27.02.2024
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 inquiry of the Supreme Court of the Republic of Azerbaijan on
related interpretation of Parts I and III of Article 3 of the Labor Code of the
Republic of Azerbaijan with Articles 49.1, 50.1 and 50.4 of the Civil Procedure
Code of the Republic of Azerbaijan.
Having heard the report of Judge C.Qaracayev,
studied and discussed the report of interested parties – Supreme Court of the Republic of Azerbaijan and Staff
of the Milli Majlis (Parliament), the conclusions of specialists – Civil Board of the Baku
Court of Appeal and Bar Association of the Republic of Azerbaijan and the
Center for Legal Expertise and Legislative Initiatives, the Plenum of
Constitutional Court of the Republic of Azerbaijan adopted decision.
The decision states that in accordance with the legal
essence of Articles 53 and 54 of the Civil Code of the Republic of Azerbaijan,
as well as Article 49.1 of the Civil Procedure Code of the Republic of
Azerbaijan, since the structural subdivision of a legal entity does not have
the possibility of civil proceedings, in the relevant legal disputes it can
only act on behalf of a legal entity on the basis of the substantiation or
power of attorney approved by the latter.
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.
