24.06.2025

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 Baku Court of Appeal and Goychay District Court on interpretation of Article 232 of the Civil Procedure Code of the Republic of Azerbaijan in terms of Parts I of Articles 60 and 129 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge C.Qaracayev, studied and discussed the reports of interested parties – Baku Court of Appeal, Goychay District Court and Staff of the Milli Majlis (Parliament), the conclusions of specialists – Supreme Court, Azerbaijan Banks Association and Expert Group on Legal Issues operating under the Central Bank, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that, proceeding from Parts I of Articles 60 and 129 of the Constitution of the Republic of Azerbaijan, under Article 232 of the Civil Procedure Code of the Republic of Azerbaijan, the parties may, after the court decision enters into legal force, apply to the court with an application regarding the indexation of the amount of money to be withheld under that decision during the period until its full payment.

The appropriate indexation of the amounts of money to be withheld during the execution of a court decision must be carried out in accordance with the indexation rules established by the Law of the Republic of Azerbaijan “On Indexation of Monetary Income and Savings of Citizens in the Republic of Azerbaijan” by analogy with the law.

In accordance with Article 439.1 of the Civil Code of the Republic of Azerbaijan, in cases where the monetary obligation under the contract is stipulated to be performed in foreign currency, the implementation of appropriate indexation of the amounts of money to be withheld during the execution of the resolution is excluded.

If it is decided to calculate the amount received or paid as a result of the consideration of claims related to monetary claims made in foreign currency at the manat exchange rate on the date of execution of the resolution, it should be considered possible to implement appropriate indexation of the amounts to be withheld during the execution of the resolution.

Based on the principle of legal certainty and the legal positions reflected in the descriptive-substantiating part of this Decision of the Plenum of the Constitutional Court of the Republic of Azerbaijan, it is recommended to the Milli Majlis of the Republic of Azerbaijan to improve the regulation of relations related to the implementation of indexation by courts under Article 232 of the Civil Procedure Code of the Republic of Azerbaijan.

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.