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NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of May 11, 1999

According to the petition of limited liability company "Transnational concern "Vosst" about recognition of Article unconstitutional and inappropriate to Item 4 4, to Item 2 of Article 38, to Item 2 of Article 79 and article 83 of the Constitution of the Kyrgyz Republic of the law-enforcement practice established by determination of judicial board on civil cases of the Supreme Court of the Kyrgyz Republic of September 16, 1998 on case on the claim of the citizen Abdybekov M. to Sokuluksky MPMK and limited liability company "Transnational concern "Vosst" about recognition invalid the purchase and sale agreement of hydroelectric power station Sokuluk-2 of the March 3, 1997 concluded between joint-stock company Sokuluksky MPMK and limited liability company "Transnational concern "Vosst"

Constitutional court of the Kyrgyz Republic in structure: Chairman Bayekova Ch. T., vice-chairman Sutalinov A. A., Dryzhak P. N. judges, Kenensariyeva Ampere-second., Osmonova K. E., Satybekova S. S., Togoybayev Zh. Zh. and Esenaliyeva K. E.,

with participation of the court clerk Aydaraliyeva Zh.,

Having heard the report of the judge Esenaliyev K. E., speeches of representatives of limited liability company "Transnational concern "Vosst" of Hon V. P. and Chebitko VA., representative of the Supreme Court of the Kyrgyz Republic of the judge Gafurov A. A. and having researched case papers, the Constitutional court of the Kyrgyz Republic

Established:

In the Constitutional court of the Kyrgyz Republic the petition of limited liability company "Transnational concern "Vosst" about recognition of Article unconstitutional and inappropriate to Item 4 4, to Item 2 of Article 38, to Item 2 of Article 79 and article 83 of the Constitution of the Kyrgyz Republic of the law-enforcement practice established by determination of judicial board on civil cases of the Supreme Court of the Kyrgyz Republic of September 16, 1998 on case on the claim of the citizen Abdybekov M. to Sokuluksky MPMK and limited liability company "Transnational concern "Vosst" about recognition invalid the purchase and sale agreement of hydroelectric power station Sokuluk-2 of the March 3, 1997 concluded between joint-stock company Sokuluksky MPMK and limited liability company "Transnational concern "Vosst" arrived on January 15 and 22, 1999.

Limited liability company "The transnational concern "Vosst" brings the following arguments into reasons for the requirements. The law-enforcement practice established by determination of judicial board on civil cases of the Supreme Court of the Kyrgyz Republic of September 16, 1998 about leaving in force of the decision of Sokuluksky district court of July 16, 1997 and the supervising claim of limited liability company "Transnational concern "Vosst" - without satisfaction on case on the claim of the citizen Abdybekov M. to Sokuluksky MPMK and limited liability company "Transnational concern "Vosst" about recognition invalid the purchase and sale agreement of hydroelectric power station Sokuluk-2 of the March 3, 1997 concluded between joint-stock company Sokuluksky MPMK and limited liability company "Transnational concern "Vosst" violates its constitutional rights on the property and judicial protection guaranteed by Item 4 of Article 4 and Item 2 of article 38 of the Constitution of the Kyrgyz Republic.

According to Item 2 of article 83 of the Constitution of the Kyrgyz Republic supervision of judicial activities of local courts performs the Supreme Court of the Kyrgyz Republic, but not its judicial board as a part of three judges. Availability in structure of the Supreme Court of the Kyrgyz Republic of such body as judicial board contradicts Item 2 of article 79 of the Constitution of the Kyrgyz Republic.

In judicial session chairman of the board of directors of limited liability company "Transnational concern "Vosst" Hon V. P. and representative of this society Chebitko V. A., having supported the petition, ask it to satisfy.

Representative of the Supreme Court of the Kyrgyz Republic judge Gafurov A. A. agreed with petition arguments.

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