15.07.2021

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 Sheki city on interpretation of Article 234 of the Criminal Code of the Republic of Azerbaijan in connection with Article 237 of this Code.

Having heard the report of Judge R.Ismaylov, studied and discussed reports of representatives of interested parties – Chairman of Court of Appeal of Sheki city K.Asadov 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, Chairman of the Criminal Board of the Court of Appeal of Baku city E.Rahimov, Head of Legal Support and Human Rights Department of the Prosecutor General's Office A.Osmanova, opinion of expert Head of the Department of Criminal Law and Criminology, Faculty of Law, Baku State University, Doctor of Law, Professor Sh. Samadova the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that, pursuant to the legal positions set out in the descriptive and substantiating part of this Decision, collection of illegally planted or cultivated plants containing narcotic substances (their parts) in considerably or large amounts described by Article 237 of the Criminal Code of the Republic of Azerbaijan.

Criminal acts, such as the manufacture of narcotic plants or parts of them in excess of the amount of personal consumption without the purpose of sale, or the production of any quantity of drugs for the purpose of sale and their subsequent storage, transportation, shipment, processing or sale, in accordance with the requirements of Article 17.1 of the Criminal Code of the Republic of Azerbaijan, should be described in Articles 234 and 237 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.