31.10.2023
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 clause “a” of Article 6 of the Labor Code of the Republic
of Azerbaijan in connection with Article 208 of that Code and Articles
43.4, 128.2.3 and 129.1.4 of the Code of Administrative Offenses in terms of
Part VI of Article 35 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 and Staff of the
Milli Majlis (Parliament); conclusions of specialists – the Supreme Court of the Republic
of Azerbaijan, the Bar Association of the Republic of Azerbaijan, the Plenum of Constitutional
Court of the Republic of Azerbaijan adopted decision.
The decision states that in terms of the requirements
of Part VI of Article 35 of the Constitution of the Republic of Azerbaijan, according
to Article 208 of the Labor Code of the Republic of Azerbaijan the application
of labor protection norms and rules established by that Code and other
normative legal acts in relation to military personnel does not contradict to clause
"a" of Article 6 of the Labor Code of the Republic of Azerbaijan only
if they are employed in organizations.
According to the requirements of Articles 128.2.3 and
129.1.4 of the Code of Administrative Offenses of the Republic of Azerbaijan, a
protest against the decision of the competent body (official) in the case of
administrative offense against military personnel and military officials called
up to reservist training must be submitted to the district (city) court of the
place where the competent body is located.
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.
