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

of November 19, 2004

About compliance of court resolutions of the Constitution and to the laws of the Azerbaijan Republic in connection with F.A.Guseynov and A. A. Gasymov's claims

Name of the Azerbaijan Republic

Plenum of the Constitutional Court of the Azerbaijan Republic as a part of F. Abdullaev (chairman), F. Babayeva, B. Garibova (judge-speaker), R. Gvaladze, E.Mamedova, I. Nadzhafova, S. Salmanova and A. Sultanov,

with participation of the court secretary I. Ismaylov, representatives of the applicant M. Guliyev and R. Zulfugarov according to part V of article 130 of the Constitution of the Azerbaijan Republic Farkhada Ashraf to Guseynov and Aslan Amiraslan's ogl to Gasymov's ogl about compliance of the resolution of the Judicial Board on Civil Cases (JBCC) of the Supreme Court of the Azerbaijan Republic of April 2, 2004 on civil case in connection with Pashayevy Nargiz Mamedtagi's claim gases against F.Guseynov and A. Gasymov about determination of instructions for use by the apartment, cancellation of the agreement, recognition of the property right, and also cost recovery on repair and the counter action of A. Gasymov to N. Pashayeva about eviction from the apartment of the Constitution and to the laws of the Azerbaijan Republic considered on proceeding in open court according to the procedure of the constitutional judicial proceedings the claim. On the basis of the letter of the chairman of the Supreme Court of the Azerbaijan Republic of October 20, 2004 No. 8m-308/04 the constitutional case was considered without participation of the representative of defendant.

Having heard the report of the judge B. Garibov, speech of the representative applicant M. Guliyev on case, having studied and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic of USTANOVIL:

Applicants F. A. Guseynov and A. A Gasymov in the claim specify that in N. Pashayeva's claim to F.Guseynov and A. Gasymov for establishment of instructions for use by the apartment, at the address: Baku, Prospekt Inshaatchylar, the house 6, the apartment 1, cancellation of the agreement, recognition of the property right, and also about cost recovery on repair and to the counter action of A. Gasymov to N. Pashayeva about eviction from the apartment the decision of Yasamalsky district court of the city of Baku was passed on July 1, 2003.

This decision partially satisfies N. Pashayeva's claim with recognition its right to use by living rooms No. 1 with an area of 50.0 sq.m and No. 4 of 15.8 m 2, being in the apartment of 1 house 6 with a total area of 225 sq.m on Prospekt Inshaatchylar of the city of Baku, they are transferred to its use (the auxiliary area of the apartment is left in general use), the sale and purchase agreement of this apartment of February 12, 2003 signed between A. Gasymov and SUN-SITY (further firm), it is nullified, N. Pashayeva's claim to F. Guseynov and A. Gasymov for recognition of the property right to this apartment is left without consideration. The claim to F.Guseynov and A. Gasymov regarding expense recovery, spent for repair of this apartment, and also the counter action of A. Gasymov to N. Pashayeva about eviction from the 4-roomed apartment number 1, located on the 2nd floor of the apartment house, at the address: Baku, Prospekt Inshaatchylar, 6, are rejected because of groundlessness.

The petition for appeal made by applicants was rejected by the decision of the Judicial Board on Civil Cases (JBCC) of Appeal Court of the Azerbaijan Republic of November 27, 2003, and the decision of Yasamalsky district court is left without change.

The writ of appeal on this case was rejected by the resolution SKPGD of the Supreme Court of the Azerbaijan Republic of April 2, 2004, and the decision of SKPGD of Appeal Court of the Azerbaijan Republic is left without change.

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