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NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of December 22, 1995

On representation of the Chuya regional Kenesh of December 12, 1995 for No. 1/70 about recognition unconstitutional Resolutions of Jogorku Kenesh of the Kyrgyz Republic of November 21-22, 1995 for No. 35/1 "About holding referendum (national vote) on modification and amendments in the Constitution of the Kyrgyz Republic about single judicial authority" and of November 23, 1995 for No. 36/1 "About organizational and financial measures for holding referendum in the Kyrgyz Republic"

Constitutional court of the Kyrgyz Republic in structure:

Chairman Bayekova Ch. T., Dryzhak P. N. judges, Kenensariyeva Ampere-second., Osmonova K. E., Satybekova S. S., Togoybayev Zh. Zh., Esenaliyeva K.,

with participation: court session secretary Turdaliyev K. A., translator Samayeva P. O.,

representatives of the Chuya regional Kenesh: Asanov Yakov Semenovich, Oryol Boris Abramovich - deputies of the Chuya regional Kenesh, Maksimenko Sergey Grigoryevich - the head of department of the device of the Chuya regional Kenesh, Dzhayloyev Kanat of Asankadyrovich - the chief specialist of Justice department of Chuy Region, acting on the basis of the power of attorney N 1 of December 12, 1995, issued by the Chuya regional Kenesh,

representatives of General Court of Jogorku Kenesh of the Kyrgyz Republic: Cholponbayev Mukar Shaltakovich - Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic, Korkmazov Hadzhimurat Zulkarnayevich, Sabirov Alisher Akhmedovich, Kadyrbekov Ishenbaya of Dyuyshenbiyevich - deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic, Sakembayev Meder Makeshevich - the chief of the Center of comparative analysis of the office of General Court of Jogorku Kenesh, Ukushev Murat Kanimetovich - the manager of the sector of the office of General Court of Jogorku Kenesh, the acting on the basis of the powers of attorney N 1, 2, 3, 4, 5, issued by General Court of Jogorku Kenesh of the Kyrgyz Republic,

Sobraniya's representatives of national representatives of Jogorku Kenesh of the Kyrgyz Republic: Maryshev Anatoly Nikitovich - the deputy Toraga Sobraniya of national representatives of Jogorku Kenesh, Kulmurzayev Turgunbek Nasipovich, Asanaliyev of Ghana Bekboyevich - Sobraniya's deputies of national representatives of Jogorku Kenesh - the acting on the basis of the powers of attorney No. 1, 3, the national representatives of Jogorku Kenesh of the Kyrgyz Republic issued by the Meeting,

representatives of the Central commission on elections and holding referenda of the Kyrgyz Republic: The chairman - Abylov Mambetzhunus and the member of the commission - Sydykova Leyla Chynturganovna,

considered in proceeding in open court representation of the Chuya regional Kenesh of December 12, 1995 for No. 1/70 about recognition unconstitutional Resolutions of Jogorku Kenesh of the Kyrgyz Republic of November 21-22, 1995 for No. 35-1 "About holding referendum (national vote) on modification and amendments in the Constitution of the Kyrgyz Republic about single judicial authority" and of November 23, 1995 for No. 36/1 "About organizational and financial measures for holding referendum in the Kyrgyz Republic".

Having heard the report of the judge A. S. Kenensariyev, explanation of agents of the parties - the Chuya regional Kenesh, General Court of Jogorku Kenesh of the Kyrgyz Republic, the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic, Central Election Commission at elections and holding referenda, having researched the provided materials, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

On December 12, 1995 in the Constitutional court of the Kyrgyz Republic representation for No. 1/70 of December 12, 1995 of the Chuya regional Kenesh about recognition unconstitutional Resolutions of Jogorku Kenesh of the Kyrgyz Republic of November 21-22, 1995 for No. 35/1 "About holding referendum (national vote) on modification and amendments in the Constitution of the Kyrgyz Republic about single judicial authority" and of November 23, 1995 for No. 36/1 "About organizational and financial measures for holding referendum in the Kyrgyz Republic" arrived.

1) regional and Bishkek city the commissions of referendum are formed respectively regional and Bishkek city by Keneshes from among the citizens pushed "by the regional, district and city public, social and political organizations and grass-roots movements, and also general meetings of labor collectives, their councils, bodies of territorial and public self-government of the population, meetings of citizens at the place of residence";

2) precinct election commissions of referendum are formed by district and city keneshes from among the candidates proposed "... district, city bodies of the public, social and political organizations and grass-roots movements, and also located in the territory of sites for vote by their primary organizations, general meetings of labor collectives, their councils, bodies of territorial and local self-government, meetings of citizens at the place of residence".

The called resolution of Jogorku Kenesh violates these requirements of the Law, moreover, Item 1 of the Resolution of Jogorku Kenesh of the Kyrgyz Republic of November 23, 1995 for No. 36-1 "About organizational and financial measures for holding referendum" contains the instruction in the Kyrgyz Republic to the Central Electoral Commission "make the organization and holding referendum (national vote) with use district and the precinct election commissions formed for election of the president of the Kyrgyz Republic". The principles of education district and precinct election commissions on election of the president of the Kyrgyz Republic have absolutely other legal basis and participations of local keneshes in this process do not provide (article 13 of the Law of the Republic Kyrgyzstan "About election of the president of the Republic Kyrgyzstan", the Art. of Art. 17-20 of the Law of the Kyrgyz Republic "About elections of deputies of Jogorku Kenesh of the Kyrgyz Republic".)

Thus, the Chuya regional Kenesh considers:

1. The Jogorku Kenesh the above-stated resolutions having normative, but at the same time subordinate nature in defiance of the constitutional requirement about inadmissibility of substitution of local self-government by the government, was deprived by the Chuya regional Kenesh, and also local keneshes of Chuy Region of the right to forming protected by the Constitution Chuya regional and precinct election commissions of referendum, having transferred this right to the Central Electoral Commission - body of the state (republican) power and the district commissions on election of the president of the Kyrgyz Republic formed by it and by that roughly violated requirements of articles 19-23, 25-26, 31-33 of the constitutional Law "About Referendum in the Republic Kyrgyzstan" and Item 5 of Article 1, of Item 1 of Article 7, of article 23 of the Constitution of the Kyrgyz Republic.

2. Jogorku Kenesh, having published the subordinate legislations contradicting it in defiance of the principle of rule of law, made unconstitutional law-enforcement decisions.

1. Recognize unconstitutional Resolutions of Jogorku Kenesh of the Kyrgyz Republic of November 21-22, 1995 for No. 35-1 "About holding referendum (national vote) on modification and amendments in the Constitution of the Kyrgyz Republic about single judicial authority" and of November 23, 1995 for No. 36/1 "About organizational and financial measures for holding referendum in the Kyrgyz Republic".

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