02.12.2022

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

At the court session was examined the constitutional case based on the request lodged by the Court of Appeal of Shirvan city on interpretation of Articles 12.2, 85 and 114.2.3 of the Code of Administrative Offenses of the Republic of Azerbaijan from the point of view of Part II of Article 127 of the Constitution and the mutual interpretation of Articles 65.1 and 318 of the Criminal Procedure Code of the Republic of Azerbaijan.

Having heard the report of Judge R.Gvaladze, studied and discussed reports of representatives of interested parties – Judge of the Court of Appeal of Shirvan city K.Bashirov, Head of the State Building, Administrative and Military Legislation Department of the Milli Majlis (Parliament) H.M.Seyid; conclusions of specialists – Chairman of the Criminal Board of the Supreme Court G.Nasibov, Judge of the Court of Appeal of Baku city K.Akperov and Head of the Department of Legal Support and Human Rights Issues of the General Prosecutor's Office A.Osmanova, member of the Bar Association I. Gasanov; opinion of expert – Associate Professor of the Department of Constitutional Law, Faculty of Law, Baku State University, Doctor of Law, S.Aliev, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that the existence of an irrevocable resolution of the investigating authority refusing to initiate a criminal case, in accordance with Article 85 of the Code of Administrative Offenses of the Republic of Azerbaijan, if there are signs of a crime discovered in the case of an administrative offense by a judge, does not prevent the submission of materials by the authorized body (official) to the prosecutor, the preliminary investigation body or the investigative body.

Taking into account the legal positions reflected in the descriptive-motivation part of this Decision, to recommend to the Milli Majlis (Parliament) of the Republic of Azerbaijan to regulate in the Criminal Procedure Code of the Republic of Azerbaijan the order of examination of the decision of the prosecutor to refuse to initiate a criminal case based on the materials sent to him/her by the court in accordance with Article 85 of the Code of Administrative Offenses 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.