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 session was examined
the constitutional case submitted by Court of Appeal of Sheki city on
interpretation of Article 38.1 of the Code of the Republic of Azerbaijan on Administrative
Offences from the point of view of terms of the period of administrative
penalties for administrative offences provided for in Article 430.4 of the
Code.
Having heard the
report of Judge C.Qaracayev, the reports 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 decision
states that the courts, when determining the commission of an act provided for
in Article 430.4 of the Code of Administrative Offences of the Republic of
Azerbaijan, shall take into account that in case, within the term established
by the “Rules of Conduct of Operations of Residents of the Republic of
Azerbaijan in Foreign Currency, as well as non-residents - in national and
foreign currency”, goods are not imported, works have not been performed or
services have not been rendered, and the amount paid has not been returned,
then the next day is considered as the day of administrative offence. At the
same time under Article 38.1 of Code of Administrative Offences, administrative
penalties may be imposed no later than three months after the date of the
commission of the administrative offence.
When applying the
liability measures provided for in Article 430.4 of Code of Administrative Offences,
the courts must establish the guilt of the person who committed the
administrative offence, in accordance with the requirements of Code of Administrative
Offences, and consider these cases, strictly observing the deadlines provided
for in Article 111.1 of the Code.
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.
