13.07.2022
Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by
Farhad Abdullayev, held a 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 Shirvan
city on interpretation of Article 333.2 of the Code of Administrative Offenses
of the Republic of Azerbaijan.
Having heard the report of Judge C.Qaracayev, studied and discussed reports of representatives of interested parties – Judge of the Court of Appeal of Shirvan city I.Abdullayev and, Head of the State Building, Administrative and Military Legislation Department of the Milli Majlis (Parliament) H.M.Seyid, conclusions of specialist – Chairman of the Criminal Board of the Supreme Court H.Nasibov, Chairman of the Criminal Board of the Court of Appeal of Baku city; opinion of expert – assistant professor of the Department of Constitutional Law of the Faculty of Law of Baku State University, Doctor of Law S.Aliyev the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.
The decision states that in terms of the requirements
of Articles 33.1.2 and 333.2 of the Code of Administrative Offenses of the
Republic of Azerbaijan the re-committing the same offence within a year after
the decision on imposing administrative sanctions comes into legal force in
accordance with Article 138 of that Code is the basis for the aggravation of
the person's responsibility and the application of a stricter sanction against
him/her.
In accordance with Articles 150.11 and 150.14 of the
Code of Administrative Offenses of the Republic of Azerbaijan according to
Article 35 of that Code the beginning of the period during which persons who
paid the administrative fine before the decision came into legal force and did
not challenge that decision in the manner established by legislation and who
are considered not to be brought to administrative responsibility should be
calculated from the day of the execution of the punishment.
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.