NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of February 5, 1997

On representation of Toraga of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic Matubraimov A. M. about recognition of article 11 of the Law of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic" not the relevant Constitution of the Kyrgyz Republic

Constitutional court of the Kyrgyz Republic as a part of the presiding Bayekova Ch. T., judges: Dryzhaka P. N., Kenensariyeva Ampere-second., Osmonova K. E., Satybekova S. S., Togoybayev Zh. Zh., Esenaliyeva K. E. and Esenkanova K. E.,

with participation of the court session secretary Kasymaliyev A. N., translator Duyshenaliyeva E. S.,

parties: representatives of Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic of the deputy Toychubekov Yuruslan Zhumanovich, the deputy Dunlarov Shabar Maneevich and Kongantiyev Kambarala Tashpolotovich, the acting on the basis of the powers of attorney of December 30, 1996 and of February 3, 1997, signed Toraga of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic and representatives of Jogorku Kenesh of the Kyrgyz Republic and representatives of General Court of Jogorku Kenesh of the Kyrgyz Republic of the deputy Madumarov Adakham Kimsanbayevich and Sakembayev Meder Makeshevich, the acting on the basis of the powers of attorney of January 22, 1997, signed Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic,

based on article 11 of the Law of the Kyrgyz Republic "About the constitutional legal proceedings of the Kyrgyz Republic" in proceeding in open court considered idea of Toraga of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic Matubraimov Almanbet Matubraimovich of recognition of article 11 of the Law of the Kyrgyz Republic of June 5, 1996 "About regulatory legal acts of the Kyrgyz Republic" not the relevant Constitution of the Kyrgyz Republic.

Having heard the report of the judge Esenkanov K. E., speeches of representatives of Meeting of national representatives of Toychubekov Yu. Zh., Dunlarova Sh. M., Kongantiyev K. T. and representatives of General Court of Madumarov A. K. and Sakembayeva M. M., having researched collected materials, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

On January 5, 1997 in the Constitutional court of the Kyrgyz Republic idea of Toraga of the Meeting of national representatives Matubraimov A. M. of recognition of the inappropriate Constitution of the Kyrgyz Republic of article 11 of the Law of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic", determined concept of the term "constitutional law" as follows arrived:

"The constitutional law is the law regulating the legal basis of the state and the constitutional system".

According to article 59 of the Constitution of the Kyrgyz Republic, the constitutional laws the laws on change of borders of the republic and other laws provided by the Constitution of the Kyrgyz Republic adopted by both chambers of Jogorku Kenesh the majority at least two thirds of voices of total number of deputies of each of chambers are recognized.

In representation the question of recognition of article 11 of the Law of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic", not the relevant Constitution of the Kyrgyz Republic is put.

In judicial session representatives of Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic deputy Toychubekov Yu. Zh., deputy Dunlarov Sh. M. and Kongantiyev K. T., having supported representation, insisted on satisfaction of the requirement for the above-named motives declared in representation.

Constitutional court of the Kyrgyz Republic, having discussed arguments of representation, performance of the parties, having researched case papers finds representation of Toraga of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic subject to satisfaction on the following bases.

Item 1 of article 59 of the Constitution of the Kyrgyz Republic determines only the procedure of voting procedure as constitutional laws, laws on modification and amendments in the Constitution, the laws on interpretation of the Constitution and the constitutional laws, and the laws on change of borders of the republic, and in article 11 of the Law of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic" the constitutional law acknowledged also the law on change of borders of the republic that it does not correspond to the specified article of the Constitution.

Availability of the specified essential distinctions in gradation of the constitutional laws, laws on modification and amendments in the Constitution, the laws on change of borders of the republic, and the laws on interpretation of the Constitution and the constitutional laws remained out of attention of General Court of Jogorku Kenesh of the Kyrgyz Republic of June 5, 1996 "About regulatory legal acts of the Kyrgyz Republic" about what witnesses contents of article 11 of this Law.

General Court of Jogorku Kenesh of the Kyrgyz Republic regarding 1 article 11 of the Law of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic", trying to give definition to the concept "constitutional law", specified the signs characterizing general concept of the Law, but did not reflect distinctive features of the constitutional law.

Under the specified circumstances the Constitutional court of the Kyrgyz Republic considers that article 11 of the Law of the Kyrgyz Republic "About regulatory legal acts of the Kyrgyz Republic" does not correspond to the subitem 3 of Item 1 of Article 58 and Item 1 of article 59 of the Constitution of the Kyrgyz Republic and are subject to recognition of unconstitutional.

DECIDED:

1. Recognize article 11 of the Law of the Kyrgyz Republic of June 5, 1996 "About regulatory legal acts of the Kyrgyz Republic" Article 58 unconstitutional and inappropriate to the subitem 3 of Item 1 and to Item 1 of article 59 of the Constitution of the Kyrgyz Republic and to satisfy representation of Toraga of the Meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic.

2. The final decision, is not subject to appeal and it is obligatory to execution by all state bodies, officials and citizens.

3. The decision to publish in Sheets of Jogorku Kenesh of the Kyrgyz Republic and in the newspapers "Tuusu Kyrgyz", Slovo Kyrgyzstana, Erkin-LLP and "Our Newspaper".

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