Plenum of the Constitutional Court examined the constitutional case on related interpretation of Parts I and III of Article 3 of the Labor Code with Articles 49.1, 50.1 and 50.4 of the Civil Procedure Code

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2024 Feb

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.