23.06.2022

Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held a session.

At the court session was examined the constitutional case based on the inquiry submitted by the Prosecutor’s Office of the Republic of Azerbaijan on related interpretation of Article 35-1 of the Law of the Republic of Azerbaijan “On Road Traffic” in connection with Article 33 of the same Law, Article 263-1 of the Criminal Code of the Republic of Azerbaijan and Article 332 of the Code of Administrative Offenses of the Republic of Azerbaijan

Having heard the report of Judge H.Afandiyeva, studied and discussed reports of representatives of interested parties – Chief of the Department of Legal Support and Head of Department of State Building, Administrative and Military Legislation of Milli Majlis (Parliament) H.M.Seyid, conclusions of specialists – Judge of the Court of Appeal of Baku city H.Mammadov, Head of the Main Department of the State Migration Service A.Khudiyev, Ministry of Internal Affairs and the Bar Association and opinion of expert – associate professor of the Department of Constitutional Law, Faculty of Law, Baku State University S.Aliyev the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that in accordance with international agreements in the field of traffic regulation, to which the Republic of Azerbaijan is a party to, citizens of the Republic of Azerbaijan and persons, having received a temporary or permanent residence permit in the Republic of Azerbaijan, having a non-expired driver's license issued by a competent authority of a foreign state, in case of non-compliance with the relevant requirements of Article 35-1 of the Law of the Republic of Azerbaijan "On Road Traffic," on the basis of Part V of Article 33 of this Law are considered the persons, not having the right to drive vehicles as the persons with limited rights.

To recommend to the State Migration Service of the Republic of Azerbaijan to inform persons who have received permission to temporarily or permanently reside in the Republic of Azerbaijan about the legal consequences of non-compliance with the requirements of Article 35-1 of the Law of the Republic of Azerbaijan "On Road Traffic."

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.