27.12.2022

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 application lodged by the Court of Appeal of Baku city on interpretation of Article 2.1.5 of the Law of the Republic of Azerbaijan "On State Compulsory Personal Insurance of Military Servicemen" in terms of Articles 1151.1, 1152, 1243, 1255 and 1321 of the Civil Code of the Republic of Azerbaijan.

Having heard the report of Judge S.Salmanova, studied and discussed reports of representatives of interested parties – Chairman of the Civil Board of the Court of Appeal of Baku city, Head of the State Building, Administrative and Military Legislation Department of the Milli Majlis (Parliament) H.M.Seyid; conclusions of specialists – Supreme Court of the Republic of Azerbaijan, member of the Bar Association of the Republic of Azerbaijan D.Novruzov; opinion of expert – Associate Professor of the Department of Civil Law, Faculty of Law, Baku State University, Ph.D. in Law S.Suleimanli and Associate Professor of the Department of Civil Process and Commercial Law, Ph.D. in Law M.Yolchiev, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that the clause "heir" of Articles 2.1.5 and 4-1.3 of the Law of the Republic of Azerbaijan "On State Compulsory Personal Insurance of Military Servicemen", refers to the family members of the insured (persons in military service and military officials attending reserve training).

Since the insurance payment provided for in the Law of the Republic of Azerbaijan "On State Compulsory Personal Insurance of Military Servicemen" is not included in the insured's inheritance, the application of the clause "document confirming the right of inheritance" of Article 7, Part 1, Clause a) of that Law, which was in force until January 1, 2022, in relation to the family members of the insured (persons in military service and military officials attending reserve training) is excluded

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.