The Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held its regular session via the procedure of special proceeding.

At session was examined the constitutional case submitted by Court of Appeal of Sheki city on interpretation of Article 38.1 of the Code of the Republic of Azerbaijan on Administrative Offences from the point of view of terms of the period of administrative penalties for administrative offences provided for in Article 430.4 of the Code.

Having heard the report of Judge C.Qaracayev, the reports of the subjects interested in special constitutional proceedings, conclusions of expert, examined the materials of the case, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that the courts, when determining the commission of an act provided for in Article 430.4 of the Code of Administrative Offences of the Republic of Azerbaijan, shall take into account that in case, within the term established by the “Rules of Conduct of Operations of Residents of the Republic of Azerbaijan in Foreign Currency, as well as non-residents - in national and foreign currency”, goods are not imported, works have not been performed or services have not been rendered, and the amount paid has not been returned, then the next day is considered as the day of administrative offence. At the same time under Article 38.1 of Code of Administrative Offences, administrative penalties may be imposed no later than three months after the date of the commission of the administrative offence.

When applying the liability measures provided for in Article 430.4 of Code of Administrative Offences, the courts must establish the guilt of the person who committed the administrative offence, in accordance with the requirements of Code of Administrative Offences, and consider these cases, strictly observing the deadlines provided for in Article 111.1 of the 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.