13.04.2020
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 N.Hajiyev on the compliance of the decision of Civil Board of the Supreme Court of the Republic of Azerbaijan of August 7, 2019 with the laws and Constitution of the Republic of Azerbaijan.
Having heard the report of Judge K.Shafiyev, the reports of complainant, his representative and lawyer, 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 decision of the Civil Board of Supreme Court of the Republic of Azerbaijan of August 7, 2019 on case of Shakhin Murguzov against Housing construction cooperative “Topaz” Aftandil Aliyeva and Narmina Hajiyeva (Iskenderli) concerning recognition invalid contracts of purchase and sale contradicts to Article 60 of the Constitution of the Azerbaijan Republic, Articles 416.417.1.4 and 417.2 of the Civil Procedure Code of the Republic of Azerbaijan, and therefore should be considered as null and void. 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.
