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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of May 24, 2019 No. 11

About some questions of court practice on disputes on invalidity of transactions and on fair property acquisition

(In edition of the Resolution of the Plenum of the Supreme Court of the Kyrgyz Republic of 25.12.2025 No. 43)

Plenum of the Supreme Court of the Kyrgyz Republic, in view of results of generalization of court practice on the dispute resolution, the transactions of purchase and sale connected with recognition invalid and application of effects of invalidity of transactions, and also about fair property acquisition, for the purpose of ensuring the correct and uniform application by courts of the regulations of the current legislation regulating these legal relationship, being guided by part 3 of article 98 of the Constitution of the Kyrgyz Republic, article 18 of the constitutional Law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts", decides:

1. Draw the attention of courts that requirements about recognition of the transaction invalid and application of effects of its invalidity are subject to consideration according to the procedure of claim production.

According to Item 2 of Article 183 of the Civil code of the Kyrgyz Republic (further - KR Group) courts the actions for declaration having the subject can be taken cognizance:

- requirements about recognition of the debatable transaction invalid. The requirement about application of effects of invalidity of the transaction can be at the same time submitted;

- requirements about application of effects of invalidity of the insignificant transaction.

2. Claim for application of effects of invalidity of the insignificant transaction can be submitted as independently, and together with the claim for recognition of the insignificant transaction invalid. The specified circumstance follows from content of Item 1 of Article 183 of KR Group according to which the insignificant transaction is invalid irrespective of such recognition by court.

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