12.06.2020
The Plenum of the
Constitutional Court of the Republic of Azerbaijan, chaired by Farhad
Abdullayev, held its regular session via the procedure of special proceeding.
At the session,
Constitutional Court examined the complaint of N.Salimov on the compliance of
the decision of the Supreme Court of the Republic of Azerbaijan of March 19,
2019 with the laws and Constitution of the Republic of Azerbaijan.
Having heard the report
of Judge K.Shafiyev, report of counsel – Kamandar Nasibov, experts opinion – Senior
Advisor of the Department for Administrative and Military Legislation of Milli Majlis
of the Republic of Azerbaijan Kamalya Pashateva and judge of the Court of
Appeal of Baku city Gadim Babayev, examined the materials of the case, the
Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.
The decision states
that decision of the Supreme Court of the Republic of Azerbaijan of March 19,
2019 is not in conformity with Article 60.1 of the Constitution of the Republic
of Azerbaijan and thereby considered as null and void. The case should be
re-examined in accordance with legal positions indicated in decision of
Constitutional Court, in the manner and term specified by the civil procedure legislation
of the Republic of Azerbaijan.
According to Article
408.3 of Criminal Procedure Code of the Republic of Azerbaijan for lodging an appeal
by a person not involved in the participation in a criminal case whose
interests are affected by a verdict or other final court decision, the
beginning of the periods specified in Article 410.1 of this Code shall be
calculated from the day when the person knows or should know that his/her
rights have been violated.
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.
