31.07.2023

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

At the court session was examined the constitutional case based on the application of the Ganja District Court on interpretation of Article 332.1 of the Code of Administrative Offenses in connection with paragraph 1 of Part I of Article 37 of the Law of the Republic of Azerbaijan "On Road Traffic".

Having heard the report of Judge S.Salmanova, studied and discussed report of interested party – Ganja District Court and the Economic Legislation Department of Administrative Office of the Milli Majlis (Parliament); conclusions of specialists – Supreme Court, Ministry of Justice, Ministry of Internal Affairs and Bar Association; opinion of expert – Professor of the Department of Civil Law of the Faculty of Law of Baku State University, Doctor of Law M.Demirchiyeva, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that taking into account the legal positions reflected in the descriptive-substantiating part of this Decision of the Plenum of the Constitutional Court of the Republic of Azerbaijan, to recommend to the Milli Majlis (Parliament) of the Republic of Azerbaijan to exclude in the relevant legislation the need to require a power of attorney for driving a vehicle by a person who is not the owner of the vehicle.

Until the legislative body improves the norms of the Code of Administrative Offenses of the Republic of Azerbaijan and the Law of the Republic of Azerbaijan "On Road Traffic," in cases where the person possessing the right of ownership of the vehicle is not in the vehicle, driving a vehicle without a power of attorney (except for the cases of the spouses having a certificate of joint ownership) entails administrative liability established by Article 332.1. of this Code.

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.