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

of February 28, 2003 Bishkek

On representations of deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Asanov B. Zh., Abdimomunova A., Akunov B., Beknazarov A. A., Bekboyeva B. S., Duysheev O. D., Isakov I. I., Kadyrbekova I. D., Madumarova A. K., Masaliyeva A. M. and Pronenko A. P. about recognition unconstitutional and contradicting Item 1 of Article 3, to Item 1 of Article 59 and Item 6 of article 65 of the Constitution of the Kyrgyz Republic of the Laws "About Ratification of the Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese Frontier" of April 10, 1998 and "About ratification of the Supplementary Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese frontier" of May 25, 2002

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 clerk Ashirova A.,

Having heard the report of the judge of the Constitutional court of the Kyrgyz Republic Dryzhak P. N., speech of deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic - Beknazarova A. A., Isakova I. I. and Kadyrbekova I. D.; representatives of General Court of Jogorku Kenesh of the Kyrgyz Republic - Erkebayev A. E. deputies. and Kurmanova Z. K.; the representative of Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic - the deputy Isaev K. Sh.; representatives of the President of the Kyrgyz Republic Osmonov K. E., Ismailova A. K. and Mamyrova E. T.; representatives of the Government of the Kyrgyz Republic of Aitmatov A. Ch. and Alamanova S. K., having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic representation of deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Asanov B. Zh. arrived on May 16, 2002., Abdimomunova A., Akunov B., Beknazarov A. A., Bekboyeva B. S., Duysheev O. D., Isakov I. I., Kadyrbekova I. D., Madumarova A. K., Masaliyeva A. M. and Pronenko A. P. about recognition to the unconstitutional and contradicting Item 1 of Article 3, Items 1 of Article 59 and Item 6 of article 65 of the Constitution of the Kyrgyz Republic of the Law "About Ratification of the Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese Frontier" of April 10, 1998.

From the same deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic the second idea of recognition to the unconstitutional and contradicting Item 1 of Article 3, Items 1 of Article 59 and Item 6 of article 65 of the Constitution of the Kyrgyz Republic of the Law "About Ratification of the Supplementary Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese Frontier" of May 25, 2002 on June 10, 2002 arrived.

According to Item 7 of part 5 of article 22 of the Law "About the Constitutional Legal Proceedings of the Kyrgyz Republic", determination of judges of the Constitutional court of the Kyrgyz Republic of December 20, 2002, consideration of these representations is connected in one legal proceedings because they proceed from the same persons and requirements are connected among themselves.

Deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic bring the following arguments into reasons for the requirements. According to Article 9 of the Declaration on the State sovereignty of the Republic Kyrgyzstan of December 15, 1990 the Republic Kyrgyzstan territory in the existing borders is inviolable and without its consent cannot be changed. This provision found reflection in the Declaration on the state independence of the Kyrgyz Republic of August 31, 1991. China, recognizing in 1991 Kyrgyzstan as the independent state, recognized the territory within the existing borders and did not declare any claims. Article 3 of the Constitution of the Kyrgyz Republic of May 5, 1993 confirmed immunity and indivisibility of the territory of the Kyrgyz Republic in the existing borders.

The law "About Ratification of the Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese Frontier" is adopted by General Court of Jogorku Kenesh of the Kyrgyz Republic on December 26, 1997 one reading, by a majority vote from total number of deputies, approved by the Meeting of national representatives on March 17, 1998 and the Law of the Kyrgyz Republic "About ratification of the Supplementary Agreement between the Kyrgyz Republic and People's Republic of China about the Kyrgyz-Chinese frontier" General Court of Jogorku Kenesh of the Kyrgyz Republic is signed on May 10, 2002 by the President of the Kyrgyz Republic on April 10, 1998, also accepted by one reading and by a simple majority vote, approved by the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic on May 17, 2002 and signed by the President of the Kyrgyz Republic on May 25, 2002.

As the group of deputies of General Court in the representation claims, the agreements signed by the President of the Kyrgyz Republic actually the existing frontier of the Kyrgyz Republic for benefit of China changes. According to Item 1 of article 59 of the Constitution of the Kyrgyz Republic the laws on change of borders of the Kyrgyz Republic are accepted by both chambers of Jogorku Kenesh of the Kyrgyz Republic the majority at least two thirds of voices of total number of deputies of each of chambers. Item 6 of article 65 of the Constitution of the Kyrgyz Republic determines that the laws on change of borders are considered accepted after carrying out at least two readings if at least two thirds of total number of deputies of each of chambers of Jogorku Kenesh of the Kyrgyz Republic voted for them. With respect thereto, deputies ask to recognize the specified laws unconstitutional and contradicting Item 1 of Article 3, to Item 1 of Article 59 and Item 6 of article 65 of the Constitution of the Kyrgyz Republic.

In judicial session deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic Beknazarov A. A., Isakov I. I. and Kadyrbekov I. D., having supported the requirements, consider that the called Laws are adopted in defiance of the procedures provided by the Constitution of the Kyrgyz Republic ask to satisfy representations.

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.