CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of May 26, 1997

Determination about the termination of the constitutional legal proceedings

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 Tungatarov B.,

parties: citizens Isakov Ismail Isakovich, Moldobayev Tavalda Kadyrovich, Khvan Valery Vasilyevich, Beyshenov Murat Beyshenovich, Rysaliyev Tavalda Karymbayevich and Samarbekov Aytpaya of Samarbekovich, representatives of the Government of the Kyrgyz Republic Dzhanuzakova Bolota Chynybayevicha - the manager of Department of law enforcement agencies and defense of the Government office of the Kyrgyz Republic which is acting on the basis of the power of attorney for No. 23-51/17 of April 7, 1997, the signed Prime Minister of the Kyrgyz Republic Dzhumagulov A. D., and Abdullaeva Uktomkan Avazovna - the First Deputy Minister of Finance of the Kyrgyz Republic which is acting on the basis of the power of attorney No. 23-419 of May 21, 1997, signed by the first vice-Prime Minister of the Kyrgyz Republic Nanayev K. K.,

having considered in proceeding in open court of the petition of citizens of Isakov I. I., Moldobayeva T. K., Chechel O. V., Khvan V. V., Beyshenov M. B., Rysaliyev T. K. and Samarbekov A. S. about withdrawal of the requirements about recognition unconstitutional Item 1 of the order of the Government of the Kyrgyz Republic No. 234 of May 28, 1993 "About privileges to the military personnel of the Kyrgyz Republic", the resolutions N 150 of April 8, 1996 "About approval of the List of categories of the citizens having the right to reduced rate for use of electrical and heat energy", N 361 of August 5, 1996 "About approval of the Additional list of categories of the citizens having the right to reduced rate for use of natural gas" and law-enforcement practice of the Government of the Kyrgyz Republic in case of their acceptance

established:

They refer to the fact that, according to the Law of the Kyrgyz Republic "About the status of the military personnel", faces of officers, the ensigns, warrant officers, military personnel of extra urgent service and female military personnel who are in the military service, and also the persons transferred to the reserve or resignation on age, the state of health, staff reduction or family and other important circumstances, having period of service of 20 calendar years and more pay with them occupied and the family members living with them living space and utilities from 50% by discount.

With respect thereto, ask to recognize unconstitutional the above-stated orders of the Government of the Kyrgyz Republic and to cancel them.

On January 29, 1997 they added the petition and raised in addition question of recognition of unconstitutional law-enforcement practice of the Government of the Kyrgyz Republic in case of adoption of the disputed resolutions.

In judicial session Isakov I. I., Moldobayev T. K., Chechel O. V., Khvan V. V., Beyshenov M. B., Rysaliyev T. K. and Samarbekov A. S., in connection with satisfaction of requirements with the Government of the Kyrgyz Republic with the resolutions N 263 of May 2, 1997, N 282 of May 15, 1997 and N 290 of May 21, 1997, declared petitions for withdrawal of the requirements and ask to stop proceeedings.

These petitions were supported by representatives of the Government of the Kyrgyz Republic Dzhanuzakov B. Ch. and Abdullaeva U. A.

Constitutional court of the Kyrgyz Republic, having discussed arguments of petitions of citizens of Isakov I. I., Moldobayeva T. K., Chechel O. V., Khvan V. V., Beyshenov M. V., Rysaliyev T. K. and Samarbekov A. S, considers proceeedings subject to the termination on the following bases.

During preparation of case for legal proceedings the Government of the Kyrgyz Republic met requirements of citizens of Isakov I. I., Moldobayeva T. K., Chechel O. V., Khvan V. V., Beyshenov M. V., Rysaliyev T. K. and Samarbekov A. S. the resolutions N 263 of May 2, 1997 "About implementation of the Presidential decree of the Kyrgyz Republic of April 8, 1997 "About measures for enhancement of payment system and accounting of the consumed natural gas", No. 282 of May 15, 1997 "About measures for ensuring social protection of the military personnel of the Kyrgyz Republic" and No. 290 of May 21, 1997 "About entering of amendments and changes into the order of the Government of the Kyrgyz Republic No. 263 of May 2, 1997 "About implementation of the Presidential decree of the Kyrgyz Republic of April 8, 1997 "About measures for enhancement of payment system and accounting of the consumed natural gas", thereby is exhausted matter in issue.

Citizens Isakov I. I., Moldobayev T. K., Chechel O. V., Khvan V. V., Beyshenov M. B., Rysaliyev T. K. and Samarbekov A. S. confirmed voluntary removal of the requirements in judicial session.

Based on stated and being guided by Item 9 parts three of article 23 of the Law "About the Constitutional Legal Proceedings of the Kyrgyz Republic", the Constitutional court of the Kyrgyz Republic,

DETERMINED:

The constitutional legal proceedings according to the petition of citizens Isakov Ismail Isakovich, Moldobayev Tavalda Kadyrovich, Khvan Valery Vasilyevich, Beyshenov Murat Beyshenovich, Rysaliyev Tavalda Karymbayevich and Samarbekov Aytpaya of Samarbekovich for recognition unconstitutional Item 1 of the order of the Government of the Kyrgyz Republic No. 234 of May 28, 1993 "About privileges to the military personnel of the Kyrgyz Republic", resolutions No. 150 of April 8, 1996 "About approval of the List of categories of the citizens having the right to reduced rate for use of electrical and heat energy" "About approval of the Additional list of categories of the citizens having the right to reduced rate for use of natural gas" and law-enforcement practice of the Government of the Kyrgyz Republic in case of their acceptance by production to stop No. 361 of August 5, 1996.

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