26.05.2025

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 Baku Court of Appeal on interpretation of Articles 41 and 76 of the Law of the Republic of Azerbaijan “On Notary” in connection with Article 128.1 of the Civil Procedure Code in terms of Parts I and II of Article 60 and Article 62 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge C.Qaracayev, studied and discussed the reports of interested parties – Baku Court of Appeal and Staff of the Milli Majlis (Parliament), the conclusions of specialists – Supreme Court, Bar Association, Center for Legal Examination and Legislative Initiatives, opinion of expert – Head of the Department of Civil Procedure and Commercial Law, Faculty of Law, Baku State University, Doctor of Philosophy in Law A.Aliyeva, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

In its decision Constitutional Court recommended to the Milli Majlis (Parliament) to reconsider the issue of determining the jurisdiction of the court in cases related to complaints filed against the execution record made by a notary, in accordance with Parts I and II of Article 60, Article 62 of the Constitution of the Republic of Azerbaijan and the legal positions reflected in the descriptive-substantiating part of this Decision. Until the above issue is resolved in accordance with legislation, the practice of reviewing complaints filed against the enforcement record kept by a notary in general courts as part of civil court proceedings should be continued. Until the legislative body clearly determines the period for disputing a notary's enforcement record, as provided for in Article 41 of the Law of the Republic of Azerbaijan "On Notary", the 10-day period provided for in Article 282 of the Civil Procedure Code of the Republic of Azerbaijan should be applied to the issue by analogy with the law.

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.