Judicial executor of the Osh city department of the judicial enforcement service, Zhetibek Esenbaev, commented to Turmush that "Our enforcement document remains in force. We previously sent letters to the claimant [the party that acted as the plaintiff in the court case and won it] — the Osh regional department of state architectural and construction control [GASK] — requesting the provision of equipment. According to the law, if the claimant obstructs the execution by their actions or inaction, the enforcement document may be returned. We set a date for execution, notified all parties, but on the appointed day, no one from the claimant (GASK) arrived, nor did any representative or specialist. Moreover, we received no response to our letters," Esenbaev reported.
Subsequently, the enforcement order was returned to the Osh department of architectural and construction control. By law, the agency has the right to resend it to the judicial executors. "The enforcement order has been returned to the claimant, but it has not been terminated — it remains in effect. If the department sends it back to us, we are ready to continue the procedure. However, the claimant must take specific actions; otherwise, execution is impossible," the judicial executor informed.
According to Zhetibek Esenbaev, a letter demanding voluntary compliance with the court's decision was sent to the management of the "Manas-Ata" café, but the owners did not take any steps. "Since the owner did not comply with the decision voluntarily, we are obliged to organize forced demolition. For this, we summon the parties and set a date for the work. At the same time, the law does not provide for us to independently conclude contracts for equipment, so we send the claimant a proposal to provide the necessary equipment for the execution of the court's decision," Esenbaev explained.
At the same time, the head of the Osh city department of state architectural and construction control, Orunbek Beishbaev, stated that their agency also does not have the authority to provide equipment. "We do not have the legal authority to allocate equipment. If we do this, it will be regarded as an abuse of official powers," Beishbaev explained.
Earlier, all three judicial instances issued decisions regarding the demolition of the "Manas-Ata" café and the restoration of the site to its previous state. Representatives of the café appealed to the court to suspend the actions of the judicial executors; however, as Zhetibek Esenbaev reported, the three judicial instances rejected their complaints.
Turmush reported in January 2024 that the Supreme Court upheld the decision regarding the "Manas-Ata" restaurant in the city of Osh.
According to the press service of the Supreme Court, the decision of the Osh city court dated July 5, 2023, and the ruling of the Osh regional court's civil and economic affairs panel dated September 27, 2023, were upheld.
The Supreme Court made its decision on January 17, 2024.
Earlier, the city department of architectural and construction control filed a lawsuit against citizen Yuldashbay Nematov. In the lawsuit, the city administration demanded to obligate the use of the building at 152 A. Shakirov Street in the territorial administration of Kurmanjan-Datka for the profile for which permits were originally obtained in architecture.
According to the Osh city department of architectural and construction control, the building operated as a café without obtaining the necessary architectural permits.
The deputy head of the architectural and construction control department, Zalkar Azimov, previously reported that a lawsuit was filed demanding that this facility function according to its intended purpose (the department wants to change the profile of the facility through the court – from a restaurant to a residential building.
As reported by Turmush, the press service of the Osh regional court stated that the Osh city court's decision partially satisfied the lawsuit of the Department of State Architectural and Construction Supervision under the State Agency for Architecture, Construction, and Housing and Communal Services under the Cabinet of Ministers against defendants Yuldashbay Nematov and Gulzhan Isakova for the forced demolition of the illegally constructed facility, as well as for restoring it to its original state.
History of the building where the "Manas-Ata" restaurant opened
According to the decision of the Osh city court, the illegally constructed building with a total area of 1,727.3 square meters at 152 A. Shakirov Street, belonging to the municipal territorial administration No. 6 of Kurmanjan-Datka, was ordered to be demolished at the expense of Yuldashbay Nematov and Gulzhan Isakova.
The Osh regional court upheld the decision of the Osh city court on September 27, 2023.
