensariyev A. S., Togoybayeva Zh. Zh., Esenaliyeva K. E. and Esenkanova K. E.,

with participation of the court session secretary Namatov N. A.,

Having heard the report of the judge Kayypov M. T., performances of the deputy attorney general of the Kyrgyz Republic Abdiyev K. A., the former judge of Zhayylsky district court of Abaskanovy B. A., her lawyer of Abdubatayevoy S.A., having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic on September 24, 2002, in connection with initiation of legal proceedings concerning the former judge of Zhayylsky district court of Abaskanovy B. A. on signs of part 3 of Item 3 of Article 304 and article 315 of the Criminal code of the Kyrgyz Republic idea of the Attorney-General of the Kyrgyz Republic of consent on Abaskanovy B. A. involvement to criminal liability arrived.

The following arguments are given in representation. Judge Abaskanova B. A. On January 22, 2002, having considered criminal case concerning Yulbarsov E., took out two sentences contradicting each other. In the sentence of January 22, 2002 attached in criminal case, Yulbarsov E. was found guilty as regards 3rd article 246 of the Criminal code of the Kyrgyz Republic and sentenced to two years of imprisonment, with serving sentence in colony of the strengthened mode. In the sentence handed by the judge Abaskanova B. A. on the same day to Yulbarsov E. it is specified about serving of the penalty imposed by court in colony settlement. Ten days later after adjudgement, the judge Abaskanova B. A. took out two different orders about its execution: in one it is specified that Yulbarsov E. is sentenced to two years of imprisonment, with serving sentence in colony of the strengthened mode, and at other order sent for execution to the pre-trial detention center N 1 cities of Bishkek - serving sentence by Yulbarsov E. in colony settlement is specified. Thus, judge Abaskanova B. A., being official, using the official position contrary to interests of service, allowed abuse of the official capacity which entailed fundamental breach of the interests of the state protected by the law and office forgery that is committed crimes, stipulated in Item 3 parts 3 of Article 304 and article 315 of the Criminal code of the Kyrgyz Republic. Because Abaskanova B. A. fault in making of the above-stated crimes completely is confirmed by case papers, asks to agree to attraction it to criminal liability.

In judicial session the deputy attorney general of the Kyrgyz Republic Abdiyev K. supported representation of the Attorney-General of the Kyrgyz Republic.

The former judge of Zhayylsky district court of Abaskanov B. and her lawyer Abdubatayeva S. did not agree with arguments of representation of the Attorney-General of the Kyrgyz Republic and ask to leave representation without satisfaction.

Constitutional court of the Kyrgyz Republic, having discussed arguments of the parties, having researched case papers, considers representation subject to satisfaction on the following bases.

From the provided materials it is visible, the judge of Zhayylsky district court Abaskanova B. A. On January 22, 2002, having considered criminal case concerning Yulbarsov E. announced sentence about recognition by his guilty person as regards 3rd article 246 of the Criminal code of the Kyrgyz Republic and appointment of two years of imprisonment, with serving sentence in colony of the strengthened mode, filed it.

On the same day, handed to the condemned Yulbarsov E. under list other sentence, about his condemnation for two years, with serving sentence in colony settlement.

Then, after the introduction of sentence in legal force, on February 7, 2002 the judge Abaskanova B. A. itself having appended the signature, having fixed by seal of court, sent to the chief of the pre-trial detention center N 1 cities of Bishkek the order that the sentence of Zhayylsky district court of January 22, 2002 about Yulbarsov E. recognition by the guilty person as regards 3rd article 246 of the Criminal code of the Kyrgyz Republic and his condemnation for two years of imprisonment with serving sentence in colony settlement, having specified that in connection with not receipt of the statement the sentence became effective on February 1, 2002 and is subject to immediate execution. Meanwhile, on the same day, took out and attached to criminal case of E.Yulbarsov the second order having specified that the sentence about E.Yulbarsov's condemnation by two years of imprisonment with serving sentence in colony of the strengthened mode, in connection with entry into force is subject to immediate execution.

In judicial session from testimonies of the representative of the Attorney-General of the Kyrgyz Republic it is determined that from the above-stated sentences concerning Yulbarsov E. bodies for execution of sentences, execute sentence on serving of punishment by it in colony settlement from where the convict made escape and now it is detained for making of the new crime connected with narcotic substances investigative actions are carried out.

In judicial session of Abaskanov B. A. showed that she carried out the above-stated legal proceedings on criminal case of Yulbarsov E. as the judge, printed on the machine itself, undersigned and assured seal of court, one sentence attached to criminal case, another handed to the convict, and the order sent N 1 cities of Bishkek to the pre-trial detention center. Removal of the sentences and orders contradicting each other explains with carelessness and accident.

Apparently from materials on which representation of the Attorney-General of the Kyrgyz Republic is based, he the resolution of July 3, 2002, having brought criminal case concerning Abaskanovy B. A. judge on signs of part 3 of Item 3 of Article 304 and article 315 of the Criminal code of the Kyrgyz Republic, charged its investigation to prosecutor's office of Chuy Region. In case of initiation of legal proceedings of the requirement of the law providing features of initiation of legal proceedings concerning the judge are not broken.

Constitutional court of the Kyrgyz Republic, having researched case papers did not find violation of constitutional rights in case of initiation of legal proceedings and investigation concerning Abaskanovy B. A judge in judicial session.

The presidential decree of the Kyrgyz Republic of June 14, 2002 the judge of Zhayylsky district court of Chuy Region Abaskanova B. A. it was relieved of the post at own will.

DECIDED:

1. To satisfy idea of the Attorney-General of the Kyrgyz Republic of consent on criminal prosecution of the former judge of Zhayylsky district court Abaskanova Bubumarzhan Ashimbekovna.

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