04.04.2025

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 Prosecutor's Office of the Republic of Azerbaijan on the verification of the compliance of the decision of the Criminal Board of the Supreme Court dated May 22, 2024 with the Constitution and laws of the Republic of Azerbaijan.

Having heard the report of Judge C. Qaracayev, studied and discussed the reports of interested parties – Prosecutor's Office of the Republic of Azerbaijan and Supreme Court, the conclusions of specialists – Staff of the Milli Majlis (Parliament), Baku Court of Appeal and Bar Association, opinion of experts – Head of the Department of Criminal Law and Criminology, Faculty of Law, Baku State University, Doctor of Law, Professor Sh.Samadova and Dean of the Faculty of Economics and Law of the National Aviation Academy, Doctor of Law, Professor A.Rustamzadeh, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that in accordance with the requirements of Part II of Article 148 of the Constitution of the Republic of Azerbaijan, Articles 23.4 and 24 of the Constitutional Law of the Republic of Azerbaijan “On Normative Legal Acts”, and Articles 1, 3 and 5 of the Criminal Code of the Republic of Azerbaijan the international treaties to which the Republic of Azerbaijan is a party and which define the nature of crimes can only be applied through the adoption of relevant laws on amendments or additions to the Criminal Code.

Based on Part I of Article 63 of the Constitution of the Republic of Azerbaijan, the principles of legality and legal certainty, and the legal positions reflected in the descriptive and substantiating part of this Decision of the Plenum of the Constitutional Court, considering that public interests are protected by Article 312-1 of the Criminal Code, to recommended to the Milli Majlis (Parliament) to determine (differentiate) the circle of officials provided for in that article.

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.