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NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of February 3, 1999

According to the petition of joint commercial Industrial Construction Bank of the Kyrgyz Republic for recognition unconstitutional and inappropriate to item 4 of Article 79, to Item 3 of Article 84, to Item 2 of Article 89 and article 90 of the Constitution of the Kyrgyz Republic of Items 1 and 4 of Article 153 of the Arbitral Procedure Code of the Kyrgyz Republic and law-enforcement practice established by determinations of July 20 and 21, 1998 and the resolution of September 4, 1998 of the Supreme Arbitration Court of the Kyrgyz Republic on case on the claim of joint commercial Industrial Construction Bank of the Kyrgyz Republic to Kyrgyzenergo joint-stock company and Naryngidroenergostroy joint-stock company about collection of credit debt in the amount of 30 million 608 thousand som

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

Having heard the report of the judge Osmonov K. E., speeches of the chairman of the board of joint commercial Industrial Construction Bank of the Kyrgyz Republic Mukashev M. O. and the representative of this bankasadykov of N.B., representatives of the Supreme Arbitration Court of the Kyrgyz Republic - Tyurina V. I. and General Court of Jogorku Kenesh of the Kyrgyz Republic - Ziyatdinova B. K., having researched case papers, the Constitutional court of the Kyrgyz Republic ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic on October 12 and on December 3, 1998 the petition of joint commercial industrially construction stock bank of the Kyrgyz Republic for recognition unconstitutional and inappropriate to item 4 of Article 79, to Item 3 of Article 84, to Item 2 of Article 89 and article 90 of the Constitution of the Kyrgyz Republic of Items 1 and 4 of Article 153 of the Arbitral Procedure Code of the Kyrgyz Republic and law-enforcement practice established by determinations of July 20 and 21, 1998 and the resolution of September 4, 1998 of the Supreme Arbitration Court of the Kyrgyz Republic on case on the claim of joint commercial Industrial Construction Bank of the Kyrgyz Republic to Kyrgyzenergo joint-stock company and Naryngidroenergostroy joint-stock company about collection of credit debt in the amount of 30 million 608 thousand som arrived.

Joint commercial Industrial Construction Bank of the Kyrgyz Republic brings the following arguments into reasons for the requirements. Determination of November 21, 1996 the Supreme Arbitration Court of the Kyrgyz Republic production stopped case on the claim of Kyrgyzpromstroybank joint stock bank to the State joint-stock company "Kyrgyzgosenergoholding" and Naryngidroenergostroy joint-stock company about collection of credit debt in the amount of 30 million 608 thousand som. This determination is cancelled by the resolution of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic of January 29, 1997, and the claim of joint-stock commercial Kyrgyzpromstroybank is left without satisfaction. The resolution of cassation instance of the Supreme Arbitration Court of the Kyrgyz Republic of March 18, 1997 repeals the resolution of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic of January 29, 1997 and from the State-owned joint-stock holding power company of the Kyrgyz Republic for benefit of joint commercial Industrial Construction Bank of the Kyrgyz Republic is exacted 30 million 608 thousand som, the Naryngidroenergostroy joint-stock company is exempted from liability. Determination of March 11, 1998, judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic (Kayypov M. T., Rybalkina A. D., Bekishov D.), according to the statement of Kyrgyzenergo joint-stock company for review on newly discovered facts, cancelled all previous determinations and resolutions of the Supreme Arbitration Court of the Kyrgyz Republic and directed case for consideration on the merits to Arbitration Court of the city of Bishkek.

The Arbitration Court of the city of Bishkek the decision of May 22, 1998 collected from Kyrgyzenergo joint-stock company for benefit of joint commercial Industrial Construction Bank of the Kyrgyz Republic of 30 million 603 thousand som, exempted Naryngidroenergostroy joint-stock company from liability. This judgment is left by the resolution of appellate instance of Arbitration Court of the city of Bishkek of June 23, 1998 without change. On July 6, 1998 the Kyrgyzenergo joint-stock company appealed to the Supreme Arbitration Court of the Kyrgyz Republic with the claim according to the procedure of supervision. Determination of the judge of the Supreme Arbitration Court of the Kyrgyz Republic Bekishov D., of July 20, 1998, 14 days later after submission of the supervising claim, in defiance of Item 1 of Article 153 of the Arbitral Procedure Code of the Kyrgyz Republic, accepts to production the claim of Kyrgyzenergo joint-stock company about review of the decision of May 22, 1998 and the resolution of appellate instance of June 23, 1998 of Arbitration Court of the city of Bishkek. It, determination of July 21, 1998, based on item 4 of Article 153 of the Arbitral Procedure Code of the Kyrgyz Republic suspended execution appealed decisions and resolutions of Arbitration Court of the city of Bishkek.

In judicial session the chairman of the board of joint commercial Industrial Construction Bank of the Kyrgyz Republic Mukashev M. O. and the representative of this bank Sadykov N. B., having completely supported the petition, ask it to satisfy.

Representative of the Supreme Arbitration Court of the Kyrgyz Republic Tyurin V. I., objecting to the petition, asks to leave it without satisfaction, and the constitutional legal proceedings - to stop.

Representative of General Court of Jogorku Kenesh of the Kyrgyz Republic Ziyatdinov B. K., having partially agreed with petition arguments, asks to meet requirements about recognition unconstitutional and inappropriate to Item 3 of article 84 of the Constitution of the Kyrgyz Republic of item 4 of Article 153 of the Arbitral Procedure Code of the Kyrgyz Republic.

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

By materials of arbitration case it is determined that the credit agreement according to which the National commercial Industrial Construction Bank of the Kyrgyz Republic provided to management of construction Naryngidroenergostroy long-term loan in the amount of 40 million rubles and short-term loans in the amount of 12 million 500 thousand som according to credit agreements of April 29 and on July 6, 1993 on financing of "turnkey" construction for the purpose of ensuring commissioning in 1994-1999 of start-up complex of Kambaratinsky and Shamalduu-Saysky hydroelectric power station was signed on October 1, 1991.

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