The Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held its regular session via the written procedure of special constitutional proceedings.
At the court session was examined the constitutional case based on the request submitted by the Nasimi District Court of Baku city on interpretation of provision "at the place of residence of the complainant" of Article 129.1.3 of the Code on Administrative Offences of the Republic of Azerbaijan.
Having heard the report of Judge C. Qaracayev, studied and discussed written reports of representatives of interested parties - Judge of Nasimi District Court of Baku city B.Panahov, senior advisor of the Department of Public Service, Administrative and Military Legislation of Milli Majlis R.Jalilov, specialist – Judge of the Court of Appeal of Baku city, and also with the opinion of the expert - lecturer of the Department of Constitutional Law of Baku State University, Doctor of Philosophy in Law G. Jabi, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.
The decision states that, in accordance with the requirements of the Code on Administrative Offences of the Republic of Azerbaijan, the right to appeal a decision made at the preparatory stage of the examination of a complaint or protest in a case on administrative offence is excluded.
It was recommended to the Milli Majlis of the Republic of Azerbaijan to improve the rules of judicial jurisdiction established by Article 129.1.3 of the Code of Administrative Offences of the Republic of Azerbaijan.
Before the legislator amends Article 192.1.3 of the Code of Administrative Offences of the Republic of Azerbaijan, a complaint to the court against a decision of an authorized body (official) in accordance with the procedure established by Article 110.1 of the Code may be examined at the place of residence of the person who committed the administrative offence or in respect of which the decision was made.
In preparation for the examination of a complaint against a decision on administrative offence, territorial jurisdiction is determined by the place of residence indicated in the documents on the determination of the place of residence of the person in respect of whom the decision was made, reflected in Article 3 of the Law of the Republic of Azerbaijan "On Registration at the Place of Residence and Place of Stay," and (or) their electronic media.
The decision comes into force from the date of its publication, is final, and may not be cancelled, changed or officially interpreted by any institution or official.