06.02.2023
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 Ganja city on interpretation of Articles 17, 18.2 and 18.3 of the Code of Administrative Offenses of the
Republic of Azerbaijan in a related manner.
Having
heard the report of Judge H.Afandiyeva, studied and
discussed reports of representatives of interested parties – Judge of Court of
Appeal of Ganja city E.Xasmammadov and Head of Department
of State Building, Administrative and Military Legislation of Milli Majlis (Parliament) S.Sultanov; conclusions of specialists – representatives
of the Criminal Board of the Supreme Court and the Department of legal support
of Administrative Office, the Presidium of the Bar Association, judge of the
Court of Appeal of Baku city E.Ragimov, Head of the Department of Legal
Support and Human Rights of the Prosecutor General's Office A.Osmanova; opinion
of expert – lecturer at the Department of Constitutional Law, Faculty of Law,
Baku State University G.Jabi, the Plenum of Constitutional Court of the Republic of
Azerbaijan adopted decision.
The decision states that according to the meaning of
Article 18.3 of the Code of Administrative Offenses of the Republic of
Azerbaijan, as a result of the failure of officials to exercise control under
Article 18.2 of this Code in favor of or in defense of the interests (legal and
official), on the basis of Article 17 of the Code, both of these entities may
be held liable for the committed administrative offence.
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.
