24.11.2021

Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held a 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 135.1.5 and 135.2 of the Code of Administrative Offenses of the Republic of Azerbaijan.

Having heard the report of Judge I.Najafov, studied and discussed reports of representatives of interested parties – judge of the Sumgait city Court F.Aliyev and Deputy Head of the Department of State Building, Administrative and Military Legislation of Milli Majlis (Parliament) E.Askerov, conclusions of specialists – judge of the Criminal Board of Supreme Court Sh.Yusifov, Chairman of the Criminal Board of Court of Appeal of Baku city E. Rahimov and Chief of the Department of Legal Support and Human Rights of the Prosecutor General's Office A.Osmanova, Chief Adviser of the Office of Administrative and Military Normative Acts of the Main Department of Legislation of the Ministry of Justice U.Yusifli, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

In accordance with Article 6 of the Code of Administrative Offenses of the Republic of Azerbaijan, the subject of consideration of an appeal against a decision of an authorized body (official) or a decision of court on an administrative offense case is limited to that decision.

According to the meaning of Article 135.2 of the Code of Administrative Offenses of the Republic of Azerbaijan, judge or an authorized body (official) examining a complaint or protest against an administrative offence decision may adopt a decision that worsens the situation of the person against whom the decision was made, only if there is a complaint of the victim, official specified in Article 43.2 of this Code, or a protest of the prosecutor.

When reviewing a decision taken on the basis of a complaint by the person in charge of an administrative offence, a decision that worsens his/her situation is not allowed.

When the relevant authorities decide to impose an administrative penalty, the general rules for imposing an administrative penalty, as well as the legal positions formed in the relevant decisions of the Plenum of the Constitutional Court of the Republic of Azerbaijan, must be strictly observed.

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.