09.02.2024

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 inquiry of the Supreme Court of the Republic of Azerbaijan on related interpretation of the phrase "court decision resolving the issue of the departure of a minor citizen from the country, if one of the parents does not have the consent of the minor to leave the country" provided for in the third sentence of Article 11.2 of the Migration Code and in accordance with the Family Code, the third sentence of that article in terms of whether it contains a court decision on keeping the child with one of the parents with the Part III of Article 28, Articles 147 and 149 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge H.Afandiyeva, studied and discussed the report of interested parties – Supreme Court of the Republic of Azerbaijan and Staff of the Milli Majlis (Parliament), the conclusions of specialists – Baku Court of Appeal and Bar Association of the Republic of Azerbaijan, opinion of expert – Professor of the Department of Constitutional Law of the Law Faculty of Baku State University, Doctor of Philosophy G. Jabi, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that the phrase "court decision resolving the issue of the departure of a minor citizen from the country" stipulated in the third sentence of Article 11.2 of the Migration Code does not include the decision on which parent the child will be kept with in accordance with the Family Code.

In terms of Part VI of Article 17, Part III of Article 28 and Part I of Article 129 of the Constitution of the Republic of Azerbaijan, to recommend to the Milli Majlis to add to Article 11 of the Migration Code a provision stating that if there is a court decision on the maintenance of a child with one of the parents, the permission of another parent to leave the country is not required.

To recommend to the Milli Majlis of the Republic of Azerbaijan to establish reduced procedural deadlines for the court to resolve issues related to the departure of a minor citizen from the country.

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.