29.01.2021

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 Balakan District Court on interpretation of Article 206.2 of the Criminal Code of the Republic of Azerbaijan.

Having heard the report of Judge S.Hasanova, studied and discussed written reports of representatives of interested parties – Judge of the Balakan District Court Z.Tahirov, Head of the Legislative sector on human rights of Department of State Building, Administrative and Military Legislation of the Milli Majlis S.Sadiqov, written opinions of specialist – Chairman of the Criminal Board of the Supreme Court H.Nasibov, Judge of the Court of Appeal of Baku city I.Murguzov and representative of the Prosecutor General's Office O.Isayev, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that, a person who illegally passes drugs or psychotropic substances under the customs control of the Republic of Azerbaijan and illegally holds and carries drugs or psychotropic substances in excess of personal consumption without the purpose of sale, as provided for in Article 206.2 of the Criminal Code of the Republic of Azerbaijan is subject to criminal liability under Articles 206.2 and 234.1 of the Criminal Code of the Republic of Azerbaijan.

Smuggling of drugs or psychotropic substances outside the customs border of the Republic of Azerbaijan, outside the customs control or secretly, or by fraudulent use or non-declaration or misrepresentation of documents or means of customs identification, regardless of the amount of personal consumption without the purpose of sale is the basis for criminal liability provided for in Article 206.2 of the Criminal Code of the Republic of Azerbaijan.

Approved by the Law of the Republic of Azerbaijan of June 28, 2005 “Lists for the amount of narcotic drugs and psychotropic substances sufficient to prosecute a person, as well as their quantity” do not apply in connection with Article 206.2 of the Criminal Code 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.