Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held a regular session.
At the court session was examined the constitutional case based on the application lodged by the Court of Appeal of Baku city on interpretation of Article 155 of the Civil Procedure Code in connection with Articles 4.3‒4.6, 55.2, 152.1.6 and 156.1.6-1 of that Code.
Having heard the report of Judge S.Salmanova, studied and discussed reports of representatives of interested parties – Judge of Court of Appeal of Baku city N.Jafarov and Head of the State Building, Administrative and Military Legislation Department of the Milli Majlis (Parliament) H.M.Seyid; conclusions of specialists – Members of the Supreme Court, Bar Association Presidium and Mediation Council Board member A.Nabiyev, opinion of experts – professor of the UNESCO Department of Human Rights and Information Law of the Faculty of Law of Baku State University E.Aliyev, and associate professor of the Department of Civil Procedure and Commercial Law of the same faculty, Doctor of Philosophy in Law M.Yolchiyev, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.
The decision states that in accordance with Article 155.1 of the Civil Procedure Code of the Republic of Azerbaijan for the purpose of ensuring the right to legal protection established in Part I of Article 60 of the Constitution of the Republic of Azerbaijan, according to Articles 4.3-4.6 of that Code for examination together with the first claim, the defendant filing a mutual claim is not required to comply with the pre-trial settlement rules (claim and mediation) for commercial disputes, as well as disputes arising from family and labor relations.
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.