15.09.2023
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 application of the Shirvan Court of Appeal on interpretation of
Article 272.3 of the Code of Administrative Offenses of the Republic of
Azerbaijan in connection with Articles 27.1, 152 and 153 of that Code.
Having heard the report of Judge S.Salmanova, studied and
discussed report of interested party – Shirvan Court of Appeal and Staff
of the Milli Majlis (Parliament); conclusions of specialists – the Supreme Court of the Republic
of Azerbaijan, the Bar Association of the Republic of Azerbaijan,
opinion of expert – professor of the Department of Constitutional Law of the
Faculty of Law of Baku State University, doctor of law S.Aliyev, the Plenum of
Constitutional Court of the Republic of Azerbaijan adopted decision.
The decision states that in accordance with the legal
essence of Article 27.1 of the Code of Administrative Offenses of the Republic
of Azerbaijan, which regulates the bases of application of special rights, the
imposition of administrative punishment in the form of restriction of the right
to hunt to a person who is guilty of a gross violation of the hunting rules
provided for in Article 272.3 of the Code of Administrative Offenses of the
Republic of Azerbaijan, is possible only if that person has such a special
right (the right to hunt).
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.