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NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of February 2, 1998

According to the petition of Ak-Kuu joint-stock company for recognition of article 84 of the Constitution of the Kyrgyz Republic of law-enforcement practice of the Supreme Arbitration Court of the Kyrgyz Republic unconstitutional and inappropriate to Item 3 established by the decision of the Supreme Arbitration Court of the Kyrgyz Republic of October 24, 1996 in the claim of JSC-Kuu to Umayra limited liability company about eviction from the non-residential premise

Constitutional court of the Kyrgyz Republic as a part of the Chairman Bayekova Ch. T., vice-chairman Sutalinov A. A., judges: Dryzhaka P. N., Osmonova K.E., Satybekov S. S., Togoybayev Zh. Zh., Esenaliyeva K. E. and Esenkanova K. E.,

with participation of the court session secretary Kurbanbayev Zh.,

Having heard the report of the judge Esenkanov K. E., speeches of representatives of JSC-Kuu Asanbekova S. S. and Enikeev I. A., representatives of the Supreme Arbitration Court of the Kyrgyz Republic of Tyurin V. I. and Medetbekova Ch. A., having researched case papers, the Constitutional court of the Kyrgyz Republic

established:

The Ak-Kuu joint-stock company with the petition for recognition of article 84 of the Constitution of the Kyrgyz Republic of law-enforcement practice of the Supreme Arbitration Court of the Kyrgyz Republic unconstitutional and inappropriate to Item 3 established by the decision of the Supreme Arbitration Court of the Kyrgyz Republic of October 24, 1996 in the claim of JSC-Kuu to OSOO "Umayra" about eviction from the non-residential premise appealed on October 22, 1997 to the Constitutional court of the Kyrgyz Republic.

In judicial session representatives of JSC-Kuu Asanbekova S. S. and Enikeev I. A., having supported the petition, ask it to satisfy.

Representatives of the Supreme Arbitration Court of the Kyrgyz Republic Tyurin V. I. and Medetbekova Ch. A., without having agreed with the petition, ask to leave it without satisfaction, having stopped the constitutional legal proceedings.

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

Apparently from the provided materials, the claim of JSC-Kuu to OSOO "Umayra" about eviction from the non-residential premise was accepted by the Supreme Arbitration Court of the Kyrgyz Republic as Trial Court and is refused by the decision of October 24, 1996 its satisfaction.

The resolution of cassation instance of the Supreme Arbitration Court of the Kyrgyz Republic of December 11, 1996 according to the claim of JSC-Kuu the specified judgment cancels and makes the new decision on satisfaction of claims of JSC-Kuu with collection from the account of operation of OSOO "Umayra" for benefit of JSC-Kuu of the national duty in the amount of 1105 som, with issue of writ of execution.

Having accepted and having considered on the first instance the claim of JSC-Kuu to OSOO "Umayra" about eviction from the non-residential premise the Supreme Arbitration Court of the Kyrgyz Republic ignored the procedure of the dispute resolution, arising between business entities in the economic sphere, established by the Arbitral Procedure Code of the Kyrgyz Republic. Thereby violation of Item 4 of article 79 of the Constitution of the Kyrgyz Republic obliging courts to submit only to the Constitution and the law is allowed.

The Supreme Arbitration Court of the Kyrgyz Republic consideration of the claim of JSC-Kuu to OSOO "Umayra" about eviction from the non-residential premise and decision making of October 24, 1996 according to the procedure, unforeseen the Arbitral Procedure Code of the Kyrgyz Republic violated the constitutional right on protection of Ak-Kuu joint-stock company guaranteed by article 88 of the Constitution of the Kyrgyz Republic.

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