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RESOLUTION OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of December 12, 2007

Case No. 07-000311/07.ED

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

chairman: Amanaliyevy B. K. judges,

judges: Mambetaliyeva А.Дж. and Sadykova E. E.,

in case of the court session secretary: Momunbayeva A.,

with participation: from OSOO "Osh Markets" of Dzhumabayeva Zh. K. (Dov. of 25.04.07), from City administration Bishkek Kasymova M. (Dov. of 06.12.06), from OSOO of Sedep fund of Omurzakov M. I. (Dov. of 30.07.07),

having considered in judicial session the supervising claim OSOO "Osh Markets" to the resolution of judicial board on administrative and economic cases of the Bishkek city court of July 31, 2007 on case on the claim of OSOO "Osh Markets" on recognition invalid resolutions of City administration Bishkek paragraph 2 p.1 No. 611 of August 7, 2002 regarding provision of OSOO to Sedep fund of the parcel of land by Ploshchad 0,4 of hectare under the mall in the territory of the Osh market and the State act on the right of private property of November 4, 2002 No. 0001707,

(the judges who adopted court resolution: Bazarkulov K. K., Rybalkina A. D., Dubanbayeva A. S.)

ESTABLISHED:

OSOO "Osh Markets" appealed to interdistrict court of the city of Bishkek with the action for declaration about recognition invalid paragraph 2 p.1 of the resolution of City administration Bishkek No. 611 of August 7, 2002 regarding provision of OSOO to Sedep fund of the parcel of land by Ploshchad 0,4 of hectare under the mall in the territory of the Osh market and the State act on the right of private property of November 4, 2002 No. 0001707.

By the claimant it is specified that Bishkek No. 604 of December 9, 1996 was provided to the Ala-Archinsky Osh Markets market by the resolution of City administration in joint use with other owners of buildings and constructions the parcel of land by Ploshchad 5,4 of hectare under the existing market where the main land user determined the Ala-Archinsky Osh Markets market. Based on the specified resolution the state act of series No. 001573 of May 17, 2002 is issued to the claimant. "The union of entrepreneurs of "Beshik-limited liability partnership" to Gosregistr's Management the cities of Bishkek and OSOO "Osh Markets" about recognition invalid the state act of series No. 001573 of May 17, 2002 about the right of private property to the parcel of land was refused by the resolution of judicial board on administrative and economic cases of the Supreme Court of the Kyrgyz Republic of November 29, 2005 the claim of Consolidation of legal entities. Judicial board of the Supreme Court of the Kyrgyz Republic, having considered case, came to conclusion that the bases for recognition invalid the state act are not available.

The claimant considers that based on the title and right certifying documents all territory of the market, free from the buildings and constructions belonging to other subjects namely drives, passes, squares and courtyards, are private property of OSOO "Osh Markets".

However, the resolution of city administration Bishkek No. 611 of August 7, 2002 the parcel of land is provided by Ploshchad 0,4 of hectare to OSOO to Sedep fund under the mall in the territory of the Osh market and on its basis Gosregistr issues the state act of the right of private property to the parcel of land. At the same time, OSOO "Osh Markets" to Sedep fund was not notified and informed on provision of the parcel of land of OSOO.

The action for declaration OSOO "Osh Markets" is satisfied with the decision of interdistrict court of the city of Bishkek of March 13, 2007.

The decision of interdistrict court of the city of Bishkek of March 13, 2007 is cancelled by the resolution of judicial board on administrative and economic cases of the Bishkek city court of July 31, 2007 on case the new decision on refusal in satisfaction of the claim of OSOO "Osh Markets" is made.

OSOO "Osh Markets", without having agreed with the resolution of judicial board on administrative and economic cases of the Bishkek city court of July 31, 2007, appealed with the supervising claim to the Supreme Court of the Kyrgyz Republic.

At meeting of judicial board on administrative and economic cases of the Supreme Court of the Kyrgyz Republic of OSOO "Osh Markets" asked to cancel and uphold the decision of interdistrict court of the city of Bishkek of March 13, 2007.

Representatives of City administration Bishkek and OSOO Sedep fund on judicial session of supervising instance asked court to uphold the resolution of judicial board on administrative and economic cases of the Bishkek city court of July 31, 2007, and the supervising claim OSOO "Osh Markets" - without satisfaction.

Having studied case papers, having heard the report of the judge-speaker and the explanation of agents of the parties, having discussed arguments of the supervising claim and having given assessment in total to all produced evidence, the judicial board on administrative and economic cases of the Supreme Court of the Kyrgyz Republic considers that the decision of interdistrict court of the city of Bishkek of March 13, 2007, the resolution of judicial board on administrative and economic cases of the Bishkek city court of July 31, 2007 are subject to cancellation, and the case should be submitted on new trial to Trial Court on the following bases.

Apparently from case papers, the resolution of City administration Bishkek of December 9, 1996 No. 604 to the Ala-Archinsky Osh Markets market as to the main land user, the parcel of land by Ploshchad 5,4 of hectare under the existing Osh market in joint use with other owners - owners of the buildings and constructions located in the territory of the market is provided. Based on the resolution of City administration Bishkek of December 9, 1996 No. 604 OSOO "Osh Markets" is issued the State act of series Ch No. 001573 of May 17, 2002 about the right of common joint property to the parcel of land. The list of joint owners of the parcel of land by Ploshchad 5,4 of hectare in number of 22 persons with indication of their title and pravoudostoveryashchy documents is attached to the state act (л.д. 17).

In turn, OSOO to Sedep fund the resolution of City administration Bishkek No. 611 of August 7, 2002 (paragraph 2 of h 1) was provided the parcel of land by Ploshchad 0,4 of hectare under the mall in the territory of the Osh market with pools on st. of Toktogul, 259, and the State act on the right of private property of November 4, 2002 is issued to No. 0001707.

Under such circumstances, the judicial board on administrative and economic cases of the Supreme Court of the Kyrgyz Republic for the purpose of comprehensive and complete examination of case considers necessary to recruit in the case of 22 joint owners of the parcel of land Ploshchad 5,4 of the hectare listed in appendix to the State act of series Ch No. 001573 of the May 17, 2002 issued to OSOO "Osh Markets" based on the resolution of City administration Bishkek of December 9, 1996 No. 604, as their rights and obligations are affected by the court resolutions adopted on this case.

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