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NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of May 16, 1997

At the request of May Day district court of the city of Bishkek about constitutionality of the order of the Government of the Kyrgyz Republic No. 396 of August 21, 1996 "About procedure for capitalization of means and pension payments, benefits and compensations on labor mutilation to employees of the liquidated and reorganized companies and the organizations"

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

with participation of the court session secretary Abdyldayev M. K.,

the representative of the Government of the Kyrgyz Republic of the Chairman of Social Fund to the Government of the Kyrgyz Republic Uchkempirova Roza Mavletovna who is acting on the basis of the power of attorney of April 23, 1997, the signed Prime Minister of the Kyrgyz Republic

based on article 11 of the Law "About the Constitutional Legal Proceedings of the Kyrgyz Republic",

in proceeding in open court reviewed request of May Day district court of the city of Bishkek about constitutionality of the order of the Government of the Kyrgyz Republic N 396 of August 21, 1996 "About procedure for capitalization of means and pension payments, benefits and compensations on labor mutilation to employees of the liquidated and reorganized companies and the organizations".

Having heard the report of the judge Esenkanov K. E., speech of the representative of the Government of the Kyrgyz Republic Uchkempirova R. M. and having researched collected materials, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic the request of May Day district court of the city of Bishkek about constitutionality of the order of the Government of the Kyrgyz Republic N 396 of August 21, 1996 "About procedure for capitalization of means and pension payments, benefits and compensations on labor mutilation to employees of the liquidated and reorganized companies and the organizations" in connection with consideration in court of case on the claim of the citizen Berchin S. K. on March 19, 1997 arrived. to PTAF "Kyrgyzmebel" and Social fund under the Government of the Kyrgyz Republic.

The May Day district court Bishkek believes that there is discrepancy between the specified order of the Government of the Kyrgyz Republic and the Constitution of the Kyrgyz Republic, the Law of the Republic Kyrgyzstan of April 17, 1991 "About income indexation and population savings taking into account the change in price for consumer goods and services", the resolution of the Supreme Council of the Republic Kyrgyzstan of April 17, 1991 "About enforcement of the Law of the Kyrgyz Republic "About income indexation and population savings taking into account the change in price for consumer goods and services".

The question of constitutionality of the order of the Government of the Kyrgyz Republic N 396 of August 21, 1996 "About procedure for capitalization of means and pension payments, benefits and compensations on labor mutilation to employees of the liquidated and reorganized companies and the organizations" as the judgment depends on recognition by its constitutional is put.

In judicial session the representative of the Government of the Kyrgyz Republic Uchkempirova R. M. considers the order of the Government of the Kyrgyz Republic N 396 of August 21, 1996 "About procedure for capitalization of means and pension payments, benefits and compensations on labor mutilation to employees of the liquidated and reorganized companies and the organizations" unrepugnant Constitutions of the Kyrgyz Republic as compensations on compensation of damage from the sustained labor injuries at the companies entering the PESAC program are established in percentage terms from the smallest size of work pensions which are indexed and periodically raise.

Constitutional court of the Kyrgyz Republic, having discussed arguments of request, speech of the representative of the Government of the Kyrgyz Republic and having researched case papers came to the following conclusion.

Apparently from determination of January 31, 1997 the May Day district court doubts constitutionality of the order of the Government of the Kyrgyz Republic N 396 of August 21, 1996 "About procedure for capitalization of means and pension payments, benefits and compensations on labor mutilation to employees of the liquidated and reorganized companies and the organizations", proceeding from experimental testimony, established the minimum consumer budget for September, 1996 in the amount of 549 som of 79 tyyyn and makes inquiry in the Constitutional court of the Kyrgyz Republic about CONSTITUTIONALITY of this resolution.

From the action for declaration of Berchin S. K. it is visible that it applies for payment of the amount of indexation from 1991 for 1996, therefore, the court is not limited in dispute resolution opportunities within the declared requirements. According to the current legislation, the court has the right to consider at the same time that the Government of the Kyrgyz Republic the resolution N 396 of August 21, 1996 "About procedure for capitalization of means and pension payments, benefits and compensations on labor mutilation to employees of the liquidated and reorganized companies and the organizations" established compensations not in firm sizes, and in percentage terms from the smallest size of work pensions which are indexed constantly.

Except the arithmetic calculations proceeding from the size of the subsistence minimum established by experimental testimony in judicial session, initiated by court, convincing arguments about illegality of the order of the Government of the Kyrgyz republic are not given in request.

Under the specified circumstances the Constitutional court of the Kyrgyz Republic did not find reasons for satisfaction of request of May Day district court of the city of Bishkek about constitutionality of the order of the Government of the Kyrgyz Republic N 396 of August 21, 1996 "About procedure for capitalization of means and pension payments, benefits and compensations on labor mutilation to employees of the liquidated and reorganized companies and the organizations".

DECIDED:

1. Request of May Day district court of the city of Bishkek about constitutionality of the order of the Government of the Kyrgyz Republic No. 396 of August 21, 1996 "About procedure for capitalization of means and pension payments, benefits and compensations on labor mutilation to employees of the liquidated and reorganized companies and the organizations" to leave without satisfaction.

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, in the newspapers "Tuusu Kyrgyz", Slovo Kyrgyzstana, Erkin-LLP and "Our Newspaper".

 

Chairman of the Constitutional court

Kyrgyz Republic

 

Bayekova T. Ch.

Secretary of the Constitutional court

Kyrgyz Republic

 

Kenensariyev A. S.

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