04.05.2024

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 interpretation Articles 50.1 and 53 of the Law of the Republic of Azerbaijan "On Execution," Articles 139-1.1.2 and 139-1.1.4 of the Civil Code and Articles 8.0.2 and 8.0.4 of the Law of the Republic of Azerbaijan "On State Register of Real Estate" in connection with Part I of Article 60 and Parts I and II of Article 129 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge I.Najafov, studied and discussed the report of interested parties – Supreme Court and Staff of the Milli Majlis (Parliament), the conclusions of specialists – Baku Court of Appeal, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that regarding the procedure for formalizing the results of the claimant's acceptance of the debtor's seized property in the cases provided for by Articles 53.1 and 53.3 of the Law of the Republic of Azerbaijan "On Execution" and, in order to determine the basis for the state registration of the claimant's ownership right over the property, it should be recommended to the Milli Majlis to implement the relevant regulation in Articles 139-1 of the Civil Code and 8 of the Law of the Republic of Azerbaijan "On the State Register of Real Estate".

According to Parts I and III of Article 29, Part I of Article 60, Parts I and II of Article 129 of the Constitution of the Republic of Azerbaijan and the legal positions reflected in the descriptive and substantiating part of this Decision, until the issue is resolved by legislation, in the cases stipulated by Articles 53.1 and 53.3 of the Law of the Republic of Azerbaijan "On Execution", the claimant's acceptance of the debtor's seized property must be formalized with a protocol containing the claimant's statement of will regarding the acceptance of that property and signed by the executive officer and the state registration of the property right on that property should be done on the basis of this protocol.

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.