Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of November 25, 1998

According to the petition of Kyrgyzenergo joint-stock company for cancellation of the resolution of August 20, 1997 No. 18/1 "About creation of the Jalal-Abadenergo company and the resolution of August 20, 1997 No. 18/2 "About transfer to concession of Tash-Kumyrsky and Shamalduu-Saysky hydroelectric power stations" extraordinary XVIII session of the Jalal-Abad regional Kenesh of the People's Deputies contradicting Items 1, of 2, 4 Articles 4, to Item 2 of Article 19, to Item 2 of Article 92 and article 95 of the Constitution of the Kyrgyz Republic

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. and Esenaliyeva K. E.,

Having heard the report of the judge Esenaliyev K. E., speeches of representatives: from Kyrgyzenergo joint-stock company - Sartkaziyeva B. E., Duyshenaliyeva N. S., from the Jalal-Abad regional Keneshakozhoakmatov E. and having researched case papers, the Constitutional court of the Kyrgyz Republic of USTANOVIL:

In the Constitutional court of the Kyrgyz Republic the petition of Kyrgyzenergo joint-stock company for cancellation of the resolution of August 20, 1997 No. 18/1 "About creation of the Jalal-Abadenergo company and the resolution of August 20, 1997 No. 18/2 "About transfer to concession of Tash-Kumyrsky and Shamalduu-Saysky hydroelectric power stations" extraordinary XVIII session of the Jalal-Abad regional Kenesh of the People's Deputies contradicting Items 1, of 2, 4 Articles 4, to Item 2 of Article 19, to Item 2 of Article 92 and article 95 of the Constitution of the Kyrgyz Republic on September 18, 1998 arrived.

The Kyrgyzenergo joint-stock company brings the following arguments into reasons for the requirements. To dispose of the property belonging to Kyrgyzenergo joint-stock company the shareholders having the right only. The Jalal-Abad regional Kenesh of People's Deputies, being local government body, having accepted the above-stated resolution on the solution of the question which is not relating to its maintaining roughly violated the constitutional right of Kyrgyzenergo joint-stock company on property guaranteed by Items 1, of 2, 4 Articles 4, Item 2 of article 19 of the Constitution of the Kyrgyz Republic. According to Item 2 of article 92 of the Constitution of the Kyrgyz Republic local government bodies can have municipal property in the ownership, use and the order. The Jalal-Abad company of power supply networks, the cascade of the Toktogul hydroelectric power stations, the companies of hydroelectric power stations under construction are not included into municipal property as the state holds controlling stock of Kyrgyzenergo joint-stock company. The Jalal-Abad regional Kenesh, having gone beyond the powers, having violated Item 4 of article 95 of the Constitution of the Kyrgyz Republic accepted the specified resolutions.

In judicial session representatives of Kyrgyzenergo joint-stock company Sartkaziyev B. E., Duyshenaliyeva N. R., having supported the petition, ask it to satisfy.

The representative of the Jalal-Abad regional Kenesh Kozhoakmatov E., without having agreed with the petition, asks to leave it without satisfaction, having stopped legal proceedings.

Constitutional court of the Kyrgyz Republic, having discussed arguments of the parties and having researched case papers, considers the petition of Kyrgyzenergo joint-stock company subject to satisfaction on the following bases.

Based on the provided materials it is determined that the Jalal-Abad company of power supply networks, the cascade of the Toktogul hydroelectric power stations, again under construction Tash-Kumyrsky, Shamalduu-Saysky hydroelectric power stations are property of Kyrgyzenergo joint-stock company and the controlling stock is in ownership of the state.

Despite requirements of the Items 1, 4, article 4 of the Constitution of the Kyrgyz Republic providing that the Kyrgyz Republic guarantees variety of patterns of ownership and their legal protection and protects the property right to property of the citizens and legal entities, besides, violating stipulated in Item 2 articles 19 of the Constitution of the Kyrgyz Republic of guarantee that nobody can be randomly dispossessed by the and its withdrawal without volition of the owner it is allowed by a court decision, the Jalal-Abad regional Kenesh of People's Deputies the specified resolutions passed to the order with state-owned property.

It is determined that these resolutions contradict Item 4 of article 95 of the Constitution of the Kyrgyz Republic granting to local keneshes the right to adopt obligatory for execution in their territory acts within the powers.

Full text available with active License only!

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

Effectively work with search system

Database include more 38000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.