12.05.2023

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

At the court session was examined the constitutional case based on the request of the Prosecutor's Office of the Republic of Azerbaijan on related interpretation of Articles 50.2, 59.1, 357.1 and 357.2 of the Civil Procedure Code of the Republic of Azerbaijan in connection with Articles 248.3 of the Criminal Procedure Code of the Republic of Azerbaijan and 41.3 of the Family Code of the Republic of Azerbaijan.

Having heard the report of Judge R.Gvaladze, studied and discussed report of interested party – Prosecutor General and Administrative Office of the Milli Majlis (Parliament); conclusions of specialist – Civil Board of the Supreme Court, Court of Appeal of Baku city, Bar Association; opinion of expert – associate professor, Department of Civil Procedure and Commercial Law, Faculty of Law, Baku State University, Doctor of Philosophy in Law M.Yolchiyev, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that according to the requirements of Articles 50, 59 and 306 of the Civil Procedure Code of the Republic of Azerbaijan, if there is an appropriate appeal from state bodies and organizations or legal entities, the founders of which are state or state body, or an organization, the prosecutor may act in civil proceedings as a plaintiff or applicant.

In accordance with Article 357 of the Civil Procedure Code of the Republic of Azerbaijan, the prosecutor can file a protest against court acts only in the cases specified in Articles 50 and 306 of that Code, if he/she is a plaintiff or applicant in the trial.

According to articles 248.3 of the Criminal Procedure Code of the Republic of Azerbaijan and 41.3 of the Family Code of the Republic of Azerbaijan, as well as the legal positions formed by the Plenum of the Constitutional Court of the Republic of Azerbaijan in the previous and current decisions, the court decision on compulsory and gratuitous confiscation of property as a special confiscation criminal-legal measure must be executed despite the existence of the ruling adopted in civil court proceedings regarding that property.

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.