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

of May 14, 2014 No. 31-r

On the case of check of constitutionality of normative provision of part 2 of article 7-2 of the Law of the Kyrgyz Republic "About law-enforcement bodies of the Kyrgyz Republic" in connection with the address of the citizen Isaev Abdilamit Mamiyevich

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., Mamyrov E. T., Narynbekova A. O., Oskonbayeva E. Zh., Osmonova Ch. O., Sooronkulova K. S.,

in case of Iliyazova N. A. secretary.,

with participation:

the addressing party - Isaeva A. M., his representatives by proxy Imankulova T. I. and Umetaliyeva Т.Дж.;

the defendant party - Sadykova K. R., the representative of Jogorku Kenesh of the Kyrgyz Republic by proxy and Gulzhigitova M. G. - the representative of the Government of the Kyrgyz Republic by proxy,

being guided by parts 1 and 6 of article 97 of the Constitution of the Kyrgyz Republic, Articles 1, of 4, of 18, of 19, 37 and 42 constitutional Laws of the Kyrgyz Republic "About the Constitutional chamber of the Supreme Court of the Kyrgyz Republic", considered in proceeding in open court case on check of constitutionality of normative provision of part 2 of article 7-2 of the Law of the Kyrgyz Republic "About law-enforcement bodies of the Kyrgyz Republic".

Reason for consideration of the case was the petition of the citizen Isaev A. M.

The basis to consideration of the petition was the found uncertainty in question of whether there correspond Constitutions of the Kyrgyz Republic normative provision of part 2 of article 7-2 of the Law of the Kyrgyz Republic "About law-enforcement bodies of the Kyrgyz Republic".

Having heard information of the judge-speaker Sooronkulova K. S., 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:

The citizen Isaev A. M. addressed on September 26, 2013 to the Constitutional chamber of the Supreme Court of the Kyrgyz Republic (further - the Constitutional chamber). with the petition for recognition of Items 1-3 of part 1 of article 7-2 of the Law of the Kyrgyz Republic "About law-enforcement bodies of the Kyrgyz Republic", the subitem "b" of Item 94 of the Regulations on service by the ordinary and commanding structure of law-enforcement bodies of the Kyrgyz Republic, No. 281 approved by the order of the Government of the Kyrgyz Republic of July 23, 2007 (further - Regulations on service in law-enforcement bodies), contradicting part of 1 Article 1, speak rapidly 2 Articles 16, of part 2 Articles 20, to parts 1 and 2 of article 53 of the Constitution of the Kyrgyz Republic.

In reasons for the requirements Isaev A. M. specified that he served in law-enforcement bodies as the inspector of the 2nd intelligence agency of the Ministry of Internal Affairs of the Kyrgyz Republic in the militia major's rank. The order of the Minister of Internal Affairs of the Kyrgyz Republic of October 15, 2007 Isaev A. M. it was transferred to the reserve in connection with age achievement of limit according to the subitem "b" of Item 94 of the Regulations on service by the private and the commanding structure of law-enforcement bodies. The decision of board of the Ministry of Internal Affairs of the Kyrgyz Republic D No. 22 of km / 1 of September 15, 2007 formed the basis to the publication of the order.

According to Isaev A. M., the management of the Ministry of Internal Affairs of the Kyrgyz Republic owed extend to it service life as, according to the conclusion of the Military-medical commission, it was acknowledged suitable for military service, and, moreover, his immediate superior petitioned before the Minister of Internal Affairs of the Kyrgyz Republic for prolongation of service life to Isaev A. M for one year in connection with insufficiency of service length (9 months) for calculation of length of service.

The petition of the applicant was accepted determination of board of judges of the Constitutional chamber of November 4, 2013 to production.

In the initial petition Isaev A. I. in reasons for the line item about illegality of Items 1 - 3 parts 1 of article 7-2 of the Law of the Kyrgyz Republic "About law-enforcement bodies of the Kyrgyz Republic", the subitem "b" of Item 94 of the Regulations on service gave arguments that dismissal in connection with age achievement of limit is discrimination on age in law-enforcement bodies, limits its rights and, therefore, contradicts parts 1 and 2 of article 16 of the Constitution of the Kyrgyz Republic. Moreover, according to the applicant, its rights are limited to provisions of subordinate regulatory legal act (in this case - Regulations on service in law-enforcement bodies) that does not correspond to part 2 of article 20 of the Constitution of the Kyrgyz Republic. The applicant called in question compliance of the disputed regulations to parts 1 and 2 of article 53 of the Constitution of the Kyrgyz Republic as as a result of dismissal he lost the right to long service pension.

During preparation of case for consideration it was determined that the Regulations on service by the ordinary and commanding structure of law-enforcement bodies voided according to the order of the Government of the Kyrgyz Republic of December 4, 2009 No. 738.

In this regard, the applicant changed the requirements and asked to recognize unconstitutional the subitem "b" of Item 106 of the Regulations on service by the ordinary and commanding structure of law-enforcement bodies of the Kyrgyz Republic, No. approved by the order of the Government of the Kyrgyz Republic of June 20, 2013 360, similar in sense and content with earlier disputed regulation of the invalid Regulations on service in law-enforcement bodies approved by the order of the Government of the Kyrgyz Republic of December 4, 2009.

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