17.10.2024

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 on interpretation of Article 412.7 of the Criminal Procedure Code of the Republic of Azerbaijan in relation to Article 17.1.7 of the Law of the Republic of Azerbaijan "On Execution" in terms of Part I of Article 129 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge R.Gvaladze, studied and discussed the report of interested parties – Prosecutor's Office of the Republic of Azerbaijan and Staff of the Milli Majlis (Parliament), the conclusions of specialists – Criminal Board of the Supreme Court of the Republic of Azerbaijan, Criminal Board of the Baku Court of Appeal, the Sumgait Court of Appeal and the Bar Association of the Republic of Azerbaijan, opinion of expert – Head of the Department of Criminal Procedure of Baku State University, doctor of legal sciences, professor F.Abbasova, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that Article 17.1.7 of the Law of the Republic of Azerbaijan "On Execution," based on the peculiarities of civil proceedings, determines the case of forced termination of proceedings under an executive document precisely during civil proceedings.

In accordance with the requirements of parts I and III of Article 149 of the Constitution of the Republic of Azerbaijan and the legal positions reflected in the descriptive-substantiating part of this Decision of the Constitutional Court of the Republic of Azerbaijan, in the case of filing a cassation appeal against the part of the judgment or other decision of the court of appeal instance that has entered into force during the criminal proceedings, it should be recommended to the Milli Majlis of the Republic of Azerbaijan to regulate the issue of suspension of its execution.

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.