01.03.2021

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

At the court session was examined the constitutional case based on the inquiry filed by the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan on verification of Article 1193 of the Civil Code of the Republic of Azerbaijan with parts I, III, IV and V of Article 25, part II of Article 26, parts I and VII of Article 29, parts I and II of Article 71, as well as parts I and III of Article 149 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge I. Nadjafov, studied and discussed written reports of representatives of interested parties –Head of the Scientific and Analytical Sector of the Administrative Office of the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan M.Mamedov, Head of the Economical Legislation of the Administrative Office of the Milli Majlis M.Bazigov, written opinions of specialists – representatives of the Supreme Court of the Republic of Azerbaijan  and judge of the Civil Board of the Court of Appeal of Baku city R.Eyvazov, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that, Article 1193 of the Civil Code of the Republic of Azerbaijan corresponds to parts I, III, IV and V of Article 25, part II of Article 26, parts I and VII of Article 29, parts I and II of Article 71, as well as parts I and III of Article 149 of the Constitution of the Republic of Azerbaijan.

In accordance with Article 1159 of the Civil Code and Article 134.1 of the Family Code of the Republic of Azerbaijan, which provide for the concept of a compulsory share in the inheritance, Article 1193 of the Civil Code of the Republic of Azerbaijan, which includes the provision "children, parents of the testator," implies adopted children and adoptive parents.