NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of November 20, 1997

According to the petition of Kyrgyzstan Joint-stock commercial bank for recognition of Article unconstitutional and inappropriate to Item 3 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 the decision of the Supreme Arbitration Court of the Kyrgyz Republic of January 24, 1997 in the claim of the Bishkek city fund of state-owned property to JSB Kyrgyzstan about collection of the amount 115455 som of 60 tyyyn and the decision of the Supreme Arbitration Court of the Kyrgyz Republic of April 23, 1997 in the claim of Bereke private firm to JSB Kyrgyzstan about collection of the amount of 1144481 som of 80 tyyyn and the resolution of the Plenum of the Supreme Arbitration Court of the Kyrgyz Republic No. 6 of June 10, 1996 "About the questions connected with enforcement of the Arbitral Procedure Code of the Kyrgyz Republic"

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

with participation of the court clerk Dyushenaliyeva E. S., parties: representatives of JSB Kyrgyzstan of Konurbayeva Zamirgul Kochaganovny, Turusbekov Kokumbaya of Kydyrmyshevich, Averyanov Nikolay Ivanovich and Dvornitsyn Valery Stepanovich, the acting on the basis of the powers of attorney of November 19, 1997 and on September 23, 1997, the powers of attorney signed by the Chairman of the board of JSB Kyrgyzstan, the representatives of the Supreme Arbitration Court of the Kyrgyz Republic of Tyurin Vladimir Ivanovich and the Medetbekovy Plane tree of Askarbekovna, acting on the basis of the of September 29, 1997 signed by the Chairman of the Supreme Arbitration Court of the Kyrgyz Republic

Having heard the report of the judge Togoybayev Zh. Zh., speeches of representatives of JSB Kyrgyzstan of Konurbayeva Z. K., Turusbekova K. K., Averyanova N. I., and Dvornitsin V. S. and representatives of the Supreme Arbitration Court of the Kyrgyz Republic of Tyurin V. I. and Medetbekova Ch. A., having researched case papers the Constitutional court of the Kyrgyz Republic,

ESTABLISHED:

JSB Kyrgyzstan with the petition for recognition of Article unconstitutional and inappropriate to Item 3 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 the decision of the Supreme Arbitration Court of the Kyrgyz Republic of January 24, 1997 in the claim of the Bishkek city fund of state-owned property to JSB Kyrgyzstan about collection of the amount 115455 som of 60 tyyyn and the decision of the Supreme Arbitration Court of the Kyrgyz Republic of April 23, 1997 in the claim of Bereke private firm to JSB Kyrgyzstan about collection of the amount of 1144481 som of 80 tyyyn and the resolution of the Plenum of the Supreme Arbitration Court of the Kyrgyz Republic No. 6 of June 10, 1996 "About the questions connected with enforcement of the Arbitral Procedure Code of the Kyrgyz Republic" appealed on September 9, 1997 to the Constitutional court of the Kyrgyz Republic.

Brings the following arguments into reasons for the petition of JSB Kyrgyzstan.

The decision of the Supreme Arbitration Court of January 24, 1997 from JSB Kyrgyzstan for benefit of the Bishkek city fund of state-owned property collects the amount of principal debt 85553 som, penalty fee in the amount of 28879 som and 1523 som 60 тыйын - annual, the state fee in the amount of 5118 som 22 tyyyn.

Resolutions of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic of March 18, 1997 and cassation instance of the Supreme Arbitration Court Kyrgyz, the Republics of May 16, 1997 this decision is left without change, and the claim of JSB Kyrgyzstan - without satisfaction.

The decision of the Supreme Arbitration Court of the Kyrgyz Republic of April 23, 1997 from JSB Kyrgyzstan for benefit of Bereke private firm collects the amount of 1144481 som of 80 tyyyn, including: 914241 som of 80 tyyyn - principal debt, 230240 som of 50 tyyyn - interest for using others money, 32889 som of the 90th tyyynovgosudarstvenny duty.

Probably proceeding from the Resolution of the Plenum of the Supreme Arbitration Court of the Kyrgyz Republic No. 6 of the June 10, 1996 which determined that until education and completion of the judicial case of Arbitration Courts of the city of Bishkek and the Naryn region the economic disputes referred to their cognizance are subject to permission the Supreme Arbitration Court the Supreme Arbitration Court of the Kyrgyz Republic accepted to the production and considered the specified cases on the first instance, having broken cognizance, stipulated in Clause 20 Arbitral Procedure Codes of the Kyrgyz Republic, allowed violation of Item 3 of article 79 of the Constitution of the Kyrgyz Republic according to which the organization and procedure for activity of the courts is determined by the law, Item 3 of Article 84 and Item 2 of article 88 of the Constitution of the Kyrgyz Republic.

In judicial session representatives of JSB Kyrgyzstan - Konurbayeva Z. K., Turusbekov K. K., Averyanov N. I. and Dvornitsyn V. S. completely supported the petition and asked it to satisfy.

Representatives of the Supreme Arbitration Court of the Kyrgyz Republic Tyurin V. I. and Medetbekova Ch. A., without having agreed with the petition of JSB Kyrgyzstan, asked to leave it without satisfaction.

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

Apparently from the provided materials, the Supreme Arbitration Court, accepted to the production and satisfied with the decision of April 23, 1997 the claim of Bereke private firm to JSB Kyrgyzstan about collection of the amount of 1144481 som of 80 tyyyn. The decision of January 24, 1997 satisfies the claim of the Bishkek city state property fund to JSB Kyrgyzstan about collection of the amount 115455 som of 60 tyyyn, of March 18, 1997 and cassation instance of the Supreme Arbitration Court of the Kyrgyz Republic of May 16, 1997 this decision is left by the subsequent resolutions of appellate instance of the Supreme Arbitration Court of the Kyrgyz Republic without change, and the claim of JSB Kyrgyzstan - without satisfaction.

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