09.06.2020

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 of Housing Construction Co-operative “Fortis Bayil” on the compliance of the decision of Civil Board of the Supreme Court of the Republic of Azerbaijan of October 11, 2019 with the laws and Constitution of the Republic of Azerbaijan.  

Having heard the report of Judge S.Salmanova, written statement by the complainant's counsel – Zaur Abbasov, written expert opinion – judge of Court of Appeal of Baku city Abiddin Huseynov, 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 Civil Board of the Supreme Court of the Republic of Azerbaijan of October 11, 2019 on a civil case on the basis of a lawsuit by V. Mir-Bagirova against the defendants, Housing Construction Co-operative “Fortis Bayil”, the executive branch of the Sabail district and the Sabail district police department of Baku, demanding recognition of violated rights and reparation of damages in the form of compensation is not in conformity with Article 60.1 of the Constitution of the Republic of Azerbaijan, Articles 416, 418.1 and 418.2 of the Civil Procedure Code of the Republic of Azerbaijan and thereby 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.  

In accordance with the norms of the Urban Planning and Construction Code of the Republic of Azerbaijan, the rules of territorial planning, renewal of housing stock, reconstruction of buildings in disrepair in order to create a humane and healthy habitat, which are one of the main areas of State policy in the field of urban planning and construction, to recommend to the Milli Majlis of the Republic of Azerbaijan to improve the legislation taking into account the legal positions reflected in present Decision. 

In disputes arising from this category of cases, before improving the above rules, the enforcer must be guided by the legal positions reflected in present Decision of the Plenum of the Constitutional Court 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.