28.03.2024

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 Shirvan Court of Appeal on interpretation of Articles 499.1 and 499.2 of the Code of Administrative Offenses of the Republic of Azerbaijan in relation to Article 38 of that Code in terms of Parts VIII and X, Article 80 of Article 71 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge I.Najafov, studied and discussed the report of interested parties – Shirvan Court of Appeal and Staff of the Milli Majlis (Parliament), the conclusions of specialists – Supreme Court of the Republic of Azerbaijan, State Customs Committee of the Republic of Azerbaijan, opinion of experts – Professor of the Department of Constitutional Law of the Faculty of Law of Baku State University, Doctor of Legal Sciences S. Aliyev and associate professor of that department, doctor of philosophy N. Shukurov, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that proceeding from the constitutional legal essence and purpose of Article 71, Parts VIII and X, Article 80 of the Constitution of the Republic of Azerbaijan, administrative offenses specified in Articles 499.1.1-499.1.5 of the Code of Administrative Offenses of the Republic of Azerbaijan are considered to be committed on the day when previously temporarily imported or transported goods or means of transport were taken out of the customs territory of the Republic of Azerbaijan or returned to this territory in violation of the specified time limits and the period of administrative liability determined by Article 38.1 of the Code of Administrative Offenses of the Republic of Azerbaijan begins from that date.

It should be recommended to the Milli Majlis (Parliament) of the Republic of Azerbaijan to improve the provision of "delayed for more than one year" stipulated in Article 499.1.5 of the Code of Administrative Offenses of the Republic of Azerbaijan.

Until the issue is resolved by legislation, the provision "with a delay of more than one year," established by Article 499.1.5 of the Code of Administrative Offenses of the Republic of Azerbaijan, means the export outside the customs territory of the Republic of Azerbaijan or return to this territory, delay in the export outside the customs territory of the Republic of Azerbaijan or the return to this territory of previously temporarily imported or exported goods or vehicles for a period of more than one year and up to the end of the next year.

If goods or means of transport that have been temporarily imported or transported before or must be taken out of the customs territory of the Republic of Azerbaijan or returned to this territory is not taken out of the customs territory of the Republic of Azerbaijan or returned to this territory for more than one year specified in Article 499.1.5 of the Code of Administrative Offenses of the Republic of Azerbaijan and until the end of the following year in accordance with this Decision, the next day should be considered as the day on which the administrative offense stipulated in Article 499.2 of the Code was committed.

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.