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REPRESENTATION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of July 25, 1997 No. PR-19-97

About the gross violations of the Constitution of the Kyrgyz Republic allowed by the Supreme Court of the Kyrgyz Republic, established by the Constitutional court by consideration of representation of the deputy of General Court of Jogorku Kenesh of the Kyrgyz Republic Musulmankulov O. K.

The constitutional court of the Kyrgyz Republic during consideration of representation of the deputy, Musulmankulova O. K. determined that the Supreme Court of the Kyrgyz Republic considering case according to the procedure of supervision, roughly violates the Constitution of the Kyrgyz Republic, being guided by the provisions of the law obviously obsolete and contradicting the principles of the Constitution, establishing unconstitutional law-enforcement practice, the infringing rights of citizens.

According to article 83 of the Constitution of the Kyrgyz Republic the Supreme Court of the republic is the supreme body of judicial authority in the field of civil, criminal and administrative trial. Part 2 of this Article provides that the Supreme Court of the Kyrgyz Republic exercises supervision of judicial activities regional, Bishkek city, district, city and public courts of the Kyrgyz Republic.

The item 4 of article 79 of the Constitution of the Kyrgyz Republic obliges the judge to submit only to the Constitution and the law, and Item 3 of the same Article provides that the organization and procedure for activity of the courts are determined by the Law.

Ignoring the specified requirements of the Constitution, the Presidium of the Supreme Court of the Kyrgyz Republic entered unconstitutional and unforeseen the Law procedure for review of the decisions which took legal effect and determinations of courts according to addresses of citizens.

Now in the Supreme Court of the Kyrgyz Republic there was situation in case of which in one case, complaint case of citizens is considered, and in other case the claim is rejected without consideration of the case, depending on discretion of management of the Supreme Court. That is citizens have no real guarantee from judicial arbitrary behavior and the principle of equality of all before the law and court set by Item 3 of article 15 of the Constitution of the Kyrgyz Republic is broken.

Besides, in judicial session it is determined that the Presidium of the Supreme Court of the Kyrgyz Republic is performed by justice unauthorized structure, so, case on Dunganov E. claim is considered as a part of Isabayev M. I. judges., Aknazarova K. K., Eraliyeva K. Ya., Matkerimova A. M., Yulina M. And, whereas Chairman of the Supreme Court Isabayev M. I. and his deputy Aknazarova K. K. till today, in the procedure established by the law, members of Presidium of the Supreme Court did not affirm to Zhogork Keneshom of the Kyrgyz Republic.

Incompetence of structure of the court considering case attracts without fail nepravosudnost of the decision made by it.

Besides it should be noted that the Constitutional court of the Kyrgyz Republic repeatedly drew the attention of management of the Supreme Court to need of observance of the Constitution of the Kyrgyz Republic, in connection with the violations revealed earlier by hearing of cases, cognizable to the Constitutional court and, in particular, by consideration of representation of the deputy of General Court of Jogorku Kenesh of the Kyrgyz Republic Zhorobekov Zh. on the same case.

Considering inadmissibility of similar violations of the Constitution of the Kyrgyz Republic from judicial bodies, especially the Supreme Court, 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":

1. Draws the attention of the Supreme Court of the Kyrgyz Republic to gross violations of the Constitution of the Kyrgyz Republic, taking place in practice of Presidium of the Supreme Court, suggests to take immediate measures to their elimination and in a month to report the Constitutional court.

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

 

Ch. T. Bayekova

Secretary of the Constitutional court

Kyrgyz Republic

 

A. S. Kenensariyev

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