04.06.2021

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 request submitted by the Court of Appeal of Sumgait city on interpretation of Article 483 of the Code on Administrative Offenses of the Republic of Azerbaijan.

Having heard the report of Judge C. Qaracayev, studied and discussed reports of representatives of interested parties - Chairman of the Criminal Board of Court of Appeal of Sumgait city V.Jafarov and Head of the Administrative Legislation Sector of the Department of State Building, Administrative and Military Legislation of Milli Majlis K.Pashayeva, conclusions of specialists Chairman of the Criminal Board of Supreme Court H.Nasibov, Director General of the Central Bank of Azerbaijan R.Orujov, opinion of expert associate professor of the Department of Constitutional Law of the Baku State University, Doctor of Law S.Aliyev and the materials of the case, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that in accordance with the Law of the Republic of Azerbaijan "On Currency Regulation" and the "Rules of regulation of import and export operations in the Republic of Azerbaijan" approved by the Decree of the President of the Republic of Azerbaijan dated June 24, 1997 No. 609 the repayment of foreign currency funds obtained as a result of foreign economic activity and compulsorily transferred to the accounts of authorized banks of the Republic of Azerbaijan must be provided within 180 days, regardless of the method of mutual settlement.

The provision “funds received in foreign currency” of Article 483 of the Code on Administrative Offenses of the Republic of Azerbaijan envisages foreign currency funds that must be transferred to the accounts of authorized banks of the Republic of Azerbaijan regardless of their actual acquisition as a result of foreign economic activity.

In accordance with the requirements of Articles 3 and 12 of the Code on Administrative Offenses of the Republic of Azerbaijan, the courts must determine the guilt of the person who committed the administrative offense when applying the measure of responsibility provided for in Article 483 of this 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.