NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of December 17, 1997

According to the petition of Kyrgyzstan joint-stock commercial bank for recognition of Article unconstitutional and inappropriate to Item 2 7, to Item 3 of Article 15, to Item 3 of Article 79, to Item 3 of Article 84 and Item 2 of article 88 of the Constitution of the Kyrgyz Republic of the law-enforcement practice established by resolutions of plenum of the Supreme Arbitration Court of the Kyrgyz Republic of June 10, 1996 "About the questions connected with enforcement of the Arbitral Procedure Code of the Kyrgyz Republic" and of June 18, 1996 "About ensuring activities of Presidium of the Supreme Arbitration Court of the Kyrgyz Republic", the resolution of presidium of the Supreme Arbitration Court of the Kyrgyz Republic of April 1, 1997 and the decision of the Supreme Arbitration Court of the Kyrgyz Republic of June 10, 1997 in the claim of Zhalal-Abadsky main directorate of Kyrgyzstan joint-stock commercial bank to Ak-Pakhta joint-stock company about collection of the amount of 15000000 som

Constitutional court of the Kyrgyz Republic in structure: 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 Esenaliyeva K. E.,

with participation of the court session secretary Alymkulov M.,

Having heard the report of the judge Togoybayev Zh. Zh., speeches of representatives of Kyrgyzstan joint-stock commercial bank: Glazunova YU. F., Dvornitsyna V. S. and Averyanova N. I., representative of the Supreme Arbitration Court of the Kyrgyz Republic Tyurin V. I., having researched case papers, the Constitutional court of the Kyrgyz Republic,

ESTABLISHED:

JSB Kyrgyzstan brings the following arguments into reasons for the petition.

The decision of Zhalal-Abadsky regional Arbitration Court of February 17, 1995 from the Zhalal-Abadsky cotton-processing plant "Ak-Pakhta" in debt repayment for benefit of JSB Kyrgyzstan collected the amount of 15000000 som, by the address of collection on products and property of the Zhalal-Abadsky cotton-processing plant. This decision is left by the resolution of the Chairman of Zhalal-Abadsky regional Arbitration Court of August 18, 1995 without change. The presidium of the Supreme Arbitration Court of the Kyrgyz Republic satisfied on April 1, 1997 with the resolution No. 5 representation of the First Deputy Chairman of the Supreme Arbitration Court of the Kyrgyz Republic, cancelled: the decision of Zhalal-Abadsky regional Arbitration Court of February 17, 1995, the resolution of the Chairman of Zhalal-Abadsky regional Arbitration Court of August 18, 1995, the resolution of judicial board of the Supreme Arbitration Court of the Kyrgyz Republic of October 20, 1995, determination of judicial board of the Supreme Arbitration Court of the Kyrgyz Republic of December 18, 1995 and determination of judicial board of the Supreme Arbitration Court of the Kyrgyz Republic of September 27, 1996, and case sent for new joint trial in Trial Court.

The decision of the Supreme Arbitration Court of the Kyrgyz Republic of June 10, 1997 from Ak-Pakhta Joint-stock company for benefit of Zhalal-Abadsky JSB Kyrgyzstan collects the amount of 15000000 som of principal debt and 13000 som of the national duty. The amount of 117000 som of the national duty is collected from Ak-Pakhta joint-stock company in the republican budget. Due to the lack of money on the settlement account of the debtor, collection is turned on property of Ak-Pakhta joint-stock company.

According to Items 2 and 3 of article 79 of the Constitution of the Kyrgyz Republic creation of other courts, except provided by the Constitution is not allowed, and the organization and procedure for activity of the courts are determined by the law. Plenum of the Supreme Arbitration Court of the Kyrgyz Republic, in the resolutions, having allocated the First Deputy Chairman of the Supreme Arbitration Court of the Kyrgyz Republic with the right of introduction of representation to the decision which took legal effect in presidium of the Supreme Arbitration Court of the Kyrgyz Republic, violated Item 2 of article 7 of the Constitution of the Kyrgyz Republic providing that the Supreme Arbitration Court represents and performs the government within the powers established by the Constitution of the Kyrgyz Republic. Along with recognition unconstitutional resolutions of presidium of the Supreme Arbitration Court of the Kyrgyz Republic of April 1, 1997, JSB Kyrgyzstan asks to cancel action of the decision of the Chairman of Arbitration Court of the Zhalal-Abadsky region of August 29, 1997 about satisfaction of the claim of the liquidator of JSC Buttermilk and recognition invalid the deed of conveyance of distrained property of JSC Buttermilk of March 9, 1995, collection from the settlement account of JSB Kyrgyzstan No. 000404709 900 of som of the national duty and 25 som of postage expenses for benefit of the liquidator of JSC Buttermilk as based on the specified unconstitutional resolution of presidium of the Supreme Arbitration Court of the Kyrgyz Republic.

In judicial session representatives of Kyrgyzstan joint-stock commercial bank - Glazunov Yu. F., Dvornitsyn V. S. and Averyanov N. I., having completely supported the petition, ask it to satisfy.

Representative of the Supreme Arbitration Court of the Kyrgyz Republic Tyurin V. I., without having agreed with the petition of JSB Kyrgyzstan, asks to leave it without satisfaction.

Constitutional court of the Kyrgyz Republic, having discussed arguments of the parties and having researched case papers, considers the petition subject to satisfaction on the following bases.

Apparently from the provided materials, resolutions of plenum of the Supreme Arbitration Court of the Kyrgyz Republic of June 10, 1996 "About the questions connected with enforcement of the Arbitral Procedure Code of the Kyrgyz Republic" and of June 18, 1996 "About ensuring activities of Presidium of the Supreme Arbitration Court of the Kyrgyz Republic" are repealed by the Supreme Arbitration Court of the Kyrgyz Republic the resolution of plenum No. 8 of August 8, 1997 "About some questions of law-enforcement practice of the Supreme Arbitration Court of the Kyrgyz Republic".

The decision of Zhalal-Abadsky regional Arbitration Court of February 17, 1995 from the Zhalal-Abadsky cotton-processing plant for benefit of Zhalal-Abadsky JSB Kyrgyzstan, in debt repayment collected the amount of 15000000 som, by the address of collection on products and property of the Zhalal-Abadsky cotton-processing plant. The resolution of August 18, 1995, the Chairman of Zhalal-Abadsky regional Arbitration Court left this decision without change.

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