NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of December 5, 1997

According to the petition of the president of private company Joint Stock Company to Kema Sarymsakova R. A. and to idea of the deputy Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic of Sydykov Sh. M. of recognition unconstitutional and inappropriate to the Items 1,2 and 3 Articles 79, to Articles 80, 81, 82, 83, 84, 85 and 90 Constitutions of the Kyrgyz Republic of article 13 of the Law "About Commerce and Industry Chamber of the Kyrgyz Republic"

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

with participation of the court session secretary Kasymaliyev A. N., parties: the president of JSC-Keme Sarymsakova Ruslana private company Adykanovich, his representative and the representative deputy Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic Sydykov Sh. M. - Chilnikina Tatyana Ivanovna who is acting on the basis of the powers of attorney of September 22, 1997, the signed president of Ak-Keme private company Sarymsakov R. A. and of November 13, 1997, the signed deputy Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic of Sydykovym Sh. M. and the representative of General Court of Jogorku Kenesh of the Kyrgyz Republic Chebotova Natalya Viktorovna who is acting on the basis of the power of attorney of October 23, 1997, signed Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic

Having heard the report of the judge Dryzhak P. N., speech of the president of JSC-Keme Sarymsakova R. A private company., his representative and the representative - the deputy Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic Sydykova of Sh.M.Chilnikina T. I., the representative of General Court of Jogorku Kenesh of the Kyrgyz Republic - Chebotova N. V., the testimony of the witness Perfilyev B. V. and having researched case papers, the Constitutional court of the Kyrgyz Republic,

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic the petition of the president of JSC-Keme Sarymsakova R. A private company arrived on September 19 and 30, 1997. about recognition unconstitutional and inappropriate to the Items 1,2 and 3 Articles 79, to Articles 80, 81, 82, 83, 84, 85 and 90 Constitutions of the Kyrgyz Republic of article 13 of the Law "About Chamber of Commerce and Industry of the Kyrgyz Republic".

On October 2, 1997 in the Constitutional court of the Kyrgyz Republic idea of the deputy Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic of Sydykov Sh. M. of recognition unconstitutional and inappropriate to the Items 1,2 and 3 Articles 79, to Articles 80, of 81, of 82, of 83, of 84, 85 and 90 Constitutions of the Kyrgyz Republic of article 13 of the Law "About Chamber of Commerce and Industry of the Kyrgyz Republic" arrived. In reasons for the requirements the president of Ak-Keme private company and the deputy Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic refer to the fact that article 13 of the Law "About Chamber of Commerce and Industry of the Kyrgyz Republic", contradicts article 79 of the Constitution of the Kyrgyz Republic according to which justice in the Kyrgyz Republic is performed only by court. In the exhaustive list of courts specified in Item 2 of this Article reference Arbitration Court under Chamber of Commerce and Industry it is not included, creation and organization of emergency, special courts and positions of judges is not allowed. Besides, in defiance of Item 3 of article 79 of the Constitution of the Kyrgyz Republic the organization and procedure for activities of this reference Arbitration Court it is determined by the Provision and the Regulations approved by Presidium of Chamber of Commerce and Industry which also contradict the Constitution.

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