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THE RESOLUTION OF JUDICIAL BOARD ON ADMINISTRATIVE AND ECONOMIC CASES OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of May 7, 2013 No. 6-20/13 HELL

In the matter of No. AD-000447/12 MO

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

chairman: Amanaliyevy B. K.,

judges: Mukhamedzhanova А.Дж. and Boronbayeva D. S.,

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

with participation: representative Isakova of X. - Satarova S. (the order of the order No. 001863 of November 12, 2012),

having considered in proceeding in open court the supervising claim Isakovy X. on the decision of Interdistrict court of the Osh region of September 14, 2012 by which the application of prosecutor's office Osh is granted, the decision of the commission - the protocol No. 6 of June 2, 2011 regarding rendering one-time financial support Isakovy X. in the amount of 1 million som - it is cancelled, it is collected with Isakovy X. the received amount in the amount of 1 million som for benefit of the state, it is collected with Isakovy X. 30 000 som of the national duty in the republican budget

(judge Kubatov A. E.)

and on determination of judicial board on administrative and economic cases of the Osh regional court of November 20, 2012 which leaves without change the decision of Interdistrict court of the Osh region of September 14, 2012,

(chairman: Ashirbayev I. M., judge: Chikiyev T. D., judge-speaker Kadyrov K. S.),

ESTABLISHED:

The prosecutor Osh took a legal action with the statement for the benefit of the state to Isakova H. M., to Management of social protection Osh about cancellation of the protocol of the commission No. 6 of June 2, 2011 about rendering one-time financial support of M. Isakova in the amount of 1 million som, collection by the received defendant of 1 million som for benefit of the state.

In reasons for the statement it is specified that in pursuance of the order of the Government KR No. 204 of May 4, 2011 "About rendering one-time financial support to families of the dead, missing and to injured citizens of the KR as a result of the June events of 2010 which took place to Osh the Osh and Jalal-Abad regions of the KR" the resolution of the city hall Osh No. 558 of May 11, 2011 creates the special commission for determination of persons receiving compensation. Addressed to the called commission гр. Isakova of X., the spouse of Isakov Makhamat who died in June events of 2010, with provision of the death certified by consulate to Osh of the Russian Federation, the certificate of family composition, the health certificate on death and registration on temporary stay to Osh of the citizen of the Russian Federation Isakov M. Based on the specified documents the decision of the commission of Isakova of X. it is decided to issue one-time financial support in the amount of 1 million som which was transferred into the settlement account of H.Isakova. However the decision of the commission regarding Isakova's allocation by X. 1 million som, the prosecutor's office finds Osh to the wrong and not relevant requirements of the legislation as according to Item 1 of the above-stated order of the Government KR it is offered to pay from means of the republican budget one-time financial support - to families of the died citizens of the KR, including families of the military personnel and law enforcement officers of the KR - in the amount of 1 million som. The died Isakov M., according to the reference of consulate of the Russian Federation to Osh, is citizen of the Russian Federation who was temporarily accepted on January 12, 2012 on accounting to Osh.

Considering stated, the prosecutor's office Osh asked to meet its declared requirements in full.

By determination of Interdistrict court of the Osh region of August 6, 2012 it is attracted to participate in case in quality of the third party who is not declaring independent requirements - the Commission under the city hall Osh on consideration of the applications of persons living in the Osh region on receipt of one-time financial support to families of the dead, missing and injured citizens of the KR in June events of 2010.

Courts adopt the above-stated court resolutions.

Without having agreed with court resolutions of courts, Isakova of X. addressed with the supervising claim where asks to cancel the appealed court resolutions, to make the new decision on refusal in the statement of prosecutor's office Osh.

In reasons it is specified that the commission issued to it one-time financial support based on all documents studied by the commission. Courts by consideration of this case adopted the unreasonable and illegal court resolutions, without having recovered the procedural term passed by prosecutor's office on submission of such statement, her spouse had two nationalities - the Russian Federation and the Kyrgyz Republic, nationality of the Kyrgyz Republic was disputed by nobody, there was no statement for its getting out of nationality of the Kyrgyz Republic. The declarant also believes not conforming decisions of the courts to requirements of item 4 of the bilateral agreement between the Russian Federation and the Kyrgyz Republic.

Considering stated, the declarant of the supervising claim asks court to satisfy its supervising claim.

Representatives of Management of social protection Osh, the Commissions under the city hall Osh on consideration of the applications of persons living in the Osh region of prosecutor's office Osh were not in judicial session though were informed properly on time, date and the place of consideration of the case in this connection case is subject to consideration without participation of not been persons according to the procedure of the Art. of the Art. 351, 355 GPK of the Kyrgyz Republic.

In judicial session of Supervisory Court H.Isakova's representative, having completely supported the supervising complaint, asked it to satisfy.

Having researched case papers, having listened to arguments of the representative of person participating in case, having given assessment in total to all, available in case, to materials, having checked correctness of application by courts of regulations material and procedural the rights, the judicial board on administrative and economic cases of the Supreme Court of the Kyrgyz Republic finds subject to cancellation the solution of Interdistrict court of the Osh region of September 14, 2012, determination of judicial board on administrative and economic cases of the Osh regional court of November 20, 2012, and case - to the direction on new trial in Trial Court, on the following bases.

Trial Court, meeting the declared requirements, came to conclusion that as Isakov M. is citizen of the Russian Federation, according to article 4 of the Agreement of the Kyrgyz Republic and the Russian Federation of February 26, 1999 it performed the rights and fulfilled duties by the legislation of that party which nationality it acquired.

Appeal Court, agreeing with arguments of Trial Court, left resolution of the Trial Court without change.

However the judicial board finds such conclusions of courts premature.

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