Constitutional Court to consider contradictions in Civil Code
The Constitutional Court of Kyrgyzstan accepted for consideration a petition to review the constitutionality of paragraph 6 of Article 222 of the Civil Procedure Code.
The subjects of the appeal believe that the challenged norm restricts the claimant’s right to judicial protection, since the court may leave the claim without consideration, if the claimant fails to appear at the court session once. In their opinion, this state of affairs is discriminatory in terms of legal status, since it applies only to the plaintiff.
As the applicants point out, the legislator’s logic when adopting the contested norm was to prevent red taping in the case, however, in fact, it delays the consideration even more in case of appealing against the court ruling on leaving the application without consideration, which is unfair and unjustified.
The subjects of the appeal ask to recognize this paragraph as contrary to the Constitution.
