The Plenum of the Constitutional Court of
the Republic of Azerbaijan, chaired by Mr.Farhad Abdullayev,
held its regular session via procedure of special proceeding.
At the session, the Constitutional Court
examined the complaint of Gulsum Ahmedova on the conformity of the decision of
Civil Board of the Supreme Court of the Republic of Azerbaijan of February 19,
2019 with the laws and Constitution of the Republic of Azerbaijan.
Having heard the report of
Judge S. Salmanova, the reports of the legal representatives of the
subjects interested in special constitutional proceedings, conclusions of
expert, examined the materials of the case the Plenum of Constitutional Court
of the Republic of Azerbaijan adopted decision.
The Plenum of Constitutional Court decided to
recognize the decision of February 19, 2019 of Civil Board of the Supreme Court
of the Republic of Azerbaijan on the case of claim of Saadat Majidova against
Gulsum Ahmadova and others on invalidation of contracts of purchase and sale
and invalidation of mortgage contracts, and extract from the register of real
estate, etc., as well as related legal consequences, as null and void in connection
with non-conformity of it with parts I and II of Article 29, part I of Article
60 of the Constitution of the Republic of Azerbaijan, Articles 416, 418.1 and
418.3 of the Civil Procedure Code of the Republic of Azerbaijan. The case should
be re-examined in accordance with legal positions indicated in decision of
Constitutional Court, in the manner and term specified by the
civil procedure legislation of the Republic of Azerbaijan.
The decision come into force from the date of its
publication, is final, and may not be cancelled, changed or officially
interpreted by any institution or official.
