07.02.2022

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 the inquiry filed by the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan on verification of conformity of Article 9.6 of the Law of the Republic of Azerbaijan “On Labor Pensions” with Part I of Article 13, Article 25, Parts I and IV of Article 29, Parts I and III of Article 38, Parts I and III of Article 149 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge I.Najafov, studied and discussed reports of representatives of interested parties – Head of the Scientific-Analytical Sector of the Ombudsman's Office M.Mammadov and Head of the Social Legislation Department of the Office of the Milli Majlis (Parliament) A.Valiyev, Ministry of Labor and Social Protection, opinion of experts – Professor of the Department of Labor and Environmental Law, Faculty of Law, Baku State University, Doctor of Law M.Aliyev and teacher of the same department F.Aliyeva, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that in accordance with the requirements of Article 9.6 of the Law of the Republic of Azerbaijan "On Labor Pensions" from the date of application for recalculation of pensions of labor pensioners who continue their military service after the appointment of labor pension is carried out only for insurance pension capital registered in individual accounts. The supplement to the service pension of military personnel for the length of service is determined on the basis of the last monetary allowance appointed at the first dismissal from military service.

Article 37.3.1 of the Law of the Republic of Azerbaijan "On Labor Pensions" defines the rules for the recalculation of pensions for all persons entitled to an old-age pension, as well as for military personnel who have retired on preferential terms but continue to work in another area.

Article 9.6 of the Law of the Republic of Azerbaijan "On Labor Pensions" does not contradict to Part I of Article 13, Article 25, Parts I and IV of Article 29, Parts I and III of Article 38, Parts I and III of Article 149 of the Constitution 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.