06.04.2023

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 Sheki city on related interpretation of Article 150.9 of the Code of Administrative Offenses of the Republic of Azerbaijan and Articles 38, 145.1.6 and 146.1-1 of that Code.

Having heard the report of Judge C. Qaracayev, studied and discussed report of interested party – State building, administrative and military legislative department of the Milli Majlis (Parliament); conclusions of specialist – Criminal Board of the Court of Appeal of Baku city; opinion of expert – associate professor of the Department of Constitutional Law, Faculty of Law, Baku State University, Doctor of Legal Sciences S. Aliyev, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that in accordance with Articles 150.9 and 529.1 of the Code of Administrative Offenses of the Republic of Azerbaijan, if the protocol on the relevant administrative offense is not drawn up within the period specified by the legislation, and as a result, the period of bringing to administrative responsibility has passed, in accordance with Articles 38.1, 53 and 109.2 of that Code, the proceedings on the case are terminated. If a person cannot be brought to administrative responsibility according to Articles 529.1 or 529.2 of the Code of Administrative Offenses of the Republic of Azerbaijan, the mandatory enforcement measures are continued on the decision to impose a penalty in the form of an administrative fine. Re-bringing a person to administrative responsibility for failure to comply with the decision to impose a penalty in the form of an administrative fine is excluded.

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.