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NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of December 25, 1998

According to petitions of Presidium of Council of veterans of war, work and Armed forces of the Kyrgyz Republic and the pensioners working in Kyrgyzsuudolboor public joint stock company, to representations of the Government of the Kyrgyz Republic and deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Pronenko Alevtina Pavlovna and Cholponbayev Mukar Shaltakovich about recognition unconstitutional and inappropriate to Item 1 of Article 4, to Item 3 of Article 15, to Item 1 of Article 17, to Items 1 and 2 of Article 19, to Item 3 of Article 26, to Items 1 and 2 of Article 27, to Article 37 and Item 3 of article 65 of the Constitution of the Kyrgyz Republic of individual clauses of the Law of the Kyrgyz Republic "About the national pension social insurance" with changes and additions made by the Law of June 25, 1998 and the Law of September 12, 1998 on modification and amendments to the Law of the Kyrgyz Republic "About the national pension social insurance"

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 vice-chairman of the Constitutional court of the Kyrgyz Republic Sutalinov A. A., performances: Chairman of Presidium of Council of veterans of war, work and Armed forces of the Kyrgyz Republic Usenbekov K. U., the representative of the pensioners working in Kyrgyzsuudolboor public joint stock company of Kurkova G. S., representatives of the Government of the Kyrgyz Republic of Beyshenaliyeva N. N. and Uchkempirova R. M., deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Pronenko A. P. and Cholponbayev M. Sh., representative of General Court of Jogorku Kenesh of the Kyrgyz Republic Mukhamedzhanov A. Zh. and having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic on September 8 and on October 30, 1998 petitions of Presidium of Council of veterans of war, work and Armed forces of the Kyrgyz Republic for recognition unconstitutional and unliable to application of Item 8 of the Law of the Kyrgyz Republic of June 25, 1998 "About modification and amendments in the Law of the Kyrgyz Republic" About the national pension social insurance" and Item 5 of the Law of the Kyrgyz Republic of September 12, 1998 "About introduction of amendments to the Law of the Kyrgyz Republic "About the national pension social insurance" as inappropriate to Item 1 of Article 4, to Item 1 of Article 17, to Items 1 and 2 of Article 19, to Items 1 and 2 of article 27 of the Constitution of the Kyrgyz Republic arrived. The specified requirements are proved by the fact that the changes made by the above-named laws in edition of article 28 of the Law of the Kyrgyz Republic "About the national pension social insurance", providing payment to the working pensioners only of 50 percent of pension, violate constitutional rights of pensioners - citizens of the Kyrgyz Republic on property and its immunity which the earned pension is, and also - on complete state provision of pensions, stipulated in Item 1 Articles 4, Item 1 and 2 of article 19 of the Constitution of the Kyrgyz Republic and contradict Item 1 of Article 17 and Items 1 and 2 of article 27 of the Constitution of the Kyrgyz Republic.

The pensioners working in Kyrgyzsuudolboor public joint stock company in the petitions of September 8 on October 30 and on December 17, 1998 consider that article 28 of the Law of the Kyrgyz Republic "About the national pension social insurance" with changes and additions made by the Laws of the Kyrgyz Republic of June 25, 1998 and of September 12, 1998, having limited pension payment to the working pensioners for 50 percent, violates their constitutional rights on the private property and its immunity provided by Items 1 and 2 of article 19 of the Constitution of the Kyrgyz Republic and contradicts Item 1 of article 17 of the Constitution of the Kyrgyz Republic which provides that, in the Kyrgyz Republic the laws canceling or diminishing human rights and freedoms shall not be issued.

The government of the Kyrgyz Republic in representation of October 21, 1998 asks to recognize unconstitutional the Law of the Kyrgyz Republic "About introduction of amendments to the Law of the Kyrgyz Republic "About the national pension social insurance" of September 12, 1998 as contradicting Item 1 of Article 27 and Item 3 of article 65 of the Constitution of the Kyrgyz Republic. It refers to the fact that in case of adoption of law the regulation, stipulated in Item 3 articles 65 of the Constitution of the Kyrgyz Republic according to which amendments to the laws providing reducing the income or increase in expenses of the state can be accepted only in the presence of the conclusion of the Government of the Kyrgyz Republic was broken.

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