13.05.2026

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 the related interpretation of Articles 53.1.7 and 139 of the Code of Administrative Offenses with Articles 141.1.3 and 142 of the Criminal Procedure Code, in light of Part VII of Article 125 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge F.Tutayuk, studied and discussed the reports of interested parties – the Prosecutor's Office of the Republic of Azerbaijan and the Staff of the Milli Majlis (Parliament), the conclusions of specialists – Supreme Court, Baku Court of Appeal, Center for Legal Examination and Legislative Initiatives, and Bar Association, opinion of experts –  Senior Lecturer, Department of Constitutional Law, Faculty of Law, Baku State University, Ph.D. in Law G. Jabi, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that based on the legal positions established in previous decisions of the Plenum of the Constitutional Court and in this Decision, the prejudicial effect of court decisions that have entered into legal force regarding an administrative offense case is limited to the scope of persons in respect of whom decisions have been made.

Requirements of Part X of Article 71 of the Constitution of the Republic of Azerbaijan and Articles 18.6 and 18.7 of the Code of Administrative Offenses of the Republic of Azerbaijan:

- the drawing up of a protocol on an administrative offense (a decision to initiate proceedings regarding an administrative offense) against a legal entity—and its submission to the court for examination – in connection with the same administrative offense incident, following the adoption of a decision by competent authorities against an official regarding the administrative offense;

- It precludes the drafting and simultaneous submission – regarding the same administrative offense – of decisions to initiate administrative proceedings to both the court (in the case of a legal entity) and the competent authority (in the case of an official).

Pursuant to Articles 18.3, 18.6, and 18.7 of the Code of Administrative Offenses, where there are sufficient grounds to establish the elements of an administrative offense in the actions of both a legal entity and an official – who acted or failed to act for the benefit or in the interest of said legal entity regarding the same administrative offense – protocols concerning the administrative offense (decisions to initiate proceedings on the administrative offense case) may be drawn up against both subjects simultaneously and submitted to the court for examination.

In such cases, in order to ensure a complete and objective investigation of the case of an administrative offense, the expectation of the principle of procedural economy and the prevention of conflicting decisions, the issues of administrative responsibility of a legal entity and an official should be examined in the courts in the same proceeding.

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.