28.01.2022

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 Court of Appeal of Baku city on interpretation of Article 109-1.1 of the Civil Code of the Republic of Azerbaijan in connection with Articles 110.1 and 110.3 of the Housing Code of the Republic of Azerbaijan.

Having heard the report of Judge S.Salmanova, studied and discussed reports of representatives of interested parties – Judge of Court of Appeal of Baku city I.Shirinov and Head of the Department of Milli Majlis (Parliament) M.Baziqov, conclusions of specialists – Chairman of the Civil Board of Supreme Court S.Hajiyev, Deputy Head of the State Tax Service under the Ministry of Economy S.Musayeva, opinion of experts – Associate Professor of Civil Law, Baku State University, Doctor of Philosophy in Law S.Suleymanli, Associate Professor of Civil Procedure and Commercial Law, Doctor of Law A.Mirzayeva the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that in accordance with Article 58 of the Constitution of the Republic of Azerbaijan, Articles 109-4.1.1 and 112.1 of the Civil Code of the Republic of Azerbaijan, members of a cooperative have the right to enter cooperative and voluntarily withdraw from cooperative on a voluntary basis in accordance with the legislation.

The provisions of Article 109-1.1 of the Civil Code of the Republic of Azerbaijan “a cooperative is established by not less than five individuals and (or) legal persons” and Article 110.1 of the Housing Code of the Republic of Azerbaijan “the number of members of a housing cooperative may not be less than five” is a general requirement for the establishment and activity of a cooperative in its legal form. A legal person with less than five members may not be established or continue its activity in the form of a housing cooperative.

In accordance with Article 111.3.3 of the Civil Code of the Republic of Azerbaijan, the acceptance and dismissal of members of the cooperative is the exclusive competence of the general meeting of members, and this authority includes the removal of a cooperative member if he or she has a voluntary will.

If the goal set during the establishment of the cooperative is achieved, according to Article 109.5 of the Housing Code of the Republic of Azerbaijan, necessary measures must be taken in accordance with the legislation on State registration of legal entities by deciding on the liquidation of the cooperative or its transformation into a joint society of apartment owners.

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.