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REPRESENTATION OF KONSTITUTSIONNONNY COURT OF THE KYRGYZ REPUBLIC

On July 23, 1997 No. Pr-26-97

About the gross violations of the Constitution of the Kyrgyz Republic allowed by the Supreme Court of the Kyrgyz Republic, and established by the Constitutional court of the Kyrgyz Republic by consideration of representation of the Chuya regional Kenesh

The constitutional court of the Kyrgyz Republic by consideration of the specified representation determined that the Supreme Court of the Kyrgyz Republic continues to violate roughly the Constitution of the Kyrgyz Republic, establishing unconstitutional law-enforcement practice by hearing of cases according to the procedure of supervision.

Representatives of the Supreme Court of the Kyrgyz Republic of the judge - Yulina M. A. and Ibragimova N. A. explained that as there is no law establishing the procedure of hearing of cases about administrative offenses according to the procedure of supervision they this most, having considered according to the procedure of supervision case on administrative offenses of Losev and others, aimed to meet the lack which is available in the legislation.

The claim treatment procedure which is not provided by the law according to the procedure of supervision of cases on administrative offenses entered the Supreme Court of the Kyrgyz Republic contrary to requirements 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.

The constitutional court of the Kyrgyz Republic considers that such line item of the Supreme Court of the Kyrgyz Republic is directed not only to ignoring of the solution of the Constitutional court of the Kyrgyz Republic, but also requirements of the Constitution of the Kyrgyz Republic.

Considering inadmissibility of similar provision the Constitutional court of the Kyrgyz Republic, being guided by part 4 of article 24 of the Law "About the Constitutional Legal Proceedings of the Kyrgyz Republic"

2. To the president of the Kyrgyz Republic and Jogorku Kenesh of the Kyrgyz Republic about stated to inform.

 

Chairman of the Constitutional court

Kyrgyz Republic

 

Bayekova Ch. T.

Secretary of the Constitutional court

Kyrgyz Republic

 

Kenensariyev A. S.

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