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NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of July 19, 1999

According to the petition of public joint stock company "Bishkekkurulush production civil engineering firm about recognition to unconstitutional and inappropriate Article 12, 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 the resolution of judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic of April 21, 1998 on case on the claim of public joint stock company "Bishkekkurulush production civil engineering firm to the International university of Kyrgyzstan about collection of the amount of 174290 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 Zh. Zh., Esenaliyeva K. E. and Esenkanova K. E;

Having heard the report of the judge Satybekov S. S., speech of representatives: public joint stock company "Bishkekkurulush production civil engineering firm of Rakhimshaikhov T. K. and Supreme Arbitration Court of the Kyrgyz Republic of Medetbekova Ch. A., having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic on March 30 and on July 16, 1999 the petition of public joint stock company "Bishkekkurulush production civil engineering firm about recognition to unconstitutional and inappropriate Article 12, 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 the resolution of judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic of April 21, 1998 on case on the claim of public joint stock company "Bishkekkurulush production civil engineering firm to the International university of Kyrgyzstan about collection of the amount of 174290 som arrived.

In judicial session the representative of public joint stock company "Bishkekkurulush production civil engineering firm Rakhimshaikhov T. K., having supported the petition, asks it to satisfy.

Representative of the Supreme Arbitration Court of the Kyrgyz Republic Medetbekova Ch. A., objecting to the petition, asks to leave it without satisfaction, and to stop the constitutional legal 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 by the decision of Arbitration Court of the city of Bishkek of October 3, 1997 the claim of public joint stock company "Bishkekkurulush production civil engineering firm to the International university of Kyrgyzstan about damages recovery and penalties the amount of 174290 som it is refused.

The resolution of appellate instance of Arbitration Court of the city of Bishkek of February 5, 1998, the specified decision is left without change, and the petition for appeal of public joint stock company "Bishkekkurulush production civil engineering firm - without satisfaction.

Judge of the Supreme Arbitration Court of the Kyrgyz Republic Rybalkina A. D., determination of April 1, 1998, "The Bishkekkurulush production civil engineering firm about review of the decision and resolution in this claim accepted the statement of public joint stock company to production and appointed case to trial in judicial session to April 21, 1998.

The judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic including the presiding Maksimbekova D. I., judges - Akmatov B. D. and Rybalkina A. D., the resolution of April 21, 1998, left without change the decision of Arbitration Court of the city of Bishkek of October 3, 1997 and the resolution of appellate instance on check of legality and justification of the decision of Arbitration Court, not taken legal effect of February 5, 1998 in the claim of JSC Bishkekkurulush Production Civil Engineering Firm to the International university of Kyrgyzstan about collection of the amount of 174290 som, and the statement of JSC Bishkekkurulush Production Civil Engineering Firm - without satisfaction.

As according to Item 3 of article 84 of the Constitution of the Kyrgyz Republic the Supreme Arbitration Court of the Kyrgyz Republic exercises supervision of judicial activities of Arbitration Courts of areas and the city of Bishkek, the Constitutional court of the Kyrgyz Republic considers that the judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic has no right to perform supervising functions. Especially, according to Items 1 and 2 of article 79 of the Constitution of the Kyrgyz Republic providing that justice is performed only by court, and courts of the Kyrgyz Republic the Constitutional court of the Kyrgyz Republic, the Supreme Court of the Kyrgyz Republic, the Supreme Arbitration Court of the Kyrgyz Republic and local courts (courts of areas, the city of Bishkek, areas, cities, Arbitration Courts of areas and the city of Bishkek, military courts) are. Creation and organization of emergency, special courts and positions of judges is not allowed.

Under the specified circumstances, including the law-enforcement practice established by the resolution of judicial structure of supervising instance of the Supreme Arbitration Court of the Kyrgyz Republic of February 5, 1998 in the claim of public joint stock company "Bishkekkurulush production civil engineering firm to the International university of Kyrgyzstan about damages recovery and penalties in the amount of 174290 som the unconstitutional and contradicting Items 1, 2 Articles 79 and to Item 3 of article 84 of the Constitution of the Kyrgyz Republic, being guided by the subitem 8 of Item 3 of article 82 of the Constitution of the Kyrgyz Republic, articles 13 and 14 of the Law "About the Constitutional Court of the Kyrgyz Republic", articles 10, of 11, of 13, of 14, of 24, of 25, 29 and 30 Laws "About the Constitutional Legal Proceedings of the Kyrgyz Republic", the Constitutional court of the Kyrgyz Republic

DECIDED:

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