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NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

November 12, 1996

On representation of deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Kadyrbekov I. D., Baybolova K. K., Tekebayeva O. Ch., Usenov D. T., Pronenko A. P., about recognition unconstitutional resolutions of General Court of Jogorku Kenesh of the Kyrgyz Republic of March 28, 1995 Z No. 5-1 "About procedure for election of Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic of the first convocation" and Z No. 11-1 "About Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic"

Constitutional court of the Kyrgyz Republic as a part of the presiding Bayekova Ch. T., vice-chairman Sutalinov A. A., judges Dryzhak P. N., Kenensariyeva A. S., Osmonova K. E., Satybekova S. S., Togoybayev Zh. Zh., Esenaliyeva K. E. and Esenkanova K. E.,

with participation of the court session secretary Kazakbayev B. M., the translator Akmataliyeva R. K.

parties: deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic Kadyrbekova Ishenbaya Duyshenbiyevicha, Baybolov Kubatbek Kalbekovich, Tekebayev Omurbek Chirkeshovich, Usenov Daniar Toktogulovich, Pronenko Alevtina Pavlovna and Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic of Cholponbayev Mukar Shaltakovich, representatives of General Court of Jogorku Kenesh of the Kyrgyz Republic, the deputy of General Court of Jogorku Kenesh of the Kyrgyz Republic of Sabirov Alisher Akhmedovich and Sakembayev Meder Makeshovich, the acting on the basis of the powers of attorney 220, No. 221 of October 21, 1996,

considered representation of deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Kadyrbekov I. D. in proceeding in open court., Baybolova K. K., Tekebayeva O. Ch., Usenov D. T., Pronenko A. P. about recognition unconstitutional resolutions of General Court of Jogorku Kenesh of the Kyrgyz Republic of March 28, 1995 Z No. 5-1 "About procedure for election of Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic of the first convocation" and Z No. 11-1 "About Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic".

Having heard the report of the judge Osmonov K. E., speeches of deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Kadyrbekov I. D., Baybolova K. K., Tekebayeva O. Ch., Usenov D. T., Pronenko A. P., supported representation, objections of Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic Cholponbayev M. Sh., representatives of General Court of Jogorku Kenesh of the Kyrgyz Republic of Sabirov A. A. and Sakembayeva M. M., testimonies of witnesses of Achylova R. A., Zheksheeva Zh. Zh., Musulmankulova O. K., Sadyrbayev D., Akmatbekov Z. A., having researched the provided materials, the Constitutional court of the Kyrgyz Republic,

ESTABLISHED:

Deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic Kadyrbekov I. D. appealed on August 14, 1996 to the Constitutional court of the Kyrgyz Republic., Baybolov K. K., Tekebayev O. Ch., Usenov D. T., Pronenko A. P. with idea of recognition unconstitutional resolutions of General Court of Jogorku Kenesh of the Kyrgyz Republic of March 28, 1995 Z No. 5-1 "About procedure for election of Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic of the first convocation" and Z No. II-1 "About Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic".

In representation it is specified that on March 28, 1995 deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic chose Toraga of chamber. In the second round of vote with assistance of 17 deputies of chamber who voted for Cholponbayev M. Sh. candidacy he was elected Toraga of chamber. According to Item 12 of Provisional regulations for procedure for election of Toraga (Chairman) for the General Court approved by the resolution of General Court of Jogorku Kenesh of the Kyrgyz Republic of March 28, 1995 Z No. 5-1 "About procedure for election of Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic" the electee the candidate who received more than a half of votes from total number of deputies is considered. The general number of deputies of General Court is equal 35, and the majority from total number of deputies of chamber makes at least 18 deputies.

Deputies consider the inappropriate Constitution of the Kyrgyz Republic Item 13 of Provisional regulations for procedure for election of Toraga (Chairman) for General Court stated in edition: "If any of candidates did not gather the necessary poll, on the next round of vote two candidates who received the greatest poll join. Vote on them is made according to the procedure, established by Items 5-11 of this provision.

The candidate who got more votes is considered the electee".

Objecting to the declared requirements, representatives of General Court of Jogorku Kenesh of the Kyrgyz Republic, the deputy Sabirov A. A., Sakembayev M. M., Toraga Legislative collected Jogorku Kenesh of the Kyrgyz Republic Cholponbayev M. Sh. ask to leave representation of deputies without satisfaction. Consider that resolutions of General Court of Jogorku Kenesh of the Kyrgyz Republic of March 28, 1995 Z No. 5-1 "About procedure for election of Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic of the first convocation" and Z No. 11-1 "About Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic" correspond to the Constitution of the Kyrgyz Republic. Explain elections of Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic based on Provisional regulations with the fact that powers of chambers of Jogorku Kenesh of the Kyrgyz Republic were not still differentiated and it was impossible to regulate their activities. Do not see any violations of the Constitution in case of elections of Toraga of General Court of Jogorku Kenesh of the Kyrgyz Republic.

Constitutional court, having researched case papers, explanations of the parties, testimonies of witnesses considers subject to partial satisfaction representation of deputies of General Court of Jogorku Kenesh of the Kyrgyz Republic of Kadyrbekov I. D., Baybolova K. K., Tekebayeva O. Ch., Usenov D. T., Pronenko A. P. on the following bases.

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