The Plenum of the Constitutional Court of the Republic of Azerbaijan held a regular session

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2021 Dec

01.12.2021

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 Sumgait city Court on related interpretation of Articles 132.1.2 and 53 of the Code of Administrative Procedure of the Republic of Azerbaijan.

Having heard the report of Judge R.Ismaylov, studied and discussed reports of representatives of interested parties – judge of the Sumgait city Court F.Aliyev and Head of the Military Legislation Sector of the Department of State Building, Administrative and Military Legislation of Milli Majlis T.Sheyh-Zamanov, conclusions of specialists judge of the Criminal Board of Supreme Court Sh.Yusifov and Chairman of the Criminal Board of Court of Appeal of Baku city E. Rahimov, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that the provision of Article 132.1.2 of the Code of Administrative Offenses of the Republic of Azerbaijan “cases of rejection of proceedings on administrative offenses” includes only the cases specified in Article 53 of this Code, which reject the proceedings without considering the merits of the case and evaluating the evidence.

In accordance with the legal position reflected in the descriptive and substantiating part of this Decision, issues related to the appeal or protest against the decision on the administrative offense case shall be resolved based on similar norms of criminal procedure legislation.

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.