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DECISION OF THE CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of January 13, 2014 No. 1-r

On the case of check of constitutionality of normative provision of Item 1 of part 1 of Article 34 of the Code of penal procedure of the Kyrgyz Republic in connection with the address of the citizen Abdykalykov Mamasadyk

The constitutional chamber of the Supreme Court of the Kyrgyz Republic in structure:

the chairman - the judge Kasymaliyev M. Sh., judges - Aydarbekova Ch. A., Bobukeeva M. R., Makeshov J. M., Mamyrov E. T., Oskonbayeva E. Zh., Osmonova Ch. O., Sooronkulova K. S.,

in case of the secretary Tolobaldiyev M. E.,

with participation: the addressing party - Abdykalykov M., the representative Abdykalykov M. by proxy Aytkulova I. N., the parties of the defendant - the representative of Jogorku Kenesh of the Kyrgyz Republic by proxy Sadykov K. R., the other person - the deputy attorney general of the Kyrgyz Republic Usmanova L. Yu.,

being guided by parts 1, of 6, of 8, of 9, of the 10th article 97 of the Constitution of the Kyrgyz Republic, Articles 4, of 18, of 19, of 37, 42 constitutional Laws "About the Constitutional Chamber of the Supreme Court of the Kyrgyz Republic", considered in proceeding in open court case on check of constitutionality of Item 1 of part 1 of Article 34 of the Code of penal procedure (further - the Code of Criminal Procedure).

Reason for consideration of the case was the address of the citizen Abdykalykov M. about recognition unconstitutional normative provision of Item 1 of part 1 of article 34 Code of Criminal Procedure of the following content "in exceptional cases - irrespective of competence".

The basis to consideration of this case was the found uncertainty in question of whether there corresponds to the Constitution the normative provision of Item 1 of part 1 of article 34 Code of Criminal Procedure of the following content "in exceptional cases - irrespective of competence".

Having heard speech of the judge-speaker Makeshov J. M. who was carrying out preparation of case for judicial session and having researched the provided materials, the Constitutional chamber of the Supreme Court of the Kyrgyz Republic,

Established:

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