15.03.2021

The Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held its regular session via the written procedure of special constitutional proceedings.

At the court session was examined the constitutional case based on the request submitted by the Khatai District Court of Baku city on interpretation of Article 54.3 of the Code on Administrative Offences of the Republic of Azerbaijan and some provisions of Articles 4, 21 and 27 of the Law of the Republic of Azerbaijan “On Prosecutor’s Office”.

Having heard the report of Judge R.Ismaylov, studied and discussed written reports of representatives of interested parties – Chairman of the Khatai District Court of Baku city R.Rzayev, Head of the administrative legislation sector of Department of State Building, Administrative and Military Legislation of the Milli Majlis K.Pashayeva, written opinions of specialist – Chairman of the Criminal Board of the Supreme Court H.Nasibov, Judge of the Criminal Board of the Court of Appeal of Baku city G.Babayev, Head of Legal Support and Human Rights Department of the Prosecutor General's Office A.Osmanova, and also the conclusion of the expert - associate professor of Constitutional Law of Baku State University, doctor of philosophy in law S. Aliyev, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that, on the basis of requirements of part X of Article 71 of the Constitution of the Republic of Azerbaijan, in accordance with the current version of Articles 54.2, 54.3 and 54.6 of the Code on Administrative Offences of the Republic of Azerbaijan, the prosecutor has the right to lodge a protest with the court against the decision made on case of administrative offences initiated on own initiative, as well as in relation to minors, regardless of whether he/she participated in the trial or not.

To take into account the legal issues specified in the descriptive and motivational part of this decision.

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.