20.10.2023
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 Sheki District Court on related
interpretation of Articles 18.5, 18.6, 43.3-1, 54.2 and 103 of the Code of
Administrative Offenses of the Republic of Azerbaijan in terms of parts I and X
of Article 71 of the Constitution of the Republic of Azerbaijan.
Having heard the report of Judge I.Najafov, studied and
discussed report of interested party – Sheki District Court and Staff of
the Milli Majlis (Parliament); conclusions of specialists – the Supreme Court, the General
Prosecutor’s Office, the Bar Association, the Plenum of Constitutional Court
of the Republic of Azerbaijan adopted decision.
The decision states that proceeding from the legal
nature of parts I and X of Article 71 of the Constitution of the Republic of
Azerbaijan, in addition to the administrative offenses listed in Article 54.2
of the Code of Administrative Offenses of the Republic of Azerbaijan, the
prosecutor who has made a decision to initiate proceedings on other
administrative offenses has the right to send that decision to the court in
order to bring the legal entity to administrative responsibility according to
Articles 18.5 and 103 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.
