The Plenum of the Constitutional Court of the Republic
of Azerbaijan, chaired by Farhad Abdullayev, held its regular session via the
procedure of special proceeding.
At the session was examined the complaint filed by the
citizen M.Agayeva on the compliance of Supreme Court’s decision of April 16, 2018
with the laws and Constitution of the Republic of Azerbaijan.
Having heard the report of Judge S.Salmanova, the
report of applicant’s defense counsel, examined and discussed the materials of
the case, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted
decision.
The decision states that the decision of the Supreme
Court of the Republic of Azerbaijan of April 16, 2018 on the case of M. Agayeva
vs E.Agayev, M.Agayev and Ideal-I Construction LLC on the invalidation of the
contract and the division of the property acquired as a result of the joint
marriage and apartment no. 74, building no. 22, located at M. Alizadeh street,
Narimanov district shall be considered as null and void in connection with its non-conformity
with parts 1, 2 of Article 29 and part 1
of Article 60 of the Constitution of the Republic of Azerbaijan, Article 416,
417.1.4 and 417.2 of the Civil Procedure Code of the Republic of Azerbaijan. The
case shall be re-examined in accordance with this decision, as well as in
accordance with the procedure and time limits established by civil procedure
legislation of the Republic of Azerbaijan
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.
