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NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of July 12, 1999

According to the petition of Tattuu joint-stock company for recognition to unconstitutional and inappropriate Article 4, to Item 2 of Article 7, to Item 2 of Article 16, to Items 1 and 2 of Article 19, to Articles 38 and 79, to Items 2 and 3 of Article 84 and article 88 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 November 6, 1998 on case on the claim of the prosecutor of Chuy Region for the benefit of the state joint-stock company "Kaindy-Kant" to Tattuu joint-stock company about collection of receivables in the amount 3580144 som of 30 tyyyn

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 Zh. Zh., Esenaliyeva K. E. and Esenkanova K. E.,

with participation of the court session secretary Zhetigen of kyza Aynur,

Having heard the report of the vice-chairman of the Constitutional court of the Kyrgyz Republic Sutalinov A. A., speeches of the chairman of the board of Tattuu joint-stock company Verkhovskaya G. G. and representative of the Supreme Arbitration Court of the Kyrgyz Republic Tyurin V. I., having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

On May 11, 1999 in the Constitutional court of the Kyrgyz Republic the petition of Tattuu joint-stock company for recognition to unconstitutional and inappropriate Article 4, to Item 2 of Article 7, to Item 2 of Article 16, to Items 1 and 2 of Article 19, to Articles 38 and 79, to Items 2 and 3 of Article 84 and article 88 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 November 6, 1998 on case on the claim of the prosecutor of Chuy Region for the benefit of the state joint-stock company "Kaindy-Kant" to Tattuu joint-stock company about collection of receivables in the amount 3580144 som of 30 tyyyn arrived.

In judicial session the chairman of the board of Tattuu joint-stock company Verkhovskaya G. G., having supported the petition, asks it to satisfy.

Representative of the Supreme Arbitration Court of the Kyrgyz Republic Tyurin V. I., without having agreed with the petition, asks to refuse its satisfaction, and to stop the constitutional legal proceedings because the solution of the Constitutional court of the Kyrgyz Republic of January 29, 1999 Article 148 of the Arbitral Procedure Code of the Kyrgyz Republic is already recognized as unconstitutional.

According to part 4 of article 22 of the Law "About the Constitutional Legal Proceedings of the Kyrgyz Republic" cancellation or loss of force of the act which constitutionality is disputed involves refusal in initiation of the constitutional legal proceedings or the termination of the constitutional legal proceedings on the initiated proceedings.

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 claim of the prosecutor of Chuy Region for the benefit of the state joint-stock company "Kaindy-Kant" is satisfied with the decision of Arbitration Court of the city of Bishkek of July 29, 1998 partially. Regarding collection of principal debt under the agreement No. 239 of December 30, 1997 in the amount of 2026846 som the claim is satisfied. Regarding debt collection from Tattuu joint-stock company under the agreement No. 277 of December 30, 1997 and collection of the amount of penalty in the amount of 1558297 som under the agreement No. 239 of October 31, 1997 it is refused. 93 tyyyna of the national duty and 25 som postage expenses are collected from the settlement account of Tattuu joint-stock company for benefit of the state joint-stock company "Kaindy-Kant" 2026846 catfishes of 96 tyyyn of principal debt and 50536 som.

The resolution of appellate instance of Arbitration Court of the city of Bishkek of September 7, 1998, the decision of Arbitration Court of the city of Bishkek of July 29, 1998 is left without change, and the petition for appeal of the prosecutor of Chuy Region - without satisfaction.

According to the statement of the prosecutor of Chuy Region for review of the specified court decrees, the order of October 14, 1998, the Chairman of the Supreme Arbitration Court of the Kyrgyz Republic created judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic as a part of the chairman Bazarkulov K. K., Amanaliyev B. K. judges. and Bekishov D. B. who the resolution of November 6, 1998, being guided by Article 148 of the Arbitral Procedure Code of the Kyrgyz Republic, left the resolution of appellate instance of Arbitration Court of the city of Bishkek of September 7, 1998 on case on the claim of the prosecutor of Chuy Region for the benefit of the state joint-stock company "Kaindy-Kant" to Tattuu joint-stock company without change, and the statement of the prosecutor of Chuy Region - without satisfaction.

The constitutional court of the Kyrgyz Republic, earlier, the decision of January 29, 1998 recognized Article 148 of the Arbitral Procedure Code of the Kyrgyz Republic to unconstitutional and inappropriate Article 79 and Item 3 of article 84 of the Constitution of the Kyrgyz Republic and cancelled its action.

Therefore, are unconstitutional as the judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic which accepted on case the resolution of November 6, 1998 and the law-enforcement practice established by this resolution in defiance of requirements of Items 1, 2 Article 79 and Item 3 of article 84 of the Constitution of the Kyrgyz Republic.

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