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NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of May 6, 1999

According to the petition of National Bank of the Kyrgyz Republic for recognition of Article unconstitutional and inappropriate to Item 2 7, to Item 3 of Article 15, to Items 3 and 4 of Article 79, to Item 3 of Article 84, to Item 2 of Article 88 and article 90 of the Constitution of the Kyrgyz Republic of the law-enforcement practice established by the resolution of judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic of October 29, 1998 on case on the claim of Khan Tengri joint-stock company to National Bank of the Kyrgyz Republic about collection of the amount of 1531020 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 J. Dzh., Esenaliyeva K. E. and Esenkanova K. E.,

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

Having heard the report of the judge Esenaliyev K. E., speeches of representatives of National Bank of the Kyrgyz Republic of Omorov Zh. D. and Chilnikina T. I., 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 National Bank of the Kyrgyz Republic for recognition of Article unconstitutional and inappropriate to Item 2 7, to Item 3 of Article 15, to Items 3 and 4 of Article 79, to Item 3 of Article 84, to Item 2 of Article 88 and article 90 of the Constitution of the Kyrgyz Republic of the law-enforcement practice established by the resolution of judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic of October 29, 1998 on case on the claim of Khan Tengri joint-stock company to National Bank of the Kyrgyz Republic about collection of the amount of 1531020 som arrived on February 3, 1999.

The National Bank of the Kyrgyz Republic brings the following arguments into reasons for the requirements. By the decision of Arbitration Court of the city of Bishkek of June 16, 1998 it is collected from the settlement account of National Bank of the Kyrgyz Republic for benefit of Khan Tengri joint-stock company 1531020 catfishes of principal debt and 40645 som of the state fee. The decision of Arbitration Court of the city of Bishkek is left by the resolution of appellate instance of Arbitration Court of the city of Bishkek of August 17, 1998 without change.

The application of National Bank of the Kyrgyz Republic for review according to the procedure of supervision of the specified court resolutions of Arbitration Court of the city of Bishkek was considered not by the Supreme Arbitration Court of the Kyrgyz Republic which according to Item 3 of article 84 of the Constitution of the Kyrgyz Republic is granted the supervision implementation right, but judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic, than the procedure of administration of law is violated.

In judicial session representatives of National Bank Omorov Zh. D. and Chilnikina T. I., 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 the petition, asks to leave it without satisfaction and to stop proceeedings.

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.

From the provided materials it is visible that the Arbitration Court of the city of Bishkek satisfied the action for declaration of Khan Tengri joint-stock company to National Bank of the Kyrgyz Republic about collection of 1531020 som and 40645 som of the state fee with the decision of June 16, 1998. Collected from the settlement account of National Bank of the Kyrgyz Republic for benefit of Khan Tengri joint-stock company 1571665 catfishes.

The decision of Arbitration Court of the city of Bishkek of June 16, 1998 is left by the resolution of appellate instance of Arbitration Court of the city of Bishkek of August 17, 1998 without change, and the petition for appeal - without satisfaction.

The National Bank of the Kyrgyz Republic appealed to the Supreme Arbitration Court of the Kyrgyz Republic with the statement for review according to the procedure of supervision of the specified court decrees of Arbitration Court of the city of Bishkek. The chairman of the Supreme Arbitration Court of the Kyrgyz Republic for consideration of this statement in writing determined on September 24, 1998 judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic under the chairmanship of Alpiyeva A. N., Luchkov G. A. judges. and Rybalkina A. D.

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