THE LAW OF THE REPUBLIC
OF AZERBAIJAN
ON CONSTITUTIONAL COURT
CHAPTER I
GENERAL PROVISIONS
Article 1.
Basic Objectives and Designation of Constitutional Court
1.1 The Constitutional Court of the
Republic of Azerbaijan (hereinafter, Constitutional Court) shall be the supreme
body of constitutional justice on matters attributed to its jurisdiction by the
Constitution of the Republic of Azerbaijan
1.2. Basic objectives of Constitutional
Court shall be to ensure the supremacy of the Constitution of the Republic of
Azerbaijan and protect the fundamental rights and freedoms of each person.
Article 2. The
Legal Grounds for the Activity of Constitutional Court
The legal basis for the activity of
Constitutional Court shall be the Constitution of the Republic of Azerbaijan,
international agreements which Republic of Azerbaijan is a party to, present
Law, other laws and the Internal Charter of Constitutional Court.
Article 3.
Authorities of Constitutional Court
Authorities of Constitutional Court shall
be determined by part I of Article 84, Article 86, part I of Article 88, part 5
of Article 101, Article 102, part I of Article 103, part II and III of Article
104, Article 107, parts III-VII of Article 130, Articles 153 and 154 of the
Constitution of the Republic of Azerbaijan.
Article 4. Basic
Principles of Activity of Constitutional Court
The activity of Constitutional Court shall
be based on the principle of supremacy of the Constitution of the Republic of Azerbaijan
as well as principles of independence, collegiality and publicity.
Article
5. Independence of Constitutional Court
5.1. Constitutional Court shall be
the independent body of the state power and shall not depend in its
organizational, financial or any other form of activity on any legislative,
executive and other judicial bodies, local self-government bodies as well as
legal and physical persons.
5.2. Direct or indirect restriction of the
constitutional proceedings by any person or for any reason,
impact, threat and interference as well as contempt of the Court shall be
inadmissible and entail criminal responsibility in accordance with the
legislation of the Republic of Azerbaijan.
CHAPTER II
GROUNDS FOR ORGANIZATION
AND ACTIVITY
OF CONSTITUTIONAL COURT
Article 6. Composition
and Organization of Constitutional Court
6.1. According to part I of Article
130 of the Constitution of the Republic of Azerbaijan, the Constitutional
Court shall be composed of nine judges.
6.2. Constitutional Court shall
examine the cases at the sessions of Panels and Plenum.
6.3. Plenum of Constitutional Court shall
be composed of all judges of Constitutional Court.
6.4. Sessions of the Plenum of
Constitutional Court shall, as a rule, be convened by Chairman of
Constitutional Court and shall be held in accordance with procedure determined
by present Law and Internal Charter of Constitutional Court.
6.5. Sessions of the Plenum of
Constitutional Court shall be presided over by the Chairman or acting Chairman
of Constitutional Court.
6.6. Session of the Plenum of
Constitutional Court shall be authorized if not less than 6 Judges are present
thereat, if other cases are not provided for by present Law.
6.7. Composition of Chambers shall be
determined by the Chairman of Constitutional Court.
6.8. Procedure for organization of
Chambers, calling and convening of sessions shall be determined by the
Internal Charter of Constitutional Court.
6.9. Sessions of the Chambers shall be
authorized if not less than 3 Judges are present thereat.
6.10. Chairman and Deputy Chairman of
Constitutional Court cannot belong to the same Chamber.
6.11. Judges of Constitutional Court shall
preside over sessions of Chambers in turn. Such a sequence shall be determined
at the session of the Chamber.
Article 7. Matters
to be Examined at Sessions of the Panels and Plenum of Constitutional Court
7.1. Issues on admissibility of inquiries,
applications and complaints concerning the matters provided for in parts
III-VII of Article of the Constitution of the Republic of Azerbaijan shall be
examined at sessions of the Panels of Constitutional Court.
7.2. Inquiries, applications and
complaints found admissible by the Constitutional Court concerning the matters
provided for in parts III-VII of Article 130 of the Constitution of the
Republic of Azerbaijan shall be examined on the merits at the sessions of
Plenum of Constitutional Court.
7.3. Issues provided for in part I of
Article 84, Article 86, part I of Article 86, part I of Article 88, part V
of Article 101, Article 102, part II of Article 104, part III of Article 104,
Article 107 and Article 153 of the Constitution of the Republic of
Azerbaijan shall be immediately examined at sessions of Plenum of
Constitutional Court.
Article 8. Meetings of
Judges of Constitutional Court
8.1. There are meetings of judges of
Constitutional Court held in order to decide the issues on internal activity of
Constitutional Court and other issues, except for the ones examined at the
sessions of Constitutional Court.
8.2. Meetings of judges of Constitutional
Court shall be convened by Chairman of Constitutional Court. They can be
convened upon demand of any judge of Constitutional Court as well.
8.3. Meetings of judges of Constitutional
Court shall be authorized if not less than 6 judges are present thereat.
8.4. The following matters shall be
decided at the meetings of judges of Constitutional Court:
8.4.1. to adopt the Internal
Charter in order to organize the activity of Constitutional Court.
8.4.2. to confirm the specimen of the
official emblem of Constitutional Court, seal, robe, breastplate and
identification document
8.4.3. to make proposals concerning the
draft of the state budget for the maintenance of the activity of Constitutional
Court.
8.4.4. to make proposals concerning
consideration of a matter on premature termination of authorities of judge of
Constitutional Court in cases provided for by Article 23 of the present law.
8.4.5. to decide other organizational
matters.
8.5. Decisions on matters provided for in
Article 8.4 of the present law shall be adopted at the meetings of judges by
their majority.
Article 9. Symbols of
Constitutional Court
9.1. The State flag of the Republic of
Azerbaijan, State coat of arms of the Republic of Azerbaijan and the official
emblem of Constitutional Court shall be the symbols of Constitutional Court.
9.2 Judges of Constitutional Court shall
wear special uniform (robe) at the sessions of the Court and special official
clothing at the ceremony of adjuration of the President and other public
events.
Article 10. Location of
Constitutional Court
10.1. Constitutional Court shall be
located in Baku city.
10.2 Sessions of Constitutional Court
shall be held in the building of Constitutional Court. In case if for any
reasons the session of Constitutional Court cannot be held in the building of
Constitutional Court, the sessions may be held at another place following the
instructions of the Chairman of Constitutional Court.
10.3. Operation mode of the building of
Constitutional Court shall be determined by the Internal Charter of
Constitutional Court.
CHAPTER III
STATUS OF JUDGES OF
CONSTITUTIONAL COURT
Article
11. Requirements to be Met by Candidates for the Post of Judge of
Constitutional Court
11.1. According to part I of Article 126
of the Constitution of the Republic of Azerbaijan citizen of the Republic of
Azerbaijan not younger than 30, having voting right, higher juridical
education and at least 5-year work experience in the sphere of law can be judge
of Constitutional Court.
11.2. According to part II of Article 126
of the Constitution of the Republic of Azerbaijan judges may not occupy any
other posts, irrespective of the procedure – elections or appointment, may not
be involved in business, commercial and other payable activity, except
scientific, pedagogical and creative activity, may not be involved in political
activity and join political parties, may not get remuneration other than their
salary and money for scientific, pedagogical and creative activity.
Article 12. Appointment
of Judges of Constitutional Court
12.1. According to Article 130.2 of the
Constitution of the Republic of Azerbaijan judges of Constitutional Court shall
be appointed by the Milli Majlis of the Republic of Azerbaijan upon proposals
of the President of the Republic of Azerbaijan.
12.2. Constitutional Court may
commence implementation of its authorities upon appointment of not less than 7
judges.
Article 13. Oath
of Judge of Constitutional Court
13.1. On the day of appointment of the
Judge of Constitutional Court he/she shall take the following oath at the
session of the Milli Majlis of the Republic of Azerbaijan:
"I do swear to fulfill properly and
honestly the duties of the Judge of Constitutional Court, protect supremacy of
the Constitution of the Republic of Azerbaijan and make decisions on examined
matters on the basis of law, impartiality and justice".
13.2. Authorities of judge of
Constitutional Court shall commence from the moment the Oath is taken.
Article 14. Terms
of Office of Judges of Constitutional Court
14.1. Judges of Constitutional Court shall
be appointed for the term of 15 years.
14.2. The re-appointment of judge of
Constitutional Court shall be inadmissible
14.3. The age limit for the position of
the judge of the Constitutional Court shall constitute 70 years. The judge of
the Constitutional Court, who has reached 70 years age shall continue to
fulfill the duties until appointment of the new judge of the Constitutional
Court.
Article 15. Independence
of Judges of Constitutional Court
15.1. Judges of Constitutional Court shall
be independent, subordinate only to Constitution and laws of the Republic of
Azerbaijan.
15.2. Independence of judges of
Constitutional Court shall be provided for by unchangeable term of office and
immunity, specific procedure for appointment, bringing to criminal
responsibility, premature termination of authorities and dismissal from the
office, inadmissibility to contempt of the Court and interference with its
activity. Judges shall be granted with financial and social security according
to their high status.
Article 16. Immunity of
Judges of Constitutional Court
16.1. According to Article 128.1-3 of the
Constitution of the Republic of Azerbaijan judges of Constitutional Court shall
be immune.
16.2. Judge of Constitutional Court shall
not be brought to criminal responsibility, detained or arrested, nor measures
of administrative penalty determined by a court shall be applied to him/her,
neither he/she shall be subjected to search, bringing to court or personal
search.
16.3. Judge of Constitutional Court
detained as a person suspected in commitment of criminal or administrative
delinquency shall be released immediately after his/her identification, except
for the cases when judge of Constitutional Court is taken in the act of crime.
The body that detained judge of Constitutional Court shall promptly inform of
this the Constitutional Court and Prosecutor General of the Republic of
Azerbaijan in written.
16.4. Judge of Constitutional Court whose
activity contains signs of crime can be dismissed via the procedure provided
for by part IV of Article 128 and part V of Article 128 of the Constitution of
the Republic of Azerbaijan.
16.5. Authorities of the dismissed judge
of Constitutional Court shall be suspended until entrance of the court decision
against him/her into legal force or adoption of the final decision by the body
administrating criminal procedure in pre-trial period.
16.6. The dismissed Judge of
Constitutional Court shall only receive the salary set for a Judge of
Constitutional Court.
16.7. After dismissal of judge of
Constitutional Court he/she can be brought to criminal responsibility and
arrested according to the procedure determined by the criminal procedure
legislation with the consent of Constitutional Court on the basis of resolution
of the Prosecutor General of the Republic of Azerbaijan.
16.8. Authorities of the dismissed Judge
of Constitutional Court shall be restored in case, if a “not guilty” verdict is
passed regarding him/her or if the proceedings on the preliminary investigation
of the case have been terminated on justificatory grounds.
16.9. Immunity of Judge spreads upon
his/her apartment, office, means of transportation and communication, postal
and telegraph correspondence, private property and documents.
16.10. No legal proceedings can be instituted against Judge of
Constitutional Court for his/her activity, votes, opinions expressed at Constitutional
Court as well as no testimonies or explanations can be claimed from him/her in
this matter.
Article 17. Rights
of the Judges of Constitutional Court
17.0. Judges of Constitutional Court shall
be vested with the following rights:
17.0.1. to participate in all sessions of
Constitutional Court, express their opinion concerning the procedure of
conduction of a session
17.0.2. to participate in resolution of
the matters related to jurisdiction of Constitutional Court
17.0.3. during consideration of a matter
by Constitutional Court to put questions to, Reporter Judge, parties involved
in the case, interested subjects, witnesses and experts
17.0.4. to request any documents or other
information on matters to be examined by Constitutional Court from legislative,
executive and judicial bodies, local self-government bodies, legal and physical
persons as well as to listen to explanations of the official persons on these
matters
17.0.5. to get acquainted with the
motions and other documents presented at the session of
Constitutional Court
17.0.6. to express their opinions
concerning decision to be adopted by Constitutional Court in judges’
deliberation room, to vote for or against the decision
17.0.7. to express their dissenting
opinion in case of disagreement with descriptive-motivational or
conclusive parts of decision adopted by Constitutional Court
17.0.8. to demand conduction of
sessions of Constitutional Court within terms provided for by the legislation
of the Republic of Azerbaijan
17.0.9. to exercise other rights specified
by present law
Article 18. Duties of
Judges of Constitutional Court
18.0. Judges of Constitutional Court shall
bear the following responsibilities in their activity:
18.0.1. to be governed by the Constitution
of the Republic of Azerbaijan and present Law
18.0.2. to examine cases at Constitutional
Court impartially on the basis of Law and Justice
18.0.3. not to miss any session of
Constitutional Court without a good reason
18.0.4. to participate in voting on
matters examined by Constitutional Court
18.0.5. to abstain from acts or statements
discrediting high status of Judge of Constitutional Court
18.0.6. to abstain from violation of the
requirements envisaged in Article 11.2 of the present law
18.0.7. not to give their opinion on
the merits of matter to be examined by Constitutional Court before adoption of
decision on this matter.
Article 19. Equality of
Judges of Constitutional Court
19.1. Judges of Constitutional Court shall
have equal rights in resolution of all issues connected to jurisdiction of
Constitutional Court
19.2. Chairman of Constitutional Court and
his/her Deputy shall have all rights and bear all duties of Judge of
Constitutional Court.
Article
20. Appointment and Dismissal of the Chairman and Deputy Chairman of
Constitutional Court
20.1. Chairman and Deputy Chairman of
Constitutional Court shall be appointed out of composition of judges of
Constitutional Court in accordance with Article 109.32 of the Constitution of
the Republic of Azerbaijan.
20.2. Chairman and Deputy Chairman of
Constitutional Court shall be removed from their offices at their own
initiative only. In this case, they remain in office as Judges of
Constitutional Court.
Article 21. Chairman of
Constitutional Court
21.0. Chairman of Constitutional Court
shall:
21.0.1. represent Constitutional Court in
its relations with the legislative, executive and judicial bodies, local
self-government bodies, foreign governments and international organizations as
well as legal and physical persons
21.0.2. arrange the work of Constitutional
Court
21.0.3. bring to discussion by
Constitutional Court the matters to be examined at the sessions of the Plenum
21.0.4. convene the sessions of Plenum of
Constitutional Court and preside over them
21.0.5. determine a range of matters to be
considered by the Deputy Chairman of Constitutional Court
21.0.6. determine the composition of
Panels
21.0.7. appoint one or few Reporter Judges
out of composition of judges taking into account the volume and number of cases
21.0.8. give orders concerning the funds
allocated from the State budget for the maintenance and ensuring of the
activity of Constitutional Court
21.0.9. direct the staff of Constitutional
Court
21.0.10. appoint and dismiss employees of
Constitutional Court, reward them and resolve the issues concerning their
disciplinary penalty.
21.0.11. fulfill other authorities
specified by the legislation of the Republic of Azerbaijan
Article 22. Deputy
Chairman of Constitutional Court
Deputy Chairman of Constitutional Court
shall resolve issues determined by Chairman of Constitutional Court as well as
shall substitute the Chairman of Constitutional Court in case of absence of the
latter or inability to fulfill his/her duties.
Article 23. The
Premature Termination of Authorities of a Judge of Constitutional Court
23.1. Authorities of Judge of
Constitutional Court shall be prematurely terminated in the following cases:
23.1.1. death
23.1.2. submission of the written
statement on voluntary resignation
23.1.2-1. on reaching of 70-year age
23.1.3. the Judge’s renunciation from
the nationality of the Republic of Azerbaijan, adoption of the nationality of
other State or undertaking the obligations before to another
State
23.1.4. when there are has been ceased a
criminal case on him/her without justificatory grounds or where there is a
court decision in force on the Judge’s guilt or if there was adopted a court
decision concerning compulsory medical treatment
23.1.5. the court’s decision on
incapability or limited capability to fulfill his/her duties
23.1.6. the court’s decision declaring the
Judge dead or missing
23.1.7. revealed the violation of the
requirements set forth with regard to candidates for Judges of Constitutional
Court by Article 11 of the present law
23.1.7-1. for actions which discredit a
name, honor and dignity of the judge of the Constitutional Court;
23.1.8. the non-participation without
excuse at three sessions of Constitutional Court successively or at ten
sessions within the period of one year
23.1.9. the Judge’s refusal to vote on
matters examined by Constitutional Court
23.1.10. non-fulfillment of his/her duties
due to disease within a period of not less than 6 months and presence of the
reference of especial medical commission confirming the disease.
23.2. The issue concerning the premature termination
of authorities of judge of Constitutional Court in cases envisaged in Article
23.1.1-23.1.6 of the present law shall be resolved in accordance with Article
109.32 of the Constitution of the Republic of Azerbaijan.
23.3. Constitutional Court shall
propose the consideration of a matter on premature termination of authorities
of judge of Constitutional Court in cases envisaged in Article 23.1.7-23.1.10
of the present law in accordance with paragraph 32 of Article 109 of the
Constitution of the Republic of Azerbaijan.
Article 24. Resigned
Judge of Constitutional Court
24.1. In case of termination of office of
Judge of Constitutional Court or in case of his/her resignation due to reasons
envisaged in Articles 23.1.2, 23.1.5 or 23.1.10 of the present law, he/she
shall be considered as resigned judge of Constitutional Court.
24.2. No legal proceedings can be
instituted against retired judge of Constitutional Court for his/her activity,
votes, opinions expressed during his/her activity in capacity of judge of
Constitutional Court as well as no testimonies or explanations can be claimed
from him/her in this regard.
CHAPTER IV
PRINCIPLES OF
PROCEEDINGS AT CONSTITUTIONAL COURT
Article
25. Impartiality and Justice
When conducting the proceedings at
Constitutional Court the judges shall consider the cases independently,
impartially and justly.
Article 26. Equality of
all persons before Constitutional Court
Constitutional justice shall be
administered on the basis of equality of all persons before law and
Constitutional Court.
Article 27. Publicity
27.1. Proceedings of cases in
Constitutional Court shall be public. The hearing of a case in camera shall be
admissible only when Constitutional Court assumes that public sessions can become
a reason of disclosure of the state, professional or commercial secret or when
it reveals the necessity to protect private or family life of citizens.
27.2. Proceedings at Constitutional Court
shall be oral. In case of consent by parties and interested subjects, the
Plenum of Constitutional Court can hold written proceedings via procedure
provided for by Internal Charter of Constitutional Court.
27.3. Information concerning the
forthcoming session of Constitutional Court shall be published in the official
state newspaper at least 5 days prior to the session. In urgent cases when it
is impossible to observe this regulation, the information concerning the time
of the session of Constitutional Court shall be announced by TV and Radio.
Article 28. Legal equality
of parties and adversary system
28.1. Constitutional proceedings shall be
held on the basis of principles of legal equality of parties and adversary
system.
28.2. Constitutional Court is not
bound with arguments and proofs of parties of constitutional proceedings and
shall strive for thorough study.
Article 29. Language of
Constitutional Proceedings
29.1 Proceedings at Constitutional Court
shall be conducted in official language of the Republic of Azerbaijan.
29.2 Participants to cases considered by
Constitutional Court who do not speak the language of proceedings shall be
provided with the translation of all materials of the case into language they
speak and ensured with the opportunity to speak at the proceedings in their
native language.
Article 30. Principle of
Collegiality
Sessions of Constitutional Court shall be
held via collective nature.
CHAPTER V
COMMENCEMENT OF
PROCEEDINGS AT CONSTITUTIONAL COURT
Article 31. Reasons for
Commencement of Proceedings at Constitutional Court
31.0. The following shall be the reasons
for commencement of proceedings at Constitutional Court:
31.0.1. Inquiries, requests and complaints
which meet the requirements provided for in Articles 32-35 of the present law
on the matters envisaged in part III of Articles 104 and parts III-VII of
Article 130 of the Constitution of the Republic of Azerbaijan.
31.0.2. Cases provided for by part I of
Article 84, Article 86 and part I of Article 88, part V of Article 101, Article
102, part II of Article of 104, Articles 107 and 153 of the Constitution of the
Republic of Azerbaijan.
Article 32. Inquiries
32.1. The inquiry can be submitted
to Constitutional Court by the President of the Republic of Azerbaijan, Milli
Majlis of the Republic of Azerbaijan, Cabinet of Ministers of the Republic of
Azerbaijan, Supreme Court of the Republic of Azerbaijan, Prosecutor’s Office of
the Republic of Azerbaijan and Ali Majlis of Nakhichevan Autonomous Republic on
the matters provided for by part III of Article 130 and part IV of Article
130of the Constitution of the Republic of Azerbaijan as well as by Ombudsman of
the Republic of Azerbaijan on the matters provided for by part VII of Article
130 of the Constitution of the Republic of Azerbaijan.
32.2. Inquiries by Ombudsman of the
Republic of Azerbaijan on the matter provided for by parts III and IV of
Article 130 of the Constitution of the Republic of Azerbaijan can be examined
by Constitutional Court in following cases:
32.2.1. If the normative
legal act which should have been applied was not applied by a court
32.2.2. If normative
legal act which should not have been applied was applied by a court
32.2.3. If normative
legal act was not properly interpreted by a court
32.2. The inquiry of the Human Rights Commissioner (Ombudsman) of the Republic
of Azerbaijan regarding the issue provided for in paragraph 4 of Part III of
Article 130 of the Constitution of the Republic of Azerbaijan to be examined by
the Constitutional Court is allowed in cases where the decision of the Supreme
Court of the Republic of Azerbaijan is based on a normative legal act that is
inconsistent with the Constitution or laws of the Republic of Azerbaijan.
32.3. Inquiry envisaged in part II of
Article 32 of the present law can be submitted within 6 months from the moment
of entrance of the relevant judicial act into legal force.
32.4. Inquiries shall be submitted to
Constitutional Court in written form. The inquiry shall be signed by the
authorized person. If the inquiry is submitted by a collective body then it
shall be signed by its head.
32.5. Inquiry shall contain the following:
32.5.1. Name of Constitutional Court
32.5.2. Name and address of the inquirer
32.5.3. Necessary data on representative
of the inquirer and his/her authorities, except for the cases, when the
representation is implemented ex officio
32.5.4. Name and address of the state
body or municipality that issued the contested normative legal act, judicial or
municipal act or participating in the dispute concerning the competences
32.5.5. Provisions of the
Constitution of the Republic of Azerbaijan entitling to submit an inquiry to
Constitutional Court and confirming the competences of Constitutional Court to
examine this inquiry.
32.5.6. The exact name, date of adoption,
number, source of publication and other information on the contested normative
legal act, judicial or municipal act as well as the normative legal act to
be interpreted
32.5.7. Position of the inquirer regarding
the matter and his legal argumentation with the reference to the relevant
provisions of the Constitution of the Republic of Azerbaijan or other normative
legal acts
32.5.8. An application in connection with
the inquiry submitted to Constitutional Court
32.5.9. List of documents enclosed to
inquiry.
Article 33. Requests
33.1. Requests can be submitted to
Constitutional Court by the Milli Majlis of the Republic of Azerbaijan on the
matters provided for by part III of Article 104 of the Constitution of the
Republic of Azerbaijan and by courts of the Republic of Azerbaijan on the
matters provided for by part VI of Article 130 of the Constitution of the
Republic of Azerbaijan.
33.2. Requests shall be submitted to
Constitutional Court in written form. The request shall be signed by the
authorized person. If the application is submitted by a collective body then it
shall be signed by its head.
33.3. Requests shall contain the
following:
33.3.1. name of Constitutional Court
33.3.2. name and address of the applicant
33.3.3. necessary data on representative
of the requestor and his authorities, except for the cases when the
representation is implemented ex officio
33.3.4. provisions of the
Constitution of the Republic of Azerbaijan entitling to submit a
request to Constitutional Court and confirming the authorities of
Constitutional Court to examine this request
33.3.5. An application submitted in
connection with request to Constitutional Court
33.3.6. List of documents enclosed to the
request
33.4. Beside the requirements envisaged in
Articles 33.3.1-33.3.6 of the present law, the following must be indicated in
request:
33.4.1. The request of the Milli
Majlis of the Republic of Azerbaijan concerning complete inability of the
President of the Republic of Azerbaijan to perform his/her duties for the state
of health shall contain the source of this information.
33.4.2. The request submitted by a court
must contain exact name, date of adoption, number, source of publication and
other information on the normative legal act to be interpreted.
Article 34. Complaints
34.1. Any person who alleges that his/her
rights and freedoms have been violated by the normative legal act of the
Legislative and Executive, act of municipality and courts may submit complaint
to Constitutional Court to resolve matters provided for by paragraphs 1-3 of
part III of Article 130 of the Constitution of the Republic of Azerbaijan in
order to restore his/her human rights and freedoms.
34.2. Complaints on the
matters provided for by paragraph 4, part 3 of Article 130 of the Constitution
of the Republic of Azerbaijan can be examined by Constitutional Court in
following cases:
34.2.1. If the normative
legal act which should have been applied was not applied by a court
34.2.2. If normative
legal act which should not have been applied was applied by a court
34.2.3. If normative
legal act was not properly interpreted by a court
34.2. A complaint on the matter
provided for in paragraph 4 of
Part III of Article 130 of the Constitution of the Republic of Azerbaijan is
allowed in cases where the decision of the Supreme Court of the Republic of
Azerbaijan, which is appealed, is based on a normative legal act that does not
comply with the Constitution or laws of the Republic of Azerbaijan.
34.3. In cases provided for by Article
34.2 of the present law the examination of facts of the case examined by the
Supreme Court of the Republic of Azerbaijan shall be inadmissible.
34.4. Complaints can be submitted to Constitutional Court in following cases and terms:
34.4.1. After exhaustion of all remedies
within six months from the moment of entrance of the decision of the court of
last instance (the Supreme Court of the Republic of Azerbaijan) into force
34.4.2. Within three months from the
moment of violation of complainant’s right to apply to court
34.5. If the legal protection of
constitutional rights by means of courts of general jurisdiction cannot prevent
the imposing of serious and irreplaceable damage to complainant then the
complaint can be submitted directly to Constitutional Court.
34.6. Complaint must contain the
following:
34.6.1. Name of Constitutional Court
34.6.2. First, middle and last names of a
person and his/her address
34.6.3. Necessary data on representative
of the complainant and his/her authorities
34.6.4. Name and address of the state body
or local self-government authority that adopted the contested normative legal
act, court or municipal act
34.6.5. Norms of the Constitution of the
Republic of Azerbaijan and the present law entitling with the right to submit
complaints to Constitutional Court
34.6.6. The exact name, date of adoption,
number, source of publication and other information on the contested act
34.6.7. Position of the complainant
regarding the matter and his/her legal argumentation with the reference to the
relevant provisions of the Constitution of the Republic of Azerbaijan or other
normative legal acts
34.6.8. Application submitted in
connection with complaint to Constitutional Court
34.6.9. List of documents enclosed to
complaint
34.7. The following must be substantiated within
complaint:
34.7.1. Violation of the rights and
freedoms of complainant by the contested normative legal act, judicial or
municipal act.
34.7.2. Exhaustion of all judicial
remedies for challenging of the judicial act, violation of the right to
apply to court or impossibility to prevent the imposing of serious and
irreplaceable damage to a complainant by means of other courts.
Article 35. Documents to be Enclosed
to Inquiry, Request or Complaint
35.1. The following documents shall
be enclosed to inquiry, request or complaint submitted to Constitutional
Court:
35.1.1. Explanations and documents which
by opinion of inquirer, requestor or complainant are necessary for
clarification of details of the case
35.1.2. Letter of attorney or other
document, confirming the authorities of the representative except for cases
when representation is implemented ex officio as well as the
copies of documents confirming the right of a person to appear
before Constitutional Court as a representative
35.1.3. Copy of the contested normative
legal, court or municipal act, as well as the normative legal act requested to
be interpreted in connection with the request or inquiry;
35.1.4. Translation of all documents into
Azeri language submitted in other language
35.2. Documents which certify that the
collective body, that submitted an inquiry or request, had a quorum at its
session and that these documents were adopted by required majority of votes,
should also be enclosed to the submitted inquiry or request.
35.3. Documents certifying the exhaustion
of all judicial remedies for complaint or violation of the right to apply to
court should also be enclosed to complaint.
Article 36. The study of inquiries, requests or complaints
36.1. The preliminary study of submitted
complaints as to their conformity with requirements provided for in Article
34.6 of the Law shall be implemented by the Staff of the Constitutional Court
via the procedure specified in the Internal Charter of Constitutional Court.
36.2. In connection with inquiries and
requests submitted to Constitutional Court as well as in accordance with
Article 36.1 one or several Reporter-Judges shall be appointed for preparation
of session on preliminary study of complaints.
36.3. Reporter-Judge shall carry out the
following measures:
36.3.1. collect the documents and
materials which are necessary for examination of a matter by Constitutional Court;
36.3.2. demand documents of state and
self-government bodies, materials and cases which are relevant to the matter;
36.3.3. submit an inquiry or complaint to
parties, or other type of document to the interested subjects and get their
written opinion on the matter concerned;
36.3.4. organize the summon of witnesses,
experts or other persons for session;
36.3.5. realize other necessary measures
for examination of matter;
36.3.6. prepare the report on the matter
concerned;
36.4 In connection with the case to be
examined by Constitutional Court the Reporter-Judge can give any task to the
Staff of Constitutional Court.
36.5 In connection with preparation of
session the Reporter-Judge shall carry out all measures on behalf of
Constitutional Court.
Article 37. Refusal to
find admissible an inquiry, request or complaint
37.0. Inquiry, request or complaint shall
not be admitted by Constitutional Court in following circumstances:
37.0.1. if the drawing up of a petition,
application or complaint does not meet the requirements of the present Law ;
37.0.2. if the matter does not fall within
the jurisdiction of Constitutional Court;
37.0.3. if an inquiry, request or
complaint was submitted by a body or person who does not have such a right;
37.0.4. if the collective body, which
adopted the decision to submit an inquiry or request to Constitutional
Court had no quorum and necessary majority of votes at its session;
37.0.5. if the documents certifying the
exhaustion of the right to challenge the judicial act or violation of the right
to apply to court have not been submitted;
37.0.6. if the Constitutional Court had
already adopted a decision on the matter concerned.
Article 38. Withdrawal
of Inquiries, Requests and Complaints
In case of withdrawal of inquiry, request
and complaint before it is admitted for examination of Constitutional Court the
same inquiry, request and complaint shall not be examined by Constitutional
Court.
Article 39. Drawing up
of constitutional case
39.1. Upon completion of preparation
to the session of Constitutional Court there shall be drawn up the
constitutional case that shall include the following:
39.1.1. Inquiry, request or complaint
which served as a ground for commencement of constitutional case;
39.1.1. materials enclosed to an inquiry,
request or complaint;
39.1.3. materials enclosed to the
constitutional case by a Reporter-Judge;
39.1.4. a conclusion of expert on
constitutional case;
39.1.5. additional materials enclosed by
parties or interested subjects;
39.1.6. other documents related to the
constitutional case;
39.1.7. report of Reporter-Judge;
39.2. Once the constitutional case
has been drawn up the Judges of Constitutional Court can get acquainted with
it.
CHAPTER 6
THE CONSTITUTIONAL PROCEEDINGS
Article 40. The
modes and types of proceedings implemented by Constitutional Court
40.1. The proceedings at
Constitutional Court shall be carried out in following ways:
40.1.1. the constitutional proceedings;
40.1.2. the constitutional special
proceedings;
40.2. The constitutional proceedings on
the cases examined by Constitutional Court shall be held in following forms:
40.2.1. the proceedings on cases
related to consideration of inquiries and complaints regarding the matters
specified by paragraphs 1-7, part III of Article 130 and parts V and VII
Article 130 of the Constitution of the Republic of Azerbaijan
40.2.2. the proceedings on cases related
to the petitions on distribution of authorities among Legislature,
Executive and Judiciary
40.3. the special constitutional
proceedings on the cases examined by Constitutional Court shall be held in
following types:
40.3.1. the proceedings in connection with
extension of a term of office of convocation Milli Majlis of the Republic of
Azerbaijan during the wartime;
40.3.2. the proceedings on cases related
to verification and confirmation of the results of elections of the Deputies of
the Milli Majlis of the Republic of Azerbaijan;
40.3.3. the proceedings on cases
concerning fixing the date of the first session of a newly elected Milli Majlis
of the Republic of Azerbaijan;
40.3.4. the proceedings in connection
with extension of a term of office of President of the Republic of Azerbaijan
during the wartime;
40.3.5. the proceedings on cases
related to official declaration of elections of the President of the Republic
of Azerbaijan;
40.3.6. the proceedings on cases related
to consideration of resignation of the President of the Republic of Azerbaijan;
40.3.7. the proceedings on cases related
to petitions of the Milli Majlis of the Republic of Azerbaijan held with the
view to ascertain the information regarding the complete inability of the
President of the Republic of Azerbaijan to perform his/her duties due to the
state of health;
40.3.8. the proceedings on cases related
to consideration of the matter on impeachment of the President of the Republic
of Azerbaijan;
40.3.9. the proceedings on cases related
to inquiries and requests concerning interpretation of the
Constitution and laws of the Republic of Azerbaijan;
40.3.10. the proceedings on cases related
to giving the opinion of Constitutional Court regarding the introduction of
modifications to the Constitution of the Republic of Azerbaijan as proposed by
the Milli Majlis of the Republic of Azerbaijan or the President of the Republic
of Azerbaijan;
Article 41. Parties to
the constitutional proceedings
41.1.Inquirer and respondents shall be the
parties to constitutional proceedings.
41.2. The subjects indicated in part III
of Article 130 and part VII of Article 130of the Constitution of the Republic
of Azerbaijan shall be the inquirer at the constitutional proceedings.
41.3 Persons indicated in part III of
Articles 130 and part V of Article 130 of the Constitution of the Republic of
Azerbaijan shall be named as “applicant” party to constitutional proceedings.
41.4 The following subjects may
be respondents at the constitutional proceedings:
41.4.1 a state or local self-government
body that has adopted the contested normative-legal, judicial or municipal act;
41.4.2 an official person who has signed
the contested interstate agreement which has not come into force or
intergovernmental agreement of the Republic of Azerbaijan;
41.4.3 a state body which is alleged to
have infringed the separation of authorities between legislative, executive and
judicial organs.
41.5 In the constitutional proceedings the
inquirers (applicants) and respondents can be represented by their legal
representatives.
Article 42. Interested Subjects
at the Constitutional Special Proceedings.
42.1. The interested subjects of the
constitutional special proceedings shall be the bodies which submitted an
inquiry or request to Constitutional Court or bodies and
persons whose interests are affected by such inquiries or requests in
cases provided for by part I of Article 84, Article 86, part I of Article 88,
part V of Article 101, Article 102, part II of Article 104 and part III of
Article 104, Article 107, part IV of Article 130 and part VI of Article 130 and
Article 153 of the Constitution of the Republic of Azerbaijan.
42.2. The interested subjects may be
represented by their legal representatives in constitutional special
proceedings.
Article 43. Rights and
Duties of Parties and Interested Subjects
43.1. Parties and interested subjects
shall have the following rights;
43.1.1. to participate and speak at the
sessions of Constitutional Court;
43.1.2. to present the evidences and other
materials;
43.1.3. to give motions and proposals
on examination of case;
43.1.4. to answer the given questions;
43.1.5. to reject the judges;
43.1.6. to ask for invitation of witnesses
and experts;
43.1.7. to get acquainted with the minutes
of the session of Constitutional Court and make references on it;
43.1.8. to present the final statement.
43.2. Beside those, which are indicated in
Article 43.1 the parties shall have the following rights:
43.2.1. to get acquainted with the
materials of constitutional case, take extracts from them and make
copies.
43.2.2. to participate in
investigation of evidences;
43.2.3. to answer the questions posed to
them;
43.2.4. to object to motions, evidences
and speeches stated by other parties.
43.3. The parties and interested subjects
shall respect the Constitutional Court and comply with the requirements of
constitutional proceedings. The parties and interested subjects must appear
before Constitutional Court in due time, observe the procedure established by
the Internal Charter of Constitutional Court and comply immediately with
the orders of the Judge presiding over the session of Constitutional Court.
Article 44. The witness
44.1. A person possessing any information
regarding the constitutional case examined at the session of Constitutional
Court shall be named as a “witness”. A witness may be summoned to the session
of Constitutional Court with the view to give witness testimonies upon
proposals of the inquirer, applicant, respondent or subject concerned.
44.2. A witness shall present testimonies
concerning the facts known to him/her which are to be ascertained within the
constitutional case.
44.3. A witness shall respect the
Constitutional Court and observe the requirements of constitutional
proceedings. A witness shall respect the procedure established in
Constitutional Court and execute immediately the orders of the Judge presiding
over the session of Constitutional Court.
44.4 For the knowingly false testimonies
or deviation from testimonies a witness shall be brought to responsibility
provided for by the legislation of the Republic of Azerbaijan.
Article 45. Expert
45.1. Persons possessing the
academic or other specialized knowledge on the constitutional case
examined at the session of Constitutional Court may be invited in their
capacity as experts by initiative of the Constitutional Court or request of the
parties or interested subjects. Expert shall present the written opinion on the
case.
45.2. Expert shall provide impartial and
well-grounded answers to the questions put to him/her. In order to answer the
questions, experts may apply to Constitutional Court with motion to get
acquainted with all the materials of constitutional case and any other
necessary documents. In case if expert considers that the presented materials
are not sufficient to answer the questions posed or unable to answer them
because of their insufficient knowledge, then he/she must inform of it the
Constitutional Court. In order to answer the questions posed, experts may with
the permission of the Judge presiding over session of Constitutional Court put
questions to the parties, interested subjects and witnesses.
45.3. Experts must respect the
Constitutional Court and observe the requirements of the constitutional
proceedings. Experts must appear promptly upon the summons of Constitutional
Court, respect the procedure adopted by Constitutional Court and execute
immediately the orders of the Judge presiding over the session of
Constitutional Court.
45.4. For the knowingly false opinion
expert shall be brought to responsibility provided for by the legislation of
the Republic of Azerbaijan.
Article 46.Rejectionto
judge and self-rejection
46.1. The judge of the Constitutional
Court cannot participate in examination of cases or can be rejected in
following cases:
46.1.1. if he/she before participated in
adoption of decision by virtue of the duty post occupied.
46.1.2. if he/she is one of the parties or
close relative of one of the parties or his/her representative.
46.2. The rejection should be grounded.
46.3. In case of rejection on grounds
provided for by Article 46.1. of the present Law or self-rejection of
judge the Court shall study the opinion of rejected judge and other party,
and studying this matter it shall adopt the decision without participation of
rejected or self- rejected judge.
Article 47. Postponement
of a session
47.1. Court session may be postponed in
following cases:
47.1.1. if additional study of the matter
is required;
47.1.2. if the new evidences should be
investigated;
47.1.3. in case of absence of quorum;
47.1.4. in other cases, which impede to
the complete study of the matter concerned;
47.2. In cases provided for by Article
47.1 the Constitutional Court shall appoint a new date of a session. The
session on a case, which examination is postponed shall start from the
beginning or the moment it was postponed from.
Article 48. Resumption
of examination of a case
48.1. If after concluding statements of
parties, the Constitutional Court considers it necessary to ascertain
additional circumstances, which are essential for the case or examine the new
evidences, it shall adopt the ruling on resumption of examination of the case.
48.2. Upon completion of additional
examination, the parties shall have the right to repeated concluding statements
but only in connection with the newly examined circumstances and evidences.
Article 49. Termination
of the proceedings on a case
The Plenum of the Constitutional Court
shall terminate the proceedings on a case if any grounds to reject the
admission of an inquiry, request or complaint for proceedings are
discovered during the session or inquiry, request or complaint are recalled.
Article
50. Judicial costs at the Constitutional Court.
50.1. Proceedings of Constitutional Court
shall be free of charge
50.2. The costs for proceedings of
Constitutional Court on a case shall be reimbursed from the State budget.
Article 51. Minutes of
court session
51.1. The minutes of the session of
Constitutional Court shall be kept by the clerk of the court session. Minutes
of court session are enclosed to materials of the constitutional case.
51.2. Constitutional Court shall
examine within a period of 10 days the comments concerning the minutes of
Constitutional Court and adopt a well-grounded decision as to enclosure or
rejection of the comments to the minutes.
CHAPTER 7
SPECIFIC FEATURES OF
CONSTITUTIONAL PROCEEDINGS ON VARIOUS TYPES OF CONSTITUTIONAL CASES
Article 52. Features of
examination of inquiry petition and complaints connected with
the matters specified in paragraphs 1-7, part III of Article 130 and parts
V and VII of Article 130 of the Constitution of the Republic of Azerbaijan
52.1. As a rule, the inquiry or
complaint connected with the matters provided for by, paragraphs 1-7, part III
of Article 130, parts V and VII of Article 130 shall be brought to
session of the Panel of Constitutional Court within 30 days, and there shall be
adopted a ruling as to admissibility or inadmissibility of inquirer or
complaint.
52.2. The ruling on admissibility or
rejection of an inquiry or complaint shall be sent to inquirer (applicant)
within 7 days after its adoption.
52.3. As a rule, the examination on the
merits of an inquiry or complaint by Constitutional Court shall be commenced
within 60 days after its admission for proceedings.
52.4. Before adoption of the decision on
merits in order to prevent the serious and irreparable damage the Plenum of
Constitutional Court may adopt the decision to suspend the implementation of
contested normative legal act or municipal act and may propose to parties the
friendly settlement of dispute.
Article 53. Features of
consideration of inquiries on disputes concerning separation of
authorities among bodies of among legislative, executive and judicial branches
of power
53.1. The matter concerning the inquiry on
the disputes with regards to separation of powers among Legislature, Executive
and Judiciary shall be brought to sessions of the Panels of Constitutional
Court within 15 days and ruling on admissibility or inadmissibility for
examination shall be adopted.
53.2. The ruling (decision) on
admissibility or inadmissibility for examination of an inquiry shall be sent on
the day of its adoption to the body or official person who submitted an
inquiry.
53.3. The examination of an inquiry on the
merits by Constitutional Court shall be commenced within 30 days after its
admission for proceedings.
Article 53-1. Features
of consideration of the issue of extension of a term of office of convocation
of Milli Majlis of the Republic of Azerbaijan during the wartime
53-1.1. According to part I of Article 84
of the Constitution of the Republic of Azerbaijan in case if the Central
Election Commission of the Republic of Azerbaijan considers as impossible the
holding of elections to the Milli Majlis of the Republic of Azerbaijan during
conducting fighting operations during the wartime, then it shall appeal to the
Constitutional Court with the proposal on extension of a term of office of
convocation of the Milli Majlis of the Republic of Azerbaijan until completion
of fighting operations,.
53-1.2. The Constitutional Court shall not
refuse to adopt a decision concerning the proposal of Central Election
Commission of the Republic of Azerbaijan on extension of a term of office of
convocation Milli Majlis of the Republic of Azerbaijan until completion of
fighting operations.
53-1.3. Consideration of the proposal of
Central Election Commission of the Republic of Azerbaijan on Plenum of the
Constitutional Court shall start no later than the expiration of 7 days from
the date of receipt of this proposal in the Constitutional Court.
53-1.4. Plenum of the Constitutional
Court, investigating according to the proposal of Central Election Commission
of the Republic of Azerbaijan the impact of conducting fighting operations in
the conditions of war on possibility of elections to Milli Majlis of the
Republic of Azerbaijan, shall make the grounded decision on extension of a term
of office of convocation Milli Majis of the Republic of Azerbaijan until
completion of military operations or non-extension of a term of office of
convocation of the Milli Majlis of the Republic of Azerbaijan.
53-1.5. The decision provided in Article
53-1.4 of the present Law shall be adopted at the meeting of Plenum of the
Constitutional Court by the majority of 6 voices of judges.
53-1.6. The decision provided in Article
53-1.4 of the present Law shall be immediately sent to Milli Majlis of the
Republic of Azerbaijan and to Central Election Commission of the Republic of
Azerbaijan.
Article 54. Features on
verification and approval of the results of the elections to the Milli Majlis
of the Republic of Azerbaijan
54.1. According to Article 86 of the
Constitution of the Republic of Azerbaijan, the Constitutional Court shall
verify and approve the accuracy of the results of elections of deputies to the
Milli Majlis of the Republic of Azerbaijan. The procedure of verification and
approval of accuracy of the results of elections of deputies to the Milli
Majlis shall be determined by the Electoral Code of the Republic of Azerbaijan.
54.2. Session of the Plenum of
Constitutional Court on verification of accuracy of the results of elections of
deputies to the Milli Majlis shall be commenced within 10 days from the day of receipt
of materials.
54.3. Session of the Plenum of
Constitutional Court on verification of the accuracy of the repeated results of
elections of deputies to the Milli Majlis shall be commenced within 7 days from
the day of receipt of materials
54.4. The Constitutional Court shall
require from Supreme Court and courts of appeal instance of the Republic of
Azerbaijan the information on examined applications concerning the protection
of electoral rights.
54.5. Chairman and members of the Central
Election Commission as well as other persons invited by Constitutional Court
may participate at the session of the Plenum of Constitutional Court held with
the view to verify the accuracy of the results of elections of the Deputies to
the Milli Majlis of the Republic of Azerbaijan.
54.6. Following the results of
verification, the Plenum of Constitutional Court may by a majority of not less
than 5 Judges adopt a decision on complete approval, partial approval or
non-approval of the results of the elections of deputies to the Milli Majlis of
the Republic of Azerbaijan.
Article 55. Features of
fixing the date of the first session of the newly elected Milli Majlis of the
Republic of Azerbaijan
55.1.
According to part I of Article 88 of the Constitution of the Republic of
Azerbaijan Constitutional Court shall fix the date of the first session of the
newly elected Milli Majlis of the Republic of Azerbaijan in case if
authorities of the 83 deputies have not been confirmed by the 10th March
after elections.
55.2. If the Plenum of Constitutional
Court approves the election of the 83 deputies of the Milli Majlis of the
Republic of Azerbaijan after 10th March
then the date of the first session of the newly elected Milli Majlis shall be
fixed at the same session of Constitutional Court.
55.3. Decision on this matter shall be
adopted by a majority of not less than 5 Judges of the Plenum of Constitutional
Court.
Article 55-1. Features
of consideration of the issue of extension of a term of office of the President
of the Republic of Azerbaijan during the wartime
55-1.1. According to part V of Article 84
of the Constitution of the Republic of Azerbaijan in case if the Central
Election Commission of the Republic of Azerbaijan considers as impossible the
holding of elections of the President of the Republic of Azerbaijan during
conducting fighting operations during the wartime, then it shall appeal to the
Constitutional Court with the proposal on extension of a term of office of the
President of the Republic of Azerbaijan until completion of fighting
operations,.
55-1.2. The Constitutional Court shall not
refuse to adopt a decision concerning the proposal of Central Election
Commission of the Republic of Azerbaijan on extension of a term of office of
the President of the Republic of Azerbaijan until completion of fighting
operations.
55-1.3. Consideration of the proposal of
Central Election Commission of the Republic of Azerbaijan on Plenum of the
Constitutional Court shall start no later than the expiration of 7 days from
the date of receipt of this proposal in the Constitutional Court.
55-1.4. Plenum of the Constitutional
Court, investigating according to the proposal of Central Election Commission
of the Republic of Azerbaijan the impact of conducting fighting operations in the
conditions of war on possibility of holding of elections of the President of
the Republic of Azerbaijan, shall make the grounded decision on extension of a
term of office of the President of the Republic of Azerbaijan until completion
of military operations or non-extension of a term of office of the President of
the Republic of Azerbaijan.
55-1.5. The decision provided in Article
53-1.4 of the present Law shall be adopted at the meeting of Plenum of the
Constitutional Court by the majority of 6 voices of judges.
55-1.6. The decision provided in Article
53-1.4 of the present Law shall be immediately sent to the President of the
Republic of Azerbaijan and to Central Election Commission of the Republic of
Azerbaijan.
Article 56. Features of
proceedings on official declaration of the results of the elections of the
President of the Republic of Azerbaijan
56.1. The matter on results of elections
of the President of the Republic of Azerbaijan shall be examined at the Plenum
of Constitutional Court.
56.2. The Plenum of Constitutional Court
shall study the documents on the results of elections of the President of the
Republic of Azerbaijan presented by the Central Election Commission and shall
require from Supreme Court or courts of appeal instance of the Republic of
Azerbaijan information on examined applications concerning the protection
of electoral rights.
56.3. In case of establishment of
conformity of documents of Central Election Commission with requirements of
Electoral Code the Plenum of Constitutional Court shall adopt the decision on
approval of results of election of the President of the Republic of
Azerbaijan.
56.4. In case of revelation of facts
provided for by Electoral Code the Plenum of Constitutional Court shall adopt
the decision on recognition of the results of elections as a null and void.
56.5. Decisions specified by Articles 56.3
and 56.4 of the present Law shall be adopted by a majority of not less than 5
Judges of the Plenum of Constitutional Court.
56.6. The Constitutional Court shall
officially declare the information on results of elections of the President of
the Republic of Azerbaijan within 14 days from the day of voting.
Article 57. Features of
consideration of application of the President of the Republic of Azerbaijan on
resignation retirement.
57.1.
In a case specified by part II of Article 104 of the Constitution of the
Republic of Azerbaijan, the President of the Republic of Azerbaijan shall
submit application to Constitutional Court.
57.2. Constitutional Court shall not
be enabled to reject the consideration of written and signed application of the
President of the Republic of Azerbaijan on resignation.
57.3. The application of the President of
the Republic of Azerbaijan on resignation shall be examined on the merits by
the Plenum of Constitutional Court within 3 days after its receipt.
57.4. In case if the Plenum of
Constitutional Court is confident in voluntary character of the application of
the President of the Republic of Azerbaijan it shall adopt a decision
concerning the acceptance of resignation of the President of the Republic
of Azerbaijan.
57.5. In case if the Plenum of
Constitutional Court is not convinced that the application on resignation of
the President of the Republic of Azerbaijan was submitted voluntarily, the
decision on non-acceptance of resignation of the President of the Republic of
Azerbaijan shall be adopted.
57.6. Decisions specified by Articles 57.4
and 57.5 of the present Law shall be adopted by the Plenum of Constitutional
Court by the majority of not less than 5 Judges.
57.7. The decision specified by
Article 57.4 of the present Law shall be immediately sent to the Prime-Minister
of the Republic of Azerbaijan. The decision specified by Article 57.5 of the
present Law shall be immediately sent to the Milli Majlis of the Republic of
Azerbaijan.
Article 58. Features of
consideration of application submitted by the Milli Majlis of the Republic of
Azerbaijan as to clarification of information concerning complete inability
of the President of the Republic of Azerbaijan to fulfill his/her duties due to
the state of health
58.1. In case specified by part III of
Article 104 of the Constitution of the Republic of Azerbaijan the application
submitted by the Milli Majlis of the Republic of Azerbaijan shall be
brought for examination at the session of the Plenum of Constitutional Court
within 3 days after its receipt, and the ruling concerning admissibility or
inadmissibility for examination shall be adopted by the majority of not less
than 5 Judges and be sent to the President of the Republic of Azerbaijan and
the Milli Majlis of the Republic of Azerbaijan on the day of its adoption.
58.2. Examination of application on the
merits by the Plenum of Constitutional Court shall be commenced within 7 days
from the day of its admission for proceedings.
58.3. The decision of Constitutional Court
on impeachment of the President of the Republic of Azerbaijan in connection
with his/her complete inability to fulfill his/her duties due to the state of
health shall be adopted by the majority of 6 Judges.
58.4. In case if Constitutional Court does
not confirm the fact of complete inability of the President of the Republic of
Azerbaijan to fulfill his/her duties due to the state of health the matter
shall be considered as settled and written information about that shall be sent
immediately to the Milli Majlis of the Republic of Azerbaijan.
Article 59. Features of
consideration of the matter on impeachment of the President of the Republic of
Azerbaijan.
59.1. According to part I of Article 107
of the Constitution of the Republic of Azerbaijan, in case if the President
commits the grave crime the Constitutional Court may bring an initiative to
dismiss the President of the Republic of Azerbaijan from office.
59.2. The proposal concerning impeachment
of the President of the Republic of Azerbaijan shall be submitted by not less
than 3 Judges of Constitutional Court. This proposal shall be submitted in
written form to the Chairman of Constitutional Court. Within the period of 3
days after proposal was submitted the session of the Plenum of Constitutional
Court shall be called to examine this matter. If Constitutional Court finds
this proposal groundless, the majority of 5 Judges shall adopt a decision about
that.
59.3. If the proposal is found
well-grounded, the Plenum of Constitutional Court shall submit a matter to the
Supreme Court of the Republic of Azerbaijan in order to receive an opinion as
to whether the President of the Republic of Azerbaijan has committed the grave
crime. A decision on this matter shall be adopted by the majority of 6 Judges
of Constitutional Court. Within 30 days after receipt of a matter, the Supreme
Court of the Republic of Azerbaijan shall examine it and provide Constitutional
Court with the written opinion.
59.4. If Constitutional Court comes
to conclusion that no grave crime was found in the actions of the President of
the Republic of Azerbaijan, the matter shall be considered as settled.
59.5. Taking into consideration the
opinion of the Supreme Court of the Republic of Azerbaijan, the Plenum of
Constitutional Court by majority of 7 Judges can adopt a decision as to
bringing an initiative on impeachment of the President of the Republic of Azerbaijan
in connection with the presence of a grave crime in his/her actions. This
decision shall be immediately sent to the Milli Majlis of the Republic of
Azerbaijan.
59.6. If the Milli Majlis of the Republic
of Azerbaijan according to the procedure specified by part II of Article 107 of
the Constitution of the Republic of Azerbaijan adopts a resolution on
impeachment of the President of the Republic of Azerbaijan, then this
resolution and the application that was adopted on its basis shall be immediately
sent to Constitutional Court. Having received the resolution of the Milli
Majlis of the Republic of Azerbaijan, Constitutional Court shall verify within
7 days whether the requirements of the Constitution and relevant laws of the
Republic of Azerbaijan were observed at the adoption of this resolution. The
decision of Constitutional Court supporting the resolution of the Milli Majlis
of the Republic of Azerbaijan shall be adopted by majority of not less than 7
Judges. According to part II of Article 107 of the Constitution of the Republic
of Azerbaijan the resolution of the Milli Majlis of the Republic of Azerbaijan
on impeachment of the President of the Republic of Azerbaijan shall be signed
by the Chairman of Constitutional Court.
59.7. If the Plenum of Constitutional
Court does not adopt the decision supporting the resolution of the Milli Majlis
of the Republic of Azerbaijan, then the resolution of the Milli Majlis of the
Republic of Azerbaijan on impeachment of the President of the Republic of
Azerbaijan shall not enter into force.
Article 60. Features of
consideration of an inquiry or request concerning interpretation of the
Constitution and laws of the Republic of Azerbaijan.
60.1. After
an inquiry or request on interpretation of the Constitution and laws of
the Republic of Azerbaijan has been submitted to Constitutional Court, the
Panel of Constitutional Court shall within 15 days consider it at the session
and adopt a ruling as to admissibility or inadmissibility of inquiry or request for
proceedings.
60.2. The ruling on admissibility or
inadmissibility for proceedings of an inquiry or request shall be sent within 7
days from the date of its adoption to applying body or official person.
60.3. The examination of inquiry or
request on merits by the Plenum of Constitutional Court shall be commenced
within 60 days after its admission for proceedings.
Article
61. Features of consideration of a matter concerning the opinion of
Constitutional Court with regard to proposals on introduction of changes to the
text of the constitution of the Republic of Azerbaijan set forth by the Milli
Majlis or the President of the Republic of Azerbaijan
61.1. According to Article 153 of the
Constitution of the Republic of Azerbaijan in case if the proposals on
introduction of changes to the text of the Constitution of the Republic of
Azerbaijan are set forth by the Milli Majlis or the President of the Republic
of Azerbaijan, the opinion of Constitutional Court on the proposed changes
shall be required.
61.2. Constitutional Court cannot
reject to give opinion with regard to proposals on introduction of changes to
the text of the constitution of the Republic of Azerbaijan set forth by the
Milli Majlis or the President of the Republic of Azerbaijan
61.3. Consideration by the Constitutional
Court of the proposed changes set forth by the Milli Majlis and the President
of the Republic of Azerbaijan on merits shall commence at the latest 7 days
after the day of their publication
61.4. Constitutional Court shall adopt
a well-grounded opinion as to conformity or non-conformity of the proposed
changes to the requirements of the Constitution of the Republic of
Azerbaijan.
61.5. If a referendum on introduction of
changes to the text of the Constitution of the Republic of Azerbaijan is
to be held, then a summary of the opinion of Constitutional Court shall be
included into a voting-paper.
CHAPTER VIII
ACTS OF CONSTITUTIONAL
COURT
Article 62. Acts of
Constitutional Court
62.1. The rulings shall be adopted at the
sessions of the Panels of Constitutional Court and the decisions and rulings
shall be adopted at the sessions of the Plenum of Constitutional Court
62.2. Acts of Constitutional Court shall
be adopted at judges’ deliberation room
Article 63. Decision of the
Plenum of Constitutional Court
63.1. Decision of the Plenum of
Constitutional Court shall be the written document adopted at the sessions of
Plenum of Constitutional Court and shall contain the conclusions of
Constitutional Court obtained as a result of examination of the constitutional
case on merits.
63.2. Decision of the Plenum of
Constitutional Court shall be adopted by the majority of 5 judges if otherwise
is not provided for by the Constitution of the Republic of Azerbaijan and
present law.
63.3. Decision of the Plenum of
Constitutional Court shall be adopted on behalf of the Republic of Azerbaijan.
63.4. Decision of the Plenum of
Constitutional Court shall be final and cannot be cancelled, changed or
officially interpreted by any organ or official person
63.5. Decision of the Plenum of
Constitutional Court shall be signed by a Judge presiding over the session of
the plenum, at which that decision was adopted and as a rule shall be declared
within 15 days at the session of Constitutional Court.
Article 64. Dissenting
Opinion of the Judge of Constitutional Court
64.1. Judge of Constitutional Court who
disagrees with descriptive-motivational or conclusive parts of the
decision of Constitutional Court may express the dissenting opinion in written
form.
64.2. The dissenting opinion of a Judge
shall be published along with the resolution of Constitutional Court.
Article 65. The
Content of Decision of Plenum of Constitutional Court
65.1. Decision of the Plenum of
Constitutional Court shall consist of introductory, descriptive-motivational
and conclusive parts
65.2. Introductory part of
the decision of the Plenum of Constitutional Court shall contain
the following:
65.2.1. Title of decision
65.2.2. Date and place of adoption of
decision
65.2.3. Composition of judges of
Constitutional Court, clerk of court session, parties, interested subjects and
other persons who participate at the session
65.2.4. Type of constitutional proceedings
and reasons for commencement of the proceedings
65.3. Descriptive-motivational part
of the decision of the Plenum of Constitutional Court shall contain
the following:
65.3.1. Short description of inquiry,
request or complaint and the application addressed to Constitutional Court
65.3.2. Information concerning the materials
of constitutional case
65.3.3. The aspects established during
examination of constitutional case
65.3.4. Provisions of the Constitution of
the Republic of Azerbaijan and other laws of the Republic of Azerbaijan which
were guided by when adopting a decision
65.3.5. Arguments, which motivated the
conclusions of Constitutional Court concerning a case
65.4. Conclusive part of decision of the
Plenum of Constitutional Court shall contain the following:
65.4.1. Conclusion of Constitutional Court
concerning constitutional case
65.4.2. Date of publication and entrance
into force of decision.
Article 66. Legal
Force of Decisions of Constitutional Court
66.1. According to Article 130.9 of the
Constitution of the Republic of Azerbaijan, the decisions of Constitutional
Court shall have binding force on the territory of the Republic of Azerbaijan.
66.2. Decisions of Constitutional Court
shall be binding after their adoption. Official persons who do not comply with
decisions of Constitutional Court shall bear the responsibility via the
procedure specified by the legislation of the Republic of Azerbaijan.
66.3. According to part X of Article 130
of the Constitution of the Republic of Azerbaijan, laws and other legal acts or
any of their provisions and intergovernmental agreements of the Republic of
Azerbaijan shall lose their legal force and the interstate agreements of the
Republic of Azerbaijan shall not enter into force within terms specified in the
decisions of Constitutional Court
66.4. Judicial acts recognized as not
conforming to the Constitution and laws of the Republic of Azerbaijan shall not
be executed and those cases shall be re-examined in accordance with procedure
specified by procedural legislation of the Republic of Azerbaijan
66.5. If provision of the Constitution of
the Republic of Azerbaijan which had been relied upon when adopting a decision
by Constitutional Court is changed as a result of referendum then this decision
of Constitutional Court shall partially or completely lose its legal force.
Article 67. Terms of
Entry Into Force of Decision of Constitutional Court
67.0 Decision of Constitutional Court
shall enter into legal force at the following periods of time:
67.0.1 Decision adopted on the matters
specified by paragraphs 1-7, part III of Article 130,parts V and V of Article
130 of the Constitution of the Republic of Azerbaijan shall enter into force
from the date specified in the Decision itself
67.0.2 Decision on separation of
authorities between the Legislature, Executive and Judiciary as well as on
interpretation of the Constitution and laws of the Republic of Azerbaijan shall
enter into force from the date of its publication
67.0.3 Decision on other matters within
the jurisdiction of Constitutional Court shall enter into force from the date
of its announcement
Article 68. Rulings
of Constitutional Court
68.1. Rulings shall be adopted by Panels of
Constitutional Court in order to accept the inquiries, requests and complaints
for proceedings and by Plenum of Constitutional Court in order to resolve the
matters arising during sessions of Constitutional Court as well as in other
cases specified by present law.
68.2. Rulings of the Plenum of
Constitutional Court shall be adopted by a majority of 5 judges and rulings of
Panels of Constitutional Court shall be adopted by a majority of votes of
judges
68.3. Rulings of Constitutional Court
adopted during examination of constitutional case shall be entered into the
minutes of sessions of Constitutional Court
68.4. Rulings of the Plenum and Panels of
Constitutional Court shall be signed by the presiding judge and shall be
announced within 5 days at the sessions of Constitutional Court.
Article 69. Publication
of Acts of Constitutional Court
69.1. Decisions of the Plenum of
Constitutional Court shall be published in official newspaper of the Republic
of Azerbaijan.
69.2. Decisions of Plenum of
Constitutional Court and rulings which publication is considered by
Constitutional Court as necessary as well as other materials connected with the
activity of Constitutional Court shall be published in "Azerbaycan
Respublikasi Konstitusiya Mehkemesinin Melumati" (Newsletter of
Constitutional Court).
CHAPTER IX
ORGANIZATION AND
MAINTENANCE OF THE ACTIVITIY
OF CONSTITUTIONAL COURT
Article 70. Financing of
Activity of Constitutional Court
70.1. Activities of Constitutional Court
shall be financed from the State budget of the Republic of Azerbaijan. The
means allocated annually for the activities of Constitutional Court shall not
be reduced as compared to those ones allocated for the previous fiscal year.
70.2. The annual means allocated for the
activities of Constitutional Court shall cover the expenses directed at
ensuring the normal activities of Constitutional Court.
70.3. Proposals of Constitutional Court
regarding the volume of expenses for maintenance of Constitutional Court for
the next year shall be submitted to the relevant Executive body with the view
to be included into the draft of the State budget.
Article 71. Official
salary of Judges of Constitutional Court
71.1. The official salary of judge of
Constitutional Court shall consist of official rate of pay, additions to
official rate of pay determined by the relevant Executive body, other pecuniary
benefits and monthly tax free material guarantees equal to the sum received by
the Deputy of the Milli Majlis of the Republic of Azerbaijan to cover the
expenses connected with implementation of authorities of judge of
Constitutional Court.
71.2. Chairman of the Constitutional Court
shall receive the monthly official rate of pay 2335 manat.
71.3. Deputy Chairman of the
Constitutional Court shall receive the monthly official rate of pay equal to
the 90 percent of Chairman’s salary.
71.4. Judge of the Constitutional Court
shall receive the monthly official rate of pay equal to the 85 percent of
Chairman’s salary.
Article 72. Vacation of
the Judges of Constitutional Court
72.1. Judge of Constitutional Court shall
be annually granted a vacation for a period of 40 calendar days.
72.2. Judges of Constitutional Court shall
be paid pecuniary benefits from the state budget at the rate of the two-month
salary for the period of vacation.
72.3. Vacation for Judge of Constitutional
Court shall be given by the Chairman of Constitutional Court.
Article 73. Other
Guarantees for the Judges of Constitutional Court
73.1. Judge of Constitutional Court shall
be free from the military call-up and musters.
73.2. Health and life of Judge of
Constitutional Court shall be insured at the expense of the State budget on sum
equal to his/her 5 years salary.
73.3. The detriment caused to the Judge of
Constitutional Court or members of his/her family in connection with Judge’s
activity, as a result of destruction or damage of his/her property shall be
indemnified to the Judge or members of his/her family in full. Such detriment
shall be indemnified for the expenses of State budget of the Republic of
Azerbaijan via the procedure specified by the legislation of the Republic of
Azerbaijan with further deduction of means from guilty persons.
73.4. When necessary the security for
judges of Constitutional Court shall be provided via the same procedure of
legislation of the Republic of Azerbaijan as for other judges.
73.5. Judge of Constitutional Court who
has no housing in Baku city shall be provided with an apartment.
73.6. Judges of Constitutional Court shall
be paid pecuniary benefits at the rate of two-months salary for the medical
treatment via procedure provided for by the relevant Executive body.
73.7. Pension provision of the former
judge of the Constitutional Court which was reaching a retirement age or being
the disabled person before achievement of this age, and members of his family
is carried out according to the Law of the Republic of Azerbaijan “On labor
pensions”.
73.8. The retired judge of Constitutional
Court who had not reached the retirement age shall be paid monthly pecuniary
benefits from the state budget at the rate of monthly official rate of pay of the
functioning judge of Constitutional Court until he/she gets retirement age.
73.9. The status of a judge elected from
the Republic of Azerbaijan to the European Court of Human Rights is equal to
the status of the Judge of the Constitutional Court of the Republic of
Azerbaijan and the guarantees (except of the guarantees provided for in
Articles 71, 72, 73.5, 73.6 and 73.8 of this Law) provided for the
present Law and other normative legal acts for the judge of the Constitutional
Court of the Republic of Azerbaijan shall also apply to the judge of European
Court of Human Rights selected from the Republic of Azerbaijan.
Article 74. Staff of
Constitutional Court
74.1. Legal, organizational and
informational maintenance of the activity of Constitutional Court shall be
provided for by the staff of Constitutional Court
74.2. Staff of Constitutional Court shall
act according to the Statute on the Staff of Constitutional Court to be
approved by the Chairman of Constitutional Court.
74.3. The structure as well as the list of
employees provided for within the framework of the costs allocated from the
state budget for the maintenance of the activity of Constitutional Court, as
the estimate of costs shall be determined by the Chairman of Constitutional
Court.
Article 75. Duties of
the Staff of Constitutional Court
75.0. The staff of Constitutional Court
shall:
75.0.1. Ensure the activities of
Constitutional Court and its judges
75.0.2. Prepare the reference papers and
other informational materials necessary for the activities of Constitutional
Court
75.0.3. Provide Constitutional
Court with clerks of court sessions
75.0.4. Conduct the clerical work of
Constitutional Court
75.0.5. Organize the reception of citizens
75.0.6. Preliminarily study via specified
procedure of complaints submitted to Constitutional Court
75.0.7. Ensure the registration and
storage of documents of Constitutional Court
75.0.8. Fulfill various tasks of the
Chairman, Deputy Chairman and Judges of Constitutional Court connected with
activities of Constitutional Court
75.0.9. Fulfill other duties arising in
connection with activities of Constitutional Court
Article 76. Logistics
Department of Constitutional Court
76.1. Material and technical support,
logistics and financial support for activity of Constitutional Court shall be
provided for by the Logistics Department of Constitutional Court
76.2. Logistics Department of
Constitutional Court shall act according to the Statute on Logistics
Department of Constitutional Court to be approved by the Chairman of
Constitutional Court
Article 77. Rights and
Duties of Staff and Logistics Department of Constitutional Court
77.1. Staff and Logistics Department of
Constitutional Court shall be recruited and dismissed by the Chairman of
Constitutional Court
77.2. Rights, duties and responsibilities
of the employees of Staff and Logistics Department of Constitutional Court
shall be regulated by the legislation on state service of the Republic of
Azerbaijan, Statute on Staff of Constitutional Court and Statute on Logistics
Department of Constitutional Court respectively
Article 78. Entry Into
Force of the Present Law
The present Law shall enter into legal
force from the date of its publication
Article 79. Concluding Provisions
79.1. Article 14 of the present law shall
apply to judges appointed after the entrance of the present law into legal
force. The term of office of judges of Constitutional Court appointed before
entrance of the present law into legal force shall be 10 years according to the
law “On Constitutional Court” of 21 October 1997 that was in force before this
Law came into force. In case of non-appointment of new judges of the
Constitutional Court in day of the expiration of powers of the judges of the
Constitutional Court who had been appointed before entrance of the present law
into legal force, the latter shall continue to implement his/her duties. In
this case the term of their office is considered as expired from the date of
appointment of the new judges of Constitutional Court (irrespective of their
quantity).
79.2. Judges of Constitutional Court
appointed before entrance of the present law into legal force can be
re-appointed according to provisions of the present law.
79.3. To consider as null and void the Law
of the Republic of Azerbaijan “On Constitutional Court” of 21 October 1997
(Collection of Legislation of the Republic of Azerbaijan, 1998, N1, Article 19;
2001, N5, Article 292; 2002, N1 Article 4; N8, Article 463; N12, Article 701)
from the day of entrance of the present law into legal force.
