13.10.2022

Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held a session.

At the court session was examined the constitutional case based on the complaint of the Limited Liability Company Palladium Defense and Security Solutions on verification of conformity of Article 29.4 of the Law of the Republic of Azerbaijan "On Public Procurement" with Parts I and II of Article 29 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge R.Ismaylov, studied and discussed reports of representatives of interested parties – Head of the Economic Legislation Department of the Milli Majlis (Parliament) M.Bazigov, conclusions of specialists – Chairman of the Commercial Association of the Supreme Court of the Republic of Azerbaijan K. Abiyeva, Minister of Economy of the Republic of Azerbaijan M.Jabbarov and Chairman of the Bar Association of the Republic of Azerbaijan A.Bagirov and opinion of expert – associate professor of the Department of Civil Law, Faculty of Law, Baku State University, Doctor of Philosophy in Law S.Suleymanli the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that according to the meaning of Parts I and II of Article 29 of the Constitution of the Republic of Azerbaijan, the requirements of Article 29.4 of the Law of the Republic of Azerbaijan "On Public Procurement" cannot be applied to a tender that did not take place on the grounds specified in Article 11.1 of this Law.

Based on the legal positions reflected in the descriptive and reasoning part of this Decision, it should be recommended to the Milli Majlis (Parliament) of the Republic of Azerbaijan to finalize the Law of the Republic of Azerbaijan "On Public Procurement."

Compensation to the participants of the tender that did not take place due to the reason specified in Article 11.1 of the Law of the Republic of Azerbaijan "On Public Procurement," who paid for participation in the tender and registered as applicants, before the resolution of the issue by law, at the next auction held in accordance with Article 11.5 of this Law, is provided in the manner specified in the descriptive and reasoning 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.