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Strasbourg,
26 February 2002
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Restricted
CDL (2002) 22 Or. Eng
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EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
draft law
on constitutional
court
of republic of azerbaïjan
Draft
CHAPTER
I. GENERAL PROVISIONS
Article 1. Purpose of
Constitutional Court
Constitutional Court of Azerbaijan Republic
(hereinafter, Constitutional Court) shall be the supreme body of constitutional
justice on implementation of constitutional control.
Article
2. The Legal Grounds for the Activity
of Constitutional Court
The legal basis for the activity of Constitutional
Court shall be the Constitution of Azerbaijan Republic, interstate agreements
which Azerbaijan Republic is a party to, present Law and other laws.
Article
3. The Basic Objective and Tasks of
Constitutional Court.
The basic objective of Constitutional Court shall be
to ensure the supremacy of the Constitution of Azerbaijan Republic.
The basic tasks of Constitutional Court shall be to
decide the matters provided for in Article 130.3 of the Constitution of
Azerbaijan Republic, interpret the Constitution and laws of Azerbaijan Republic
on the basis of petitions submitted by those bodies listed in Article 130.4 of
the Constitution of Azerbaijan Republic as well as in the Constitutional Law
and implement other powers envisaged in the Constitution of Azerbaijan
Republic.
Article
4. Protection of Fundamental Human
Rights and Freedoms by Constitutional Court
In its activity the Constitutional Court shall protect
fundamental rights and freedoms of each individual.
Article
5. Basic Principles of Activity of Constitutional Court
The activity of Constitutional Court shall be based on
the principle of supremacy of the Constitution of Azerbaijan Republic as well
as the principles of objectivity, justice, equality of participants of
constitutional proceedings, independence, collegiality and publicity.
Article 6. Foundations for the
Independence of Constitutional Court
Constitutional Court shall be the independent body of
the state power and shall not depend in its organizational, financial or any
other form of activity on any legislative, executive and other judicial bodies,
local self-government bodies, political parties, public associations, trade
unions and their officials as well as legal entities or individuals.
Direct or indirect restriction of the constitutional
proceedings by anybody or for any reason, illegal impact, threat and
interference as well as contempt of the Court shall be inadmissible and entail
criminal responsibility in accordance with the legislation of Azerbaijan
Republic.
CHAPTER II. GROUNDS FOR ORGANIZATION AND ACTIVITY OF CONSTITUTIONAL
COURT, STATUS OF JUDGES OF CONSTITUTIONAL COURT
Article
7. Composition, Organization and Powers of Constitutional Court
Composition, organization and powers of Constitutional
Court shall be governed by Articles 86, 88, 95, 102-104, 107, 109, 125-128,
130, 153 and 154 of the Constitution of Azerbaijan Republic.
Article 8. Oath of a Judge of Constitutional Court
On the day of appointment of the Judge of
Constitutional Court he/she shall take the following Oath at the session of the
Milli Mejlis of Azerbaijan Republic:
"I do swear to fulfill properly and honestly the
duties of the Judge of Constitutional Court, protect the Constitution of
Azerbaijan Republic and make decisions on examined matters on the basis of Law
and Justice."
The powers of the Judge of Constitutional Court shall
commence from the moment the Oath is taken.
Article
9. Requirements to be Met by Candidates
for the Post of Judge of Constitutional Court
Judges of Constitutional Court may be those citizens
of Azerbaijan Republic who meet the requirements envisaged in Article 126 of
the Constitution of Azerbaijan Republic.
According to Article 126.2 of the Constitution of
Azerbaijan Republic Judges of Constitutional Court may not occupy any elective
or appointive posts, be engaged in business, commercial and other payable
activity, except for scientific, pedagogical and creative activities. They may
not be also engaged in political activity and join political parties, get
remuneration other than their wages and substances for scientific, pedagogical
and creative activities.
Article
10. Procedure for Nomination and Election of Judges of Constitutional Court
According to Article 109.9 of the Constitution of
Azerbaijan Republic the President of Azerbaijan Republic shall submit proposals
to the Milli Mejlis of Azerbaijan Republic on the appointment of Judges of
Constitutional Court.
According to Article 95.10 of the Constitution of
Azerbaijan Republic based on the recommendation by the President of Azerbaijan
Republic the Milli Mejlis of Azerbaijan Republic shall decide the issue on the
appointment of Judges of Constitutional Court.
Article
11. Terms of Office of Judges of
Constitutional Court
Option
1
Judges of Constitutional Court shall be appointed for
life (termless)
Option
2
Judges of Constitutional Court shall be appointed for
the term of 15 years.
The re-appointment of a
Judge of Constitutional Court shall be inadmissible.
Article 12. Independence of Judges of Constitutional Court
According to Article 127.1 of the Constitution of
Azerbaijan Republic Judges of Constitutional Court shall be independent at fulfillment
of their duties, subordinate only to Constitution of Azerbaijan Republic and
the present Law as well as shall not be replaced during the term of their
powers.
Judges shall not be transferred to another post
without their consent.
Powers of Judges of Constitutional Court shall not be
prematurely terminated, except for the grounds envisaged in Article 21 of the
present Law.
Article 13. Immunity of Judges of Constitutional Court
According to Article 128.1-3 of the Constitution of
Azerbaijan Republic Judges of Constitutional Court shall be inviolable.
Judge of Constitutional Court shall not be brought to
criminal responsibility, detained or arrested, nor measures of administrative
penalty determined by a court shall be applied to him/her, nor he/she shall be
subjected to search, bringing to court or personal examination.
Immunity of Judge spreads upon his/her apartment,
office, means of transportation and communication, postal and telegraph
correspondence, private property and documents.
Judge of Constitutional Court detained as a person
suspected in commitment of criminal or administrative delinquency shall be
released immediately after his/her identification. In this case, the body that
detained the Judge of Constitutional Court shall promptly inform about it the
Chairman of Constitutional Court. The detention of a Judge of Constitutional
Court as a person suspected in commitment of criminal or administrative
delinquency shall be implemented in accordance with the norms of criminal
procedure legislation and legislation on administrative delinquencies.
Judge of Constitutional Court whose activity contains signs of crime can
be dismissed via the procedure provided for by Article 128.4 and 128.5 of the
Constitution of Azerbaijan Republic.
The dismissed Judge of Constitutional Court shall only receive the
salary set for a Judge of Constitutional Court.
The dismissed Judge of Constitutional Court can be brought to criminal
responsibility as well as arrested only on the basis of a Court resolution.
Powers of the dismissed Judge of Constitutional Court shall be restored
in case, if a “not guilty” verdict is passed regarding him/her or if the
proceedings on the preliminary investigation of the case is terminated on
justificatory grounds (absence of the criminal event; corpus delicti;
non-participation in commission of crime; failure to prove the committal of
delinquency).
No legal proceedings can be instituted against Judge
of Constitutional Court for his/her activity, votes, opinions expressed at
Constitutional Court as well as no testimonies or explanations can be claimed
from him/her in this matter.
Article
14. Appointment of the Chairman and
Deputy Chairman of Constitutional Court
Option
1
Following the appointment of Judges of Constitutional
Court by the Milli Mejlis of Azerbaijan Republic on the recommendation of the
President of Azerbaijan Republic, the matter concerning appointment of the
Chairman and Deputy Chairman shall be resolved according to Article 109.32 of
the Constitution of Azerbaijan Republic.
The Chairman and Deputy Chairman of Constitutional
Court shall be removed from their offices at their own request only. In this
case, they remain in office as Judges of Constitutional Court.
Option
2
Upon proposal of Judges of Constitutional Court, the
President of Azerbaijan Republic shall resolve according to Article 109.32 of
the Constitution of Azerbaijan Republic the matter concerning the appointment
of the Chairman and Deputy Chairman of Constitutional Court from the
composition of the Judges.
The Chairman and Deputy Chairman of Constitutional
Court shall be removed from their offices at their own request only. In this
case, they remain in office as Judges of Constitutional Court.
Article 15. Rights of Judges of
Constitutional Court
Judges of Constitutional Court shall be invested with
the following rights:
- to participate in all sessions of Constitutional
Court, express their opinion concerning the procedure of conduction of a
session, request from the Judge presiding over the session to ensure the order
in the session hall;
- to participate in a vote when Constitutional Court
adopts decisions on matters related to its jurisdiction;
- during consideration of a matter by Constitutional
Court to ask questions from the Judge presiding over the session, Reporter
Judge, parties involved in the case, interested subjects, witnesses and
experts;
- to request any documents or other information on
matters to be examined by Constitutional Court from legislative, executive and
other judicial bodies, local self-government bodies, political parties, public
unions, trade unions and their officials, legal entities and individuals, as
well as to listen to the explanations of the officials on these matters;
- to get acquainted with the solicitations and other
documents presented at the session of Constitutional Court;
- to express their dissenting opinion in case of
disagreement with the decision adopted
by Constitutional Court;
- to request conduction of the session of
Constitutional Court;
- to exercise other rights specified by the present
Law;
Article 16. Responsibilities of Judges of Constitutional Court
Judges of Constitutional Court shall bear the
following responsibilities:
- to be governed in their activities by the
Constitution of Azerbaijan Republic and to ensure its supremacy;
- to examine cases at Constitutional Court objectively
and impartially on the basis of Law and Justice;
- not to miss any session of Constitutional Court
without a good reason;
- to participate in votes on matters examined by
Constitutional Court;
- to abstain from acts or statements discrediting high
status of Judge of Constitutional Court;
- to abstain from violation of the requirements
envisaged in Article 9.2 of the present Law;
- when making statements in press or other mass media
and before any audience, not to give openly their opinion on the matters which
can be a subject to examination by Constitutional Court as well as the matters,
which are considered or have been accepted for the examination by
Constitutional Court, before adoption of the decision on this matter.
Article 17. Chairman of Constitutional Court
The Chairman of
Constitutional Court shall;
- represent Constitutional Court in its relations with
the legislative, executive and other judicial bodies, local self-government
bodies, political parties, public associations, trade unions, foreign
governments and international organizations, mass media and their officials as
well as other legal entities or individuals;
- arrange the work of Constitutional Court;
- bring to discussion by Constitutional Court the
matters to be examined at the sessions of the Chambers and Plenum;
- convene sessions of Constitutional Court and preside
over them;
- determine a range of matters to be considered by the
Deputy Chairman of Constitutional Court;
- distribute the cases among Judges and Chambers;
- return petitions and other applications not provided
for by the Constitution of Azerbaijan Republic and the present Law;
- handle the funds allocated from the State budget for
the maintenance and ensuring of the activity of Constitutional Court;
- direct the staff of Constitutional Court;
- fulfill other powers specified by the present Law;
The Chairman of Constitutional Court shall have all
rights and bear all the responsibilities of a Judge of Constitutional Court.
Article 18. Deputy Chairman of Constitutional Court
The Deputy Chairman of Constitutional Court shall
assist to the Chairman of Constitutional Court in fulfillment of Chairman’s
duties envisaged in Article 17 of the present Law as well as take place of the
Chairman of Constitutional Court in case of absence of the latter one or
inability to fulfill his/her duties.
Article
19. Equality of Judges of Constitutional Court
Judges of Constitutional Court as well as Chairman of
Constitutional Court and his/her Deputy shall have equal rights at
implementation of the constitutional justice.
Article
20. Resignation of a Judge of Constitutional Court
Judge of Constitutional Court shall retire on the
ground of his/her written request concerning voluntary resignation or
termination of the terms of office.
Judge of Constitutional Court shall retire in case of
non-fulfillment of his/her duties within a period of more than four months due
to disease confirmed by the medical commission established by Constitutional
Court as well as in case where his/her incapability or limited capability is
declared by the court’s decision entered into legal force.
After termination of the terms of office the retired
Judge of Constitutional Court who reached the pension age shall be paid the
pension and in cases provided for in para 2 of the present article - monthly tax-free salary for life at the rate of 80 % of the
average level of the money remuneration of the functioning Judge of
Constitutional Court.
Article
21. Pre-term Termination of Powers of a Judge of Constitutional Court
The powers of a Judge of Constitutional Court shall be
prematurely terminated in the following cases:
1) death;
2) the Judge's renouncing from the nationality of
Azerbaijan Republic, adopting the nationality of the different State or
acquiring obligations to another State;
3) where there is a court decision in force on the
Judge's guilt or if the court decision concerning compulsory medical treatment
is passed;
4) the court’s decision declaring the Judge dead or
missing;
5) the Judge's appointment is considered invalid as
the result of the revealed lack of conformity to the requirements set forth
with regard to candidates for Judges of Constitutional Court by Article 126.1
of the Constitution of Azerbaijan Republic;
6) the violation of restrictions specified by Article
126.2 of the Constitution of Azerbaijan Republic;
7) the groundless non-participation at three sessions
of Constitutional Court successively or at ten sessions within the period of
one year;
8) the Judge's refusal to vote on matters examined by
Constitutional Court;
Constitutional Court
shall propose consideration of a matter on premature termination of powers of a
Judge of Constitutional Court according to Article 109.32 of the Constitution
of Azerbaijan Republic.
CHAPTER III. PRINCIPLES OF PROCEEDINGS AT CONSTITUTIONAL COURT
Article
22. Impartiality, justice and equality
of the participants of constitutional proceedings
In accordance with Article 127.2 of the Constitution
of Azerbaijan Republic when conducting proceedings at Constitutional Court the
cases shall be considered impartially, justly, observing equality of
participants of the constitutional proceedings, on basis of facts and in
accordance with the Constitution of Azerbaijan Republic, interstate agreements,
which Azerbaijan Republic is a party to, present Law and other laws.
Article
23. Independence
Independence of Constitutional Court shall be ensured
by the special procedure of appointment and removal of Judges, their immunity,
established procedure of examination of cases and matters related to
jurisdiction of Constitutional Court, secret deliberation of Judges,
responsibility for contempt of Constitutional Court or interference with its
activity, creation of appropriate technical and organizational conditions for
Court’s activity and also material and social security of Judges, corresponding
to their high status.
Activity of Constitutional Court concerning the
matters of constitutional proceedings shall not be accountable. No one shall
have the right to demand of Judges of Constitutional Court to account for
fulfillment of their powers.
Article
24. Publicity
Proceedings of cases in Constitutional Court shall be
public.
The hearing of a case in camera shall be admissible
only when Constitutional Court assumes that public sessions can become a reason
of disclosure of the state, professional or commercial secret or when it
reveals the necessity to protect private or family life of citizens.
The ruling concerning examination of a case in camera
shall be adopted by Constitutional Court at the deliberative room.
The proceedings at Constitutional Court shall be oral,
except the cases where, by decision of Constitutional Court, the consideration
of a case can be implemented via written procedure.
Where the documents enclosed to the case are
sufficient for the court examination via written procedure and if the parties
reject the oral examination of a case then the court session with participation
of parties can be not held.
Within 15 days after the notification as to
consideration of a case via written procedure was received the participants of
the case shall have the right to get acquainted with the materials of the case
and express their opinion concerning them in written form.
Decision of Constitutional Court shall be announced
publicly in all cases.
Public sessions of Constitutional Court may be
attended by representatives of the mass media accredited in Constitutional
Court.
Information concerning the forthcoming session of
Constitutional Court shall be published in the official state newspaper at
least 5 days prior to the session. In urgent cases when it is impossible to
observe this regulation, the information concerning the time of the session of Constitutional
Court shall be announced by TV and Radio.
Article 25. Language of the Constitutional Proceedings
Constitutional proceedings shall be conducted, and the
decisions adopted by Constitutional Court stated as well as announced in the
official language of Azerbaijan Republic.
Participants to cases considered by Constitutional
Court who do not speak the language of proceedings shall be provided with the
translation of all materials of the case into language they speak and ensured
with the opportunity to speak at the proceedings in their native language.
Minutes of sessions of Constitutional Court shall be
recorded in the official language.
Article 26. Principle of Collegiality
Sessions of Constitutional Court shall be held
collectively. None of Judges of Constitutional Court may deviate from
consideration of a case, except the cases preventing the Judge from
participation at the session.
Inability of a Judge to participate at further
consideration of a case shall not hinder from continuation of proceedings at
availability of quorum but excludes participation of the dropout Judge at the
consultation of Judges and adoption of the decision.
During deliberation of Constitutional Court none of
Judges attending the session may abstain from voting.
Article 27. Immediacy
When considering matters related to its jurisdiction
Constitutional Court shall directly examine all the documents, materials and
evidences related to the case directly, as well as to hear the parties,
witnesses and experts and announce the examined documents at the sessions.
CHAPTER IV. SUBJECTS ENTITLED TO ADDRESS.
PETITIONS, APPLICATIONS AND COMPLAINTS TO CONSTITUTIONAL COURT
Article
28. Subjects entitled to apply to Constitutional Court
Constitutional Court shall implement constitutional
proceedings on the basis of petitions and applications submitted by:
§
President of
Azerbaijan Republic
§
Milli Mejlis of
Azerbaijan Republic
§
Cabinet of
Ministers of Azerbaijan Republic
§
Supreme Court of
Azerbaijan Republic
§
Prosecutor’s
Office of Azerbaijan Republic
§
Ali Mejlis of
Nakhichevan Autonomous Republic
§
Ombudsman
§
Courts
as well as complaints submitted by citizens and legal
persons
Article
29. Grounds for Examination of Cases by Constitutional Court
Grounds for examination of cases by Constitutional
Court shall be petitions, applications and complaints meeting the requirements
of the present Law.
Article
30. General Requirements Concerning Petitions and Complaints
Petition or complaint shall be submitted to
Constitutional Court in written and signed by the authorized person.
If the petition is submitted by a collective body then
it shall be signed by its head.
The petition and complaint shall contain the
following:
1)
Constitutional
Court as a body which a petition or complaint is submitted to;
2)
The name of
complainant (a citizen’s complaint shall contain his/her first, middle and last
names) and his/her address;
3)
Necessary data on
representative of complainant and his/her authorities, except the cases, when
the representation is implemented ex officio;
4)
Name and address
of the state body or municipality that issued the debatable act or
participating in the dispute concerning the competence;
5)
Provisions of the
Constitution and the present Law entitling to apply to Constitutional Court;
6)
The exact name,
number, date of adoption, source of publication and the other information about
the debatable act or the provision of the Constitution or law to be
interpreted;
7)
Position of the
applicant regarding the matter brought up by him/her and its legal proves with
the reference to the relevant provisions of the Constitution;
8)
Request submitted
in connection with the petition or complaint to Constitutional Court;
9)
List of documents
enclosed to the application;
Article
31. Documents to be Enclosed to a Petition or Complaint
The following documents shall be enclosed to the
petition or complaint submitted to Constitutional Court:
1)
Letter of
attorney or other document, confirming the authorities of the representative
except the cases when representation is implemented ex officio as well as copies of documents confirming the right of a
person to speak at Constitutional Court as a representative;
2)
Translation of
all documents into Azeri language submitted in other language;
The list of witnesses, specialists (experts) proposed
to be called to the session of Constitutional Court as well as other documents
and materials may also be enclosed to a petition or complaint
Article
32. Petition of a Court
If a court at the consideration of a case as a court
of first, appeal or cassation instance comes to a conclusion that the normative
legal act applied in the case does not conform to the normative legal acts of
the higher legal force it shall forward a petition to Constitutional Court.
The petition shall be forwarded in the form of
motivated court decision. The decision shall be adopted and signed by the judge
or court considering the case.
The documents confirming the decision of the court or
judge shall be enclosed to the petition. The considered case may be enclosed to
the decision.
From the moment of adoption of the court’s decision
concerning submission of the petition to Constitutional Court and before
adoption of the resolution by Constitutional Court the proceedings on a case or
execution of the decision on a case adopted by the court shall be suspended.
Article
33. Constitutional Complaint
Any person who alleges that the normative legal act
applied in a case has violated his/her fundamental rights guaranteed by the
Constitution may submit a complaint to Constitutional Court.
The Constitutional complaint shall be submitted only
after exhaustion of ordinary judicial remedies (complaint or application to the
court of general jurisdiction).
If the legal protection of constitutional rights by
means of courts of general jurisdiction can not prevent the imposing of serious
damage to a petitioner then Constitutional Court may decide the matter
concerning the acceptance of a complaint for examination.
In order to prevent the imposing of serious damage the
Constitutional Court may adopt a temporary resolution on suspension of the
effect of the disputed normative legal act before adoption of the final
decision on the matter. The temporary resolution shall lose its force from the
moment of adoption of the final decision on the matter or from the date
determined by Constitutional Court.
The constitutional complaint can be submitted to
Constitutional Court within three months after the decision of the court of
last instance came into force.
If Constitutional Court recognizes that the normative
legal act applied in a case has violated the fundamental individual rights
guaranteed by the Constitution, then the proceedings on the case in the court
that adopted the final decision shall resume in accordance with provisions of
the Criminal Procedure and Civil Procedure Codes.
In addition to the contents of complaint, the
following shall be confirmed:
1)
the basic
constitutional rights of a complainant have been violated;
2) all other legal remedies have been exhausted and
there are no other ones;
The following shall be enclosed to the constitutional
case:
1)
explanations and
documents required in a petitioner’s opinion for clarification of the
circumstances of a case;
2)
the documents
confirming the fact that all other legal remedies have been exhausted;
CHAPTER
V. ACCEPTION OF PETITIONS, APPLICATIONS AND COMPLAINTS TO EXAMINATION
Article
34. Preliminary Study of Petitions, Applications and Complaints
The Secretariat of Constitutional Court shall arrange
the reception of citizens, preliminarily consideration of the complaints the
examination of which ones by the Judges of Constitutional Court is not
necessary.
The Secretariat of Constitutional Court shall assist
to Judges in preparation of cases to consideration.
The
Secretariat of Constitutional Court having determined that the complaint does
not meet the requirements of the present Law as to its form shall return it to
the petitioner with the suggestion to eliminate the existing defects. After a
petitioner has eliminated defects he/she shall have the right to submit a
constitutional complaint to Constitutional Court once again.
The petitioner who disagrees with notification of the
Secretariat of Constitutional Court shall have the right to request adoption of
a decision on his/her complaint by Constitutional Court. In this case Chairman
of Constitutional Court shall refer the complaint to one or several Judges for
verification of validity of the decision adopted by the Secretariat. The
results of verification shall be considered at the sessions of Chambers or
Plenum within 15 days.
The complaints, which are obviously not within the
jurisdiction of Constitutional Court may be sent by the Secretariat of
Constitutional Court to the relevant bodies and organizations for examination
within their jurisdiction.
Petitions, applications and complaints meeting the
requirements of the present Law shall be reported to the Chairman of
Constitutional Court, who shall adopt a decision on passing them to a Judge
(Reporter Judge) or several Judges of Constitutional Court for the preliminary
study.
The Reporter Judge shall arrange all measures
connected with the preparation of a session on behalf of Constitutional Court.
Article
35. Drawing up the Constitutional Case
Upon completion of preparation to the session of Constitutional
Court there shall be drawn up the constitutional case that shall include as
follows:
1)
petition,
application or complaint which served as a ground for institution of
constitutional case;
2)
materials
enclosed to a petition, application or complaint which served as a ground for
institution of constitutional case;
3)
materials
enclosed to the constitutional case by a Reporter Judge;
4)
a conclusion of
expert if he/she is engaged in constitutional case;
5)
additional
materials enclosed by parties or interested subjects;
6)
other documents
related to the constitutional case;
7)
a report of the
Reporter Judge;
Once the constitutional case has been drawn up the
Judges of Constitutional Court can get acquainted with it.
Article
36. Acceptance of a Petition or Complaint to Examination by Constitutional
Court
With the view of deciding as to acceptance of a case
to examination, the Chairman of Constitutional Court shall refer it either to
the Chambers or Plenum of Constitutional Court for consideration within their
jurisdiction.
The parties shall be informed of the decision adopted
by Constitutional Court.
Article
37. Refusal to Accept a Petition, Application or Complaint to Examination
Petition, application or complaint shall be rejected,
if:
1)
it is obviously
not within the jurisdiction of Constitutional Court;
2)
does not meet the
requirements of the present Law as to its form and contents;
3)
it is proceeded
by the improper person;
4)
Constitutional
Court has already adopted a decision on the matter risen in a petition,
application or complaint;
Article
38. Withdrawal of Petitions, Applications and Complaints Referred to
Constitutional Court
The subject that submitted a petition, application or
complaint to Constitutional Court shall be enabled to withdraw of a petition,
application or complaint before the beginning of the session devoted to
examination of this petition, application or complaint. However, if
Constitutional Court comes to conclusion that public interests are affected in
a certain case, then it may continue the proceedings on that case irrespective
of withdrawal of a petition, application or complaint.
CHAPTER
VI. SESSIONS OF CONSTITUTIONAL COURT
Article
39. Types of Sessions of Constitutional Court
Sessions shall be usually convened by the Chairman of
Constitutional Court and held in established time.
At the regulatory session of Constitutional Court
there shall be considered the matters on acceptance or rejection of a petition,
application or complaint to examination, fixing of the written proceedings, if
this is proposed by the Reporter Judge or parties, as well as other matters
connected with consideration of a case at the court session.
The concrete cases shall be examined at the court
sessions.
The regulatory and court sessions shall be held in
accordance with the procedures determined by the present Law.
Article
40. Organizational Forms of Implementation of the Constitutional Proceedings
Proceedings at Constitutional Court shall be
implemented at the sessions of Plenum and two Chambers.
The Plenum shall be composed of all Judges. Sessions
of the Plenum shall be presided over by the Chairman of Constitutional Court or
acting Chairman of Constitutional Court.
Session of the Plenum shall be authorized if not less
than 6 Judges are present at the session. Resolution of the Plenum shall be
adopted by the majority of 5 Judges, if otherwise is not provided for by the
Constitution of Azerbaijan Republic and the present Law. In case if the votes
of Judges are equal then the violation of the Constitution and other norms of
law can not be considered as found.
One Chamber shall be composed of 4 Judges and another
– of 5 Judges of Constitutional Court.
The composition of Chambers shall be confirmed by the
Plenum of Constitutional Court upon proposals of the Chairman of Constitutional
Court.
Chairman and Deputy Chairman of Constitutional Court
cannot belong to the same Chamber.
Personal composition of the Chambers must not remain
unchanged within the period for more than 3 years successively.
Judges of Constitutional Court shall preside over
sessions of Chambers in turn. Such a queue shall be determined at the session
of the Chamber.
Resolution of Chamber shall be adopted by the majority
of votes of 3 Judges.
If the votes of Judges for and against the decision
are equal then the Chamber shall not adopt the decision and refer the case for
the consideration by the Plenum.
Article
41. Matters to be Examined at the Sessions of the Plenum of Constitutional
Court
The following matters shall be examined at the
sessions of the Plenum of Constitutional Court:
1)
verification of
conformity of laws of Azerbaijan Republic, orders and decrees of the President
of Azerbaijan Republic and the resolutions of the Milli Mejlis of Azerbaijan
Republic to the Constitution of Azerbaijan Republic;
2)
verification of
conformity of decrees of the President of Azerbaijan Republic to laws of
Azerbaijan Republic;
3)
verification of
conformity of interstate agreements of Azerbaijan Republic which have not come
into force to the Constitution of Azerbaijan Republic and intergovernmental
agreements of Azerbaijan Republic to the Constitution and laws of Azerbaijan
Republic
4)
elimination of
political parties and other public associations;
5)
settlement of
disputes concerning the separation of powers among Legislature, Executive and
Judiciary;
6)
ascertainment of
information concerning complete inability of the President of Azerbaijan
Republic to perform his/her duties for the state of health;
7)
resignation of
the President;
8)
removal of the
President from office;
9)
verification and
confirmation of the results of elections of deputies to the Milli Mejlis of
Azerbaijan Republic;
10) giving the opinion of Constitutional Court on
proposals of the Milli Mejlis or President of Azerbaijan Republic regarding the
introduction of modifications to the text of the Constitution of Azerbaijan
Republic;
11) interpretation of the Constitution and laws of
Azerbaijan Republic;
12) announcement of the results of the elections of the
President of Azerbaijan Republic;
In addition, at the sessions of the Plenum, Constitutional
Court shall:
1)
form the personal
composition of the Chambers of Constitutional Court;
2)
confirm the
Internal Regulations, Regulations concerning the emblem, robe, breastplate and
seal and introduce the modifications and amendments into them;
3)
propose
consideration of the matter on pre-term suspension of powers of a Judge of
Constitutional Court in cases provided for by Article 21 of the present Law;
Article
42. Matters to be Examined at the Sessions of the Chambers of Constitutional
Court
At the sessions of Chambers Constitutional Court shall
examine the cases covered by its jurisdiction and which are not subject to
consideration exclusively in the Plenum of Constitutional Court.
The following matters shall be examined at the
sessions of the Chambers:
1)
verification of
conformity of resolutions and orders of the Cabinet of Ministers of Azerbaijan
Republic, Constitution and laws of Nakhichevan Autonomous Republic, normative
legal acts of the central bodies of Executive of Azerbaijan Republic, resolutions
of Supreme Assembly of Nakhichevan Autonomous Republic, resolutions of the
Cabinet of Ministers of Nakhichevan Autonomous Republic to the Constitution of
Azerbaijan Republic;
2)
verification of
conformity of resolutions of the Cabinet of Ministers of Azerbaijan Republic,
laws of Nakhichevan Autonomous Republic, normative legal acts of the central
bodies of Executive of Azerbaijan Republic, resolutions of the Cabinet of
Ministers of Nakhichevan Autonomous Republic to the laws of Azerbaijan
Republic;
3)
verification of
conformity of resolutions of the Cabinet of Ministers of Azerbaijan Republic,
normative legal acts of the central bodies of Executive of Azerbaijan Republic,
resolutions of the Cabinet of Ministers of Nakhichevan Autonomous Republic to
the decrees of the President of Azerbaijan Republic;
4)
verification of
conformity of resolutions of the Cabinet of Ministers of Nakhichevan Autonomous
Republic to the resolutions of the Cabinet of Ministers of Azerbaijan Republic;
5)
in cases provided
for by the Law, verification of conformity of decisions of the Supreme Court of
Azerbaijan Republic to the Constitution and laws of Azerbaijan Republic;
6)
on conformity of
the acts of municipalities to the Constitution of Azerbaijan Republic, laws of
Azerbaijan Republic, orders of the President of Azerbaijan Republic, decrees of
the Cabinet of Ministers of Azerbaijan Republic;
CHAPTER
VII. CONSTITUTIONAL PROCEEDINGS
Article
43. Manners and Forms of proceedings implemented by Constitutional Court
The proceedings at Constitutional Court shall be
carried out in two following ways:
1) the constitutional proceedings;
2) the constitutional special proceedings;
The constitutional proceedings on the cases examined
by Constitutional Court shall be held in the following forms:
1) proceedings on cases related to consideration of
petitions regarding the matters specified by Article 130.3.1-6 and 130.3.8 of
the Constitution of Azerbaijan Republic;
2) proceedings on cases related to petitions on
elimination of political parties and other public associations;
3) proceedings on cases related to petitions on
distribution of powers among Legislature, Executive and Judiciary;
The special constitutional proceedings on the cases
examined by Constitutional Court shall be held in the following forms:
1) proceedings on cases related to petitions
concerning interpretation of the Constitution of Azerbaijan Republic;
2) proceedings on cases related to petitions of the
Milli Mejlis of Azerbaijan Republic held with the view to ascertain the
information regarding complete inability of the President of Azerbaijan
Republic to perform his/her duties due to the state of health;
3) proceedings on cases related to consideration of
resignation of the President of Azerbaijan Republic;
4) proceedings on cases related to consideration of
the matter on impeachment of the President of Azerbaijan Republic;
5) proceedings on cases related to verification and
confirmation of the results of elections of the Deputies of the Milli Mejlis of
Azerbaijan Republic;
6) proceedings on cases concerning fixing the date of
the first session of a newly elected Milli Mejlis of Azerbaijan Republic;
7) proceedings on cases related to giving the opinion
of Constitutional Court regarding the introduction of modifications to the
Constitution of Azerbaijan Republic as proposed by the Milli Mejlis of
Azerbaijan Republic or the President of Azerbaijan Republic;
Article 44. Parties to the Constitutional Proceedings
Petitioners and Respondents shall be the parties to
constitutional proceedings.
According to the Article 130.3 of the Constitution of
Azerbaijan Republic the President of Azerbaijan Republic, the Milli Mejlis of
Azerbaijan Republic, the Cabinet of Ministers of Azerbaijan Republic, the
Supreme Court of Azerbaijan Republic, the Prosecutor's Office of Azerbaijan
Republic, the Ali Mejlis of Nakhchivan Autonomous Republic can be the
petitioners at the constitutional proceedings. According to the Constitutional
Law, courts, Ombudsman and individuals who submitted constitutional complaint
shall be the petitioners at the constitutional proceedings.
According to Article 130.3 of the Constitution of
Azerbaijan Republic the following subjects may be respondents at the
constitutional proceedings:
1) a State body that has adopted a normative legal act
which by opinion of petitioner does not conform to the Constitution and laws of
Azerbaijan Republic, decrees of the President of Azerbaijan Republic,
resolutions of the Cabinet of Ministers of Azerbaijan Republic;
2) the Supreme Court of Azerbaijan Republic that has
adopted the guidelines which do not conform to the Constitution and laws of
Azerbaijan Republic;
3) a local self-government body that has adopted
municipal act which do not conform to the Constitution and laws of Azerbaijan
Republic, decrees of the President of Azerbaijan Republic, resolutions of the
Cabinet of Ministers of Azerbaijan Republic (in Nakhchivan Autonomous Republic
also the Constitution and laws of Nakhchivan Autonomous Republic, resolutions
of the Cabinet of Ministers of Nakhchivan Autonomous Republic);
4) an official who has signed the interstate agreement
on behalf of Azerbaijan Republic which has not come into force and does not
conform by opinion of petitioner to the Constitution of Azerbaijan Republic;
5) an official who has signed intergovernmental
agreement on behalf of Azerbaijan Republic which does not conform on opinion of
the petitioner to the Constitution and laws of Azerbaijan Republic;
6) political parties and other public associations,
which elimination is requested by a petitioner;
7) legislative, executive or judicial body accused by
petitioner of infringement of the separation of powers;
In the constitutional proceedings the petitioners and
respondents can be represented by their legal representatives.
Article
45. Interested Subjects at the
Constitutional Special Proceedings.
The interested subjects of the constitutional special
proceedings shall be the bodies which submitted a petition to Constitutional
Court in cases provided for by the Constitution of Azerbaijan Republic, and
bodies and individuals whose interests are affected by such petitions.
The interested parties may be represented by their
legal representatives in constitutional special proceedings.
Article
46. Rights and Liabilities of Parties
and Interested Subjects
The parties and interested subjects shall have the
right to get acquainted with the materials of the constitutional case, take
extracts from them and make copies. During consideration of the case, the
parties and interested subjects may declare objections, present evidence,
participate in the surveys of evidence, put questions to each other as well as
to the witnesses and experts, submit petitions, answer questions put to them,
object to petitions, evidences and ideas contained in statements of the other
party and present the final statement or concluding remarks.
The parties and interested subjects shall respect
Constitutional Court and comply with the requirements of the special
constitutional proceedings. The parties and interested subjects must appear
before Constitutional Court in due time, observe the order adopted in
Constitutional Court and comply immediately with the orders of the Judge
presiding over the session of Constitutional Court.
Article
47. Witness
A person possessing any information regarding the
constitutional case examined at the session of Constitutional Court shall be a
witness. A witness may be summoned to the session of Constitutional Court with
the view to give witness testimonies upon proposals of the petitioner,
respondent, subject concerned or decision of Constitutional Court.
A witness shall present testimonies concerning the
facts known to him/her which are to be ascertained within the constitutional
case.
A witness shall respect Constitutional Court and observe
requirements of constitutional proceedings. A witness shall respect the
procedure established in Constitutional Court and execute immediately the
orders of the Judge presiding over the session of Constitutional Court.
Article 48. Expert
Persons possessing scientific or other specialized
knowledge on the constitutional case examined at the session of Constitutional
Court may be invited in their capacity as experts by Constitutional Court, the
Reporter Judge, the parties or interested subjects. Expert shall present the
written opinion on the case.
Expert shall provide impartial and well-grounded
answers to the questions put to him/her. In order to answer the questions,
experts may apply to Constitutional Court with the requests to get acquainted
with all the materials of the constitutional case and any other necessary
documents. In case if expert considers that the presented materials are not
sufficient to answer the questions put or unable to answer them as not
sufficiently knowledgeable, then he/she must inform of it Constitutional Court.
In order to answer the questions posed, experts may with the permission of the
Judge presiding over session of Constitutional Court put questions to the
parties, interested subjects and witnesses.
Experts must respect Constitutional Court and observe
the requirements of the constitutional proceedings. Experts must appear
promptly to the summons of Constitutional Court, respect the procedure adopted
by Constitutional Court and execute immediately the orders of the Judge
presiding over the session of Constitutional Court
Article
49. Responsibility of Expert and Witness
At the court sessions, experts and witnesses shall
take the oath and be notified of the responsibility to be borne according to
the procedure specified by legislation for the wittingly false opinion or
wittingly false testimonies as well as for refusal to give opinion or
testimony.
Article
50. Procedure of Constitutional Court Session
Judge presiding over session of Constitutional Court
having verified that the session is authorized shall open it and announce the
case to be considered at the session.
Judge presiding over session of Constitutional Court
shall verify the presence of parties, interested subjects and the persons
involved to a case, verify if necessary, the authorities of representatives of
parties and interested subjects and then shall put a question on commencement
or postponement of consideration of a case.
Judge presiding over session of Constitutional Court
shall explain to parties and interested subjects their rights and obligations.
Examination of constitutional case in essence shall
commence with the report of the Reporter Judge. Judges of Constitutional Court
may put questions to the Reporter Judge.
After the Reporter Judge’s report the parties and
interested subjects shall state factual circumstances of the case and its legal
grounds. Parties and interested subjects can be represented by several
representatives each of whom shall have the right to speak. The petitioner
shall be the first to speak. The presentation of each of participants of the
case must not exceed 30 minutes. Upon the request of the participant of a case
the Court can extend duration of his/her presentation.
Then if necessary, the opinions of experts, witnesses
and invited persons shall be heard.
Further, the concluding statements of parties or
interested subjects shall be heard.
Session of Constitutional Court shall be accomplished
by the adoption of the ruling on retirement to deliberation room and
information by the Judge presiding over session of Constitutional Court as to
the time when the act of Constitutional Court will be declared.
Article
51. Responsibility for Breach of Procedure of Constitutional Proceedings
With the view to ensure the implementation of constitutional
proceedings the administrative measures in the form of the fine at the rate
from 5 to 50 minimum salaries shall be provided for:
-
interference with
the administration of justice by Constitutional Court and attempt to put
pressure upon the Judges;
-
failure to
execute without a good reason the requests of the Judges of Constitutional
Court as well as the resolutions of Constitutional Court;
-
breach of the
judicial oath;
-
non-compliance
with the orders of the Judge presiding over the session, breach of the order
during the session as well as performance of other actions displaying the
obvious contempt of Constitutional Court and the procedure of constitutional
proceedings;
Measures of administrative responsibility shall be
applied by the Judge presiding over the session and entered into the Minutes of
the session.
Payment of the fine shall be carried out within 15
days from the date of notification of the person about the imposing of such
fine.
Article
52. Expulsion of a Judge
If a Judge of Constitutional Court is expelled on the
grounds of his/her concernment or if he/she self-expelled, then the Court shall
adopt a decision in absentia of the expelled or self-expelled Judge of
Constitutional Court. The expulsion shall be well grounded.
The expelled Judge can express his/her opinion on this
matter.
If the validity of expulsion or self-expulsion of a
Judge who participated in consideration of a case by one of Chambers is
recognized as well grounded, then Chairman of Constitutional Court, if
necessary, can substitute him/her for a Judge from another Chamber.
The expulsion of the entire composition of Judges
shall be inadmissible.
Article
53. Postponement of a Session
Examination of a case may be postponed, if:
1)
the case has not
been prepared insufficiently and its further study is required;
2)
the new evidences
must be considered;
3)
the other good
reasons arose;
In this case Constitutional Court shall appoint a new
date of a session. The session on a case, which examination is postponed shall
start from the beginning or the moment it was postponed from.
Article 54. Resumption
of Examination of a Case
If after concluding statements of parties,
Constitutional Court recognizes as necessary to ascertain additional
circumstances which are essential for the case or examine the new evidences, it
shall adopt the ruling on resumption of examination of the case.
Upon completion of additional examination, the parties
shall have the right to repeated concluding statements but only in connection
with the newly examined circumstances and evidences.
Article 55.
Discontinuance of the Proceedings on a Case
Constitutional Court shall discontinue the proceedings
on a case if any grounds to reject the acceptance of a petition, application or
complaint are discovered during the session.
Article
56. Court Costs
Proceedings of Constitutional Court shall be free of
charge
The costs for proceedings of Constitutional Court on a
case shall be reimbursed by the State budget.
Article
57. Minutes of Court Sessions
Minutes of a session of Constitutional Court shall be
kept by the Clerk of the court session and enclosed to materials of the case.
The parties or interested subjects shall have the
right to get acquainted with the Minutes of the session of Constitutional Court
and may present their comments thereto.
Constitutional Court shall examine within a period of
10 days the comments concerning the minutes of Constitutional Court and adopt a
well-grounded decision as to enclosure or rejection of the comments to the
Minutes.
CHAPTER
VIII. SPECIFIC FEATURES OF CONSTITUTIONAL PROCEEDINGS ON VARIOUS TYPES OF
CONSTITUTIONAL CASES
Article 58. Procedure of Submission of Petitions and
Complaints to Constitutional Court in Cases Specified in Articles 130.3.1-5 and
130.3.8 of the Constitution of Azerbaijan Republic
In cases specified by Articles 130.3.1-5 and 130.3.8
of the Constitution of Azerbaijan Republic, petitions or complaints shall be
submitted to Constitutional Court in written form.
A petition or complaint shall meet the requirements of
Article 30 of the present Law.
The documents indicated in Article 31 of the present
Law shall be enclosed to a petition or complaint and the documents indicated in
Article 33 of the present Law shall be additionally enclosed to a complaint.
Article 59. Terms of
Consideration of a Petition or Complaint in Cases Provided for by Articles
130.3.1-5 and 130.3.8 of the Constitution of Azerbaijan Republic
After a petition or complaint provided for by Articles
130.3.1-5 and 130.3.8 of the Constitution of Azerbaijan Republic has been
submitted to Constitutional Court, Constitutional Court shall within 15 days
consider it at the session and adopt a ruling whether to accept it for or
reject its examination.
The ruling on acceptance or rejection of examination
of a petition or complaint shall be sent within 7 days after its adoption to a
body or official who submitted a petition or a person who lodged a complaint.
The examination in essence of a petition or complaint
by Constitutional Court shall be commenced within 60 days after acceptance for
examination.
Article 60. Procedure
for Submission of Petitions Concerning Non-Conformity of Interstate Agreements
with the Constitution and Intergovernmental Agreements with the Constitution
and Laws of Azerbaijan Republic
In cases provided for by Article 130.3.6 of the
Constitution of Azerbaijan Republic, the petition in written form shall be
submitted to Constitutional Court.
A petition should meet the requirements of Article 30
of the present Law.
The documents indicated in Article 31 of the present
Law shall be enclosed to a petition.
Article 61. Terms of
Consideration of Petitions Concerning Non-Conformity of Interstate Agreements
with the Constitution and Intergovernmental Agreements with the Constitution
and Laws of Azerbaijan Republic
After a petition provided for by Articles 130.3.6 of
the Constitution of Azerbaijan Republic has been submitted to Constitutional
Court, Constitutional Court shall within 15 days consider it at the session and
adopt a ruling whether to accept it for or reject its examination.
The ruling on acceptance or rejection of examination
of a petition shall be sent within 7 days after its adoption to a body or
official who submitted the petition.
The examination in essence of a petition by
Constitutional Court shall be commenced within 60 days after its acceptance for
examination.
Before consideration of a petition on conformity of
the interstate agreements of Azerbaijan Republic, which have not come into
force to the Constitution of Azerbaijan Republic as well as intergovernmental
agreements to the Constitution and laws of Azerbaijan Republic, the mentioned
agreements must not be approved.
Article 62. Procedure for Submission of Petitions
Concerning Elimination of Political Parties and Other Public Associations
In cases provided for by Article 130.3.7 of the
Constitution of Azerbaijan Republic, a petition in written form shall be
submitted to Constitutional Court.
A petition should meet the requirements of Article 30
of the present Law.
The documents indicated in Article 31 of the present
Law shall be enclosed to a petition.
Article 63. Terms of
Consideration of Petitions Concerning Elimination of Political Parties and
Other Public Associations
After a petition on elimination of political parties
and other public associations has been submitted to Constitutional Court,
Constitutional Court shall within 7 days consider it at the session and adopt a
ruling whether to accept for or reject its examination.
The ruling on acceptance or rejection of examination
of a petition shall be sent the day of its adoption to a body or official who
submitted a petition and also the political party or public association. The
examination of a petition by Constitutional Court shall be commenced within 45
days after its acceptance for examination.
Article 64. Procedure
for Submission of Petitions on Disputes Concerning Separation of Powers Among
the Bodies of Legislature, Executive and Judiciary
In cases provided for by Article 130.3.9 of the
Constitution of Azerbaijan Republic, a petition in written form shall be
submitted to Constitutional Court.
A petition should meet the requirements of Article 30
of the present Law.
The documents indicated in Article 31 of the present
Law shall be enclosed to a petition.
Article 65. Terms of Consideration of Petitions on
Disputes Concerning Separation of Powers Among the Bodies of Legislature,
Executive and Judiciary
After a petition on the disputes concerning separation
of powers among Legislature, Executive and Judiciary has been submitted to
Constitutional Court, Constitutional Court shall within 7 days consider it at
the session and decide whether to accept for or reject its examination.
The ruling on acceptance or rejection of examination
of a petition shall be sent the day of its adoption to a body or official who
submitted a petition.
The examination of a petition by Constitutional Court
shall be commenced within 45 days after its acceptance for examination.
Article 66. Procedure for Submission of Petitions on Interpretation
of the Constitution and Laws of Azerbaijan Republic
In cases provided for by Article 130.4 of the
Constitution of Azerbaijan Republic, petitions shall be submitted in written
form.
A petition shall meet the requirements of Article 30
of the present Law.
The documents indicated in Article 31 of the present
Law shall be enclosed to a petition.
Article 67. Terms of
Consideration of a Petition Concerning Interpretation of the Constitution and
Laws of Azerbaijan Republic
After a petition on interpretation of the Constitution
and Laws of Azerbaijan Republic has been submitted to Constitutional Court,
Constitutional Court shall within 15 days consider it at the session and adopt
a ruling whether to accept for or reject its examination.
The ruling on acceptance or rejection of examination
of a petition shall be sent within 7 days from the date of its adoption to a
body or official who submitted the petition.
The examination of a petition by Constitutional Court
shall be commenced within 60 days after its acceptance for examination.
Article 68. Procedure of Consideration of Petitions
Submitted by the Milli Mejlis of Azerbaijan Republic as to Verification of
Information Concerning Complete Inability of the President of Azerbaijan
Republic to Fulfill His/Her Duties due to the State of Health
In cases specified by Article 104.3 of the
Constitution of Azerbaijan Republic, the Milli Mejlis of Azerbaijan Republic
shall adopt a relevant resolution on a written petition to Constitutional
Court:
The petition shall include the following:
1) denomination of Constitutional Court;
2) date of the session of the Milli Mejlis of
Azerbaijan Republic at which the resolution on submission of a petition of the
Milli Mejlis of Azerbaijan Republic was adopted;
3) Article of the Constitution of Azerbaijan Republic
enabling the Milli Mejlis of Azerbaijan Republic to submit a petition to
Constitutional Court and approving the authorities of Constitutional Court to
examine this petition;
4) the source of information concerning complete
inability of the President of Azerbaijan Republic to fulfill his/her duties due
to the state of health;
5) a list of documents and materials enclosed to a
petition;
6) a list of persons who will participate at the
session of Constitutional Court from the Milli Mejlis of Azerbaijan Republic;
7) signature of the Chairman of the Milli Mejlis of
Azerbaijan Republic;
Article 69. Rejection to
Consider the Petition Submitted by the Milli Mejlis of Azerbaijan Republic as
to Verification of Information Concerning Complete Inability of the President
of Azerbaijan Republic to Fulfill Duties due to the State of Health
Constitutional Court shall refuse to consider
petitions submitted by the Milli Mejlis of Azerbaijan Republic as to
verification of information concerning complete inability of the President of
Azerbaijan Republic to fulfill his/her duties due to the state of health in the
following cases:
- if a petition was adopted at the session of the
Milli Mejlis of Azerbaijan Republic at which the quorum established by the
Constitution of Azerbaijan Republic was not available or if the petition did
not collect the required majority of votes;
- if a petition does not meet the requirements of
Article 68 of the present Law;
Article 70. Terms of Consideration of the Petitions
Submitted by the Milli Mejlis of Azerbaijan Republic as to Verification of
Information Concerning Complete Inability of the President of Azerbaijan
Republic to Fulfill His/Her Duties due to the State of Health
Petition submitted by the Milli Mejlis of Azerbaijan
Republic as to verification of information concerning complete inability of the
President of Azerbaijan Republic to fulfill his/her duties due to the state of
health shall be brought for examination at the session of Constitutional Court
within 3 days after its receipt by Constitutional Court and the ruling
concerning the acceptance or rejection of examination of a petition in question
shall be adopted.
The ruling on acceptance or rejection of examination
of a petition shall be adopted by the majority of not less than 5 Judges. The
ruling on acceptance or rejection to examine a petition shall be sent to the
President of Azerbaijan Republic and the Milli Mejlis of Azerbaijan Republic on
the day of its adoption.
Examination in essence of petition shall be commenced
within 7 days from the day of its acceptance for examination.
A decision of Constitutional Court on impeachment of
the President of Azerbaijan Republic in connection with his/her complete
inability to fulfill his/her duties due to the state of health shall be adopted
by the majority of 6 Judges.
In case if Constitutional Court does not confirm the
fact of complete inability of the President of Azerbaijan Republic to fulfill
his/her duties due to the state of health the matter shall be considered as
settled and written information about that shall be sent immediately to the
Milli Mejlis of Azerbaijan Republic.
Article 71. Procedure of Consideration of Application of
the President of Azerbaijan Republic on Retirement
In cases specified by Article 104.2 of the
Constitution of Azerbaijan Republic, the President of Azerbaijan Republic shall
submit a written application to Constitutional Court.
Constitutional Court shall not be enabled to reject
the consideration of application of the President of Azerbaijan Republic on
retirement.
The application of the President of Azerbaijan
Republic on retirement shall be examined in essence by Constitutional Court
within 3 days after its receipt.
In case if Constitutional Court is confident in
voluntary character of the application of the President of Azerbaijan Republic
it shall adopt a decision concerning the acceptance of retirement of the
President of Azerbaijan Republic.
In case if Constitutional Court is not convinced that
the application on retirement of the President of Azerbaijan Republic was
submitted voluntarily, the decision on non-acceptance of retirement of the
President of Azerbaijan Republic shall be adopted.
These decisions shall be adopted by Constitutional
Court by the majority of not less than 5 Judges and immediately sent to the
Milli Mejlis of Azerbaijan Republic.
Article 72. Procedure of Consideration of Impeachment of
the President of Azerbaijan Republic
According to Article 107.1 of the Constitution of
Azerbaijan Republic, in case if the President commits a grave crime
Constitutional Court may bring an initiative to dismiss the President of
Azerbaijan Republic from office.
The proposal concerning impeachment of the President
of Azerbaijan Republic shall be submitted by not less than 3 Judges of
Constitutional Court. This proposal shall be submitted in written form to the
Chairman of Constitutional Court. Within the period of 3 days after proposal
was made a session of Constitutional Court shall be called to examine this
matter. If Constitutional Court finds this proposal groundless, the majority of
5 Judges shall be required to adopt the decision about that.
If the proposal is found well-grounded, Constitutional
Court shall submit a matter to the Supreme Court of Azerbaijan Republic in
order to receive an opinion on whether the President of Azerbaijan Republic has
committed a grave crime. A decision on this matter shall be adopted by the
majority of 6 Judges of Constitutional Court. Within 30 days after receipt of a
matter, the Supreme Court of Azerbaijan Republic shall examine it and provide
Constitutional Court with the written opinion.
If Constitutional Court comes to conclusion that no
grave crime was found in the actions of the President of Azerbaijan Republic,
the matter shall be considered as settled.
Taking into consideration the opinion of the Supreme
Court of Azerbaijan Republic, Constitutional Court by majority of 7 Judges can
adopt a decision as to bringing an initiative on impeachment of the President
of Azerbaijan Republic in connection with the presence of a grave crime in
his/her actions. This decision shall be immediately sent to the Milli Mejlis of
Azerbaijan Republic.
If the Milli Mejlis of Azerbaijan Republic according
to the procedure specified by Article 107.2 of the Constitution of Azerbaijan
Republic adopts a resolution on impeachment of the President of Azerbaijan
Republic, then this resolution shall be immediately sent to Constitutional
Court. Having received the resolution of the Milli Mejlis of Azerbaijan
Republic, Constitutional Court shall verify within 7 days whether the
requirements of the Constitution and relevant laws of Azerbaijan Republic were
observed at the adoption of this resolution. The decision of Constitutional
Court supporting the resolution of the Milli Mejlis of Azerbaijan Republic
shall be adopted by majority of not less than 7 Judges. The resolution of the
Milli Mejlis of Azerbaijan Republic on impeachment of the President of
Azerbaijan Republic shall be signed by the Chairman of Constitutional Court
according to the Article 107.2 of the Constitution of Azerbaijan Republic.
If Constitutional Court does not adopt decision
supporting the resolution of the Milli Mejlis of Azerbaijan Republic, then the
resolution of the Milli Mejlis of Azerbaijan Republic on impeachment of the
President of Azerbaijan Republic shall not enter into force.
Article 73. Procedure of Verification and Confirmation
of the Results of the Elections to the Milli Mejlis of Azerbaijan Republic
According to Article 86 of the Constitution of
Azerbaijan Republic, Constitutional Court shall verify and confirm the accuracy
of the elections of deputies to the Milli Mejlis of Azerbaijan Republic. The
procedure of verification and confirmation of accuracy of the elections of
deputies to the Milli Mejlis shall be determined by the legislation of
Azerbaijan Republic. Constitutional Court shall not be enabled to consider the
disputes regarding actual circumstances of holding the elections and
calculation of votes.
Session of Constitutional Court devoted to
verification of the accuracy of elections of deputies to the Milli Mejlis shall
be commenced within 20 days from the day of receipt of materials.
Several Reporter Judges may be appointed for
examination of this matter.
Chairman and members of the Central Election
Commission as well as other persons invited by Constitutional Court may
participate at the session of Constitutional Court held with the view to verify
the accuracy of results of elections of deputies to the Milli Mejlis of
Azerbaijan Republic.
Following the results of verification, Constitutional
Court may by a majority of not less than 5 Judges adopt a decision on complete
confirmation, partial confirmation or non-confirmation of the results of the
elections of deputies to the Milli Mejlis of Azerbaijan Republic.
The resolution of Constitutional Court shall be
adopted only after the Central Election Commission and courts of general
jurisdiction resolve all disputes connected with elections.
Article 74. Procedure of Fixing the Date of the First
Session of the Newly-Elected Milli Mejlis of Azerbaijan Republic
According to Article 88.1 of the Constitution of
Azerbaijan Republic Constitutional Court shall fix the date of the first
session of the newly-elected Milli Mejlis of Azerbaijan Republic in case if
powers of the 83 deputies have not been confirmed by the 1st February
after the elections.
If Constitutional Court confirms the election of the
83 deputies of the Milli Mejlis of Azerbaijan Republic after 1st
February then the date of the first session of the newly-elected Milli Mejlis
shall be fixed at the same session of Constitutional Court.
Decision on this matter shall be adopted by a majority
of not less than 5 Judges of Constitutional Court.
Article 75. Procedure of Consideration of a Matter
Concerning the Opinions of Constitutional Court with regard to Proposals on
Introduction of Modifications to the Text of the Constitution of Azerbaijan
Republic Set Forth by the Milli Mejlis or the President of Azerbaijan Republic
According to Article 153 of the Constitution of
Azerbaijan Republic in case if the proposals on introduction of modifications
to the text of the Constitution of Azerbaijan Republic are set forth by the
Milli Mejlis or the President of Azerbaijan Republic, the opinion of
Constitutional Court on the proposed modifications shall be required.
Constitutional Court shall bring the matter on
introduction of modifications for discussion at the session of Constitutional
Court within 7 days from the day of receipt of the text of proposed
modifications.
Constitutional Court shall adopt a well-grounded
opinion as to conformity or non-conformity of the proposed modifications to the
principles of the Constitution of Azerbaijan Republic.
If a referendum on introduction of modifications to
the text of the Constitution of Azerbaijan Republic is held, then a summary of
the opinion of Constitutional Court shall be included into a voting-paper.
CHAPTER
IX. ACTS OF CONSTITUTIONAL COURT
Article
76. Acts of Constitutional Court
Constitutional Court shall adopt resolutions and
rulings
Article 77. Resolution
of Constitutional Court
The resolution of Constitutional Court shall be the
written document adopted at the sessions of Constitutional Court and containing
the conclusions of Constitutional Court obtained as a result of examination of
the constitutional case in essence.
Resolution of Constitutional Court shall be adopted on
behalf of Azerbaijan Republic.
Resolution of Constitutional Court shall be final and cannot be
cancelled or modified by any body or official.
Resolution of Constitutional Court shall be signed by
a Judge presiding over the session, at which that resolution was adopted.
Article 78. Dissenting
Opinion of a Judge of Constitutional Court
Judge of Constitutional Court who disagrees with the
resolution of Constitutional Court may express the dissenting opinion in
written form. The dissenting opinion of the Judge of Constitutional Court shall
be attached to the resolution of Constitutional Court.
The dissenting opinion of a Judge shall be enclosed to
the materials of case as well as published along with the resolution of
Constitutional Court.
Article 79. Announcement
of Resolutions of Constitutional Court
After adoption of resolution, Judges shall return to
the hall of court session and the Judge presiding over the session shall
announce the resolution.
Article 80. Legal Force of Resolutions of Constitutional
Court
According to Article 130.6 of the Constitution of
Azerbaijan Republic, the resolutions of Constitutional Court shall have binding
force through out the territory of Azerbaijan Republic.
Resolutions of Constitutional Court shall be binding
after their adoption. Persons who do not comply with resolutions of
Constitutional Court shall bear the responsibility according to Article 51 of
the present Law as well as the criminal responsibility via the procedure
specified by the legislation of Azerbaijan Republic.
Article 81. Terms of
Entry Into Force of Resolution of Constitutional Court
The resolutions of Constitutional Court shall enter
into legal force at the following periods of time:
1) Resolution adopted in connection with the cases
specified by Article 130.3.1-6 and 130.3.8 of the Constitution of Azerbaijan
Republic shall enter into force from the date specified in the resolution
itself;
2) Resolution on elimination of political parties and
other public associations, separation
of powers between the Legislature, Executive and Judiciary as well as on
interpretation of the Constitution and laws of Azerbaijan Republic shall enter
into force from the date of its publication;
3) Resolution on other matters within the jurisdiction
of Constitutional Court shall enter into force from the date of its
announcement;
Article 82. Loss of Legal Force or Non-Entry Into Legal
Force of Laws and Other Acts upon Resolutions of Constitutional Court
According to Article 130.7 of the Constitution of
Azerbaijan Republic, laws and other legal acts or their specific provisions and
intergovernmental agreements of Azerbaijan Republic shall lose their legal
force and the interstate agreements of Azerbaijan Republic shall not enter into
force in terms specified in the resolution of Constitutional Court.
Article 83. Inadmissibility of Official Interpretation of
Resolutions of Constitutional Court
No person or body shall be enabled to give the binding
interpretation of the resolutions of Constitutional Court.
Article
84. Rulings of Constitutional Court
Constitutional Court shall adopt rulings in order to
accept the matters for examination, settle matters arising during sessions of
Constitutional Court as well as in other cases specified by the present Law.
Rulings of Constitutional Court shall be adopted by a
majority of 5 Judges.
Rulings of Constitutional Court adopted during
examination of the constitutional case shall be entered into the Minutes of the
sessions of Constitutional Court while other rulings of Constitutional Court
shall be published.
Article 85. Publication
of Acts of Constitutional Court
The Resolutions of Constitutional Court as well as the
rulings to be promulgated shall be published in the official newspaper of
Azerbaijan Republic.
All resolutions and rulings of Constitutional Court,
shorthand reports of public sessions of Constitutional Court and other
materials connected with the activity of Constitutional Court shall be
published in
"Азярбайжан
Республикасы
Конститусийа
Мящкямясинин
Мялуматы" (Newsletter of
Constitutional Court).
CHAPTER
X. ARRANGEMENT AND MAINTENANCE OF THE ACTIVITIY OF CONSTITUTIONAL COURT
Article
86. Internal Regulations of Constitutional Court
With a view to arrange its activities, Constitutional
Court shall adopt the Internal Regulations to be approved by a resolution.
On the basis of the present Law, the Internal
Regulations of Constitutional Court shall determine: the procedure of
assignation of the personal composition of Chambers, distribution of cases
among them; determination of the sequence of consideration of cases at the
sessions of Plenum and Chambers; some rules of procedure and etiquette during
the sessions; peculiarities of record beeping in Constitutional Court;
requirements to the staff of Constitutional Court and other matters of the
internal activities of Constitutional Court.
Article
87. Symbols of Constitutional Court
The State flag of Azerbaijan Republic, State coat of
arms of Azerbaijan Republic and the official emblem of Constitutional Court
shall be the symbols of Constitutional Court.
Judges of Constitutional Court shall wear special uniform
(cloak) at the sessions of the Court and special official clothing at the
ceremony of adjuration of the President and other public measures.
Images of the official emblem of Constitutional Court
and special uniform of Judges of Constitutional Court as well as Regulations on
them shall be approved by a resolution of the Plenum of Constitutional Court.
Article 88. The Badge and Identity Documents of Judges
of Constitutional Court
Judges of Constitutional Court shall be provided with
the badges and identity documents.
Image of the badge and identity documents as well as
Regulations on them shall be approved by a resolution of the Plenum of
Constitutional Court
Article 89. The Seal of
Constitutional Court
Constitutional Court shall possess the seal depicting
the State coat of arms of Azerbaijan Republic and denomination of
Constitutional Court.
Description of the seal of Constitutional Court shall
be approved by a resolution of the Plenum of Constitutional Court.
Article 90. Location of
Constitutional Court
Constitutional Court shall be located in Baku city.
Sessions of Constitutional Court shall be held in the
building of Constitutional Court. In case if for any reasons the session of
Constitutional Court cannot be held in the building of Constitutional Court,
the sessions may be held at another place following instructions of the
Chairman of Constitutional Court.
Operating mode of the building of Constitutional Court
shall be determined by the Internal Regulations of Constitutional Court.
Article 91. Financing of
the Activity of Constitutional Court
Activities of Constitutional Court shall be financed
from the State budget of Azerbaijan Republic. The means allocated annually for
the activities of Constitutional Court shall not be reduced as compared to
those ones allocated for the previous fiscal year.
The annual means allocated for the activities of
Constitutional Court shall provide for the means to cover the expenses directed
at ensuring the normal activities of Constitutional Court.
Proposals of Constitutional Court regarding the volume
of expenses for maintenance of Constitutional Court for the next year shall be
submitted to the relevant body of Executive with the view to be included into
the draft of the State budget.
Article 92. Salary and
Allowances of the Judges of Constitutional Court
The material security of Judges of Constitutional
Court shall consist of salary, rise, quarterly premium and other cash benefits
established by the present Law.
Chairman of Constitutional Court shall receive the
monthly salary equal to the official salary of Chairman of the Milli Mejlis of
Azerbaijan Republic.
Deputy Chairman of Constitutional Court shall receive
the monthly salary equal to the official salary of the first Deputy Chairman of
the Milli Mejlis of Azerbaijan Republic.
Judge of Constitutional Court shall receive the
monthly salary equal to the official salary of Deputy Chairman of the Milli
Mejlis of Azerbaijan Republic.
Judge of Constitutional Court shall be paid monthly
tax-free allowances with the view of compensation of expenses connected with
fulfillment of his/her duties.
Article
93. Vacation of Judges of Constitutional Court
A Judge of Constitutional Court shall be annually
granted a vacation for a period of 40 calendar days.
Judges of Constitutional Court shall be paid tax-free
cash benefits at the rate of the two-month salary for the period of vacation.
The rate of vacation expenses of Judges of
Constitutional Court shall be equal to the rate of expenses of the Deputy
Chairman of Milli Mejlis of Azerbaijan Republic provided for by the legislation
of Azerbaijan Republic.
Vacation for Judge of Constitutional Court shall be
granted by the Chairman of Constitutional Court.
Article 94. Other
Guarantees for Judges of Constitutional Court
Judge of Constitutional Court shall be free from the
military call-up and musters.
Health and life of Judge of Constitutional Court shall
be insured at the expense of the State budget on sum equal to his/her 5 years
salary.
The detriment caused to the Judge of Constitutional
Court or members of his/her family in connection with Judge’s activity, as a
result of destruction or damage of his/her property shall be indemnified to the
Judge or members of his/her family in full. This detriment shall be indemnified
for the expenses of State budget of Azerbaijan Republic via the procedure
specified by the legislation of Azerbaijan Republic with further deduction of
means from guilty persons.
With the view of ensuring the security of Judges of
Constitutional Court the relevant body of the Executive of Azerbaijan Republic
shall distribute office weapons to each Judge of Constitutional Court via the
procedure determined by the legislation of Azerbaijan Republic.
During the entire period of fulfillment of powers, the
Judges of Constitutional Court via procedure and in cases provided for by the
legislation of Azerbaijan Republic shall have the right to keep, wear and use
properly the office weapon. Where necessary, the Judges of Constitutional Court
shall be ensured the security.
Judge of Constitutional Court who has no dwelling in
Baku city shall be provided with the well-equipped apartment. Before a Judge of
Constitutional Court is provided with well-equipped apartment the relevant body
of the Executive must provide him/her with costs for renting a dwelling.
Judges of Constitutional Court shall be provided with
state medical care. Judges of Constitutional Court shall be paid cash benefits
at the rate of two-months salary for the medical treatment.
The place of permanent residence of a Judge of
Constitutional Court shall be provided with the telephone communication.
Article 95. Staff of
Constitutional Court
The staff of Constitutional Court composed of the
Secretariat and other departments shall provide legal, organizational,
informational, material and technical, financial support and logistics for the
activities of Constitutional Court.
The staff of Constitutional Court shall act according
to the Internal Regulations on the Staff of Constitutional Court to be approved
by the Chairman of Constitutional Court.
With a view to ensuring its work Constitutional Court
may create a library, printing-office and scientific research centre.
The structure, list of staff members of Constitutional
Court as well as the estimate of costs and salaries of employees shall be
determined by the Chairman of Constitutional Court.
The staff of Constitutional Court shall pass
attestation. The staff employers of Constitutional Court shall be conferred the
relevant rank upon the results of attestation. Procedure of passing attestation
and conferring the rank shall be determined by the legislation of Azerbaijan
Republic.
Staff of Constitutional Court shall receive the
monthly salary equal to the monthly salary of the staff of Milli Mejlis of
Azerbaijan Republic as well as the rise to salaries for the class rank.
The Chairman of Constitutional Court shall manage the
staff of Constitutional Court.
Article
96. Responsibilities of the Staff of Constitutional Court
The staff of Constitutional Court shall:
- ensure the activities of Constitutional Court and
its Judges;
- prepare the reference papers and other informational
materials necessary for the activities of Constitutional Court;
- provide Constitutional Court with Clerks of court
sessions;
- arrange shorthand reports of the sessions of
Constitutional Court;
- conduct the clerical work of Constitutional Court;
- ensure the registration and storage of the documents
of Constitutional Court;
- resolve the material, technical, financial and
domesticity matters connected with the activities of Constitutional Court and
its Judges;
- fulfill various instructions of the Chairman, Deputy
Chairman and Judges of Constitutional Court connected with the activities of
Constitutional Court;
- fulfill other duties arising in connection with the
activities of Constitutional Court;
Article 97. Rights and
Responsibilities of the Staff of Constitutional Court
The staff employees of Constitutional Court shall be
recruited and dismissed by the Chairman of Constitutional Court.
The rights, responsibilities and liabilities of the
staff employees of Constitutional Court shall be regulated by the labour
legislation of Azerbaijan Republic and the Internal Regulations on the Staff of
Constitutional Court.
Article
98. Entry Into Force of the Present Law
The present Law shall come into legal force from the
date of its publication.
