DETERMINATION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of April 12, 2001

According to the petition of Kyrgyzstan joint stock bank for recognition unconstitutional and inappropriate to Items 1, 4 Articles 4, to Items 3, 4 Articles 15, to Article 38, to Items 1, 2, 4 Articles 79 and to Item 3 of article 84 of the Constitution of the Kyrgyz Republic of the law-enforcement practice established by determination of the judge of the Supreme Arbitration Court of the Kyrgyz Republic of September 18, 1995 and the resolution of judicial board of the Supreme Arbitration Court of the Kyrgyz Republic of October 3, 1995 on case on the claim of department "Uchkun" of Kyrgyzstan joint stock bank to Zalkar LTD and kolkhoz of Engels about collection of credit debt in the amount of 2773130 som

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

Having heard the report of the judge Kenensariyev A. S., representatives of Kyrgyzstan joint stock bank to Abdyzhaparov M. A., to Kasymov A. A., representative of the Supreme Arbitration Court of the Kyrgyz Republic Tyurin V. I. and having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic the petition of Kyrgyzstan joint stock bank for recognition unconstitutional and inappropriate to Items 1, 4 Articles 4, to Items 3, 4 Articles 15, to Article 38, to Items 1, of 2, 4 Articles 79 and to Item 3 of article 84 of the Constitution of the Kyrgyz Republic of the law-enforcement practice established by determination of the judge of the Supreme Arbitration Court of the Kyrgyz Republic of September 18, 1995 and the resolution of judicial board of the Supreme Arbitration Court of the Kyrgyz Republic of October 3, 1995 on case on the claim of department "Uchkun" of Kyrgyzstan joint stock bank to Zalkar LTD and kolkhoz of Engels about collection of credit debt in the amount of 2773130 som arrived on November 3, 2000.

The following arguments are given to reasons for the petition. The decision of Arbitration Court of Chuy Region of May 11, 1995 from the account of kolkhoz of Engels for benefit of department "Uchkun" of Kyrgyzstan joint stock bank collected the amount of 2773130 som and 27731 som of the state fee.

The judge of the Supreme Arbitration Court of the Kyrgyz Republic Toktomushev M., on the initiative, determination of September 18, 1995, accepted case to production and appointed it to consideration, and judicial board of the Supreme Arbitration Court of the Kyrgyz Republic, having considered case in the list of three judges, the resolution of October 3, 1995, having cancelled the decision of Arbitration Court of Chuy Region of May 11, 1995 and having submitted the case on new trial to the same court, established law-enforcement practice in defiance of shareholder rights of Kyrgyzstan joint stock bank on equal protection of the property rights, on providing with justice and the judicial protection guaranteed by Item 1 of Article 4, item 4 of Article 15 and article 38 of the Constitution of the Kyrgyz Republic.

Consideration of the case according to the procedure of supervision by judicial board, but not the Supreme Arbitration Court of the Kyrgyz Republic, contradicts articles 79 and 84 of the Constitution of the Kyrgyz Republic as the right of implementation of supervision of judicial activities of Arbitration Courts of areas and the city of Bishkek is assigned to the Supreme Arbitration Court of the Kyrgyz Republic.

In judicial session representatives of Kyrgyzstan joint stock bank - Abdyzhaparova M. A. and Kasymova A. A., having supported the petition, ask it to satisfy.

Representative of the Supreme Arbitration Court of the Kyrgyz Republic Tyurin V. I., without having agreed with petition arguments, asks to stop the constitutional legal proceedings.

Apparently from the provided materials, the decision of Arbitration Court of Chuy Region of May 11, 1995 from the account of kolkhoz of Engels for benefit of department "Uchkun" of Kyrgyzstan joint stock bank collected the amount of 2773130 som and 27731 som of the state fee, and judicial board of the Supreme Arbitration Court of the Kyrgyz Republic, having accepted to the production case on initiative of the judge of the Supreme Arbitration Court of the Kyrgyz Republic Toktomushev M., the resolution of October 3, 1995 cancelled the specified judgment and submitted the case on new trial to the same court.

The decision of December 19, 1995 the Arbitration Court of Chuy Region collected from the account of operation of Zalkar LTD for benefit of department "Uchkun" of Kyrgyzstan joint stock bank 2773130 catfishes of principal debt and interests on credit and 27731 som of the state fee. Production in the claim to kolkhoz of Engels is stopped.

The specified court resolutions are based on the Law of the Republic Kyrgyzstan "About procedure for permission of economic disputes by Arbitration Courts of the Republic Kyrgyzstan" of March 2, 1992 which is declared invalid by the Law of the Kyrgyz Republic "About enforcement of the Arbitral Procedure Code of the Kyrgyz Republic" of April 16, 1996.

According to part 4 of article 22 of the Law "About the Constitutional Legal Proceedings of the Kyrgyz Republic" the constitutional legal proceedings initiated according to the petition of Kyrgyzstan joint stock bank are subject to the termination.

The Kyrgyzstan joint stock bank according to the existing Arbitral Procedure Code of the Kyrgyz Republic is not deprived of opportunity to dispute legality of the decision of Arbitration Court of Chuy Region of December 19, 1995 in the Supreme Arbitration Court of the Kyrgyz Republic.

Constitutional court of the Kyrgyz Republic, based on stated and being guided by part 4 of article 22 of the Law "About the Constitutional Legal Proceedings of the Kyrgyz Republic"

DETERMINED:

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