28.11.2022

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 inquiry filed by the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan on verification of compliance of Article 4.0.1.13 of the Law of the Republic of Azerbaijan "On social benefits" with Parts II and III of Article 25, 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 and Analytical Sector of the Administrative Office of the Ombudsman of the Republic of Azerbaijan M.Mamedov, Head of the Department of Social Legislation of the Milli Majlis (Parliament) of the Republic of Azerbaijan A.Veliev; conclusions of specialists – the Ministry of Labor and Social Protection of the Population of the Republic of Azerbaijan, the Administrative Board of the Supreme Court of the Republic of Azerbaijan and the State Committee of the Republic of Azerbaijan on Family, Women and Children Affairs; opinion of expert – Professor of the Department of Labor and Environmental Law, Faculty of Law, Baku State University, Doctor of Law, M.Aliyev, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that the provision on the granting of benefits to women with more than five children provided for by Article 4.0.1.13 of the Law of the Republic of Azerbaijan "On social benefits," does not contradict to Parts I and III of Article 38 of the Constitution of the Republic of Azerbaijan.

In order to bring Articles 4.0.1.13 and 7.0.10-3 of the Law of the Republic of Azerbaijan "On Social Benefits," into compliance with Parts II and III of Article 25, Parts I and III of Article 149 of the Constitution of the Republic of Azerbaijan, to recommend to the Milli Majlis (Parliament) of the Republic of Azerbaijan to make appropriate amendments to the legislation regarding fathers raising more than five children alone.

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.