01.12.2021
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 132.1.2 and 53 of the Code of Administrative Offenses of the Republic of Azerbaijan.
Having
heard the report of Judge R.Ismaylov, studied and discussed reports of
representatives of interested parties – judge of the Sumgait city Court
F.Aliyev and Head of the Military Legislation Sector of the Department of State
Building, Administrative and Military Legislation of Milli Majlis (Parliament) T.Sheyh-Zamanov, conclusions
of specialists judge of the Criminal Board of Supreme Court Sh.Yusifov and
Chairman of the Criminal Board of Court of Appeal of Baku city E. Rahimov, Plenum of Constitutional Court of the
Republic of Azerbaijan adopted decision.
The decision states that the provision of Article
132.1.2 of the Code of Administrative Offenses of the Republic of Azerbaijan “cases
of rejection of proceedings on administrative offenses” includes only the cases
specified in Article 53 of this Code, which reject the proceedings without
considering the merits of the case and evaluating the evidence.
In accordance with the legal position reflected in the
descriptive and substantiating part of this Decision, issues related to the
appeal or protest against the decision on the administrative offense case shall
be resolved based on similar norms of criminal procedure legislation.
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.
