06.01.2021

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 interpretation of Article 483 of the Code on Administrative Offenses of the Republic of Azerbaijan in connection with Article 208 of the Criminal Code of the Republic of Azerbaijan

Having heard the report of Judge K. Shafiyev, studied and discussed written reports of representatives of interested parties - Judge of Sumgait city Court  F.Aliyev, Head of the administrative legislation sector of Department of State Building, Administrative and Military Legislation of the Milli Majlis K.Pashayev, specialist – Chairman of the Criminal Board of Supreme Court H.Nasibov and Chairman of the Criminal Board of Court of Appeal Sumgait city V.Jafarov, and also with the opinion of the expert - Associate Professor of Criminal Law and Criminology Board of Baku State University M.Bayramov, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that, in accordance with the requirements of part VIII of Article 71 of the Constitution of the Republic of Azerbaijan, Article 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as Articles 1.3 and 3 of the Criminal Code of the Republic of Azerbaijan, a person may not be prosecuted under Article 208 of this Code as no criminal liability has been established for non-return of considerably or significant amounts of foreign currency funds that received by an individual as a result of foreign economic activity and is a subject to compulsory transfer to the accounts of authorized banks of the Republic of Azerbaijan.

It was recommended to the Milli Majlis of the Republic of Azerbaijan to establish without delay criminal liability for non-return of considerably or significant amounts of foreign currency funds that received by an individual as a result of foreign economic activity.

Until the Milli Majlis of the Republic of Azerbaijan makes relevant amendments to Article 208 of the Criminal Code of the Republic of Azerbaijan in accordance with the legal position reflected in the descriptive and substantiating part of this Decision, an individual who fails to ensure the return of considerably or significant amounts of foreign currency funds that received as a result of foreign economic activity may be held administratively liable, taking into account the requirements of Article 483 of the Code of Administrative Offenses of the Republic of Azerbaijan.

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.