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

of January 28, 2005

About compliance of the resolution of Judicial board on cases on economic disputes of the Supreme Court of the Azerbaijan Republic of November 20, 2003 to the Constitution and the laws of the Azerbaijan Republic in connection with Z.S.Guliyev and G. G. Dzhabrailova's claim

Name of the Azerbaijan Republic

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

with participation of the court secretary I. Ismaylov,

representative of applicants T. Babayev,

employee of Legal department of the Ministry of Agriculture of the Azerbaijan Republic R. Akhundov,

employee of Department of management and privatization of state-owned property of the Ministry of Economic Development of the Azerbaijan Republic N. Ibragimli,

director of the Baku state hippodrome N. Safarov

according to part V of article 130 of the Constitution of the Azerbaijan Republic considered in proceeding in open court according to the procedure of the constitutional legal proceedings complaint case of Zeynalabdin Sadig to Guliyev and Gyulnara Gubad's ogl of gyza of Dzhabrailova in the claim of the Ministry of Agriculture to the Ministry of Economic Development and its Department of management and privatization of state-owned property about check of compliance of the resolution of Judicial board on cases on economic disputes of the Supreme Court of the Azerbaijan Republic of November 20, 2003 regarding concerning applicants, the orders which were the basis for issue of certificates on the sq.m. located in the territory of the Baku state hippodrome and privatized the non-residential one-storey site by Ploshchad 98,1, unfinished hotel on 35 places, the exhibition hall, stable No. 3 and the parcel of land of 4800 sq.m on which the specified stable is located, To the constitution and laws of the Azerbaijan Republic.

According to the letter of the Chairman of the Supreme Court of the Azerbaijan Republic of December 15, 2004 behind No. 2n-420, case was considered without participation of the representative of defendant.

Having heard the report of the judge B. Garibov, speech of the representative applicant T. Babayev, having studied and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic ESTABLISHED:

Z.Guliyev and G. Dzhabrailova specify in the statement that the claim of the Ministry of Agriculture to the Ministry of Economic Development and Department of management and privatization of state-owned property (further - Department) is satisfied with the resolution of Local Economic Court No. 1 of March 31, 2003 and the orders which were the basis for issue of certificates on the sq.m located in the territory of the Baku state hippodrome and privatized the non-residential one-storey site by Ploshchad 98,1, unfinished hotel on 35 places, the exhibition hall, stable No. 3 and the parcel of land of 4800 sq.m. on which the specified stable is located, are recognized as invalid.

Economic Court of the Azerbaijan Republic, having satisfied the petition for appeal of Z.Guliyev, G. Dzhabrailova, V. Isaev, rejected the claim of the Ministry of Agriculture for recognition invalid the orders which were the basis for issue of certificates on the sq.m. located in the territory of the Baku state hippodrome and privatized the non-residential one-storey site by Ploshchad 98,1, unfinished hotel on 35 places, the exhibition hall, stable No. 3 and the parcel of land, of 4800 sq.m on which the specified stable is located, in concerning them speak rapidly about what the new resolution of July 9, 2003 was accepted.

Further in the statement it is noted that the Ministry of Agriculture, making the writ of appeal, unlike the previous claim, asked to cancel the orders of the State property committee (further - City Elections Commission) which were the basis for issue of certificates for sale of objects of unfinished hotel on 35 places addressed to Z.Guliyev and the pavilion addressed to G. Dzhabrailova, having excluded the requirements regarding issue of the orders which were the basis for issue of the certificate on the parcel of land of 4800 sq.m. and stable No. 3, located on this site, addressed to V. Isaev.

(dalee-SKDES) of November 20, 2003 the writ of appeal of the Ministry of Agriculture is satisfied with the resolution of Judicial board on cases on economic disputes of the Supreme Court of the Azerbaijan Republic and are acknowledged invalid in concerning them speak rapidly the order City Elections Commission No. 31 of February 6, 1997 which was the basis for issue of the certificate for sale of unfinished hotel to Z.Guliyev on 35 places in the territory of the Baku state hippodrome and the order City Elections Commission No. 173 of April 28, 1997 which was the basis for issue of the certificate on sale of the unfinished exhibition hall in the territory of the Baku state hippodrome of G. Dzhabrailova.

In the letter of the Chairman of the Supreme Court of the Azerbaijan Republic of May 24, 2004 in connection with the additional writ of appeal of Z.Guliyev and G. Dzhabrailova the resolution SKDES of the Supreme Court it is specified that the bases for consideration in cassation procedure for this resolution are not available.

In the statement it is also specified for the fact that by the resolution No. 31 City Elections Commission of December 6, 1997 the privatized hotel located in the territory of the Baku state hippodrome on 35 places which construction was suspended and is not completed until the end of 1997, by means of the held auction it was acquired by Z.Guliyev, and to it the certificate confirming it the right to this property registered in the book of registers at No. 1040 was granted.

Based on the resolution No. 173 of the same committee of April 28, 1997 the unfinished exhibition hall which is in the same territory of the Baku state hippodrome on the same bases was acquired by G. Dzhabrailova, and it City Elections Commission m also granted the certificate confirming it the right to property registered in the book of registers 10 at No. 4530.

At the same time SKDES of the Supreme Court considers that it, according to Item 18 of Appendix of 1 State Program on privatizations of state-owned property, the Baku state hippodrome, is the company, not privatizeable.

However, according to Appendix Item 10 1, the hotel which was matter in issue, and also the exhibition hall which construction was suspended since 1992 are the objects which are subject to obligatory privatization.

According to Articles 1, of 2, 3 Provisions "About Privatization of Objects of Construction in Progress, C the Expiration of Normative Terms of Construction and Completed by Construction", the President of the Azerbaijan Republic approved by the Decree No. 451 of March 25, 1998, privatization of objects of construction in progress is performed by the Ministry of state-owned property (nowadays the Ministry of Economic Development of the Azerbaijan Republic), at the same time the Ministry acts as the seller, and such objects are privatized based on the decisions made by it.

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