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NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of April 10, 2008

according to the petition of Druzhba agricultural cooperative for recognition of Items 5 and 6 of article 5 of the Law of the Kyrgyz Republic "About cooperatives" of June 11, 2004, concerning kolkhozes (and their legal successors) unconstitutional and not corresponding to Items 1, 2 and 4 Articles 4, to Article 18, to Items 1 and 3 of article 21 of the Constitution of the Kyrgyz Republic

Constitutional court of the Kyrgyz Republic in structure:

Chairman Sydykova S. K.,

vice-chairman Sutalinov A. A.,

judges - Kenensariyeva A. S., Kurbanova Ch. Dzh., Mamyrova O. Zh., Musabekova Ch. A., Togoybayeva Zh. Zh. and Esenkanova K. E.

court clerk Asangozhoyeva A. A.,

Having heard the report of the judge Esenkanov K. E., speeches of representatives of Druzhba agricultural cooperative - Dzhailova J. R. and Reznichenko V. I., representative of Jogorku Kenesh Kyrgyz Respublikizhusupova M. K. and having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic the petition of Druzhba agricultural cooperative for recognition of Items 5 and 6 of article 5 of the Law of the Kyrgyz Republic "About cooperatives" of June 11, 2004, concerning kolkhozes (and their legal successors) unconstitutional and not corresponding to Items 1, 2 and 4 Articles 4, to Article 18, to Items 1 and 3 of article 21 of the Constitution of the Kyrgyz Republic on February 6, 2008 arrived.

The following arguments are given to reasons for the petition. The Druzhba agricultural cooperative is universal successor of Consolidation of peasant economy of the agricultural production cooperative "Druzhba" transformed from the agricultural production cooperative "Druzhba" which is earlier reorganized based on Druzhba kolkhoz based on the decision of general meeting of members of kolkhoz of August 2, 1995. In 1987-88 the Druzhba kolkhoz on own means built premises in the village of Aleksandrovka and these premises were used as office, are property of unitholders, are on balance of the company. By reorganization of the company of Druzhba kolkhoz the mode of property of economy what was before reorganization, that and remained after reorganization till today.

But Items 5 and 6 of article 5 of the Law of the Kyrgyz Republic of June 11, 2004 "About cooperatives" were determined that the cooperatives functioning based on property complexes of the former kolkhozes and sovkhozes are not legal successors of the specified kolkhozes and sovkhozes. The housing rooms belonging earlier to kolkhozes and sovkhozes are not property of cooperatives and privatizations according to the current legislation about privatization of housing are subject.

The specified regulations infringe at constitutional rights of all members of the former kolkhoz "Druzhba" - their legal successors, now members of cooperative of Druzhba agricultural cooperative, that is unitholders of this economy.

In judicial session representatives of Druzhba agricultural cooperative Dzhailova J. R. and Reznichenko V. I. supported requirements of the petition and ask them to satisfy.

Representative of Jogorku Kenesh of the Kyrgyz Republic Zhusupov M. K. did not agree with petition arguments.

Constitutional court of the Kyrgyz Republic, having discussed arguments of the parties and having researched case papers, considers that the petition of Druzhba agricultural cooperative is subject to partial satisfaction on the following bases.

The disputed Item 5 of article 5 of the Law of the Kyrgyz Republic "About cooperatives" determined that the cooperatives functioning based on property complexes of the former kolkhozes and sovkhozes are not legal successors of the specified kolkhozes and sovkhozes.

According to general provisions of civil regulation of the status of legal entities when transforming the legal entity of one type to the legal entity of other type, that is, in case of change of form of business pass to again arisen legal entity the rights and obligations of the reorganized legal entity according to the transfer act.

Item 5 of article 5 of the specified law which fixed lack of transition of the rights and obligations of the kolkhozes and sovkhozes organized in cooperatives violates part 2 of Item 1 of article 4 of the Constitution of the Kyrgyz Republic guaranteeing variety of patterns of ownership and their equal legal protection.

Item 6 of article 5 of this Law which determined that the housing rooms belonging earlier to kolkhozes and sovkhozes are not property of the cooperatives functioning based on property complexes of the former kolkhozes and sovkhozes and privatizations according to the current legislation about privatization of housing are subject - does not violate the right of the citizens living in premises of Druzhba agricultural cooperative, and also other grazhdanchlen of cooperative as residential objects were not carried to distribution to property shares by the Commission on property share of the Center of agrarian land reform under the Ministry of Agriculture, Water Resources and Processing Industry of the Kyrgyz Republic that is not disputed by the party which addressed with the petition.

DECIDED:

1. Recognize Item 5 of article 5 of the Law of the Kyrgyz Republic "About cooperatives" of June 11, 2004, concerning kolkhozes (and their legal successors) unconstitutional and contradicting part 2 of Item 1 of article 4 of the Constitution of the Kyrgyz Republic.

"About cooperatives" concerning kolkhozes (and their legal successors) to the unconstitutional and contradicting Items 1, 2 and 4 Articles 4, to Article 18, to Items 1 and 3 of article 21 of the Constitution of the Kyrgyz Republic to leave the petition of Druzhba agricultural cooperative regarding recognition of Item 6 of article 5 of the Law of the Kyrgyz Republic without satisfaction.

Satisfy the petition partially.

2. The final decision, is not subject to appeal and it is obligatory to execution by all state bodies, officials and citizens.

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