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RESOLUTION OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of December 13, 2007

Case No. ED-000144/06.MI of N / п No. 07-000356/07-ED

Judicial board on administrative and economic cases of the Supreme Court of the Kyrgyz Republic in structure:

Chairman: Amanaliyevy B. K. judges,

judges: Usenova A. T., Mukhamedzhanova A. Zh. (judge-speaker),

in case of the court session secretary: Kasymovy B.,

with participation: representatives of JSC Kyrgyzpromstroybank of Omurzakov A. (the power of attorney of 01.01.2007), Pleshakova N. A. (the power of attorney of 26.06.2006), Imanaliyeva N. M. (the passport And 0025454) - Nagayev R. A. (the order of 13.12.2007)., Akmatova G. D. (the passport And 0895232) and Imanzhanova Ch. (the passport And 1756864) and their representative Ashyrkul to uul Toktorbek (the power of attorney of 26.06.2006).

Having considered in proceeding in open court Akmatova G. D. and Imanzhanova Ch. O. supervising claim about review according to the procedure of supervision of determination of Interdistrict court of the Ysykkulsky region of 07.06.2007 and determination of judicial board on administrative and economic cases of Ysykkulsky regional court of 27.08.2007 on case on Akmatova G. D. and Imanzhanova Ch. O. statement for review of the decision of Interdistrict court of the Ysykkulsky region of 14.07.2006 on newly discovered facts,

(The judges who adopted court resolution: Asanova K. T., Eraliyev T. K., Ryskulova A. B., Abdykadyrov A. T.)

ESTABLISHED:

The Kadzhy-Saysky department JSC Kyrgyzpromstroybank took a legal action with the statement to Tonsky district management on land management and registration of the rights to real estate about issue by Tonsky district management on land management and registration of the rights to real estate of the reference for alienation of Aydynkol cafe.

During consideration of the case Imanaliyev N. took a legal action with the statement to Akmatova G. D. for recognition of the purchase and sale agreement of the Aydynkol cafe and the confectionery workshop concluded between Imanaliyevy N. and Akmatova G. taken place.

The statement of Kadzhy-Saysky department JSC Kyrgyzpromstroybank is left by the decision of Tonsky district court of 09.03.2005 without satisfaction. The purchase and sale agreement of cafeteria and the confectionery workshop concluded between Imanaliyevy N. and Akmatova G. is declared valid. The court obliged Imanaliyev N. to bring 45000 catfishes in KSFK. In other part the statement is left without satisfaction.

The decision of judicial board on civil cases of Ysykkulsky regional court of 29.08.2005 the decision of Tonsky district court of 09.03.2005 regarding recognition of the purchase and sale agreement of the cafeteria and the confectionery workshop concluded between Imanaliyevy N. and Akmatova G. taken place and to oblige Imanaliyev N. to bring 45000 catfishes in KSFK and terminations of the contract of pledge concerning the confectionery workshop it is cancelled. The verbal agreement of purchase and sale of Aydynkol cafe signed between Imanaliyevy N. and Imanzhanova Ch. is declared valid. It is collected from Imanaliyev N. for benefit of Imanzhanova Ch. 81598 catfishes. In other part the decision is left without change.

The decision of Tonsky district court of 09.03.2005 and the decision of judicial board on civil cases of Ysykkulsky regional court of 29.08.2005 are cancelled by the resolution of judicial board on administrative and economic cases of the Supreme Court of the Kyrgyz Republic of 11.04.2005, case is sent for new trial in Interdistrict court of the Ysykkulsky region.

The decision of Interdistrict court of the Ysykkulsky region of 14.07.2006 production in the claim of Kadzhy-Saysky department "Kyrgyzpromstroybank" for duty Tonsky district management on land management and registration of the rights to real estate the Aydynkol cafe is stopped to issue the reference on alienation. The purchase and sale agreement "Aydynkol" and cafeteria is recognized as valid.

The decision of Interdistrict court of the Ysykkulsky region of 14.07.2006 is left determination of judicial board on administrative and economic cases of Ysykkulsky regional court of 13.11.2006 without change.

The decision of Interdistrict court of the Ysykkulsky region of 14.07.2006 and determination of judicial board on administrative and economic cases of Ysykkulsky regional court of 13.11.2006 are upheld by the resolution of judicial board on administrative and economic cases of the Supreme Court of the Kyrgyz Republic of 27.03.2007.

26.04.2007 of Akmatov G. D. and Imanzhanov Ch. O. appealed to Interdistrict court of the Ysykkulsky region with the statement for review on newly discovered facts of the decision of Interdistrict court of the Ysykkulsky region of 14.07.2006.

In reasons for the statement applicants specified that the court in case of decision did not check actual value of objects as in case of receipt of the credit of Aydynkol cafe it is estimated at 280000 som. What follows from that the cafeteria was not pledged, but court, for some reason the cafeteria is transferred to Imanaliyev N. without assessment of its cost.

Applicants specify what follows from Imanaliyev N. testimonies that he paid 200000 catfishes in cash desk of bank, but also was also paid by Akmatova G. in bank of 200000 som. In this connection, in bank there shall be 400000 som. However, this circumstance was not checked by court and excessively paid money is not returned to the owner.

Besides, in production of Ysykkulsky regional court there is civil case about recognition invalid agreements of pledge which is interconnected with this case, but these cases are artificially divided in separate productions whereas they are subject to consolidation in one production.

The court does not research the fact that the credit in all-in cost of the put property is not issued, and only 30% of its cost who and to whom will pay the remained building cost amount are issued.

Imanzhanova Ch. O. is in joint scrap with Imanbayevy T. since 1995 and from joint scrap have 2 children, the daughter and the son. However court, transferring Aydynkol cafe, did not recruit him in case, than violated its rights to property in Aydynkol cafe.

By determination of Interdistrict court of the Ysykkulsky region of 07.06.2007 allowance of the application of Akmatova G. D. and Imanzhanova Ch. O. about nepesmotre on newly discovered facts of the decision of Interdistrict court of the Ysykkulsky region of 14.07.2006 it is refused.

Determination of Interdistrict court of the Ysykkulsky region of 07.06.2007 is left determination of judicial board on administrative and economic cases of Ysykkulsky regional court of 27.08.2007 without change, and Akmatova G. D. and Imanzhanova's claim Ch.O.Bez of satisfaction. Determination of interdistrict court of the Ysykkulsky region of 26.04.2007 which to the legal executive of PSSI on Tonsky district is specified to seize the Aydynkol cafe and cafeteria located in the village of Bokonbayevo, Tonsky district is cancelled.

In reasons for court resolutions Trial and Appeal Courts were specified that according to item 1. the p. 2 of the Art. of 361 GPK of the Kyrgyz Republic one of the bases for review of the judgment on newly discovered facts are circumstances, essential to case, which were not and could not be known to the applicant.

In this case, courts considered that circumstances to which applicants refer were known to them and therefore cannot be considered by court as newly discovered facts and to form the basis for review of the judgment on this case.

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