25.12.2023

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 Bilasuvar District Court on interpretation of Articles 6.2, 390.1 and 390.5 of the Civil Code of the Republic of Azerbaijan and Part III of Article 19 of the Law of the Republic of Azerbaijan "On Lawyers and Lawyers" in connection with Article 61 of the Constitution of the Republic of Azerbaijan and Articles 16.1 and 560.2 of the Civil Code of the Republic of Azerbaijan.

Having heard the report of Judge C.Qaracayev, studied and discussed report of interested party – Bilasuvar District Court and Staff of the Milli Majlis (Parliament); conclusions of Baku Court of Appeal and 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 Article 61 of the Constitution of the Republic of Azerbaijan, Articles 6.2, 390.1 and 390.5 of the Civil Code of the Republic of Azerbaijan and Article 19 of the Law of the Republic of Azerbaijan "On Lawyers and Advocacy Activities" it is allowed to include provisions related to the payment of remuneration for a successful work result in legal assistance contracts.

In accordance with Articles 16.1, 339.1 and 560.2 of the Civil Code of the Republic of Azerbaijan, whether or not the provisions of the contracts on the provision of legal assistance services, which provide for a reward for the successful outcome of the case, constitute an abuse of rights as a heavy conditional contract, should be determined by the courts, taking into account the requirements of the legislation and the legal positions reflected in the descriptive-reasoning part of this Decision.

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.