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NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of June 10, 1997

At the request of the Supreme Court of the Kyrgyz Republic about constitutionality of Items 2 and 3 of article 6 of the Law USSR of August 4, 1989 "About the status of judges in the USSR"

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., Osmonova K. E., Satybekova S. S., Togoybayev Zh. Zh., Esenaliyeva K. E. and Esenkanova K. E.,

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

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

in proceeding in open court reviewed request of the Supreme Court of the Kyrgyz Republic about constitutionality of Items 2 and 3 of article 6 of the Law USSR of August 4, 1989 "About the status of judges in the USSR".

Having heard the report of the judge Esenkanov K. E. and having researched collected materials, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic the request from the Supreme Court of the Kyrgyz Republic about constitutionality of Items 2 and 3 of article 6 of the Law USSR of August 4, 1989 "About the status of judges in the USSR", in connection with consideration of criminal case of Mondoshov Bekemzhan accused on part three of article 180 of the Criminal code of the Kyrgyz Republic on May 27, 1997 arrived. Mondoshov B. was juryman of Cara-Kulsky city court of the Jalal-Abad region. Observing partially requirements of article 6 of the Law USSR "About the status of judges" criminal case concerning Mondoshov B. is initiated in the USSR by the Attorney-General of the Kyrgyz Republic, but without the consent of the Jalal-Abad regional Kenesh.

Supervision of investigation of this case was exercised by prosecutor's office of the Jalal-Abad region. Having determined during the investigation that Mondoshov B. at the time of crime execution did not fulfill the juryman's duty in court, bodies of prosecutor's office did not appeal to the Constitutional court of the Kyrgyz Republic or Jogorku Kenesh of the Kyrgyz Republic for receipt of consent to attraction it to criminal liability.

Therefore, the Supreme Court of the Kyrgyz Republic considers unconstitutional provision of immunity of immunity to jurymen, irrespective of execution of obligations by them in court and ask to pass the decision on constitutionality of Items 2 and 3 of article 6 of the Law USSR "About the status of judges in the USSR".

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

Item 2 of article 6 of the Law USSR "About the status of judges in the USSR" established procedure for initiation of legal proceedings concerning the juryman irrespective of execution of obligations by them in court according to which criminal case concerning them is brought by the prosecutor of the republic with the consent of presidium of higher Council of People's Deputies. Item 3 of article 6 of the called Law determined cognizance of criminal cases concerning jurymen to the Supreme Court of the republic.

According to item 4 of article 79 of the Constitution of the Kyrgyz Republic judges have the right of immunity of immunity and, therefore, it extends only to judges.

Under the specified circumstances preserving immunity of immunity for jurymen, determination of special procedure for excitement and investigation of criminal cases, and also reference of cognizance of criminal cases concerning jurymen to the Supreme Court of the Kyrgyz Republic Items 2 and 3 of article 6 of the Law USSR "About the status of judges in the USSR" in this part is unconstitutional and contradicts item 4 of article 79 of the Constitution of the Kyrgyz republic.

DECIDED:

1. Recognize unconstitutional and contradicting item 4 of article 79 of the Constitution of the Kyrgyz Republic Items 2 and 3 of article 6 of the Law USSR of August 4, 1989 "About the status of judges in the USSR" regarding the immunity guaranteeing immunity to jurymen, determinations of special procedure for excitement and investigation of criminal cases, and also references of cognizance of criminal cases concerning jurymen to the Supreme Court of the Kyrgyz Republic.

To satisfy request of the Supreme Court of the Kyrgyz Republic partially.

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

 

Ch. T. Bayekova

Secretary of the Constitutional court

Kyrgyz Republic

 

A. S. Kenensariyev

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