Plenum of the Constitutional Court examined the constitutional case on interpretation of Articles 29.2 and 29.5 of the Law "On Civil Service" in terms of Articles 2 of the Law "On Prosecutor's Office"

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2024 Apr

16.04.2024

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 request of the Prosecutor’s Office of the Republic of Azerbaijan on interpretation of Articles 29.2 and 29.5 of the Law of the Republic of Azerbaijan "On Civil Service" in terms of Articles 2 of the Law of the Republic of Azerbaijan "On Prosecutor's Office".

Having heard the report of Judge C.Qaracayev, studied and discussed the report of interested parties – Prosecutor’s Office of the Republic of Azerbaijan and Staff of the Milli Majlis (Parliament), the conclusions of specialists – Baku Court of Appeal and Center for Legal Expertise and Legislative Initiatives, opinion of expert – Professor of the Department of Constitutional Law 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 in terms of the legal content of Article 133 of the Constitution of the Republic of Azerbaijan and Article 2 of the Law of the Republic of Azerbaijan "On Prosecutor's Office" the provision of the third part of Article 29.5 of the Law of the Republic of Azerbaijan "On Civil Service" "persons serving in judicial authorities" also includes persons without special or military rank working in prosecutor's offices with a similar legal status within the bodies belonging to the judicial authority system.

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.