04.06.2020
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 A.Kerimov
on the compliance of the decision of Administrative-Economical Board of the
Supreme Court of the Republic of Azerbaijan of July 9, 2019 with the laws and
Constitution of the Republic of Azerbaijan.
Having heard the report of Judge K.Shafiyev, the reports of
complainant, 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 decision of the Administrative - Economic
Board of the Supreme Court of the Republic of Azerbaijan of July 9, 2019 in the
case of N. Alammadzade and others against Territorial Administration No. 9 of
the State Real Estate Register Service of the State Committee on Property
Issues of the Republic of Azerbaijan, A. Kerimov and third parties demanding the
annulment of the decision of the Gabala District Commission on Agrarian Reform
No. 3 of February 26, 2001 concerning the transfer of 0,03 and 0.07 hectares of
land owned by the latter, and imposing an obligation on the respondent with the
purpose of annulment of the “Certificate of Land Ownership” is contrary to
Articles 29 and 60.1 of the Constitution of the Republic of Azerbaijan,
Articles 91 and 96.5.1 of the Administrative Procedure Code of the Republic of
Azerbaijan and thereby is 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.
