19.11.2024

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 Human Rights Commissioner (Ombudsman) of the Republic of Azerbaijan on verification of conformity of Article 36-2.3 of the Law of the Republic of Azerbaijan “On Education” and paragraph 1.4 of the “Rules for Certification of Educators Working in State General Educational Institutions (in relation to general education educators in other state educational institutions)”, approved by Resolution No.155 of the Cabinet of Ministers of the Republic of Azerbaijan of April 30, 2020 with Articles 35 of the Constitution of the Republic of Azerbaijan and 79 of the Labor Code of the Republic of Azerbaijan.

Having heard the report of Judge K.Shafiyev, studied and discussed the reports of interested parties – Human Rights Commissioner (Ombudsman) of the Republic of Azerbaijan and Staff of the Milli Majlis (Parliament), Ministry of Science and Education, Baku Court of Appeal and the Bar Association of the Republic of Azerbaijan, opinion of experts – Head of the Department of Labor and Environmental Law, Faculty of Law, Baku State University, Doctor of Law, Professor A.Gasimov and Professor of the Department of Labor and Environmental Law, Doctor of Law M.Aliyev, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that Article 36-2.3 of the Law of the Republic of Azerbaijan “On Education” and paragraph 1.4 of the “Rules for Certification of Educators Working in State General Educational Institutions (in relation to general education educators in other state educational institutions)” approved by the Resolution No.155 of the Cabinet of Ministers dated April 30, 2020 do not contradict to Article 35 of the Constitution of the Republic of Azerbaijan and Article 79 of the Labor Code of the Republic of Azerbaijan.

The legal positions indicated in the descriptive-substantiating part of the present Decision of the Plenum of the Constitutional Court of the Republic of Azerbaijan should be taken into account in the regulation of labor relations.

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.