29.11.2024

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 inquiry of the Prosecutor's Office of the Republic of Azerbaijan on interpretation of the concept of "apartment" reflected in Article 157 of the Criminal Code of the Republic of Azerbaijan in terms of the right to inviolability of home stipulated in Article 33 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge K.Shafiyev, studied and discussed the reports of interested parties – Prosecutor's Office of the Republic of Azerbaijan and Staff of the Milli Majlis (Parliament), Criminal Chamber of the Supreme Court, Criminal Chamber of the Baku Court of Appeal and the Bar Association, opinion of expert – Head of the Department of Criminal Law and Criminology, Faculty of Law, Baku State University, Doctor of Law, Professor Sh.Samadova, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that proceeding from the essence and purpose of the right to inviolability of housing stipulated in Article 33 of the Constitution of the Republic of Azerbaijan, when referring to "apartment" in terms of Article 157 of the Criminal Code, in accordance with the legal positions reflected in the descriptive-substantiating part of this Decision of the Plenum of the Constitutional Court, a dwelling is understood as a place of residence used for living by one or more persons, regardless of permanent or temporary residence and form of ownership, ensuring personal life (its privacy) and isolated from other areas.

If a yard plot, as well as areas adapted for living, although not intended for residential use, are used as a place for personal and family life in accordance with the criteria reflected in the descriptive-substantiating part of this Decision of the Plenum of the Constitutional Court, entering that area against a person's will may result in criminal liability under Article 157 of the Criminal Code.

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.