26.07.2023
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 of the Baku Court of Appeal on related
interpretation of Articles 81.1 and 81.3 of the Law "On Banks" with
Articles 131 and 132 of the Administrative Procedural Code.
Having heard the report of Judge K.Shafiyev, studied and
discussed report of interested party – Baku Court of Appeal and the Administrative
Office of the Milli Majlis (Parliament); conclusions of specialists – Supreme Court,
Central Bank, Bar Association, Deposit Insurance Fund and Azerbaijan Banks
Association; opinion of expert – 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 Article 81 of the Law of the
Republic of Azerbaijan "On Banks" regulates the procedure for the
realization of assets that are the guarantee of creditors' confirmed claims
against the bank and the bank's own claims.
From the point of view of the legal essence of Article
81 of the Law "On Banks," as well as Articles 131 and 132 of the
Administrative Procedure Code, the creditor's demand to send a penalty for a
mortgage (pledge) belonging to third parties in connection with a violation of
the bank's loan obligation in the process of liquidation should be examined not
in the order of administrative, but in the civil (claim) proceedings.
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.
