30.12.2022

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 request lodged by the Prosecutor's Office of the Republic of Azerbaijan on interpretation of paragraph 1 of the "Note" part of Article 259 of the Criminal Code of the Republic of Azerbaijan and Article 314 of the same Code in terms of Articles 8 and 9 of the Law "On Protection of Greenery".

Having heard the report of Judge K.Shafiyev, studied and discussed reports of representatives of interested parties – General Prosecutor's Office of the Republic of Azerbaijan and Head of the State Building, Administrative and Military Legislation Department of the Milli Majlis (Parliament) H.M.Seyid; conclusions of specialists – judge of the Supreme Court A.Novruzov, Chairman of the Criminal Board of the Court of Appeal of Baku city E.Rahimov, Head of the Legislative Department of the Ministry of Justice A.Aliyev, Ministry of Ecology and Natural Resources, Ministry of Agriculture, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that greenery consisting of plants used for the production of agricultural products on allotment lands given to citizens for agricultural purposes is covered by paragraph 1 of the "Note" part of Article 259 of the Criminal Code of the Republic of Azerbaijan and the cutting (removal) of greenery (crops) consisting of plants used only for the production of agricultural products on those lands cannot be considered a basis for criminal liability.

Seizure of green spaces on land plots of industrial, transport, communications and other purposes, which are privately owned by individuals and legal entities, as well as on the lands of settlements (except for green spaces on privately owned household and garden plots and green spaces used for agricultural production) can be carried out by decision of authorized state bodies in accordance with regulatory legal acts (municipalities).

The issuance of a construction permit by the relevant executive body in compliance with the requirements provided for by Articles 57, 83.0.6 and 85.4 of the Urban Planning and Construction Code of the Republic of Azerbaijan excludes the occurrence of criminal liability in the event of cutting (removal) of green spaces in order to carry out construction work in this territory.

Within the meaning of Articles 8 and 9 of the Law of the Republic of Azerbaijan "On Protection of Green Spaces," in relation to green spaces on land plots in municipal ownership, municipalities have the authority to prevent offenses, as measures to protect green spaces.

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.