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RESOLUTION OF THE PLENUM OF THE CONSTITUTIONAL COURT OF THE AZERBAIJAN REPUBLIC

of January 12, 2005

About check of compliance of the Constitution and to the laws of the Azerbaijan Republic of resolutions of Judicial board on civil cases of the Supreme Court of the Azerbaijan Republic of October 25, 2002 and on May 14, 2004 according to the claim Kamala Alekper Oglou of Makhmudov

Name of the Azerbaijan Republic

Plenum of the Constitutional court in F. Abdullaev (chairman), F. Babayev, B. Garibov, R. Gvaladze, E. Mamedov, I. Nadzhafov, S. Salmanova's structure (the judge - the speaker) and A. Sultanova,

with the assistance of the judicial secretary of I. Ismaylov,

the representative applicant K. Makhmudov there is A. Alekperova,

according to part V of article 130 of the Constitution of the Azerbaijan Republic in open session on the constitutional judicial proceedings considered based on K. Makhmudov's claim the constitutional case on check of compliance of the Constitution and the laws of the Azerbaijan Republic of resolutions of Judicial board on civil cases of the Supreme Court of the Azerbaijan Republic of October 25, 2002 and on May 14, 2004.

Based on the letter of the chairman of the Supreme Court of the Azerbaijan Republic of December 28, 2002 the constitutional case was considered without participation of the agent of the party of the defendant.

Plenum of the Constitutional court of the Azerbaijan Republic, having heard the report of the judge-speaker S. Salmanova, speech of the representative applicant K. Makhmudov - A. Alekperova, having studied case papers, established:

The decision of Binagadinsky district court of the city of Baku of July 10, 2000 satisfied S. Shirinova's claim to I. Makhmudov for recognition invalid orders, the order and the registration certificate on the apartment 22, of the house 39 "A" down the street Nakhchyvani, the city of Baku and its eviction together with family members from the specified apartment.

The judicial board on civil cases (further - SKGD) Appeal Court of the Azerbaijan Republic made the decision of November 22, 2000 on change of the decision of Binagadinsky district court, cancellation of the order, order and registration certificate issued addressed to K. Makhmudov and its eviction from the specified apartment, having provided with other living space corresponding to the sizes and conveniences of the disputed apartment.

Judicial board on civil cases (further SKGD) the Supreme Court of the Azerbaijan Republic of March 14, 2001 the decision of Appeal Court of March 14, 2001 was changed by the resolution and from the specified decision specifying "was withdrawn having provided K. Makhmudov with family members in other living space corresponding to the sizes and conveniences of the disputed apartment".

The plenum of the Supreme Court the resolution of November 01, 2001 cancelled part of the resolution SKGD of the Supreme Court of March 14, 2001 about K. Makhmudov's eviction with family members from the disputed apartment without provision of other living space and kept in force the corresponding part of the decision of SKGD of Appeal Court of November 22, 2000, having left other part of the resolution without changes. After this SKGD of Appeal Court granted K. Makhmudov's application for return of execution of the decision of Binagadinsky district court of July 10, 2000 and accepted determination of November 26, 2001 about resettlement it with family members to the disputed apartment and S. Shirinova's eviction from the specified apartment.

The specified determination of SKGD of Appeal Court was cancelled by the resolution SKGD of the Supreme Court of January 30, 2002. SKGD of Appeal Court, the determination of May 23, 2002 having made return of execution of the decision of Binagadinsky district court of July 10, 2000, accepted the resolution on K. Makhmudov's installation with family members in the disputed apartment and eviction from this apartment of S. Shirinova.

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