LAW OF THE REPUBLIC OF AZERBAIJAN
ON Courts and Judges
ACT 1997
(as amended June 14, 2005)
Baku – 2005
Part I. Courts
Chapter I. Judicial power
Article 1. Establishment of the courts in the Republic of Azerbaijan
Courts of the Republic of Azerbaijan that are established according to the legislation of the Republic of Azerbaijan, are acting in the Republic of Azerbaijan. Subject to part VI Article 125 of the Constitution of the Republic of Azerbaijan, use of legal means not foreseen by law with the purpose of the courts’ power alteration and establishment of extraordinary courts and foreign courts, or courts not foreseen by this ACT is forbidden.
Activity and status of the judges of the Constitutional Court of the Republic of Azerbaijan (hereafter – Constitutional court) is determined by the Constitutional Court ACT of the Republic of Azerbaijan.
Article 2. Legislation on courts and judges
Legislation of the Republic of Azerbaijan on courts and judges consists of the Constitution of the Republic of Azerbaijan, this ACT, other legislation of the Republic of Azerbaijan and international treaties to which it is a party.
Article 3. Objectives of the courts
Activity of the courts of the Republic of Azerbaijan is aimed solely at the administration of justice and, in cases and order provided by legislation, at the enforcement of judicial supervision.
While administering justice, courts protect rights and freedoms of person and citizen, rights and lawful interests of all enterprises, establishments and organizations irrespective of the form of
property, political parties, civil associations, other legal persons, from any encroachments and law violations, fulfill other objectives provided for in Constitution of the Republic of Azerbaijan and this ACT.
Vesting of other objectives on courts is inadmissible.
Article 4. Consideration of cases in courts
In courts, cases shall be are considered at the First Instance, Court of Appeal and Court of Cassation.
In cases and order provided by legislation of the Republic of Azerbaijan cases in the courts of the Republic of Azerbaijan are considered in panel or by sole judge: in the first instance courts –by one judge or panel consisting of three judges, or by jurors; in the Court of Appeal and Court of Cassation – by panel of three of or more judges.
At the consideration of cases the courts shall be guided by the Constitution, acts and other legislative instruments of the Republic of Azerbaijan, and also by international treaties to which the Republic of Azerbaijan is a party.
The minutes of trial shall be taken when the case is considered in court. Technical facilities may be used in order to keep the record of court proceedings, as well as, procedural measures carried out in the course of the judicial investigation during the trial.
Article 5. Judgments of court
Courts pass resolutions, verdicts, writs and decisions (hereafter judgments), on behalf of the Republic of Azerbaijan, on the cases that they consider.
All judgments of the cassation and appeal instances shall be published within one month upon the issue and disseminated by means of electronic carriers. Attached to these decisions shall be the quashed or altered decisions of the lower instance courts.
In the order provided by the legislation of the Republic of Azerbaijan, the effective court judgments shall be implemented in an obligatory, timely and precise manner by all natural and legal persons on the territory of the Republic of Azerbaijan.
Failure to fulfill judicial effective judgments entails liability provided by the legislation of the Republic of Azerbaijan.
Article 6. Symbols of judicial power
Symbols of judicial power in the Republic of Azerbaijan consist of State flag of the Republic of Azerbaijan, national emblem and official emblem of justice.
All judges of the Republic of Azerbaijan run sessions in mantle. Subject to part V article 94 of the Constitution of the Republic of Azerbaijan, description of the official emblem of justice and judges’ mantle is provided by act of the Republic of Azerbaijan.
Chapter II. Basic provisions on administration of justice
Article 7. Equality of everyone before law and court
As set down in Article 25 of the Constitution of the Republic of Azerbaijan, justice in the Republic of Azerbaijan is administered on the bases principle of equality of everyone before law and court, irrespective of race, nationality, religion, language, sex, origin, proprietary status, public rank, conscience, membership in political parties, trade unions or other civil organizations.
Article 8. Administration of justice in compliance with the principle of ensuring independence of judges without any restrictions, and in a fact based, impartial, just and lawful manner
Justice is administered in compliance with the principle of ensuring independence of judges without any restrictions, and in a fact based, impartial, just and lawful manner.
Article 9. Inadmissibility of interference with court proceeding and disrespect to court
Direct or indirect restricting, undue influencing, threatening or interfering with court proceedings or acting in disrespect of the court and explicit disobedience by any person for any reason is inadmissible and shall entails liability provided by the legislation of the Republic of Azerbaijan.
Article 10. Guarantee of the rights to defense
The rights and freedoms of the citizens of the Republic of Azerbaijan, foreign citizens living within its territory and stateless persons, as well as, lawful interests of legal persons provided by the Constitution of the Republic of Azerbaijan and other legislation shall be subject of judicial protection from all sorts of encroachments and violations at any stage of court proceedings.
Noone shall be deprived of the right to judicial protection.
Suspected and accused persons shall enjoy the right to defense by means provided by the legislation of the Republic of Azerbaijan, including the right to resort to the legal aid as of the time of detention, arrest and prosecution for commission of criminal offence.
As set down in part II Article 61 of Constitution of the Republic of Azerbaijan, the state shall provide legal aid free of charge at its own expense, in cases provided by legislation.
Article 11. Presumption of Innocence
The principle of presumption of innocence provided by Article 63 of Constitution of the Republic of Azerbaijan shall comply with in the courts of administration of justice.
Article 12. Publicity of court sessions
According to part V Article 127 of the Constitution of the Republic of Azerbaijan, trials in all courts shall be carried in open sessions except the cases that are considered in close sessions.
Except the cases provided by legislation, trials in absentia shall not be allowed.
In all cases, judgments shall be pronounced publicly.
Article 13. Competition in court proceedings
With the equality of arms being guaranteed, the court proceedings shall be carried out according to the principle of competition, subject to part VII Article 127 of Constitution of the Republic of Azerbaijan.
Article 14. Language of court proceedings
Court proceeding shall be carried out in language specified in part X Article 127 of the Constitution of the Republic of Azerbaijan.
The persons who do not know the language of court proceedings shall not be restricted in his/her right.
In cases provided by the legislation of the Republic of Azerbaijan, each person shall have one’s right to avail oneself of translator/interpreter’s services guaranteed.
Article 15. Jurisdiction of courts
Diverting of cases from the appropriate jurisdiction of courts provided by the legislation of the Republic of Azerbaijan or undue withdrawal of the cases from the relevant authorized judge shall not be allowed.
Article 16. Restriction of the judge’s participation in trial
Shall the judge have tried the case at first, appeal or cassation instances; s/he will not be allowed to re-try the same case.
In cases provided by the legislation of the Republic of Azerbaijan,shall there be reasons raising suspicions as to the impartiality of ajudge, s/he will have to withdraw or be removed from the case.
Article 17. Inadmissibility of non-procedural relationships in
court proceeding
Non-procedural relationships not provided by legislation between staff of the court and trial participants, or between the courts of first instance, appeal and cassation instances in connection with the consideration of the cases shall not be allowed.
Article 18. Sine qua non of administration of justice
Courts of the Republic of Azerbaijan shall administer justice in the manner relevant to the high status of the judicial power, enabling to conform to all procedural requirements, and excluding influence on freedom of judges’ will expression.
Violation of provisions related to administration of justice shall entail legal liability provided by law.
Chapter III. Judicial system of the Republic of Azerbaijan
Article 19. Courts administering justice
Justice in the Republic of Azerbaijan shall be administered by the following courts, which belong to the judicial system of the Republic of Azerbaijan:
• district (city) courts;
• Serious Crimes Court of the Republic of Azerbaijan (hereafter Serious Crimes Court);
• military courts;
• Military Serious Crimes Court of the Republic of Azerbaijan (further called- Military Serious Crimes Court);
• local economic courts;
• Economic Court of the Republic of Azerbaijan on Disputes Arising from International Treaties (hereafter Economic Court on Disputes, Arising from International Treaties)
• Supreme Court of Nakhchivan Autonomous Republic (hereafter NAR Supreme Court);
• Court of Appeal of the Republic of Azerbaijan (hereafter Court of Appeal)
• Economical Court of the Republic of Azerbaijan (hereafter Economical Court);
• Supreme Court of the Republic of Azerbaijan (hereafter Supreme Court).
Other courts may be established within the framework of the Judicial System of the Republic of Azerbaijan in the order provided by legislation.
Each court of the Republic of Azerbaijan is an independent legal person and shall have a seal bearing the image of the State Emblem of the Republic of Azerbaijan.
Chapter IV. District (city) courts
Article 20. District (city) court and its powers
As a court of first instance, district (city) courts shall try civil, criminal, administrative and other cases within their jurisdiction provided by the legislation.
District (city) court analyzes judicial statistics, studies and summarizes the data related to the level of arranging the judicial activity and judicial practice, and exercises other powers provided by the legislation of the Republic of Azerbaijan.
Article 21. Organization of district (city) court
District (city) court is established in districts, towns (except the towns of district subordination) and city districts of the Republic of Azerbaijan.
Organization, location and jurisdiction of district (city) court shall be determined by the legislation of the Republic of Azerbaijan.
Only one district (city) court shall be established in one district (city).
Article 22. Structure of the district (city) court
District (city) court shall consist of the President and judges.
Number of judges of district (city) court shall be determined according to paragraph 32 Article 109 of the Constitution of the Republic of Azerbaijan.
Article 23. Power of the President of district (city) court
President of district(city) court shall be entitled to:
• manage the organization court activity and operation of the court staff; ensures observance of labor and performance dicipline in the court;
• preside in court sessions, distribute cases between judges according to the their workload;
• recruit, dismiss, reward and call to disciplinary liability the court staff;
• report to the Session of the Plenary Board of the Supreme Court about the administration of justice of the district (city) court;
• direct the work on studying and summarizing of the data related to the level of arranging the judicial activity and of the judicial practice, as well as, maintaining judicial statistics;
• arrange activity of the court in the area of reception of persons, consideration of suggestions, motions and complaints;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Shall there be only one judge appointed to district (city) court, s/he will exercise the powers of the president of the court.
Article 24. Substitution of the president or judge of district
(city) court
Shall the president of district (city) court fail to exercise his/her powers, the relevant executive body* of the Republic of Azerbaijan (hereafter relevant executive body) will temporarily vest the powers of the president in one of the judges of this court.
Shall the judge of the court with only one judge fail to exercise his/her powers, the relevant executive body* will temporarily vest the powers in the one of the judges of other district (city) court.
Chapter V. Serious crimes court
Article 25. Serious Crimes Court and its powers
As a court of first instance, Serious Crimes Court shall try criminal cases within its jurisdiction provided by the legislation.
Serious Crimes Court, in order provided by the legislation of the Republic of Azerbaijan, decides on the extradition of criminals, analyzes judicial statistics, studies and summarizes the data related to the level of arranging the judicial activity and judicial practice, and exercises other powers provided by the legislation of the Republic of Azerbaijan.
* here the authorities of the relevant executive body are carried out by the Ministry of Justice of the Republic of Azerbaijan
* here the authorities of the relevant executive body are carried out by the Ministry of Justice of the Republic of Azerbaijan
Article 26. Organization of the Serious Crimes Court
Serious Crimes Court is established in the city of Baku, the capital of the Republic of Azerbaijan, with its jurisdiction encompassing the territory of the Republic of Azerbaijan (except the Nakhchivan Autonomous Republic).
Article 27. Structure of the Serious Crimes Court
Serious Crimes Court shall consist of President, his/her deputy and judges.
In cases and order provided by the legislation, the jury panel may be set up in this court in order to try cases at the first instance.
Number of judges of the Serious Crimes Court shall be determined according to paragraph 32 Article 109 of the Constitution of the Republic of Azerbaijan.
Article 28. Powers of the President of the Serious Crime Court
President of the Serious Crimes Court shall be entitled to:
• manage the organization of the court activity and operation of the court staff; ensure observance of labor and performance dicipline in the court;
• preside in court sessions, distribute cases between judges according to the their workload;
• recruit, dismiss, reward and call to disciplinary liability the court staff;
• report to the Sessions of the Plenary Board of the Supreme Court about the administration of justice of the Serious Crimes Court;
• direct the work on studying and summarizing of the data related to the level of arranging the judicial activity and of the judicial practice, as well as, maintaining judicial statistics;
• arrange activity of the court in the area of reception of persons, consideration of suggestions, motions and complaints;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Article 29. Powers of the Deputy President of the Serious
Crime Court
Deputy President of the Serious Crime Court shall be entitled to:
• preside at the court sessions; deals with issues specified by the President of the Serious Crimes Court; subject to the instructions of the President, exercise his/her powers; and
substitute the President in case of his/her absence or his/her failure to exercise powers.
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Article 30. Substitution of the Deputy President of the Serious
Crime Court
Shall the Deputy President of the Serious Crime Court fail to exercise his/her powers, the relevant executive body* will temporarily vest the his powers in one of the judges of this court.
* here the authorities of the relevant executive body are carried out by the Ministry of
Justice of the Republic of Azerbaijan
Chapter VI. Military courts
Article 31. Military court and its power
As a court of first instance, military court shall try criminal cases
within its jurisdiction provided by the legislation.
Military court analyzes judicial statistics, studies and summarizes the data related to the level of arranging the judicial activity and judicial practice, and exercises other powers provided by the legislation of the Republic of Azerbaijan.
Article 32. Organization of military court
Military court is organized at the location of military garrisons of the Armed Forces of the Republic of Azerbaijan, with due consideration to the number of military units to be covered by the jurisdiction of this court.
Jurisdiction of military court covers military units of relevant garrisons.
Organization, location and jurisdiction shall be determined by the legislation of the Republic of Azerbaijan.
Article 33. Structure of military court
Military Court shall consist of President and judges.
Number of judges of the military court shall be determined according to paragraph 32 Article 109 of the Constitution of the Republic of Azerbaijan.
Article 34. Powers of the president of military court
President of military court shall be entitled to:
• manage the organization of the court activity and operation of the court staff; ensure observance of labor and performance dicipline in the court;
• preside in court sessions, distribute cases between judges according to the their workload;
• recruit, dismiss, reward and call to disciplinary liability the court staff;
• report to the Sessions of the Plenary Board of the Supreme Court about the administration of justice of military court;
• direct the work on studying and summarizing of the data related to the level of arranging the judicial activity and of the judicial practice, as well as, maintaining judicial statistics;
• arrange activity of the court in the area of reception of persons, consideration of suggestions, motions and complaints;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
If only one judge is appointed to military court s/he shall fulfil commissions of President of this court.
Article 35. Substitution of President or judge of military court
Shall the president of military court fail to exercise his/her powers, the relevant executive body* of the Republic of Azerbaijan (hereafter relevant executive body) will temporarily vest the powers of the president in one of the judges of this court.
Shall the judge of the military court with only one judge fail to exercise his/her powers, the relevant executive body will temporarily vest the powers in the one of the judges of other military court.
* here the authorities of the relevant executive body are carried out by the Ministry of Justice of the Republic of Azerbaijan
Chapter VII. Military serious crimes court
Article 36. Military Serious Crimes Court and its powers
As a court of first instance, Military Serious Crimes Court shall try criminal cases within its jurisdiction provided by the legislation.
Military Serious Crimes Court, in order provided by the legislation of the Republic of Azerbaijan, decides on the extradition of criminals, analyzes judicial statistics, studies and summarizes the data related to the level of arranging the judicial activity and judicial practice, and exercises other powers provided by the legislation of the Republic of Azerbaijan.
Article 37. Organization of the Military Serious Crimes Court
Military Serious Crimes Court is established in the city of Baku, the capital of the Republic of Azerbaijan. Its jurisdiction covers all military units of garrisons of the Armed Forces of the Republic of Azerbaijan (the powers of the Military Serious Crimes Court in the territory of the NAR shall be exercised by the NAR Supreme
Court)
Article 38. Structure of Military Serious Crimes Court
Military Court shall consist of President and judges.
Number of judges of the military court shall be determined according to paragraph 32 Article 109 of the Constitution of the Republic of Azerbaijan.
Article 39. Powers of the president of military court
President of military court shall be entitled to:
• manage the organization of the court activity and operation of the court staff; ensure observance of labor and performance dicipline in the court;
• preside in court sessions, distribute cases between judges according to the their workload;
• recruit, dismiss, reward and call to disciplinary liability the court staff;
• report to the Sessions of the Plenary Board of the Supreme Court about the administration of justice of military court;
• direct the work on studying and summarizing of the data related to the level of arranging the judicial activity and of the judicial practice, as well as, maintaining judicial statistics;
• arrange activity of the court in the area of reception of persons, consideration of suggestions, motions and complaints;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
If only one judge is appointed to military court s/he shall fulfil commissions of President of this court.
Article 40. Powers of the Deputy President of the Military
Serious Crime Court
Deputy President of the Military Serious Crime Court shall be entitled to:
• preside at the court sessions; deals with issues specified by
the President of the Military Serious Crimes Court; subject to
the instructions of the President, exercise his/her powers; and
substitute the President in case of his/her absence or his/her
failure to exercise powers.
• exercise other powers vested in it by legislation of the
Republic of Azerbaijan.
Article 41. Substitution of the Deputy President of the Military
Serious Crime Court
Shall the Deputy President of the Military Serious Crime Court
fail to exercise his/her powers, the relevant executive body* will
temporarily vest the his powers in one of the judges of this court.
Chapter VIII. Local economic courts
Article 42. Local economic court and its powers
As a court of first instance, local economic court shall try cases on
economic disputes within their jurisdiction provided by the
legislation.
Local economic court analyzes judicial statistics, studies and
summarizes the data related to the level of arranging the judicial
activity and judicial practice, and exercises other powers provided
by the legislation of the Republic of Azerbaijan.
Article 43. Organization of local economic court
Local economic court is established in administratively divided
territorial areas or in free trade zones of the Republic of
Azerbaijan.
Organization, location and jurisdiction of local economic court
shall be determined by the legislation of the Republic of
Azerbaijan.
Only one local economic court shall be established in one district
(city).
* here the authorities of the relevant executive body are carried out by the Ministry of
Justice of the Republic of Azerbaijan
Article 44. Structure of local economic court
Local economic court shall consist of the President and judges.
Number of judges of district (city) court shall be determined
according to paragraph 32 Article 109 of the Constitution of the
Republic of Azerbaijan.
Article 45. Power of the President of local economic court
President of district(city) court shall be entitled to :
• manage the organization of the court activity and operation of
the court staff; ensure observance of labor and performance
dicipline in the court;
• preside in court sessions, distribute cases between judges
according to the their workload;
• recruit, dismiss, reward and call to disciplinary liability the court staff;
• report to the Sessions of the Plenary Board of the Supreme Court and Plenary Board Session of the Economic Court about the administration of justice of local economic court;
• direct the work on studying and summarizing of the data related to the level of arranging the judicial activity and of the judicial practice, as well as, maintaining judicial statistics;
• arrange activity of the court in the area of reception of persons, consideration of suggestions, motions and complaints;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Shall there be only one judge appointed to local economic court, s/he will exercise the powers of the president of the court.
Article 46. Substitution of the president or judge of local economic court
Shall the president of local economic court fail to exercise his/her powers, the relevant executive body* will temporarily vest the powers of the president in one of the judges of this court.
Shall the judge of the court with only one judge fail to exercise his/her powers, the relevant executive body* will temporarily vest the powers in the one of the judges of other local economic court.
Chapter IX. Economic Court on Disputes Arising from
International Treaties
Article 47. Economic Court on Disputes Arising from International Treaties and its power
As a court of first instance, Economic Court on Disputes Arising from International Treaties shall try cases on economic disputes within their jurisdiction provided by the legislation.
Economic Court on Disputes Arising from International Treaties analyzes judicial statistics, studies and summarizes the data related to the level of arranging the judicial activity and judicial practice,
and exercises other powers provided by the legislation of the Republic of Azerbaijan.
Article 48. Organization of the Economic Court on Disputes Arising from International Treaties
Economic Court on Disputes Arising from International Treaties shall be established in the city of Baku, the capital of the Republic
* here the authorities of the relevant executive body are carried out by the Ministry of Justice of the Republic of Azerbaijan
* here the authorities of the relevant executive body are carried out by the Ministry of Justice of the Republic of Azerbaijan of Azerbaijan. Its jurisdiction shall encompass entire territory of the Republic of Azerbaijan.
Article 49. Structure of the Economic Court on Disputes Arising from International Treaties
Economic Court on Disputes Arising from International Treaties shall consist of the President and judges.
Number of judges of district (city) court shall be determined according to paragraph 32 Article 109 of the Constitution of the Republic of Azerbaijan.
Article 50. Power of the President of the Economic Court on Disputes Arising from International Treaties
President of the Economic Court on Disputes Arising from International Treaties shall be entitled to :
• manage the organization of the court activity and operation of the court staff; ensure observance of labor and performance dicipline in the court;
• preside in court sessions, distribute cases between judges according to the their workload;
• recruit, dismiss, reward and call to disciplinary liability the court staff;
• report to the Sessions of the Plenary Board of the Supreme Court and Plenary Board Session of the Economic Court about the administration of justice of the Economic Court on Disputes Arising from International Treaties;
• direct the work on studying and summarizing of the data related to the level of arranging the judicial activity and of the judicial practice, as well as, maintaining judicial statistics;
• arrange activity of the court in the area of reception of persons, consideration of suggestions, motions and complaints;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Article 51. Substitution of the president or judge of the Economic Court on Disputes Arising from International Treaties
Shall the president of the Economic Court on Disputes Arising from International Treaties fail to exercise his/her powers, the relevant executive body* will temporarily vest the powers of the president in one of the judges of this court.
Chapter X. Supreme Court of the Nahchivan Autonomous Republic
Article 52. Supreme Court of the Nahchivan Autonomous Republic
NAR Supreme Court is a supreme judicial body of the Nakhchivan Autonomous Republic which administers justice and supervises activity of NAR general courts in the order provided by legislation.
NAR Supreme Court is established in the city of Nakhchivan, capital of the Nakhchivan Autonomous Republic and its
* here the authorities of the relevant executive body are carried out by the Ministry of Justice of the Republic of Azerbaijan jurisdiction encompasses entire territory of the Nakhchivan Autonomous Republic.
Article 53. Structure of the Supreme Court of the Nakhchivan Autonomous Republic
NAR Supreme Court consists of Plenary Board, Appeal Chamber on Civil Cases, Appeal Chamber on Criminal and Administrative Offences Cases and the First Instance Chamber on Serious Crimes.
Panels of judges shall be established in the chambers of the NAR Supreme Court in order to try cases. NAR Supreme Court shall consist of the President of the court,
his/her deputy, Presidents of the chambers and judges of the
chambers.
In cases and order provided by legislation, the jury panel may be
set up in the NAR Supreme Court in order to try serious crimes
cases at the first instance.
Number of judges of the Serious Crimes Court shall be
determined according to paragraph 32 Article 109 of the
Constitution of the Republic of Azerbaijan.
Article 54. Structure and powers of the Plenary Board of the
Supreme Court of the Nakhchivan Autonomous Republic
Plenary Board of the NAR Supreme Court shall consist of the
President of the Court, his/her deputy and presidents of the
chambers.
Members of the Plenary Board of the Supreme Court of the
Nakhchivan Autonomous Republic shall enjoy equal rights within
their competence.
Plenary Board of the NAR Supreme Court shall be entitled to:
• form panels from the judges of the NAR Supreme Court and
assign judges to different chambers;
• approve Charter and structure of the Consultative
Researching Council under the NAR Supreme Court upon
the advice of the President of the NAR Supreme Court;
• address motion regarding compliance of the legislation and
other instruments with the Constitution and acts of the
Republic of Azerbaijan to the Supreme Court to have it
presented before the Constitutional Court of the Republic of
Azerbaijan, in order provided by the legislation;
• hear information reported by the President of the NAR
Supreme Court, his/her deputy, presidents of the chambers
and presidents of district (city) courts on the subject of
judicial practice of applying the legislation of the Republic of
Azerbaijan and the level of administration of justice in the
Nakhchivan Autonomous Republic;
• review summaries of judicial practice and analyses of judicial
statistics;
• render systematical assistance to secure proper application of
legislation by district (city) courts of the Nakhchivan
Autonomous Republic;
• exercise other powers vested in it by legislation of the
Republic of Azerbaijan.
Article 55. Rules of procedure of the Plenary Board of the
Supreme Court of the Nakhchivan Autonomous Republic
Sessions of the Plenary Board of the NAR Supreme Court shall be
held at least once in three months. President of the NAR Supreme
Court shall preside at the Sessions Plenary Board.
Prosecutor of the Nakhchivan Autonomous Republic and other persons may be invited to Sessions of the Plenary Board of the Court.
Members of the Plenary Board shall be informed about the time and agenda of the Plenary Session no later than 10 days before the session. The drafts of the decisions and other materials shall be presented to them.
Session of the Plenary Board shall be considered effectual if there are at least three members of the Board are present.
Decisions of the Plenary Board shall be passed by majority of votes of those Board members participating in the open voting.
The person presiding at the Plenary Board of the Court shall participate in voting along with other judges and vote in the last turn.
Decisions of the Plenary Board and minutes of the Session shall be signed by the person presiding in that session.
Apparatus of the NAR Supreme Court shall arrange the Sessions of the Plenary Board, keep the record of the minutes and take other necessary measures to secure the implementation of the decisions of the Plenary Board.
Article 56. Powers of the Chambers of the Supreme Court of the Nakhchivan Autonomous Republic
Chambers of the Supreme Court of the Nakhchivan Autonomous Republic shall be entitled to:
• try serious crimes cases specified in the legislation, as the court of the first instance;
• try civil, criminal and administrative cases previously considered by the NAR district (city) courts, as the court of appeal according to the appeal request or protest against the judgments of the inferior courts.
Chambers of the NAR Supreme Court shall take measures to secure proper application of the legislation of the Republic of Azerbaijan, analyzes judicial statistics, studies and summarizes judicial practice, render systematical assistance to secure proper application of legislation by district (city) courts of the Nakhchivan Autonomous Republic and exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Article 57. Powers of the President of the Supreme Court of
the Nakhchivan Autonomous Republic
President of the NAR Supreme Court shall be entitled to:
• manage the organization of the NAR Supreme Court and operation of the Court Apparatus; ensure observance of labor and performance dicipline in the court;
• preside in court sessions, distribute cases between judges according to the their workload;
• propose the composition of the court chambers to the Plenary Board of the NAR Supreme Court;
• recruit, dismiss, reward and call to disciplinary liability the Apparatus of the NAR Supreme Court;
• fix the structure, staff chart and financial plan of the Apparatus of the NAR Supreme Court;
• proposes the Judicial-Legal Council to reward judges of the NAR Supreme Court and district (city) courts of the NAR;
• apply to the Judicial-Legal Council for institution of disciplinary proceedings regarding judges of the NAR Supreme Court and district (town) judges of the NAR, in cases and order provided for in the legislation of the Republic of Azerbaijan;
• represent the NAR Supreme Court;
• summon the Sessions of the Plenary Sessions of the NAR Supreme Court, fix the time and agenda, preside at these sessions, sign the decisions and minutes of the Plenary Board;
• participate at the Session of the Plenary Board of the Supreme Court of the Republic of Azerbaijan, report as to the level of administration of justice in district (city) courts of the NAR and the NAR Supreme Court;
• promote improvement of professional skills of the NAR Supreme Court judges and Apparatus staff members;
• render methodical assistance to courts to secure their proper application of legislation;
• arrange analyzing judicial statistics and studying and summarizing of the judicial practice;
• obtain on demand cases from district (city) courts in order to study and summarize of the judicial practice;
• arrange activity of the court in the area of reception of persons, consideration of suggestions, motions and complaints;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Article 58. Powers of the Deputy President of the Supreme Court of the Nakhchivan Autonomous Republic
Deputy President of the NAR Supreme Court shall:
• preside at the court sessions; deals with issues specified by the President of the NAR Supreme Court; subject to the instructions of the President, exercise his/her powers; and substitute the President in case of his/her absence or his/her
failure to exercise powers;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Article 59. Powers of the presidents of the Chambers of the Supreme Court of the Nakhchivan Autonomous Republic
President of the Chamber of the NAR Supreme Court shall be entitled to:
• preside at the sessions of the relevant chambers of the Court; direct the arrangement of the activity of the Court Chamber;
• arrange analyzing judicial statistics and studying and summarizing of the judicial practice;
• obtain on demand cases from district (city) courts in order to study and summarize of the judicial practice;
• arrange activity of the court in the area of reception of persons, consideration of suggestions, motions and complaints;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Article 60. Substitution of the Deputy President of the Supreme Court of the Nakhchivan Autonomous Republic and
Presidents of the Chambers
Shall the Deputy President of the NAR Supreme Court fail to exercise his/her powers, the President of the NAR Supreme Court shall temporarily vest his/her powers in on of the Presidents of the Court Chambers.
Shall the President of the Court Chamber fail to exercise his/her powers, the President of the NAR Supreme Court shall temporarily vest his/her powers in on of the judges of the Court Chambers.
Chapter XI. Court of Appeal
Article 61. Court of Appeal
Court of Appeal is an appeal instance court on civil, criminal and administrative offences cases within its jurisdiction provided by the legislation.
Court of Appeal is established in the city of Baku, capital of the Republic of Azerbaijan and its jurisdiction encompasses entire territory of the Republic of Azerbaijan.
Article 62. Structure of the Court of Appeal
Court of Appeal consists of the Plenary Board, Chamber on Civil Cases, Chamber on Criminal and Administrative Offences Cases and Chamber on Cases of Military Courts. Panels of judges shall be established in the chambers of the Court of Appeal in order to try cases.
Court of Appeal shall consist of the President of the court, his/her deputy, Presidents of the chambers and judges of the chambers.
Number of judges of the Court of Appeal shall be determined according to paragraph 32 Article 109 of the Constitution of the Republic of Azerbaijan.
Article 63. Structure and powers of the Plenary Board of the Court of Appeal
Plenary Board of the Court of Appeal shall consist of the President of the Court, his/her deputy and presidents of the chambers.
Members of the Plenary Board of the Court of Appeal shall enjoy equal rights within their competence.
Plenary Board of the Court of Appeal shall be entitled to:
• form panels from the judges of the Court of Appeal;
• address motion regarding compliance of the legislation and other instruments with the Constitution and acts of the Republic of Azerbaijan to the Supreme Court to have it presented before the Constitutional Court of the Republic of Azerbaijan, in order provided by the legislation;
• hear information reported by the presidents of the Chambers of the Court of Appeal, First Instance Chamber on Serious Crimes of the NAR Supreme Court, Serious Crimes Court,
Military Serious Crimes Court, military courts and district (city) courts, except the presidents of the district (city) courts of the NAR, on the subject of judicial practice of applying the legislation of the Republic of Azerbaijan;
• review summaries of judicial practice and analyses of judicial statistics on cases tried by the Court of Appeal;
• render systematical assistance to secure proper application of legislation by district (city) courts of the First Instance Chamber on Serious Crimes of the NAR Supreme Court,
Serious Crimes Court, Military Serious Crimes Court, military courts and district (city) courts, except the presidents of the district (city) courts of the NAR;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Article 64. Rules of procedure of the Plenary Board of the Court of Appeal
Sessions of the Plenary Board of the Court of Appeal shall be held at least once in three months. President of the Court of Appeal shall preside at the Sessions Plenary Board.
Prosecutor General of the Republic of Azerbaijan, head of the relevant executive body* and other persons may be invited to Sessions of the Plenary Board of the Court.
Members of the Plenary Board shall be informed about the time and agenda of the Plenary Session no later than 10 days before the session. The drafts of the decisions and other materials shall be presented to them.
Session of the Plenary Board shall be considered effectual if there are at least three members of the Board are present.
Decisions of the Plenary Board shall be passed by majority of votes of those Board members participating in the open voting.
The person presiding at the Plenary Board of the Court shall participate in voting along with other judges and vote in the last turn.
Decisions of the Plenary Board and minutes of the Session shall be signed by the person presiding in that session.
* here the authorities of the relevant executive body are carried out by the Ministry of Justice of the Republic of Azerbaijan Apparatus of the Court of Appeal shall arrange the Sessions of the Plenary Board, keep the record of the minutes and take other necessary measures to secure the implementation of the decisions of the Plenary Board.
Article 65. Powers of the Chambers of the Supreme Court of the Court of Appeal
Chambers of the Court of Appeal try civil, criminal and administrative cases previously considered by the district (city) courts, except district (city) courts of the NAR, military courts, Serious Crimes Court, Military Serious Crimes Court, First Instance Chamber on Serious Crimes of the NAR Supreme Court, as the court of appeal according to the appeal request or protest against the judgments of the inferior courts.
Chamber of the Court analyzes judicial statistics, studies and summarizes judicial practice, render methodic assistance to secure proper application of legislation the district (city) courts, except district (city) courts of the NAR, military courts, Serious Crimes Court, Military Serious Crimes Court, First Instance Chamber on Serious Crimes of the NAR Supreme Court and exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Article 66. Powers of the President of the Court of Appeal
President of the Court of Appeal shall be entitled to:
• manage the organization of the Court of Appeal and operation of the Court Secretariat; ensure observance of labor and performance dicipline in the court;
• preside in court sessions, distribute cases between judges according to the their workload;
• propose the composition of the court chambers to the Plenary Board of the Court of Appeal;
• recruit, dismiss, reward and call to disciplinary liability the Secretariat of the Court of Appeal;
• fix the structure, staff chart and financial plan of the Secretariat of the Court of Appeal;
• proposes the Judicial-Legal Council to reward judges of the Court of Appeal, Serious Crimes Court, Military Serious Crimes Court, district (city) courts, except district (city) courts of the NAR, military courts, as well as, First Instance Chamber on Serious Crimes of the NAR Supreme Court;
• apply to the Judicial-Legal Council for institution of disciplinary proceedings regarding judges of the first instance courts, except district (town) judges of the NAR, local economic courts and Economic Court on Disputes Arising from International Treaties; First Instance Chamber on Serious Crimes of the NAR Supreme Court and Court of Appeal, in cases and order provided in the legislation of the Republic of Azerbaijan;
• represent the Court of Appeal;
• summon the Sessions of the Plenary Board of the Court of Appeal, fix the time and agenda, preside at these sessions, sign the decisions and minutes of the Plenary Board;
• participate at the Session of the Plenary Board of the Supreme Court of the Republic of Azerbaijan, report as to the level of administration of justice in Serious Crime Court,
Military Serious Crime Court, district (city) courts, except district (city) courts of the NAR, military courts, First Instance Chamber on Serious Crimes of the NAR Supreme Court and the Court of Appeal;
• promote improvement of professional skills of the Court of Appeal judges and Apparatus staff members;
• render methodical assistance to courts to secure their proper application of legislation;
• arrange analyzing judicial statistics and studying and summarizing of the judicial practice;
• obtain on demand cases from district (city) courts in order to
study and summarize of the judicial practice;
• arrange activity of the court in the area of reception of
persons, consideration of suggestions, motions and
complaints;
• exercise other powers vested in it by legislation of the
Republic of Azerbaijan.
Article 67. Powers of the Deputy President of the Court of
Appeal
Deputy President of the Court of Appeal shall:
• preside at the court sessions; deals with issues specified by
the President of the Court of Appeal; subject to the
instructions of the President, exercise his/her powers; and
substitute the President in case of his/her absence or his/her
failure to exercise powers;
• exercise other powers vested in it by legislation of the
Republic of Azerbaijan.
Article 68. Powers of the presidents of the Chambers of the
Court of Appeal
President of the Chamber of the Court of Appeal shall be entitled
to:
• preside at the sessions of the relevant chambers of the Court;
direct the arrangement of the activity of the Court Chamber;
• rrange analyzing judicial statistics and studying and
summarizing of the judicial practice;
• obtain on demand cases from district (city) courts in order to
study and summarize of the judicial practice;
• arrange activity of the court in the area of reception of
persons, consideration of suggestions, motions and
complaints;
• exercise other powers vested in it by legislation of the
Republic of Azerbaijan.
Article 69. Substitution of the Deputy President of the Court
of Appeal and Presidents of the Chambers
Shall the Deputy President of the Court of Appeal fail to exercise
his/her powers, the President of the Court of Appeal shall
temporarily vest his/her powers in one of the Presidents of the
Court Chambers.
Shall the President of the Court Chamber fail to exercise his/her
powers, the President of the Court of Appeal shall temporarily
vest his/her powers in on of the judges of the Court Chambers.
Chapter XII. Economic Court
Article 70. Economic Court
Subject to part I Article 132 of the Constitution of the Republic of
Azerbaijan, Economic Court is high instance court on economic
dispute cases.
As an appeal instance court, Economic Court supervises the
activity local economic courts and Economic Court of the
Republic of Azerbaijan on Disputes Arising from International
Treaties in order provided by legislation.
Economic Court tries economic disputes cases previously
considered by local economic courts and the Economic Court on
Disputes Arising from International Treaties according to the
appeal request or protest against the judgments of the inferior
courts.
Economic Court is established in the city of Baku and its
jurisdiction encompasses entire territory of the Republic of
Azerbaijan.
Article 71. Structure of the Economic Court
Economic Court shall consist of the President of the court, his/her
deputy and judges.
Economic Court shall consist of the Plenary Board and panels of
judges formed to try cases.
Number of judges of the Economic Court shall be determined
according to paragraph 32 Article 109 of the Constitution of the
Republic of Azerbaijan.
Article 72. Structure and powers of the Plenary Board of the
Economic Court
Plenary Board of the Economic Court shall consist of the
President of the Court, his/her deputy and presidents of the panels.
Members of the Plenary Board of the Economic Court shall enjoy
equal rights within their competence.
Plenary Board of the Economic Court shall be entitled to:
• hear information reported by the Presidents the Economic
Court, his/her deputy, presidents of local economic courts
and the President of the Economic Court on Disputes Arising
from International Treaties on the level of administration of
justice in the economic courts of the Republic of Azerbaijan;
review summaries of judicial practice and analyses of judicial
statistics on cases; hear reports of the mentioned courts on the
subject of judicial practice of applying legislation;
• address motion regarding compliance of the legislation and
other instruments with the Constitution and acts of the
Republic of Azerbaijan to the Supreme Court to have it
presented before the Constitutional Court of the Republic of
Azerbaijan, in order provided by the legislation;
• approve panels of judges from the judges of the Economic
Court;
• render systematical assistance to secure proper application of
legislation by local economic courts and the Economic Court
on Disputes Arising from International Treaties;
• exercise other powers vested in it by legislation of the
Republic of Azerbaijan.
Article 73. Rules of procedure of the Plenary Board of the
Economic Court
Sessions of the Plenary Board of the Economic Court shall be held
at least once in three months. President of the Economic Court
shall preside at the Sessions Plenary Board.
Prosecutor General of the Republic of Azerbaijan, head of the
relevant executive body* and other persons may be invited to
Sessions of the Plenary Board of the Court.
Members of the Plenary Board shall be informed about the time
and agenda of the Plenary Session no later than 10 days before the
session. The drafts of the decisions and other materials shall be
presented to them.
Session of the Plenary Board shall be considered effectual if there
are at least two thirds (2/3) of members of the Board are present.
Decisions of the Plenary Board shall be passed by majority of
votes of those Board members participating in the open voting.
The person presiding at the Plenary Board of the Court shall
participate in voting along with other judges and vote in the last
turn.
Plenary Board passes decisions on issues that it considers.
Decisions of the Plenary Board and minutes of the Session shall
be signed by the person presiding in that session.
Apparatus of the Economic Court shall arrange the Sessions of the
Plenary Board, keep the record of the minutes and take other
necessary measures to secure the implementation of the decisions
of the Plenary Board.
Article 74. Powers of the President of the Economic Court
President of the Economic Court shall be entitled to:
* here the authorities of the relevant executive body are carried out by the Ministry of
Justice of the Republic of Azerbaijan
• manage the organization of the Economic Court and
operation of the Court Apparatus; ensure observance of labor
and performance dicipline in the court;
• preside in court sessions, distribute cases between judges
according to the their workload;
• propose the composition of the court panels to the Plenary
Board of the Economic Court;
• recruit, dismiss, reward and call to disciplinary liability the
Apparatus of the Economic Court;
• fix the structure, staff chart and financial plan of the
Apparatus of the Economic Court;
• proposes the Judicial-Legal Council to reward judges of the
Economic Court, local economic courts and the Economic
Court on Disputes Arising from International Treaties;
• apply to the Judicial-Legal Council for institution of
disciplinary proceedings regarding judges of the Economic
Court, local economic courts and the Economic Court on
Disputes Arising from International Treaties, in cases and
order provided in the legislation of the Republic of
Azerbaijan;
• represent the Economic Court;
• summon the Sessions of the Plenary Sessions of the
Economic Court, fix the time and agenda, preside at these
sessions, sign the decisions and minutes of the Plenary
Board;
• informs the Plenary Board of the Economic Court about the
level of administration of justice in the Economic Court, local
economic courts and the Economic Court on Disputes
Arising from International Treaties;
• promote improvement of professional skills of the Economic
Court judges and Apparatus staff members;
• render methodical assistance to courts to secure their proper
application of legislation;
• arrange analyzing judicial statistics and studying and
summarizing of the judicial practice;
• obtain on demand cases from local economic courts and the
Economic Court on Disputes Arising from International
Treaties in order to study and summarize of the judicial
practice;
• arrange activity of the court in the area of reception of
persons, consideration of suggestions, motions and
complaints;
• exercise other powers vested in it by legislation of the
Republic of Azerbaijan.
Article 75. Powers of the Deputy President of the Economic
Court
Deputy President of the Economic Court shall:
• preside at the court sessions; deals with issues specified by
the President of the Economic Court; subject to the
instructions of the President, exercise his/her powers; and
substitute the President in case of his/her absence or his/her
failure to exercise powers;
• exercise other powers vested in it by legislation of the
Republic of Azerbaijan.
Article 76. Substitution of the Deputy President of the
Economic Court
Shall the Deputy President of the Economic Court fail to exercise
his/her powers, the President of the Economic Court shall
temporarily vest his/her powers in one of the judges of this court.
Chapter XIII. Supreme Court
Article 77. Supreme Court
Subject to Article 131 of the Constitution of the Republic of
Azerbaijan, the Supreme Court is the highest instance court on
civil (including economic disputes), criminal, administrative
offences cases and other cases previously tried by the general and
specialized courts.
As a cassation instance (ultimate appeal) court, the Supreme Court
administers justice in procedural order provided by legislation.
Supreme Court is established in the city of Baku, capital of the
Republic of Azerbaijan, and its jurisdiction encompasses entire
territory of the Republic of Azerbaijan.
Article 78. Structure of the Supreme Court
Supreme Court is composed of the Court President, his/her
deputies and judges.
Supreme Court consists of the Plenary Board and Cassation
Chambers.
Chamber on Civil Cases, Chamber on Economic Dispute Cases,
Chamber on Criminal and Administrative Offences Cases and
Chamber on Cases of Military Courts shall be established in the
Supreme Court.
Number of judges of the Court of Appeal shall be determined
according to paragraph 32 Article 109 of the Constitution of the
Republic of Azerbaijan.
Consultative Researching Council shall function under the
Supreme Court in order to draft proposals regarding proper
application of legislation, improvement of legislation and other
theoretical issues.
Article 79. Structure and powers of the Plenary Board of the
Supreme Court
Plenary Board of the Supreme Court shall consist of the President
of the Court, his/her deputies, Court judges, President of the
Economic Court, President of the Court of Appeal and President
of the NAR Supreme Court.
Members of the Plenary Board of the Supreme Court shall enjoy
equal rights within their competence.
Plenary Board of the Supreme Court shall be entitled to:
• hear information reported by the presidents of the courts on
the subject of judicial practice of applying the legislation of
the Republic of Azerbaijan as well as information reported by
the president of the Supreme Court and his/her deputies,
presidents of the Economic Court, the Court of Appeal, the
NAR Supreme Court, and of other general and specialized
courts on the level of administration of justice, review
summaries of judicial practice and analyses of judicial
statistics on cases;
• form chambers of the Supreme Court upon advice of the
President of the Supreme Court and assign judges to different
chambers;
• approve Charter and structure of the Consultative
Researching Council under the Supreme Court upon the
advice of the President of the Supreme Court;
• present motions before the Constitutional Court subject to the
Article 130 of the Constitution of the Republic of Azerbaijan;
• consider the motion of the President of the Republic of
Azerbaijan on withdrawal of judges of the Republic of
Azerbaijan subject to the Article 128 of the Constitution of
the Republic of Azerbaijan and present relevant opinion to
the President of the Republic of Azerbaijan within 30 days
after the date of the motion;
• give interpretation of on the subject of judicial practice
according to the Article 131 of the Constitution of the
Republic of Azerbaijan;
• try optional cassation cases upon advice of the President of
the Supreme Court, protest of the Prosecutor General or
complaint of the defense or cases on the subject of new
circumstances or newly occurred circumstances related to
violation of rights and freedoms in cases and order provided
by the law;
• consider issues and pass decision to address Milli Majlis of
the Republic of Azerbaijan with the legislative initiative
subject to the Article 96 of the Constitution of the Republic
of Azerbaijan;
• consider complaints lodged on decisions of the Judicial Legal
Council in cases provided by the legislation;
• exercise other powers vested in it by legislation of the
Republic of Azerbaijan.
Article 80. Rules of procedure of the Plenary Board of the
Supreme Court
Sessions of the Plenary Board of the Supreme Court shall be held
at least once in three months. President of the Supreme Court shall
preside at the Sessions Plenary Board.
Prosecutor General of the Republic of Azerbaijan and head of the
relevant executive body* shall participate at Sessions of the
Plenary Board of the Supreme Court.
Participation of the defense at the sessions of the Plenary Board of
the Supreme Court during consideration of optional cassation
cases or cases on the subject of new circumstances or newly
occurred circumstances related to violation of rights and freedoms
shall be provided. Other persons may be invited to participate at
the sessions Plenary Board of the Supreme Court;
Members of the Plenary Board and those participating at the
Session shall be informed about the time and agenda of the
Plenary Board no later than 10 days before the session. The drafts
of the decisions and other materials shall be presented to them.
Session of the Plenary Board shall be considered effectual if there
are at least two thirds (2/3) of members of the Board are present.
Decisions of the Plenary Board shall be passed by majority of
votes of those Board members participating in the open voting.
Members of the Plenary Board may not be neutral in voting on the
subject of court cases.
The person presiding at the Plenary Board of the Court shall
participate in voting along with other judges and vote in the last
turn.
Other persons taking part in the work of the Plenary Board of the
Supreme Court and the President of the Supreme Court shall not
* here the authorities of the relevant executive body are carried out by the Ministry of
Justice of the Republic of Azerbaijan
participate in voting on the subject of cases considered in
connection with the advices presented to the Plenary Board on
optional cassation cases on court judgments or cases with new
circumstances. Plenary Board shall pass decisions on the issues
considered. Decisions of the Plenary Board and minutes of the
Session shall be signed by the person presiding in that session.
Apparatus of the Supreme Court shall arrange the Sessions of the
Plenary Board, keep the record of the minutes and take other
necessary measures to secure the implementation of the decisions
of the Plenary Board.
Plenary Board may quash the court decisions on acquittal or
decisions to terminate criminal prosecution on exculpatory bases
or other decisions, on the ground that they aggravate the
punishment for the convict, by two thirds (2/3) of the participants
of the Session.
Article 81. Powers of the Chambers of the Supreme Court
Chambers of the Supreme Court try following cases:
• from the Court of Appeal, on cassation appeals and cassation
protests;
• from the Economic Court, on cassation appeals and cassation
protests;
• from the NAR Supreme Court which has tried the cases as
the court of appeal, on cassation appeals and cassation
protests;
• from other general and specialized courts, on cassation
appeals and cassation protests;
• by the cassation petition of the President of the Supreme
Court, in order provided by the legislation.
Chamber of the Supreme Court analyzes judicial statistics, studies
and summarizes judicial practice, render methodic assistance to
secure proper application of legislation by the court of the
Republic of Azerbaijan and exercise other powers vested in it by
legislation of the Republic of Azerbaijan.
Article 82. Rules of procedure of the Chambers of the
Supreme Court
Supreme Court shall consider the cases within its jurisdiction in
Cambers, in order and within the limits provided by the legislation
of the Republic of Azerbaijan.
Judge panels shall be established within Chamber in order to
consider the cases.
Presidents of the chambers shall manage the work of the
chambers. Presidents of the Chambers are ex officio Deputy
Presidents of the Supreme Court.
Article 83. Powers of the President of the Supreme Court
President of the Supreme Court shall be entitled to:
• manage the organization of the Supreme Court and operation
of the Court Secretariat; ensure observance of labor and
performance dicipline in the court;
• preside in court sessions, distribute cases between judges
according to the their workload;
• propose the composition of the court chambers to the Plenary
Board of the Supreme Court;
• recruit, dismiss, reward and call to disciplinary liability the
Apparatus of the Supreme Court;
• fix the structure, staff chart and financial plan of the
Apparatus of the Supreme Court;
• proposes the Judicial-Legal Council to reward judges of the
Republic of Azerbaijan;
• apply to the Judicial-Legal Council for institution of
disciplinary proceedings and termination of the office
regarding judges of the courts of the Republic of Azerbaijan,
in cases and order provided in the legislation of the Republic
of Azerbaijan;
• obtain on demand cases from courts in order to study and
summarize of the judicial practice;
• lodge petition on addition cassation appeal from court
judgments to the Plenary Board of the Supreme Court, in
order and cases provided by the legislation;
• lodge petition on the ground of newly revealed circumstances
to the Plenary Board of the Supreme Court, in order and
cases provided by the legislation;
• represent the Supreme Court;
• summon the Sessions of the Plenary Board of the Supreme
Court, fix the time and agenda, preside at these sessions, sign
the decisions and minutes of the Plenary Board;
• participate at the Session of the Plenary Board of the
Supreme Court of the Republic of Azerbaijan, report as to the
level of administration of justice in general and specialized
courts;
• promote improvement of professional skills of the Supreme
Court judges and Apparatus staff members;
• arrange analyzing judicial statistics and studying and
summarizing of the judicial practice;
• render methodical assistance to courts to secure their proper
application of legislation;
• arrange activity of the court in the area of reception of
persons, consideration of suggestions, motions and
complaints;
• exercise other powers vested in it by legislation of the
Republic of Azerbaijan.
Article 84. Powers of the Deputies President of the Supreme
Court
Deputy President of the Supreme Court shall be entitled to:
• manage the organization of the work of the appropriate
chambers of the Supreme Court;
• report on the level of administration of justice in chambers to
the Plenary Board of the Supreme Court;
• distribute cases and other tasks between judges according to
the their workload;
• preside at the court sessions;
• arrange analyzing judicial statistics and studying and
summarizing of the judicial practice;
• render methodical assistance to courts to secure their proper
application of legislation;
• arrange activity of the court in the area of reception of
persons, consideration of suggestions, motions and
complaints;
• exercise other powers vested in it by legislation of the
Republic of Azerbaijan.
Article 85. Substitution of the President of the Supreme Court
and his/her Deputies
Shall the President of the Supreme Court fail to exercise his/her
powers, the President of the Supreme Court shall temporarily vest
his/her powers in one of the Deputy Presidents.
Shall the Deputy President of the Supreme Court fail to exercise
his/her powers, the President of the Supreme Court shall
temporarily vest his/her powers in one of the judges of the
Supreme Court.
Chapter XIV. Organizational provision of the courts of the
Republic of Azerbaijan
Article 86. Relevant executive body
In order provided by the legislation of the Republic of Azerbaijan
and with due respect to the independence of judges, relevant
executive body* shall be involved in enhancement of the
professionalism of judges, except judges of the Supreme Court,
Economic Court and Court of Appeal; provide necessary
conditions for activity of courts; provide courts with appropriate
legislation; supply provide financing and logistics.
Relevant executive body* shall take measures to maintain judicial
statistics, execute court judgments, arrange clerical work, secure
labor and social rights of judges, promote executive and work
discipline in courts. Relevant executive body shall be entitled to
examine the level of arrangements in the abovementioned areas in
* here the authorities of the relevant executive body are carried out by the Ministry of
Justice of the Republic of Azerbaijan (in the first part of the article 86 (findnce and
financial and technical support of the courts), in the second part of the of the same
article within the territory of Naxchivan Autonomous Republic the Ministry of
Justice of the Naxchivan Autonomous Republic)
* here the authorities of the relevant executive body are carried out by the Ministry of
Justice of the Republic of Azerbaijan (in the first part of the article 86 (finance and
financial and technical support of the courts), in the second part of the of the same
article within the territory of Naxchivan Autonomous Republic the Ministry of
Justice of the Naxchivan Autonomous Republic)
all courts, except Supreme Court, Economic Court and Court of
Appeal.
Relevant executive body, along with the Supreme Court of the
Republic of Azerbaijan, shall arrange clerk service rules for the
courts listed in paragraph 1 Article 19 of this ACT.
Shall the reasons and grounds for calling to disciplinary liability,
as specified by this ACT, be present, the relevant executive body
will apply to the Judicial-Legal Council for the institution of
disciplinary proceedings, as well as, termination of the office
regarding judges, except the members of the Supreme Court.
Article 87. Analyzing and statistical accounting of the
arrangement of court activity
In order provided by the legislation, the courts of the Republic of
Azerbaijan shall draw up statistical reports at least once every six
months. Respective presidents of courts shall be responsible for
the correctness of the statistic data in their reports.
Relevant executive body* shall determine the form of statistical
accounting of court activity and publish the statistical data related
to the activity of courts.
Relevant executive body shall summarize statistical reports on
courts activity, study and analyze summaries of courts on the
arrangement of the court activity. Judicial-Legal Council shall be
informed about thereof.
Article 88. Court staff
Supreme Court, Economic Court, Court of Appeal, NAR Supreme
Court and other courts shall have court staff. The court staff shall
* here the authorities of the relevant executive body are carried out by the Ministry of
Justice of the Republic of Azerbaijan
secure legal, organizational, informational, logistical, financial and
economic maintenance of the courts.
Within the structure of the court staff, each judge shall have a
court secretary; each court shall have clerk office, library,
archives, logistics service and advisers dealing with receiving of
persons, systematization and consolidation of legislation,
summarizing of the judicial practice and keeping judicial statistics.
Book-keeping, maintaining of the registrar of the courts
judgments, as well as, related decisions of higher courts shall be
provided in courts.
Court staff shall arrange reception of persons. The secretary of the
appropriate judge shall receive persons in connection with the
arrangement of the hearing of cases.
The presidents of the Supreme Court, Economic Court, Court of
Appeal and NAR Supreme Court shall fix the structure, staff chart,
financial plan, wages of staff members of the Supreme Court,
Economic Court, Court of Appeal and the NAR Supreme Court;
and the relevant executive body* fix the structure, staff chart,
financial plan, wages of staff members of the other courts.
Article 89. Compliance with legal rules in courts
Compliance with legal rules courts; protection of court premises,
property and documents related to court proceedings shall be
protected in order provided by the legislation of the Republic of
Azerbaijan.
* here the authorities of the relevant executive body are carried out by the Ministry of
Justice of the Republic of Azerbaijan (within the territory of the Naxchivan
Autonomous Republic the Ministry of Justice of the NAR)
Article 90. Logistics and financing of courts
In order to secure necessary conditions for administration of
justice by courts according to the requirements of the procedural
legislation, each court shall be provided with:
• specially equipped premises; emblems of the judicial power:
State Flag and State emblem of the Republic of Azerbaijan
and Emblem of Justice; and judicial mantle, necessary
transport means and technical equipment;
• forms, stamps and seal with the name of the and State
Emblem.
Judges of the Republic of Azerbaijan shall be provided with
service identification cards confirming their status.
Activity, logistical support of courts shall be provided at the
expense of the state budget.
Under the separate article in the State Budget of the Republic of
Azerbaijan, financial means shall be allocated to finance court
activity and improvement of logistical base of courts.
Relevant executive bodies*, within the limits provided by the state
budget of the Republic of Azerbaijan, shall take necessary
measures to secure financing and logistical support of courts
activities in due time.
Article 91. International relations of courts
Shall it not be prescribed otherwise by the legislation of the
Republic of Azerbaijan and international treaties, the courts of the
* here the authorities of the relevant executive body in finances are carried out by the
Cabinet of Ministers, financial and technical support matters by the Ministry of
Justice of the Republic of Azerbaijan (within the territory of the Naxchivan
Autonomous Republic the Ministry of Justice of the NAR)
Republic of Azerbaijan will cooperate with the foreign courts and
international organizations thought the relevant executive body*
and the Supreme Court, Economic Court and Court of Appeal will
cooperate directly.
Section II. Judges
Chapter XV. Judges’ status
Article 92. Judges and similarity of their status
Judges are the persons vested with authorities to administer justice
provided by law.
All the judges of the Republic of Azerbaijan, i.e. presidents,
deputy presidents, chamber presidents and judges shall have the
same status, rights and responsibilities while trying, however,
shall differ from each other according t the appointment order,
authorities and terms of office. Except for the judgments passed
by the Plenary Board of the Supreme Court of the Republic of
Azerbaijan, in cases that are considered by the panel of judges, if
there is a violation of the law, each judge of the panel, except the
judge expressing a dissenting opinion or voting against such
decision, is responsible for it.
Judges shall posses service identification documents confirming
their status. Milli Majlis of the Republic of Azerbaijan shall fix the
samples of the service identification documents.
* here the authorities of the relevant executive body are carried out by the Ministry of
Justice of the Republic of Azerbaijan
Chapter XVI. Appointment of judges
Article 93. Requirements to candidates applying to the judicial
post
Subject to part I Article 126 of the Constitution of the Republic of
Azerbaijan, citizen of the Republic of Azerbaijan at the age of 30
and above, entitled to vote in elections, with high judicial
education and work experience in legal profession for term of at
least 5 years may be a judge.
Person with dual citizenship; obligations to other states; belonging
to clergy; recognized totally or partially incapable to work by
court; unable to exercise judicial authorities due to physical or
mental handicap, as confirmed by the medical conclusions; having
conviction record; dismissed from the judicial post for actions
incompatible with the status of the judge may not be a judge.
Article 93-1. Judicial-Legal Council
Judicial-Legal Council is an institution that carries out functions
of self-governing of the judicial power and, which, within its
authorities, carries out organizing of the court system, arranging of
the selection of candidates for the judicial posts, ensuring of its
operation, transferring of judges to another judicial post,
promoting of judges, calling of judges to disciplinary liability,
evaluating of the work of judges, as well as, resolving of other
issues related to courts and judges in the Republic of Azerbaijan.
Organization, legal foundations of the work and authorities of the
Judicial-Legal Council are contained in this ACT and the Judicial-
Legal Council ACT of the Republic of Azerbaijan.
Article 93-2. Judges Selection Committee
Judicial-Legal Council establishes the Judges Selection
Committee to carry out selection of candidates for the judicial
posts.
This ACT, Judicial Legal Council ACT and the Charter of the
Judges Selection Committee approved by the Judicial-Legal
Council shall regulate the activity of the Judges Selection
Committee.
Article 93-3. Selection of the nominees for the judicial post
The applicants for the post of judge are submitted to a written
exam and to an oral exam. Judges Selection Committee arranges
these exams to select candidates.
The results of these exams are evaluated by the Judges Selection
Committee. The Judges Selection Committee may engage ad hoc
commission in the implementation of this function.
The applicants who have succeeded in these exams are
automatically admitted to perform a long-term training period.
This training period is organized by the training center. The
working places and salaries of the applicants admitted to perform
a long-term training will be kept. The financial providing of the
applicants who are not working is conducting by the Judicial-
Legal Council. The sum of financial providing is defined by the
Judicial-Legal Council and payed from the resources assigned for
the Council from state budget.
At the end of this training, each trainee is evaluated. The results of
this evaluation are based on the considerations made by the
Training Center and summarizing interview with the members of
the Judge Selection Committee. The evaluation is based on the
mark system.
The applicants shall be classified according to their merit, based
on the mark obtained.
The results of this evaluation are submitted to the Judicial-Legal
Council. The Judicial-Legal Council proposes to the relevant
executive body of the Republic of Azerbaijan the appointment of
the candidates according to the number of the judge positions.
The applicants who complete training successfully, but fail to
receive appointment may be appointed to the administrative
positions in the justice bodies or admitted to the service in the
prosecutor’s office and in case if there is a vacancy, be appointed
to the judicial post.
Article 93-4. Special procedures to appoint to the judicial post
Outside procedures prescribed by Article 93-3 of this ACT, the
person who meets the requirements provided by paragraph 1
Article 126 of the Constitution of the Republic of Azerbaijan, is
prominent in the legal area, has 20 years experience as a law
practitioner and has high moral qualities on proposal of the
Judicial-Legal Council may appoint to the high judicial posts
according to the procedures provided by the legislation.
Article 94. Appointment of judges
Subject to part IX Article 109 of the Constitution of the Republic
of Azerbaijan, the President of the Republic of Azerbaijan
appoints judges of the Republic of Azerbaijan.
Subject to part IX Article 109 and part X Article 95 of the
Constitution of the Republic of Azerbaijan, Milli Majlis of the
Republic of Azerbaijan appoints the judges of the Supreme Court
and appellate courts, upon the advice of the President of the
Republic of Azerbaijan.
As a rule, the posts of high court judge shall be filled by persons
who have at least five years work experience as a judge of first
instance court.
President of the NAR National Assembly participates in selection
of the candidates to the post of judges in the NAR.
Presidents of the courts of the Republic of Azerbaijan, deputy
presidents and chamber presidents shall be elected from among
the judges of the appropriate courts and be appointed for five
years term and, as a rule, may not be appointed to the same
position twice. The presidents of the Supreme Court, appellate
courts, NAR Supreme Court and serious crimes courts shall be
appointed according to the procedure provided for in the
paragraph 32 of Section 109 of the Constitution of the Republic of
Azerbaijan. Presidents of other courts of the Republic of
Azerbaijan, deputy presidents of the courts of the Republic of
Azerbaijan, as well as, chamber presidents shall be appointed,
subject to the proposal of the Judicial-Legal Council, according to
paragraph 32 of Section 109 of the Constitution of the Republic of
Azerbaijan.
Article 95. The judges oath
Judges appointed to the posts, prior to commencing with
exercising their powers, shall take an oath under the flag of the
Republic of Azerbaijan at the Session of the Plenary Board of the
Supreme Court. The oath shall be of the following content:
“I swear to administer justice in full compliance with
the Constitution and acts of the Republic of Azerbaijan,
impartially and justly; secure the independence and
dignity of a judge; and behave in the spirit of respect to
the good name of a judge.”
Oath is manifestation of the judicial responsibility before the
State, citizens and Justice.
Judge’s body shall be effective as from the moment of taking an
oath.
Judges shall sign the text of the oath and this document shall be
kept in the files of the judges.
Chapter XVII. Authorities of judges
Article 96. Term of the office of judge
New judges shall be appointed for the term of five years. During
this term judges shall take training course at least once a year. At
the end of this period their activity shall be evaluated. If the
evaluation does not reveal any professional shortcoming, the
mandate of the judge is extended until the age of retirement of 65,
by proposal of the Judicial-Legal Council. If there is necessity to
benefit from the professionalism of the judge to have reached
his/her age limit, his/her term of office may be extended till 70,
subject to the proposal of the Judicial Legal Council.
If the evaluation reveals professional shortcoming, the mandate of
the judge is not extended.
The evaluation is carried out according to Article 13 of the
Judicial-Legal Council Act of the Republic of Azerbaijan.
If the judge reaches age of retirement while in the process of
considering the case, his mandate shall be valid until he
accomplishes presiding in that case.
Article 97. Inalterability of judges
Subject to part I article 127 of the Constitution of the Republic of
Azerbaijan, term of office of judges shall not be altered.
Judges shall not transferred to another position without their
consent.
Subject to the exceptions provided by this Act, the judges shall not
be dismissed from their positions and their authorities shall not be
terminated.
Article 98. Rights of judges
In order to administer justice, judges shall vested with the powers
provided by this Act.
Judges have right to independence, right to inalterability, right of
immunity, right to associate in organizations representing their
interests, as well as, right to personal security, right to safety of
their and social security rights secured by the State.
Judges shall also have the following rights:
• to demand implementation of their rulings, issued in the
course of pursuing the statutory objectives, by officials,
natural and legal persons;
• to instruct public institutions, other organizations and
officials to eliminate conditions and circumstances promoting
violation of laws;
• to obtain information from officials and other people in the
course of administration of justice;
• to complaint against his/her calling disciplinary liability;
• to petition regarding resignation from office upon his/her
request.
Judges shall have other rights provided by the procedural
legislation of the Republic of Azerbaijan.
Public institutions, establishments, enterprises and organizations,
legal persons as well as, officials shall be bound to implement
rulings and instructions of judges issued in the course of
administration of justice. Failure to implement rulings and
instructions shall entail liability provided by the legislation.
Article 99. Duties of judges
The judges shall perform the following duties:
• comply with the statutory requirements precisely and
implicitly and secure moral and educational impact of
judicial activity, and to be just and impartial in the course of
administration of justice;
• maintain the secrecy of deliberation and of information
revealed at the closed court sessions;
• refrain from any act harming prestige of justice; good name,
honor and dignity of a judge.
Other duties of the judges shall be provided by the legislation of
the Republic of Azerbaijan.
While administering justice, judge shall not express his/her
opinion on decision, until the final decision is passed. Judges shall
not receive persons at the stages of preparation for and hearing of
the case in connection with that case.
Article 99-1. Code of Ethic Behavior for Judges
Code of Ethic Behavior for Judges is a collection of the principles
and standards of ethic for the judge’s activity. The Code shall
prescribe ethic and tact requirements and regulate their
professional ethic issues and out of office behavior, as well as,
their attitude to the professional activity.
Judicial-Legal Council approves the Code of Ethic Behavior for
Judges.
Chapter XIII. Independence of judges
Article 100. Independence of judges
Subject to part I article 127 of the Constitution of the Republic of
Azerbaijan, judges are independent and bound by the Constitution
and acts of the Republic of Azerbaijan.
Independence of judges shall be provided by their depoliticizing
and securing their inalterability and immunity; laying limitations
on the appointment, calling to liability, suspension and
termination of their office; operating of the judiciary
independently; administrating of justice in order provided by the
legislation; preventing of imposing of any limitations on or
interference with court proceedings; ensuring their personal
safety; and supplying them with the financial and social provisions
according to their posts, throughout the entire term of their office.
Court judgments shall be based on independent persuasion of
judges and trial outcome.
Article 101. Immunity of judges
Judges shall enjoy immunity subject to Article 128 of the
Constitution of the Republic of Azerbaijan. Except the cases when
the judge has been caught committing the crime, judge shall not be
subject to detention or arrest, personal search or examination and
shall be criminally prosecuted subject to the permission of the
Judicial-Legal Council.
Immunity of judges shall also cover the immunity of their
dwelling premises, public offices, transport means, their
communication means, post-telegraph correspondence, private
property and documents.
The organ of criminal prosecution who has caught the judge
committing a crime shall inform about this the Prosecutor-General
of the Republic of Azerbaijan immediately. Shall the Prosecutor-
General find out that there are sufficient grounds in order to
pursue criminal prosecution; s/he will lodge a motion to this effect
to the Judicial-Legal Council immediately. Judicial-Legal Council
shall consider the motion, with the participation of the Prosecutor
General of the Republic of Azerbaijan or his/her deputy, within
twenty-four hours from the moment of its lodging, and pass a
decision to the effect of either upholding or rejecting it. This
decision shall be submitted to the Prosecutor General of the
Republic of Azerbaijan immediately.
Shall the Judicial-Legal Council issue permission; the judge who
has been caught committing a crime will be criminal prosecuted
according to the criminal-procedure legislation of the Republic of
Azerbaijan. Without such permission, the judge who has been
caught committing a crime shall be released immediately.
In other cases, the motion on the Prosecutor-General of the
Republic of Azerbaijan on criminal prosecution of judges shall be
considered within ten days period from the moment of its lodging.
In case in the Judicial-Legal Council grants its permission, the
criminal prosecution is pursued according to the order prescribed
by the criminal procedure legislation of the Republic of
Azerbaijan.
Judge, in whose regard the criminal prosecution has been
permitted, shall not be admitted to the exercising of his/her
authorities as of that moment. The judge who has his/her
authorities temporarily suspended shall continue to receive wage.
Shall the verdict of acquittal be passed or criminal proceedings be
terminated due to exculpating grounds provided by the criminal
procedural legislation, the suspended authorities of the judge will
be restored.
In other cases of excluding criminal prosecution, including the
cases when guilty verdict or decision prescribing obligatory
measures of medical character are passed in respect of judge takes
effect, the judge shall be dismissed from the office.
Dismissal of the judge from the office shall be conducted in order
provided by parts IV and V of Article 128 of the Constitution of
the Republic of Azerbaijan.
Dismissal of the judge from the office shall be considered as
termination of his/her powers.
Judges shall not be held liable for the damage sustained by the
participant of the process or a person participating in the case due
to the court mistake, at the cost of his private property. This
damage shall be reimbursed by the state in cases and order
provided the law.
Article 102. Security of judges
With the purpose to ensure their security, judges may be supplied
with service weapons in order provided by the legislation of the
Republic of Azerbaijan. Throughout the entire term of their office,
judges shall be entitled to keep, carry and use for the prescribed
purpose the service weapon in cases and order provided by
legislation; if necessary, their security shall provided.
Article 103. Exemption of judges from military enlisting and
conscription
Throughout the entire term of their office, judges shall be
exempted from military enlisting and conscription.
Article 104. Activity incompatible with judicial activity
Subject to part II article 126 of the Constitution of the Republic of
Azerbaijan, judges shall not hold other elective office or position;
be engaged in entrepreneurship, commercial or other paid
business, except for scientific, pedagogical and creative work;
pursue political activity and be a member of political parties;
receive payments other than their official wage and remuneration
for scientific, pedagogical and creative work.
Article 105. Depoliticizing of judges
Before taking an oath, persons appointed to the judicial posts shall
quit the membership of political party and political organization.
The petitions to this effect shall be attached to their files.
Persons appointed to the judicial posts shall not be allowed to
commence with exercising their powers until they quit the
membership political party and political organization.
Article 105-1. Unions (Association) of judges
Judges shall be entitled to establish their associations according to
their common interest and on the basis of principles of voluntary
membership and equality of its members.
The basic goals of the associations are to promote uniting of
judges, strengthening their independence and assisting to the
deepening of the judicial-legal reforms.
Chapter XIX. Financial provision and social security of judges
Article 106. Financial provision of judges
Judges shall have their wages be determined at the following rate:
• president of the Supreme Court at the rate of 1,300 of the
conditional monetary units;
• presidents of the NAR Supreme Court, Court of Appeal,
Economic Court at the rate of 90 percent of the wage of the
President of the Supreme Court;
• presidents of the Serious Crime Court, Military Serious
Crimes Court and Economic Court on Disputes Arising from
International Treaties at the rate of 80 percent of the wage of
the President of the Supreme Court;
• presidents of other courts, at the rate of 60 percent of the
wage of the Supreme Court President;
• deputy presidents of courts, at the rate 90 percent of the wage
of their respective court’s presidents;
• judges of all the courts, at the rate 80 percent of the wage of
their respective court’s presidents.
For every five years of judicial experience, as well as, for
academic degrees, judges shall receive surplus payment at the rate
of 15 percent of official wage, on the condition that surplus does
not exceed 45 percent*. The employees of the Prosecutor’s Office
who are appointed to the judicial post shall have surplus added to
their wage for every 5 years of their work experience.
Article 107. Vacation term and remuneration for judges
Judges shall get annual vacation leave for the term of forty
calendar days. Judges shall be paid twice amount of their monthly
wage when they get vacation leave.
The judges of the Supreme Court, Court of Appeal, Economic
Court and NAR Supreme Court shall obtain their annual vacation
leave from the their respective presidents; all other judges shall
obtain the vacation leave from the relevant executive body*.
* According to the decision of the Constitutional Court of the Republic of Azerbaijan
dated January 23, 2001, the provisions of part second of the article 106 shall be
applied in respect of the judges appointed according to this Act by taking into
account their judicial experience gained prior to passing of this Act
* here the authorities of the relevant executive body are carried out by the Ministry of
Justice of the Republic of Azerbaijan
Article 108. Accommodation of judges
Judges who are in need of dwelling premises at the place of their
appointment or of improving their living conditions shall be
provided with dwelling premises by the relevant executive body*
within six month after their appointment.
Article 109. Social security of judges
Life and health of judges are insured at the cost of the State
Budget at the rate of their five year wage. Judges who perish (die),
contract illness, get wounded or contused, and sustain injury that
does not allow to proceed with implementation of duties, in the
line of duty, shall receive one-time payment in order and amount
provided by the legislation.
Judges or their family members shall be reimbursed for the
property of the judges destroyed or damaged in the course of their
judicial activity.
Damage described in this Article shall be reimbursed from the
State Budget of the Republic of Azerbaijan in order provided by
the legislation and consequently be retrieved from the responsible
person.
Judges shall be provided with public medical service. Judges shall
be furnished with financial means at the rate of two months wage
in order provided by the relevant executive body*.
Judges who reache pension age shall receive pension at the rate of
eighty percent of the average wages received at the judicial posts
* here the authorities of the relevant executive body are carried out by local (district)
executive bodies
* here the authorities of the relevant executive body are carried out by the Cabinet of Ministers
occupied within last five years. The pension shall be altered
according to the following changes in the salaries*.
Judges who had worked and reached the age of retirement before
appointments were made according to this act shall have the
provisions of paragraph 5 of this Article applied to them.
Chapter XX. Encouragement, termination of office and
disciplinary liability of judges
Article 110. Encouragement of judges
Judicial-Legal Council shall be entitled to take the following
encouragement measures in respect of judges for their exemplary
implementation of the judicial duties, long record of impeccable
judicial experience, as well as, attaining of other achievements :
• spelling of gratitude;
• awarding.
Article 111. Elements on which the initiative of the opening of
a disciplinary procedure can be based
Initiative of the opening of a disciplinary procedure in respect of
judges shall be evoked if one or several of the following elements
exist:
• complaint of the natural and legal persons;
• information published in mass media;
• statutory violations revealed in the course of consideration of
the cases in the appellate and cassation instances and special
decisions of higher instance courts on the particular judges;
• statutory violations reflected in the decisions of the European
Court of Human Rights and the Constitutional Court of the
Republic of Azerbaijan;
• statutory violations revealed during the summarizing of the
judicial experience;
• other information received by the person entitled to apply for
the institution of disciplinary proceedings.
Article 111-1. Grounds for disciplinary liability of judges
Judges shall be called to disciplinary liability only on the
following grounds:
• either a gross infringement or multiple infringements of the
requirements of legislation in the course of consideration of
cases;
• breach of the judge ethics;
• gross violation of legislative provisions on the labor or
performance discipline;
• failure to comply with the requirement of financial nature
contained in Article 5.1 of the Fight against Corruption Act
of the Republic of Azerbaijan;
• commission of acts provided by Article 9 of the Fight against
Corruption Act of the Republic of Azerbaijan;
• commission of actions unworthy of the good name of the
judge.
Article 112. Procedures for calling judges to disciplinary
liability
Only Judicial-Legal Council shall be entitled to institute
disciplinary proceedings against judge. Presidents of the Supreme
Court, Court of Appeal, Economic Court, NAR Supreme Court
and the relevant executive body shall be bound, within their
competence, to apply to the Judicial-Legal Council with motion to
institute disciplinary proceedings, if there are elements on which
the initiative of opening of a disciplinary procedure can be based
or grounds for calling to disciplinary liability.
Natural and legal persons, in case if they possess information on
the elements provided by paragraph 6 Article 111-1 of this Act on
which the initiative of opening of a disciplinary procedure can be
based, may apply to the Judicial-Legal Council.
President of the Supreme Court of the Republic of Azerbaijan
shall be entitled to apply to the Judicial-Legal Council with
motion to institute disciplinary proceedings regarding all judges of
the first, appellate and cassation instances courts.
President of the Court of Appeal of the Republic of Azerbaijan
shall be entitled to apply to the Judicial-Legal Council with
motion to institute disciplinary proceedings regarding all judges of
this court; judges of first instance, except the judges of NAR
district (city) courts, local economic courts, and the Economic
Court on Disputes Arising from International Treaties; and judges
of the NAR Supreme Court First Instance Collegial Board on
Serious Crimes.
President of the Economic Court of the Republic of Azerbaijan
shall be entitled to apply to the Judicial-Legal Council with
motion to institute disciplinary proceedings regarding all judges of
this court, Economic Court on Disputes Arising from International
Treaties and judges of local economic courts.
President of the NAR Supreme Court shall be entitled to apply to
the Judicial-Legal Council with motion to institute disciplinary
proceedings regarding and judges of this court and judges of NAR
district (city) courts.
Relevant executive body of the Republic of Azerbaijan shall be
entitled to apply to the Judicial-Legal Council with motion to
institute disciplinary proceedings regarding judges of the first and
appellate instances.
Disciplinary proceedings against a judge may be instituted within
one year after exposure and within three years after commission of
the violation.
Only the Judicial-Legal Council with its decision may call judges
to disciplinary liability.
Judicial-Legal Council passes one of the following decisions on
the disciplinary procedure:
• reprimanding of the judge;
• reproofing of the judge;
• proposing the relevant executive body of the Republic of
Azerbaijan to demote the judge;
• proposing the relevant executive body of the Republic of
Azerbaijan to transfer to different judicial post;
• proposing the relevant executive body* of the Republic of
Azerbaijan to terminate authorities of the judge;
• terminating of the disciplinary proceedings.
Depending on the grounds for disciplinary liability provided in the
article 111-1 of this Law, one of the following punishments to the
judges may be prescribed:
• either a gross infringement or multiple infringements of the
requirements of legislation in the course of consideration of
cases - reproofing of the judge or proposing the relevant
executive body of the Republic of Azerbaijan to transfer to
different judicial post;
• breach of the judge ethics - reproofing of the judge or
reprimanding of the judge or proposing the relevant executive
body of the Republic of Azerbaijan to transfer to different
judicial post;
• gross violation of legislative provisions on the labor or
performance discipline - reproofing of the judge or
reprimanding of the judge or proposing the relevant executive
body of the Republic of Azerbaijan to transfer to different
judicial post;
• failure to comply with the requirement of financial nature
contained in Article 5.1 of the Fight against Corruption Act
of the Republic of Azerbaijan - reproofing of the judge or
reprimanding of the judge;
• commission of acts provided by Article 9 of the Fight against
Corruption Act of the Republic of Azerbaijan - reprimanding
* here the authorities of the relevant executive body are carried out by the President of
the Republic of Azerbaijan
of the judge or proposing the relevant executive body of the
Republic of Azerbaijan to demote the judge or proposing the
relevant executive body of the Republic of Azerbaijan to
transfer to different judicial post;
• commission of actions unworthy of the good name of the
judge - reproofing of the judge or reprimanding of the judge
or proposing the relevant executive body of the Republic of
Azerbaijan to demote the judge.
The decision on disciplinary liability of judge, if no appealed has
been submitted, shall take effect twenty days after enactment.
During this term, appeals against decisions of the Judicial-Legal
Council on calling a judge to disciplinary liability shall be made to
the Plenary Board of the Supreme Court.
Plenary Board of the Supreme Court shall consider the appeal
against decisions of the Council within one month, issue a
decision to the effect of either letting it stand, or abrogating or
amending it, and presents its decision to the Council. Decision of
the Plenary Board of the Supreme Court shall be final in its effect.
During consideration of the appeals to decisions on disciplinary
liability of judge, members of the Judicial-Legal Council
participated in voting are not participate in the voting concerning
these decisions at the Plenary Board of the Supreme Court.
Shall the judge not be called to disciplinary liability for the second
time in the same year, s/he will be considered not to have been
called to the disciplinary liability after expiry of that year.
This Act and Judicial-Legal Council Act of the Republic of
Azerbaijan shall regulate the procedure of calling judges to
disciplinary liability.
Article 113. Grounds for terminating of judicial authorities
Judges’ authorities are ceased on the expiry of their office term.
Judges’ authorities may be terminated pre-term on the following
grounds:
1. written application of resignation;
2. dismissal from the office of a judge;
3. upon court ruling declaring him physically handicapped
and/or otherwise afflicted;
4. in case of death;
5. upon court ruling declaring him dead or missing;
6. upon revealing failure to meet requirements defined hereof to
candidates to a judicial posit;
7. dealing with activity not compatible with his position;
8. on quitting a citizenship of the Republic of Azerbaijan, and
adopting a citizenship of another country or taking
obligations to a different country;
9. if the special medical commission set up by the Judicial-
Legal Council has issued an opinion proving his/her inability
to fulfill his duties due to sickness for more than six months
period;
10. if the disciplinary liability has been exerted on a judge
twice in a calendar year on the grounds mentioned in Article
111-1.
11. in case if s/he has committed multiple gross violation of
the legislation in the course of consideration of the case.
Article 114. Pre-term termination of office of judge
If there are reasons specified in paragraph 6-11 Section 113 of this
Act, the President of the Supreme Court or relevant executive
body, in order to secure early termination of the authorities of
judges, shall submit motion to the Judicial-Legal Council to
institute disciplinary proceedings.
If the Judicial-Legal Council passes decision on early termination
of authorities of a judge, it shall propose the relevant executive
body* of the Republic of Azerbaijan to this effect.
In the presence of grounds provided in articles 113 hereof, preterm
termination is decided in accordance with item 32 article 109
of the Constitution of the Republic of Azerbaijan.
Chapter XXI. Jury
Article 115. Qualifications of Jurymen
Jurymen are citizens of the Republic of Azerbaijan who are
engaged in the consideration of the case in court and included in
the jury lists in cases and order provided by the legislation of the
Republic of Azerbaijan
The following persons shall not be included in the jury list:
• not entitled to vote in elections;
• have not reached the age of 25 at the time of drafting of the
jury list;
• have a dual citizenship;
• have obligations to other countries;
• have been convicted before and accused in committing a
crime;
* here the authorities of the relevant executive body are carried out by the President of
the Republic of Azerbaijan
• have been declared by court to be fully or partially incapable
to work.
No restrictions shall be imposed while including in the jury list in
respect of citizens due to their race, nationality, religion, language,
sex, origin, proprietary status, public rank, conscience and other
circumstances.
The following people shall be excluded from the jury list of:
• do not speak the language of court proceedings;
• are dumb, deaf, blind and invalids;
• are not able to perform duties of jurymen due to physical or
mental handicap proved by medical certificate;
• have attained the age 70;
• heads of executive and legislative bodies; their deputies;
judges; prosecutors; heads and agents of the internal affairs,
border guard and national security services; investigators;
defense lawyers and notaries;
• military servicemen;
• clergymen.
Article 116. Foundations for dismissal of jurymen
The presiding judge shall dismiss the jurymen in the following
cases:
• if the jurymen do not meet the requirements provided
legislation;
• if any doubts appear as to exerting of unlawful influence on
jurymen, their being prejudiced, their learning of the merits
of the case from sources not provided by procedural
legislation, as well as, other reasons;
• if juryman submits petition of resignation due to the valid
cause.
Article 117. Jury list drafting
Once in two and a half years, management of the relevant
executive body* shall draft main and substitute jury list out of
citizens residing in the appropriate territory in order to provide
activity of jury court in that district (city).
The number of citizens included into the substitute jury list shall
not exceed one quarter of the number of jurymen included into the
main list.
The presidents of the relevant courts shall determine necessary
number of jurymen and submit motion to the relevant executive
body.
The relevant executive body shall identify the terms and order of
drafting the main and substitute jury list.
Article 118. Main and substitute jury list
According to the motion of the relevant president of court, the
relevant executive body shall draft develop general list on the
basis of voters of the region (city) by means of accidental choice
of the determined number of citizens. Then according to the
requirements stipulated by the Law hereby, names of absentees in
the court shall be excluded from the list.
* here the authorities of the relevant executive body are carried out by local (district)
executive bodies
The relevant executive body* shall advise the citizens on the
development of general list of jurymen and then within a month
after that shall familiarize persons interested with the lists and
shall study all incoming applications.
Along with the development of general list the relevant executive
body shall develop a spare list where only permanent residents of
the region ( city) are included.
General and spare jurymen lists signed and sealed by the head of
the executive body shall be submitted to the corresponding court.
General and spare lists shall be issued in mass media for citizens’
attention.
State agencies, enterprises, institutions and organizations and also
citizens pertain the right to address the corresponding executive
body with notification on illegal inclusion into the list or exclusion
from the list exact persons and other violations or mistakes in the
lists.
Corresponding executive body shall examine applications received
and shall make decisions within seven days. These decisions may
be appealed in district (city) courts within five days. The court
shall examine the complaint and shall make a decision within
three days.
Corresponding executive body shall be obliged to check on
regularly basis and if necessary to make changes in the lists, by
* here the authorities of the relevant executive body are carried out by local (district)
executive bodies
excluding persons who lost their right and by including
additionally elected jurymen.
All changes and supplements made in the lists shall be submitted
to the corresponding court within seven days.
Article 119. Submitting of information necessary for jurymen
lists development
Citizens, officials of state agencies, enterprises, institutions and
organizations shall be obliged to pass information necessary for
the lists development to the relevant executive body as requested.
Unpassing or false information passing provoke responsibilities.
Article 120. The order and terms of responsibilities executed
by jurymen
The call of necessary number of jurymen to the court for
participation in action consideration shall be carried out by the
court staff in accordance with the order of the President of the
court considering the action.
If jurymen do not meet the requirements stipulated by the
Legislation, the President of the court shall advise the
corresponding executive body* about their exclusion from the
jurymen list.
* here the authorities of the relevant executive body are carried out by local (district)
executive bodies
Citizens can perform responsibilities of jurymen once a year
within 15 days. If the consideration of action with the involvement
of the juryman is not accomplished within the period of expiry
terms, then the terms shall be prolonged to the whole period of
action consideration.
Article 121. Jurymen working place and salary preservation
Working place, salary and other payments shall be preserved for
the period of their liability performance.
In regard with the liabilities performance, jurymen from
employees of enterprises, institutions being under the budget shall
get their salary in their working place, the salary of jurymen from
employees of commercial, private or other enterprises shall be
paid in order stipulated by the Legislation of the Republic of
Azerbaijan.
Dismissal of the juryman while carrying out responsibilities on the
initiative of the administration of the enterprise, institutions or
other organizations shall not be allowed.
Article 122. Jurymen independence and inviolability insurance
Jurymen independence shall be insured by the independent
activity of legal power and the procedure of justice execution, by
the liberty of responsibilities performance while considering
action in the court, by prohibition for limitations determination
and for interference with the legal proceedings and by juryman
inviolability stipulated by the Law.
If there is any warning from jurymen, they shall be secured and
property saved.
Jurymen are not carrying responsibilities for damages to the
property of the action participants or the person involved in the
action consideration caused my mistakes in the court process. The
damage shall be reimbursed by the state in order and terms
stipulated by the Law.
Article 123. Account for standing in the way of jurymen
performing their liabilities
Supervisors of the enterprises, institutions and organizations and
other officials and citizens standing in the way of juryman shall be
called to account, stipulated by the Legislation.
MISCELLANEOUS PROVISIONS
1.The Law hereby shall come into force from the day if its issue.
2.From the day of the Law coming into force, all acting legislative
regulations of the Republic of Azerbaijan within juridical structure
and judges status with the exception of regulations on financial
and social insurance of judges, elected before its adoption, shall
loose their force.
3.District (city) courts and tribunals of military garrison of the
Azerbaijan republic from the day of the Law hereby coming into
force shall be called district (city) courts and military courts
correspondingly.
4.Before organization of courts stipulated by the Law hereafter
and adoption of new Laws, acting courts of the Republic of
Azerbaijan accomplish body determined by the acting legislation.
5.The terms of judges body elected before the adoption of the Law
shall be considered to be expired from the day of new judges are
appointed and during the action consideration till the end of the
process.
6.Regulations of the Law related to jurymen shall come into force
after accomplishment of reforms and adoption of the
corresponding Law.
7.Section 96 of this Act shall not be applied to the judges selected
to their posts prior to the 1st January 2005 and they shall continue
to exercise their authorities. Upon expiration of the term of their
office, they shall be entitled to re-appointed to the judicial posts
subject to the results of evaluation of their activity. If the
evaluation reveals the adequacy of their activity, they are entitled
to appointment to the judicial posts for the following terms:
• 10 years, if he has judicial experience up to 15 years;
• until s/he reaches age limit of 65, if he has 15 years or more
experience.
The mandate of judges whose term o office was extended for 10
years, when expired, may be extended on the basis of the result of
evaluation according to the order provided by this ACT.
If there arise necessity to benefit of the professionalism of the
judge to have reached his/her age limit, his/her age term of office
may be extended until he reaches 70.
8.Transfer of the judge, who has been appointed for particular
term, to another judicial post shall not extend term of his
authorities. Transfer of judges other posts shall be carried out
within the term of authorities that they have been elected for.
MISCELLANEOUS PROVISIONS
1. Authorities of the judges of the courts of the Republic of
Azerbaijan who were appointed before January 1, 2005 will be
terminated as of the day of appointment of the new judges to these
positions and in case of the pending trial, upon its completion.
2. Disciplinary Collegial Board of the Supreme Court of the
Republic of Azerbaijan shall proceed with conducting disciplinary
proceedings instituted before this Act entered into force. Appeals
against these decisions of the Disciplinary Collegial Board of the
Supreme Court, as well as other decisions passed by the
Disciplinary Collegial Board before the present Act came into
force shall be filed with the Disciplinary Commission of the
Plenary Board of the Supreme Court of the Republic of
Azerbaijan.
Heydar Aliyev
President of the Republic of Azerbaijan
Baku city, June 10, 1997
COURTS AND JUDGES ACT and Judicial Reforms
Implementation Decree
of the President of the Republic of Azerbaijan
dated December 1, 1998
Ref.30
(with amendments introduced by the Decrees
of the October 11, 2001 and August 24, 2002)
In connection with entering into force of the Courts and Judges
(Amendments) Act of the Republic of Azerbaijan, in order to
secure the implementation of this act and establishing of the
independent judicial system administering justice, I hereby decree:
1. Judicial-Legal Council shall be established under the
President of the Republic of Azerbaijan and its Charter
(attached) shall be approved.
2. Minister of Justice of the Republic of Azerbaijan shall be
commissioned with proposing to the President of the
Republic of Azerbaijan the composition of the Judicial-Legal
Council within ten days.
3. Judicial-Legal Council shall be commissioned with the
following:
• proposing to the President of the Republic of Azerbaijan
on the organization of the courts and appointment of the
candidates to the judicial posts;
• proposing to the President of the Republic of Azerbaijan
on the establishment and operation of the legal training
centre dealing with the professional training issues.
4. Supreme Court of the Republic of Azerbaijan shall be
proposed to approve Charter of the Disciplinary Collegial
Board.
5. Supreme Court of the Republic of Azerbaijan shall be
proposed to and the Ministry of Justice of the Republic of
Azerbaijan shall be commissioned with elaboration and
submission to the President of the Republic of Azerbaijan of
the bills on the Official Justice Logo, design of special
garments and identity card of judges.
6. Cabinet of the Ministers shall be commissioned with the
following:
• proposing to the President of the Republic of Azerbaijan
on measures of harmonization of the relevant effective
legislation with Courts and Judges Act and introduction of
amendments and addendums to the legislation within three
months;
• supplying the courts of the Republic of Azerbaijan
administering justice with the premises that correspond to
the high status of the Judicial Power and meet
requirements of legislation, in cooperation with the
Ministry of Economic Development;
• providing courts with special equipment, transport and
other means in order to render necessary conditions for the
operation of courts;
• taking measures on fixing the and staff chart and financial
plan of the courts, wages of the judges and other issues and
carrying out of the measures resolving other issues arising
from implementation of this Act within its competence;
• allocating relevant financial means to finance logistical
support of the courts in each draft Annual State Budget.
7. Ministry of Justice of the Republic of Azerbaijan shall
exercise the authorities of the “relevant executive body”
provided by articles 24, 30, 35, 41, 46, 51, 57, 64, 66, 73, 74,
80, 86, 87, 88, 91, 112 and 114 of Courts and Judges Act of
the Republic of Azerbaijan; Cabinet of Ministers of the
Republic of Azerbaijan shall exercise the authorities of the
“relevant executive body” provided by Article 90 in respect
of financial issues and Ministry of Justice of the Republic of
Azerbaijan shall exercise the authorities of the “relevant
executive body” provided by Article 90 in respect of logistic
issues; district/city executive authorities shall exercise
authorities of “relevant executive body” provided by articles
108, 117, 118, 119 and 120.
Ministry of Justice of the Nakhchivan Autonomous
Republic shall exercise the authorities of the “relevant
executive body” provided by paragraph 1 (financial and other
logistical support of courts) and paragraph 2 Article 86,
Article 88, Article 90 (logistical support of courts) of the
Courts and Judges Act of the Republic of Azerbaijan on the
territory of the Nakhchivan Autonomous Republic.
8. Present Decree shall become effective on the date of its
publishing.
CONSTITUTIONAL COURT (AMENDMENT AND ADDENDUM) ACT
and COURTS AND JUDGES (AMENDMENT AND ADDENDUM) ACT
Implementation Decree
of the President of the Republic of Azerbaijan
(extract)
dated May 8, 2001
Ref. 483
In connection with entering into force Constitutional Court
(Amendment and Addendum) Act and Courts and Judges
(Amendment and Addendum) Act of the Republic of Azerbaijan
and in order to secure the implementation of these acts, I hereby
decree:
2. The following shall be established:
Cabinet of Ministers of the Republic of Azerbaijan shall exercise
the authorities of “the relevant executive body” provided by
paragraph 4 Article 109 of the Courts and Judges Act of the
Republic of Azerbaijan.
COURTS AND JUDGES (AMENDMENT AND ADDENDUM) ACT
Implementation Decree of the
President of the Republic of Azerbaijan
dated January 28, 2005
Ref.182
In connection with entering into force of the Courts and Judges
(Amendment and Addendum) Act of the Republic of Azerbaijan
and in order to secure the implementation of this act, I hereby
decree:
1. Cabinet of Ministers of the Republic of Azerbaijan shall be
commissioned with the implementation of the following measures
within one month period:
1.1. proposing the President of the Republic of Azerbaijan
proposals on harmonization of the effective legislation
with Courts and Judges (amendment and addendum) Act;
1.2. harmonizing of the statutory instruments of the Cabinet of
Ministers of the Republic of Azerbaijan and relevant
central executive bodies with this Act and submission of
the report thereof to the President of the Republic of
Azerbaijan;
1.3. resolving of other issues arising from the implementation
of the Courts and Judges (amendment and addendum) Act
within its competence.
2. The Following shall be established:
2.1. President of the of the Republic of Azerbaijan shall
exercise the authorities of the “relevant executive body”
provided by paragraph 6 Article 93-3, Article 93-4,
paragraphs 4-6 part 10 Article 112, part 2 Article 114 of
the Court and Judges Act of the Republic of Azerbaijan;
2.2. Ministry of Justice of the of the Republic of Azerbaijan
shall exercise the body of the “relevant executive body”
provided by paragraph 2 Article 107 of the same Act.
