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 Constitutional Court examined the complaint S.Farajev on the compliance of the decision of Civil Board of the Supreme Court of the Republic of Azerbaijan of December 19, 2018 with the laws and Constitution of the Republic of Azerbaijan.
Having heard the report of Judge R.Ismaylov, 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 Plenum of Constitutional Court decided to recognize the decision of February 19, 2018 of Civil Board of the Supreme Court of the Republic of Azerbaijan on the case of complaint of S. Farajev v. S. Mustafayeva on the withdrawal of apartment and its transfer to the plaintiff as null and void in connection with non-conformity of it with para I of Article 29 and para I of Article 60 of the Constitution of the Republic of Azerbaijan and Articles 416, 418.1, 418.2 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 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.
