31.07.2023
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 Ganja District Court on interpretation of
Article 332.1 of the Code of Administrative Offenses in connection with
paragraph 1 of Part I of Article 37 of the Law of the Republic of Azerbaijan
"On Road Traffic".
Having heard the report of Judge S.Salmanova, studied and
discussed report of interested party – Ganja District Court and the Economic
Legislation Department of Administrative Office of the Milli Majlis
(Parliament);
conclusions of specialists – Supreme Court, Ministry of Justice, Ministry of Internal
Affairs and Bar Association; opinion of expert – Professor of the
Department of Civil Law of the Faculty of Law of Baku State University, Doctor
of Law M.Demirchiyeva, the Plenum of Constitutional Court of the Republic of
Azerbaijan adopted decision.
The decision states that taking into account the legal
positions reflected in the descriptive-substantiating part of this Decision of
the Plenum of the Constitutional Court of the Republic of Azerbaijan, to
recommend to the Milli Majlis (Parliament) of the Republic of Azerbaijan to exclude
in the relevant legislation the need to require a power of attorney for driving
a vehicle by a person who is not the owner of the vehicle.
Until the legislative body improves the norms of the
Code of Administrative Offenses of the Republic of Azerbaijan and the Law of
the Republic of Azerbaijan "On Road Traffic," in cases where the
person possessing the right of ownership of the vehicle is not in the vehicle,
driving a vehicle without a power of attorney (except for the cases of the
spouses having a certificate of joint ownership) entails administrative
liability established by Article 332.1. of this Code.
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.
