01.10.2020

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 Balakan District Court on interpretation of Article 34 of the Code on Administrative Offences of the Republic of Azerbaijan.

Having heard the report of Judge C. Qaracayev, studied and discussed written assertions of representatives of interested parties – Judge of Balakan District Court Zamin Tahirov, Head of Sector of the Department for Administrative and Military Legislation of Milli Majlis of the Republic of Azerbaijan Kamalya Pashayeva, specialists – Chairman of the Judicial Board on Criminal Cases of Supreme Court Hafiz Nasibov and Chairman of the Judicial Board on Criminal Cases of the Court of Appeal of Baku city Elmar Ragimov, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

Decision states that at examination of cases of several administrative offences committed by a person at the same time or at different times within the competence of different bodies, according to Article 34.1 of the Code of Administrative Offenses of the Republic of Azerbaijan, administrative punishment is determined by the relevant competent authorities for each administrative offence separately.

Article 34.2 of the Code of Administrative Offenses of the Republic of Azerbaijan defines the general procedure for the formation of a set of administrative offences committed by a person at the same or different times and within the competence of the same body and provides for their examination on the basis of protocols on administrative offences at the same time, regardless of whether they were committed at the same or different times.

Article 34.3 of the Code of Administrative Offenses of the Republic of Azerbaijan indicates that in the case where the handling of several administrative offences committed by a person by his actions (inaction) at the same time falls within the competence of the same body, the person is subject to a penalty within the framework of the sanction established for the most serious offence.

According to Article 34.4 of the Code of Administrative Offenses of the Republic of Azerbaijan if the examination of cases of several administrative offences committed by a person by his/her actions (inaction) at different times falls within the competence of the same body, then according to Article 34.2 of this Code, these cases should be considered at the same time.

At examination of such cases, it is necessary to take into account the punishment imposed for each administrative offense, the imposed punishment should not exceed the limits set forth in articles 25.4, 27.1, 28.3, 29.3 and 30.1.

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.