Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

DETERMINATION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of February 17, 1998

According to the petition of the collective company "Obuvshchik" 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 resolution of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic of May 7, 1997 in the claim of the collective company "Obuvshchik" to Maksat joint stock bank about recognition invalid the purchase and sale agreement of the non-residential premise

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

with participation of the court session secretary Alymkulov M.,

parties: representatives of the collective company "Obuvshchik", the director of this company Sultankulov Alymkul and Dzheenbekov Babyrbek Subanovich who is acting on the basis of the power of attorney of December 25, 1997, the signed director of the collective company "Obuvshchik", the representative of the Supreme Arbitration Court of the Kyrgyz Republic, Tyurin Vladimir Ivanovich, the head of department of the analysis and generalization of court practice of the office of the Supreme Arbitration Court of the Kyrgyz Republic which is acting on the basis of the power of attorney of December 25, 1997, the signed Chairman of the Supreme Arbitration Court of the Kyrgyz Republic

established:

The collective company "Obuvshchik" 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 resolution of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic of May 7, 1997 in the claim of the collective company "Obuvshchik" to Maksat joint stock bank about recognition invalid the purchase and sale agreement of the non-residential premise appealed on November 28, 1997 to the Constitutional court of the Kyrgyz Republic.

The collective company "Obuvshchik" brings the following arguments into reasons for the petition. The decision of the Supreme Arbitration Court of the Kyrgyz Republic of March 19, 1997, the purchase and sale agreement of the non-residential premise, at the address: Bishkek, Ulitsa Togolok Moldo 70a, on August 28, 1996, concluded between Maksat joint stock bank and the collective company "Obuvshchik", is nullified. From the account of operation of Maksat joint stock bank, for benefit of the collective company "Obuvshchik" 130000 US dollars of principal debt, and also court costs in the amount of 1535 som are exacted.

The resolution of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic of May 7, 1997, the specified decision is cancelled and to Maksat joint stock bank about recognition invalid the purchase and sale agreement of the non-residential premise of August 18, 1996 is refused the claim of the collective company "Obuvshchik".

This resolution allows gross violation of requirements of Item 3 of article 84 of the Constitution of the Kyrgyz Republic according to which the Supreme Arbitration Court of the Kyrgyz Republic is authorized to exercise supervision of judicial activities of Arbitration Courts of areas and the city of Bishkek, that is had no legal causes for review of own decisions according to the procedure of check of their legality and justification.

Constitutional court of the Kyrgyz Republic, in judicial session, during clarification of powers of the collective company "Obuvshchik" which addressed with the petition concerning constitutionality of law-enforcement practice of the Supreme Arbitration Court of the Kyrgyz Republic, the director of this company Sultankulov A. as documents of title of the legal entity the "Shoemaker" approved by the decision of general meeting of labor collective based on the protocol No. 1 of June 9, 1993, registered by the resolution of administration of the May Day area No. 1252 of July 23, 1993 and approved with the state tax authorities of the May Day district of the city of Bishkek on July 7, 1993 and the certificate on the property right granted to the collective company "Obuvshchik" by the State Committee of the Republic Kyrgyzstan on management of state-owned property and support of entrepreneurship on October 28, 1993 behind registration No. 0418 provided the charter of the company of ownership in common.

Sultankulov A. explained that he cannot submit to court documents on re-registration of the collective company "Obuvshchik" according to requirements of articles 18 and 21 of the Law of the Kyrgyz Republic "About state registration of legal entities", enacted since January 1, 1997 as such re-registration did not take place.

This circumstance is confirmed by the letter of the Ministry of Justice of the Kyrgyz Republic No. 19-2-98 of February 16, 1998.

According to Item 8 of article 14 of the Law "About the Constitutional Legal Proceedings of the Kyrgyz Republic" the right to the address to the Constitutional court of the Kyrgyz Republic belongs to legal entities on the questions which are directly affecting their constitutional rights if they are not subordinated to other courts.

Considering absence at the collective company "Obuvshchik" of the documents confirming in the procedure established by the law his legal capacity as the legal entity, the Constitutional court of the Kyrgyz Republic considers that it is not subject of the address to the Constitutional court of the Kyrgyz Republic.

Based on stated and being guided by Item 8 of article 14 of the Law "About the Constitutional Legal Proceedings of the Kyrgyz Republic", the Constitutional court of the Kyrgyz Republic

determined:

1. Stop the constitutional legal proceedings according to the petition of the collective company "Obuvshchik" 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 resolution of appellate instance of the Supreme Arbitration Court of May 7, 1997 in the claim of the collective company "Obuvshchik" to Maksat joint stock bank about recognition invalid the purchase and sale agreement of the non-residential premise.

2. This determination is not subject to appeal.

 

Chairman of the Constitutional court

Kyrgyz Republic

 

Ch. Bayekova

Secretary of the Constitutional court

Kyrgyz Republic

 

A. Kenensariyev

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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