13.01.2022

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 Military Court of Ganja city on interpretation of Articles 34-1 and 156.2 of the Code of Administrative Offenses of the Republic of Azerbaijan in connection with Articles 30.2, 610-618 of this Code.

Having heard the report of Judge C.Qaracayev, studied and discussed reports of representatives of interested parties – Judge of the Military Court of Ganja city K.Mukhtarov and Head of the Administrative Legislation Sector of the Department of State Building, Administrative and Military Legislation of Milli Majlis (Parliament) K.Pashayeva, conclusions of specialists – Chief of the Department of Legal Support and Human Rights of the Prosecutor General's Office A.Osmanova, Judge of the Court of Appeal of Baku city F.Qasimov, Chairman of the Military Court of Baku city H.Hasanov the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that as the holding in military custody of a person who has committed administrative offenses under Chapter 41 of Code of Administrative Offenses but has lost the status of a serviceman due to discharge from military service is not in accordance with the legal nature and purpose of Article 156.2 of this Code, they must be kept in custody in places determined by the relevant executive authority.

Pursuant to the meaning of Article 34-1 of Code of Administrative Offenses, a judge may not impose a fine on a person for administrative offenses against military service in lieu of administrative detention provided for in the relevant article of the Special Part of this Code.

When imposing sanctions on persons who have committed administrative offenses against military service, their exceptional services in protecting the territorial integrity of the Republic of Azerbaijan, ensuring the defense and security of our State, as well as positive personal characteristics shall be considered as mitigating circumstances in accordance with Article 32.2 of the Code of Administrative Offenses.

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.