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Strasbourg, 9 February 2004
Opinion
no. 172/2001
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CDL(2004)005
Engl. only
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EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
LAW ON THE CONSTITUTIONAL COURT OF AZERBAIJAN
ADOPTED BY THE MILLI MEJLIS
ON 23 DECEMBER 2003
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose of Constitutional Court
1.1 The Constitutional Court of Azerbaijan Republic (hereinafter, Constitutional Court) shall be the supreme body of
constitutional justice on matters attributed to its jurisdiction by the
Constitution of Azerbaijan Republic
1.2. Basic objectives of Constitutional Court shall be to ensure the supremacy of
the Constitution of Azerbaijan Republic and protect fundamental rights and
freedoms of each person.
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, other
laws and the Rules of Procedure of Constitutional Court.
Article 3. Powers of Constitutional Court
Powers of Constitutional Court shall
be determined by Articles 86, 88.1, 102, 103.1, 104.2, 104.3, 107, 130.3-7, 153
and 154 of the Constitution of Azerbaijan Republic.
Article 4. 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 principles of
independence, collegiality and publicity.
Article 5. Independence of Constitutional Court
5.1. 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 as well as legal and physical persons.
5.2. Direct or indirect restriction
of the constitutional proceedings by anybody or for any reason, 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
Article 6. Composition and Organization of Constitutional Court
6.1. According to Article 130.1 of
the Constitution of Azerbaijan Republic, the Constitutional Court shall be composed of nine judges.
6.2. Constitutional Court shall examine the cases at the
sessions of Chambers and Plenum.
6.3. Plenum of Constitutional Court shall be composed of all judges of Constitutional Court.
6.4. Sessions of the Plenum of
Constitutional Court shall be convened by Chairman of Constitutional Court as a
rule and shall be held in accordance with procedure determined by the present
Law and Rules of Procedure of Constitutional Court.
6.5. Sessions of the Plenum of
Constitutional Court shall be presided over by the Chairman or acting Chairman
of Constitutional Court.
6.6. Session of the Plenum of
Constitutional Court shall be authorized if not less than 6 Judges are present
thereat, if otherwise is not provided for by the present Law.
6.7. Composition of Chambers shall
be determined by the Chairman of Constitutional Court.
6.8. Procedure for organization of
Chambers, calling and holding of sessions shall be determined by the Rules of
Procedure of Constitutional Court.
6.9. Sessions of the Chambers shall
be authorized if not less than 3 Judges are present thereat.
6.10. Chairman and Deputy Chairman
of Constitutional Court cannot belong to the same Chamber.
6.11. Judges of Constitutional Court shall preside over sessions of
Chambers in turn. Such a queue shall be determined at the session of the
Chamber.
Article 7. Matters
to be Examined at Sessions of the Chambers and Plenum
of Constitutional Court
7.1. Issues on
admissibility of petitions, applications and complaints concerning the matters
provided for in Article 130.3-7 of the Constitution of Azerbaijan Republic
shall be examined at sessions of the Chambers of Constitutional Court.
7.2. Petitions,
applications and complaints admitted for examination by the Constitutional Court concerning the matters provided for
in Article 130.3-7 of the Constitution of Azerbaijan Republic shall be examined
on the merits at the sessions of Plenum of Constitutional Court.
7.3. Issues provided for in
Articles 86, 88.1, 102, 104.2, 104.3 107 and 153 of the Constitution of
Azerbaijan Republic shall be immediately examined at sessions of Plenum of
Constitutional Court.
Article 8. Meetings of Judges of Constitutional Court
8.1. There are meetings of
judges of Constitutional Court held in order to decide issues on
internal activity of Constitutional Court and other issues, except for the
ones examined at the sessions of Constitutional Court.
8.2. Meetings of judges of Constitutional Court shall be convened by Chairman of
Constitutional Court. They can be convened upon request of any judge of Constitutional Court as well.
8.3. Meetings of judges of Constitutional Court shall be authorized if not less
than 6 judges are present thereat.
8.4. The following matters shall be
decided at the meetings of judges of Constitutional Court:
8.4.1. to
adopt the Rules of Procedure in order to organize activity of Constitutional Court;
8.4.2. to
confirm the specimen of the official emblem of Constitutional Court, seal, robe, breastplate and
identification document;
8.4.3. to
make proposals concerning draft of the state budget for the maintenance of the
activity of Constitutional Court;
8.4.4. to
make proposals concerning consideration of a matter on premature termination of
powers of judge of Constitutional Court in cases provided for by Article 23
of the present law;
8.4.5. to
decide other organizational matters;
8.5. Resolutions on matters provided
for in Article 8.4 of the present law shall be adopted at the meetings of
judges by their majority.
Article 9. Symbols of Constitutional Court
9.1. 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.
9.2 Judges of Constitutional Court shall wear special uniform (robe)
at the sessions of the Court and special official clothing at the ceremony of
adjuration of the President and other public measures.
Article 10. Location of Constitutional Court
10.1. Constitutional Court shall be located in Baku city.
10.2 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.
10.3. Operating mode of the
building of Constitutional Court shall be determined by the Rules of
Procedure of Constitutional Court.
CHAPTER III
STATUS OF JUDGES OF CONSTITUTIONAL COURT
Article 11. Requirements to be Met by
Candidates for the Post of Judge of Constitutional Court
11.1. According to Article 126.1 of
the Constitution of Azerbaijan Republic citizen of Azerbaijan Republic not younger than 30, having voting
right, higher juridical education and at least 5-year working experience in the
sphere of law can be judge of Constitutional Court.
11.2. According to Article 126.2 of
the Constitution of Azerbaijan Republic judges may not occupy any other posts,
irrespective of the procedure – elections or appointment, may not be involved
in business, commercial and other payable activity, except scientific, pedagogical
and creative activity, may not be involved in political activity and join
political parties, may not get remuneration other than their wages and money
for scientific, pedagogical and creative activity.
Article 12. Appointment of Judges of Constitutional Court
12.1. According to Article 130.2 of
the Constitution of Azerbaijan Republic judges of Constitutional Court shall be appointed by the Milli
Majlis of Azerbaijan Republic upon proposals of the President of
Azerbaijan Republic.
12.2. Constitutional Court may commence implementation of its powers upon
appointment of not less than 7 judges.
Article 13. Oath of Judge of Constitutional Court
13.1. On the day of appointment of
the Judge of Constitutional Court he/she shall take the following Oath at the
session of the Milli Majlis of Azerbaijan Republic:
"I do swear to fulfill properly
and honestly the duties of the Judge of Constitutional Court, protect supremacy
of the Constitution of Azerbaijan Republic and make decisions on examined
matters on the basis of law, impartiality and justice".
13.2. Powers of judge of Constitutional Court shall commence from the moment the
Oath is taken.
Article 14. Terms of Office of Judges of Constitutional Court
14.1. Judges of Constitutional Court shall be appointed for the term of
15 years.
14.2. The re-appointment of judge of
Constitutional Court shall be inadmissible
Article 15. Independence of Judges of Constitutional Court
15.1. Judges of Constitutional Court shall be independent, subordinate
only to Constitution and laws of Azerbaijan Republic.
15.2. Independence of judges of Constitutional Court shall be provided for by
unchangeable term of office and immunity, specific procedure for appointment,
bringing to criminal responsibility, premature termination of powers and
dismissal from the office, inadmissibility to contempt of the Court and
interference into its activity. Judges shall be granted with financial and
social security according to their high status.
Article 16. Immunity of Judges of Constitutional Court
16.1. According to Article 128.1-3
of the Constitution of Azerbaijan Republic judges of Constitutional Court shall be inviolable.
16.2. 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, neither he/she
shall be subjected to search, bringing to court or personal examination.
16.3. Judge of Constitutional Court detained as a person suspected in
commitment of criminal or administrative delinquency shall be released
immediately after his/her identification, except for the cases when judge of Constitutional Court is taken in the act of crime. The
body that detained judge of Constitutional Court shall promptly inform of this the Constitutional Court and Prosecutor General of Azerbaijan Republic in written.
16.4. 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.
16.5. Powers of the dismissed judge
of Constitutional Court shall be suspended until entrance
of the court decision against him/her into legal force or adoption of the final
decision by the body administrating criminal procedure in pre-trial period.
16.6. The dismissed Judge of
Constitutional Court shall only receive the wages set for a Judge of
Constitutional Court.
16.7. After dismissal of judge of Constitutional Court he/she can be brought to criminal
responsibility and arrested according to the procedure determined by the
criminal-procedure legislation with the consent of Constitutional Court on the basis of resolution of the
Prosecutor General of Azerbaijan Republic.
16.8. 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 have been terminated on justificatory grounds.
16.9. Immunity of Judge spreads upon
his/her apartment, office, means of transportation and communication, postal
and telegraph correspondence, private property and documents.
16.10. 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 17. Rights of the Judges of Constitutional Court
17. Judges of Constitutional Court shall be invested with the following
rights:
17.1. to
participate in all sessions of Constitutional Court, express their opinion concerning
the procedure of conduction of a session;
17.2. to
participate in resolution of the matters related to jurisdiction of Constitutional Court;
17.3. 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;
17.4. to request any documents or
other information on matters to be examined by Constitutional Court from
legislative, executive and judicial bodies, local self-government bodies, legal
and physical persons as well as to listen to explanations of the officials on
these matters;
17.5. to
get acquainted with the solicitations and other documents presented at the
session of Constitutional Court;
17.6. to
express their opinions concerning resolution to be adopted by Constitutional Court in judges’ deliberative room, to
vote for or against the resolution;
17.7. to
express their dissenting opinion in case of disagreement with descriptive,
declaration or conclusive parts of resolution adopted by Constitutional Court;
17.8. to
request conduction of sessions of Constitutional Court in terms provided for by the legislation
of Azerbaijan Republic;
17.9. to
exercise other rights specified by the present law;
Article 18. Responsibilities of Judges of Constitutional Court
18. Judges of Constitutional Court shall bear the following
responsibilities in their activity:
18.1. to be
governed by the Constitution of Azerbaijan Republic and the present law;
18.2. to
examine cases at Constitutional Court impartially on the basis of Law and
Justice;
18.3. not
to miss any session of Constitutional Court without a good reason;
18.4. to
participate in votes on matters examined by Constitutional Court;
18.5. to
abstain from acts or statements discrediting high status of Judge of
Constitutional Court;
18.6. to
abstain from violation of the requirements envisaged in Article 11.2 of the present
law;
18.7. not
to give openly their opinion on the matters which have been admitted for
examination by Constitutional Court, before adoption of the resolution
on this matter;
Article 19. Equality of Judges of Constitutional Court
19.1. Judges of Constitutional Court shall have equal rights in
resolution of issues connected to jurisdiction of Constitutional Court
19.2. Chairman of Constitutional Court and his/her Deputy shall have all
rights and bear all responsibilities of Judge of Constitutional Court.
Article 20. Appointment and Dismissal of the
Chairman and Deputy Chairman of Constitutional Court
20.1. Chairman and Deputy Chairman
of Constitutional Court shall be appointed out of
composition of judges of Constitutional Court in accordance with Article 109.32
of the Constitution of Azerbaijan Republic.
20.2. 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 21. Chairman of Constitutional Court
21. Chairman of Constitutional Court shall:
21.1. represent
Constitutional Court in its relations with the legislative, executive and judicial bodies,
local self-government bodies, foreign governments and international
organizations as well as legal and physical persons;
21.2. arrange the work of Constitutional Court;
21.3. bring
to discussion by Constitutional Court the matters to be examined at the
sessions of the Plenum;
21.4. convene
sessions of Plenum of Constitutional Court and preside over them;
21.5. determine a range of matters
to be considered by the Deputy Chairman of Constitutional Court;
21.6. determine composition of
Chambers;
21.7. appoint
one or few Reporter Judges out of composition of judges taking into account the
volume and number of cases;
21.8. give
orders concerning the funds allocated from the State budget for the maintenance
and ensuring of the activity of Constitutional Court;
21.9 direct the staff of Constitutional Court;
21.10. appoint
and dismiss employees of Constitutional Court, reward them and resolve issues
concerning their disciplinary penalty;
21.11. fulfill other powers
specified by the legislation of Azerbaijan Republic;
Article 22. Deputy Chairman of Constitutional Court
Deputy Chairman of Constitutional
Court shall resolve issues determined by Chairman of Constitutional Court as
well as shall substitute the Chairman of Constitutional Court in case of
absence of the latter or inability to fulfill his/her duties.
Article 23. Pre-term Termination of Powers of a Judge of Constitutional Court
23.1. Powers of Judge of
Constitutional Court shall be prematurely terminated in the following cases:
23.1.1. death;
23.1.2. submission
of the written statement on voluntary resignation;
23.1.3. the
Judge's renouncing from the nationality of Azerbaijan Republic, adopting the nationality of the
different State or acquiring obligations to another State;
23.1.4. when
there are no justificatory grounds for prematurely termination or where there is
a court decision in force on the Judge's guilt or if the court decision
concerning compulsory medical treatment is passed;
23.1.5. the
court’s decision on incapability or limited capability to fulfill his/her
duties;
23.1.6. the
court’s decision declaring the Judge dead or missing;
23.1.7. revealed
violation of the requirements set forth with regard to candidates for Judges of
Constitutional Court by Article 11 of the present law;
23.1.8. the
groundless non-participation at three sessions of Constitutional Court successively or at ten sessions
within the period of one year;
23.1.9. the
Judge's refusal to vote on matters examined by Constitutional Court;
23.1.10. non-fulfillment of his/her
duties due to disease within a period of not less than 6 months and presence of
the reference of especial medical commission confirming the disease;
23.2. The issue concerning
prematurely termination of powers of judge of Constitutional Court in cases envisaged in Article
23.1.1-23.1.6 of the present law shall be resolved in accordance with Article
109.32 of the Constitution of Azerbaijan Republic
23.3. Constitutional Court shall propose consideration of a
matter on premature termination of powers of judge of Constitutional Court in cases envisaged in Article
23.1.7-23.1.10 of the present law in accordance with Article 109.32 of the
Constitution of Azerbaijan Republic.
Article 24. Retired Judge of Constitutional Court
24.1. In case of termination of
office of Judge of Constitutional Court or in case of his/her resignation due
to reasons envisaged in Articles 23.1.2, 23.1.5 or 23.1.10 of the present law,
he/she shall be considered as retired judge of Constitutional Court.
24.2. No legal proceedings can be
instituted against retired judge of Constitutional Court for his/her activity,
votes, opinions expressed during his/her activity in capacity of judge of
Constitutional Court as well as no testimonies or explanations can be claimed
from him/her in this regard.
CHAPTER IV
PRINCIPLES OF PROCEEDINGS AT
CONSTITUTIONAL COURT
Article 25. Impartiality and Justice
When conducting proceedings at Constitutional Court judges shall consider cases
independently, impartially and justly.
Article 26. Equality of all persons before Constitutional Court
Constitutional justice shall be
implemented on the basis of equality of all persons before law and Constitutional Court.
Article 27. Publicity
27.1. 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.
27.2. Proceedings at Constitutional Court shall be oral. In case of consent
by parties and interested subjects, Plenum of Constitutional Court can hold
written proceedings via procedure provided for by Rules of Procedure of
Constitutional Court.
27.3. 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 28. Legal equality of parties and adversary
28.1. Constitutional proceedings
shall be held on the basis of principles of legal equality of parties and
adversary.
28.2. Constitutional Court is not bound with arguments and proofs
of parties of constitutional proceedings and shall strive for complete
investigation.
Article 29. Language of Constitutional Proceedings
Proceedings at Constitutional Court shall be conducted in 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.
Article 30. Principle of Collegiality
Sessions of Constitutional Court
shall be held collectively.
CHAPTER V
COMMENCEMENT OF PROCEEDINGS AT
CONSTITUTIONAL COURT
Article 31. Reasons for Commencement of Proceedings at Constitutional Court
31.
The following shall be the reasons for commencement of proceedings at Constitutional
Court:
31.1.
Petitions, applications and complaints which meet the requirements provided for
in Articles 32-35 of the present law on the matters envisaged in Articles 104.3
and 130.3-7 of the Constitution of Azerbaijan Republic;
31.2.
Cases provided for by Articles 86, 88.1, 102, 104.2, 107 and 153 of the
Constitution of Azerbaijan Republic;
Article 32. Petitions
32.1. Petition can be submitted to
Constitutional Court by the President of Azerbaijan Republic, Milli Majlis of
Azerbaijan Republic, Cabinet of Ministers of Azerbaijan Republic, Supreme Court
of Azerbaijan Republic, Prosecutor’s Office of Azerbaijan Republic and Ali
Majlis of Nakhichevan Autonomous Republic on the matters provided for by
Article 130.3 and 130.4 of the Constitution of Azerbaijan Republic as well as
by Ombudsman of Azerbaijan Republic on the matters provided for by Article
130.7 of the Constitution of Azerbaijan Republic.
32.2. Petitions by Ombudsman of
Azerbaijan Republic on the matter provided for by Article 130.3.4 of the
Constitution of Azerbaijan Republic can be examined by Constitutional Court in following cases:
32.2.1. If the normative legal act
which should have been applied was not applied by a court;
32.2.2. If normative legal act which
should not have been applied was applied by a court;
32.2.3. If normative legal act was
not properly interpreted by a court;
32.3. Petition envisaged in Article
32.2. of the present law can be submitted within 6
months from the moment of entrance of the relevant court act into legal force.
32.4. Petitions shall be submitted
to Constitutional Court in written form. Petition shall be
signed by the authorized person. If the petition is submitted by a collective
body then it shall be signed by its head.
32.5. Petition shall contain the
following:
32.5.1. Name of Constitutional Court;
32.5.2. Name and address of the
petitioner;
32.5.3. Necessary data on
representative of the petitioner and his/her authorities, except for the cases,
when the representation is implemented ex officio;
32.5.4. Name and address of the state body
or municipality that issued the contested normative legal act, court or
municipal act or participating in the dispute concerning the competences;
32.5.5. Provisions of the Constitution of
Azerbaijan Republic entitling to submit a petition to Constitutional Court and confirming the competences of Constitutional Court to examine this petition;
32.5.6. The exact name, date of
adoption, number, source of publication and other information on the contested
normative legal act, court or municipal act as well as the normative legal act
to be interpreted;
32.5.7. Position of the petitioner
regarding the matter and its legal proves with the reference to the relevant
provisions of the Constitution of Azerbaijan Republic or other normative legal
acts;
32.5.8. Request submitted in
connection with the petition to Constitutional Court;
32.5.9. List of documents enclosed
to petition;
Article 33. Applications
33.1. Applications can be submitted
to Constitutional Court by the Milli Majlis of Azerbaijan Republic on the matters provided for by
Article 104.3 of the Constitution of Azerbaijan Republic and by courts of Azerbaijan Republic on the matters provided for by
Article 130.6 of the Constitution of Azerbaijan Republic.
33.2. Applications shall be
submitted to Constitutional Court in written form. Application shall
be signed by the authorized person. If the application is submitted by a
collective body then it shall be signed by its head.
33.3. Application shall contain as
follows:
33.3.1. Name of Constitutional Court;
33.3.2. Name and address of the
applicant;
33.3.3. Necessary data on
representative of the applicant and his/her authorities, except for the cases
when the representation is implemented ex officio;
33.3.4. Provisions of the Constitution of
Azerbaijan Republic entitling to submit application to Constitutional Court and confirming the competences of Constitutional Court to examine this application;
33.3.5. Request submitted in
connection with application to Constitutional Court;
33.3.6. List of documents enclosed
to application;
33.4. Besides the requirements
envisaged in Articles 33.3.1-33.3.6 of the present law, the following must be
indicated in application as well:
33.4.1. Application of the Milli
Majlis of Azerbaijan Republic concerning complete inability of the President of
Azerbaijan Republic to perform his/her duties for the state of health shall
contain the source of this information;
33.4.2. Application submitted by a
court must contain exact name, date of adoption, number, source of publication
and other information on the normative legal act to be interpreted;
Article 34. Complaints
34.1. Any person who alleges that
his/her rights and freedoms have been violated by the normative legal act of
the Legislative and Executive, act of municipality and courts may submit
complaint to Constitutional Court to resolve matters provided for by Article
130.3.1-7 of the Constitution of Azerbaijan Republic in order to restore
his/her human rights and freedoms.
34.2.Complaints
on the matters provided for by Article 130.3.4 of the Constitution of
Azerbaijan Republic can be examined by Constitutional Court in following cases:
34.2.1. If the normative legal act
which should have been applied was not applied by a court;
34.2.2. If normative legal act which
should not have been applied was applied by a court;
34.2.3. If normative legal act was
not properly interpreted by a court;
34.3. In cases provided for by
Article 34.2 of the present law the examination of facts of the case examined
by the Supreme Court of Azerbaijan Republic shall be inadmissible.
34.4. Complaints can be submitted to
Constitutional Court in following cases:
34.4.1. After exhaustion of all
remedies within six months from the moment of entrance of the decision of the
court of last instance into force;
34.4.2. Within three months from the
moment of violation of complainant’s right to apply to court;
34.5. If the legal protection of
constitutional rights by means of courts of general jurisdiction cannot prevent
the imposing of serious and irreplaceable damage to complainant then
application can be submitted directly to Constitutional Court.
34.6. Complaint must contain the
following:
34.6.1. Name of Constitutional Court;
34.6.2. First, middle and last names
of a person and his/her address;
34.6.3. Necessary data on
representative of the complainant and his/her authorities;
34.6.4. Name and address of the
state body of local self-government authority that adopted the contested
normative legal act, court or municipal act;
34.6.5. Norms of the Constitution of
Azerbaijan Republic and the present law entitling with the right to submit
complaints to Constitutional Court;
34.6.6. The exact name, date of
adoption, number, source of publication and other information on the contested
normative legal act;
34.6.7. Position of the complainant
regarding the matter and its legal proves with the reference to the relevant
provisions of the Constitution of Azerbaijan Republic or other normative legal
acts;
34.6.8. Request submitted in
connection with complaint to Constitutional Court;
34.6.9. List of documents enclosed
to complaint;
34.7. The following must be proved
within complaint:
34.7.1. Violation of the rights and
freedoms of complainant by the contested normative legal act, court or
municipal act;
34.7.2. Exhaustion of all judicial
remedies for challenging of the court act, violation of the right to apply to
court or impossibility to prevent the imposing of serious and irreplaceable
damage to a complainant by means of other courts;
Article 35. Documents to be Enclosed
to Petition, Application or Complaint
35.1. The following documents shall be
enclosed to petition, application or complaint submitted to Constitutional Court:
35.1.1. Explanations and documents
which by opinion of petitioner, complainant or applicant are necessary for
clarification of details of the case;
35.1.2. 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;
35.1.3. Copy of the contested
normative legal act, act of court or municipality as well as copy of the
normative legal act to be interpreted;
35.1.4. Translation of all documents
into Azeri language submitted in other language;
35.2. Documents which certify that the
collective body, that submitted the application or petition, had a quorum at
its session and that tese documents were adopted by required majority of votes
should also be enclosed to the submitted application or petition.
35.3. Documents certifying the
exhaustion of all judicial remedies for complaint and or violation of the right
to apply to court should also be enclosed to complaint.
Article
36. Study of
petitions, applications or complaints
36.1. The
preliminary study of submitted complaints as to their conformity with
requirements provided for in Article 34.6 of the Law shall be implemented by
the Staff of the Constitutional Court via the procedure specified in the Rules
of Procedure of Constitutional Court.
36.2. In connection with petitions
and applications submitted to Constitutional Court as well as in accordance with
Article 36.1 one or several Reporter Judges shall be appointed for preparation
of session on preliminary study of complaints.
36.3. Reporter Judge shall carry out
the following measures:
36.3.1. collect
the documents and materials which are necessary for examination of a matter by Constitutional Court;
36.3.2. require the state and
self-government bodies’ documents, materials and cases which relevant to the
matter;
36.3.3. submit
the petition or complaint to parties, or other type of document to the
interested subjects and get their written opinion on the matter concerned;
36.3.4. organize
the summon of witnesses, experts or other persons for session;
36.3.5. realize other necessary
measures for examination of matter;
36.3.6. prepare the report on the
matter concerned;
36.4. In connection with the case to
be examined by Constitutional Court the Reporter Judge can give a task
to the Staff of Constitutional Court.
36.5. In connection with preparation
of session the Reporter Judge shall carry out all measures on behalf of Constitutional Court.
Article 37. Rejection to admit a petition,
application or complaint for examination
37. Petition, application or
complaint shall be rejected for examination by Constitutional Court in following circumstances:
37.1. if
the drawing up of a petition, application or complaint does not meet the
requirements of the present Law;
37.2. if
the matter does not fall within the jurisdiction of Constitutional Court;
37.3. if a
petition, application or complaint was submitted by a body or person who has
not such right;
37.4. if
the collective body, which adopted the decision to submit the petition or
complain to Constitutional Court had no quorum and necessary
majority of votes at its session;
37.5. if
the documents certifying the exhaustion of the right to challenge the judicial
act or violation of the right to apply to court have not been submitted;
37.6. if
the Constitutional Court had already adopted a resolution on
the matter concerned.
Article 38. Withdrawal of Petitions, Applications and Complaints
In case of
withdrawal of petition, application and complaint till its admission for
examination of Constitutional
Court the same petition, application and complaint
shall not be examined by Constitutional
Court.
Article 39. Drawing up of constitutional case
39.1. Upon completion of preparation to
the session of Constitutional Court there shall be drawn up the
constitutional case that shall include as follows:
39.1.1. petition,
application or complaint which served as a ground for commencement of
constitutional case;
39.1.1. materials
enclosed to a petition, application or complaint;
39.1.3. materials
enclosed to the constitutional case by a Reporter Judge;
39.1.4. a
conclusion of expert on constitutional case;
39.1.5. additional
materials enclosed by parties or interested subjects;
39.1.6. other
documents related to the constitutional case;
39.1.7. report
of Reporter Judge;
39.2. Once the constitutional case has
been drawn up the Judges of Constitutional Court can get acquainted with it.
CHAPTER 6
CONSTITUTIONAL PROCEEDINGS
Article 40. The modes and types of proceedings implemented by Constitutional Court
40.1. The proceedings at Constitutional Court shall be carried out in following
ways:
40.1.1. the
constitutional proceedings;
40.1.2. the
constitutional special proceedings;
40.2. The constitutional proceedings
on the cases examined by Constitutional Court shall be held in following forms:
40.2.1. the 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;
40.2.2. the
proceedings on cases related to the petitions on distribution of powers among
Legislature, Executive and Judiciary;
40.3. the
special constitutional proceedings on the cases examined by Constitutional Court shall be held in following types:
40.3.1. the
proceedings on cases related to verification and confirmation of the results of
elections of the Deputies of the Milli Majlis of Azerbaijan Republic;
40.3.2. the
proceedings on cases concerning fixing the date of the first session of a newly
elected Milli Majlis of Azerbaijan Republic;
40.3.3. the proceedings
on cases related to official declaration of elections of the President of
Azerbaijan Republic;
40.3.4. the
proceedings on cases related to consideration of resignation of the President
of Azerbaijan Republic;
40.3.5. the
proceedings on cases related to petitions of the Milli Mejlis of Azerbaijan Republic held with the view to ascertain the
information regarding the complete inability of the President of Azerbaijan
Republic to perform his/her duties due to the state of health;
40.3.6. the
proceedings on cases related to consideration of the matter on impeachment of
the President of Azerbaijan Republic;
40.3.7. the
proceedings on cases related to petitions and complaints concerning
interpretation of the Constitution and laws of Azerbaijan Republic;
40.3.8. the
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 41. Parties to the
constitutional proceedings
41.1. Petitioners
and Respondents shall be the parties to constitutional proceedings.41.2.
The subjects indicated in Articles 130.3 and 130.7 of the Constitution of
Azerbaijan Republic shall be the petitioners at the constitutional proceedings.
41.3.
Persons indicated in Articles 130.3 and 130.7 of the
Constitution of Azerbaijan Republic shall be named as “applicant” party to
constitutional proceedings.
41.4.
The
following subjects may be respondents at the constitutional proceedings:
41.4.1. State or local self-government body
that has adopted the contested normative-legal, judicial or municipal act;
41.4.2. Official who has signed the
contested interstate or intergovernmental agreement of Azerbaijan Republic which has not come into force;
41.4.3. State body which is alleged to have
infringed the separation of powers between legislative, executive and judicial
organs.
41.5.
In the constitutional proceedings the petitioners
(applicants) and respondents can be represented by their legal representatives.
Article 42. Interested
Subjects at the Constitutional Special Proceedings.
42.1. The interested
subjects of the constitutional special proceedings shall be the bodies which
submitted a petition or complaint to Constitutional Court or bodies and persons
whose interests are affected by such petitions or complaints in cases provided
for by Articles 86, 88.1, 102, 104.2 and 104.3, 107, 130.4 and 130.6 and 153 of
the Constitution of Azerbaijan Republic.
42.2. The
interested subjects may be represented by their legal representatives in
constitutional special proceedings.
Article 43.
Rights and Liabilities of Parties and Interested Subjects
43.1. Parties and
interested subjects shall have the following rights;
43.1.1. to
participate and speak at the sessions of Constitutional Court;
43.1.2. to
present the evidences and other materials;
43.1.3. to give
solicitation and proposals on examination of case;
43.1.4. to answer
the given questions;
43.1.5. to estop
the judges;
43.1.6. to ask
for invitation of witnesses and experts;
43.1.7. to get
acquainted with the minutes of the session of Constitutional Court and make
references on it;
43.1.8. to
present the final statement.
43.2. Besides
those, which are indicated in Article 43.1 the parties shall have the following
rights:
43.2.1. to get
acquainted with the materials of constitutional case, take extracts from them
and make copies.
43.2.2. to
participate in investigation of evidences;
43.2.3. to answer
the questions posed to them;
43.2.4. to object
to solicitations, evidences and speeches stated by other parties.
43.3. The parties
and interested subjects shall respect the Constitutional Court and comply with
the requirements of constitutional proceedings. The parties and interested
subjects must appear before Constitutional Court in due time, observe the order
adopted by the Rules of Procedure of Constitutional Court and comply
immediately with the orders of the Judge presiding over the session of
Constitutional Court.
Article 44.
The witness
44.1. A person
possessing any information regarding the constitutional case examined at the
session of Constitutional Court shall be named as 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, applicant or subject concerned or
resolution of Constitutional Court.
44.2. A witness
shall present testimonies concerning the facts known to him/her which are to be
ascertained within the constitutional case.
44.3. A witness shall respect the Constitutional Court and observe the
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.
44.4 For the
wittingly false testimonies or deviation from testimonies a witness shall be brought
to responsibility provided for by the legislation of Azerbaijan Republic.
Article 45.
Expert
45.1. Persons possessing the 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 initiative of the Constitutional
Court or request of the parties or interested subjects. Expert shall present
the written opinion on the case.
45.2. 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 solicitation to get acquainted with all the
materials of constitutional case and any other necessary documents. In case if
expert considers that the presented materials are not sufficient to answer the
questions posed or unable to answer them because of their insufficient
knowledge, then he/she must inform of it the 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.
45.3. Experts must respect the 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.
45.4. For the wittingly false opinion expert shall be brought to
responsibility provided for by the legislation of Azerbaijan Republic.
Article 46. Estoppel to judge
and self-estoppel
46.1. The judge of the Constitutional Court cannot participate in
examination of cases or can be estopped in following cases:
46.1.1. if he/she before participated in adoption of resolution by
virtue of the duty post occupied.
46.1.2. if he/she is one of the parties or close relative of one of the
parties or his/her representative.
46.2. The estoppel should be grounded.
46.3. In case of estoppel on grounds provided for by Article 46.1. of
the present Law or self-estoppel of judge the Court shall study the opinion of
estopped judge and other party, and studying this matter it shall adopt the
resolution without participation of estopped or self-estopped judge.
Article 47. Postponement of a session
47.1. Court session may be postponed
in following cases:
47.1.1. if
additional study of the matter is required;
47.1.2. if
new evidences should be considered;
47.1.3. in case of absence of
quorum;
47.1.4. in
other cases, which impede to the complete study of the matter concerned;
47.2. In cases provided for by Article 47.1 the 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 48. Resumption of examination of a case
48.1. If after concluding statements
of parties, the Constitutional Court considers 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.
48.2. 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 49. Termination of the proceedings on a
case
The Plenum of the Constitutional
Court shall terminate the proceedings on a case if any grounds to reject the
admission of a petition, application or complaint are discovered during the
session or petition, application or complaint are recalled.
Article 50. Court costs at the Constitutional Court.
50.1. Proceedings of Constitutional Court shall be free of charge
50.2. The costs for proceedings of Constitutional Court on a case shall be reimbursed by
the State budget.
Article 51. Minutes of court session
51.1. The minutes of the session of Constitutional Court shall be kept by the clerk of the
court session. Minutes of court session are enclosed to materials of the
constitutional case.
51.2. Constitutional Court shall examine within a period of 10
days the comments concerning the minutes of Constitutional Court and adopt a well-grounded
resolution as to enclosure or rejection of the comments to the minutes.
CHAPTER 7
SPECIFIC FEATURES OF CONSTITUTIONAL PROCEEDINGS
ON VARIOUS TYPES OF CONSTITUTIONAL CASES
Article 52. Features of examination of petitions and complaints connected with the
matters specified in Articles 130.3.1-7, 130.5 and 130.7 of the Constitution of
Azerbaijan Republic
52.1. As a
rule the petition or complaint connected with the matters provided for by
Articles 130.3.1-7, 130.5 and 130.7 shall be brought to session of the Panel of
Constitutional Court within 30 days, and there shall be adopted a ruling as to
admissibility or rejection of petition or complaint.
52.2. The ruling
on admissibility or rejection of a petition or complaint shall be sent to
petitioner (applicant) within 7 days after its adoption.
52.3. As a rule, the examination on the merits of a petition or
complaint by Constitutional Court shall be commenced within 60 days after
admission for examination.
52.4. Before adoption of the resolution on merits in order to prevent
the serious and irreparable damage the Plenum of Constitutional Court may adopt
resolution to suspend the implementation of contested normative legal act or
municipal act and may propose to parties the friendly settlement of dispute.
Article 53. Features of consideration of
petitions on disputes concerning separation of powers among bodies of
legislature, executive and judiciary
53.1. The matter concerning with a petition on the disputes concerning
the separation of powers among Legislature, Executive and Judiciary shall be
brought to sessions of the Panels of Constitutional Court within 15 days and
ruling on admissibility or rejection for examination shall be adopted.
53.2. The ruling on admissibility or rejection for examination of a
petition shall be sent on the day of its adoption to the body or official who
submitted a petition.
53.3. The examination of a petition on the merits by Constitutional
Court shall be commenced within 30 days after its admission for proceedings.
Article 54. Features on verification and
confirmation of the results of the elections to the Milli Majlis of Azerbaijan Republic
54.1. According to Article 86 of the
Constitution of Azerbaijan Republic, the Constitutional Court shall verify and confirm the
accuracy of the results of elections of deputies to the Milli Majlis of Azerbaijan Republic. The procedure of verification and
confirmation of accuracy of the results of elections of deputies to the Milli
Majlis shall be determined by the Electoral Code of Azerbaijan Republic.
54.2. Session of the Plenum of Constitutional
Court on verification of the accuracy of the results of elections of deputies
to the Milli Majlis shall be commenced within 10 days from the day of receipt
of materials.
54.3. Session of the Plenum of
Constitutional Court on verification of the accuracy of the repeated results of
elections of deputies to the Milli Majlis shall be commenced within 7 days from
the day of receipt of materials
54.4. The Constitutional Court shall
require rights from Supreme Court or Court of Appeal of Azerbaijan Republic the information on examined
petitions concerning he protection of electoral.
54.5. Chairman and members of the
Central Election Commission as well as other persons invited by Constitutional Court may participate at the session of
the Plenum of Constitutional Court held with the view to verify the accuracy of
the results of elections of the Deputies to the Milli Majlis of Azerbaijan Republic.
54.6. Following the results of
verification, the Plenum of Constitutional Court may by a majority of not less
than 5 Judges adopt a resolution on complete confirmation, partial confirmation
or non-confirmation of the results of the elections of deputies to the Milli
Majlis of Azerbaijan Republic.
Article 55. Features of
fixing the date of the first session of the newly elected Milli Majlis of Azerbaijan Republic.
55.1. 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 Majlis of Azerbaijan Republic
in case if powers of the 83 deputies have not been confirmed by the 10th
March after elections.
55.2. If the Plenum of
Constitutional Court confirms the election of the 83 deputies of the Milli
Mejlis of Azerbaijan Republic after 10th March then
the date of the first session of the newly elected Milli Majlis shall be fixed
at the same session of Constitutional Court.
55.3. Resolution on this matter
shall be adopted by a majority of not less than 5 Judges of the Plenum of
Constitutional Court.
Article 56. Features of proceedings on official
declaration of the results of the elections of the President of Azerbaijan
Republic
56.1. The matter on results of
elections of the President of Azerbaijan Republic shall be examined at the
Plenum of Constitutional Court.
56.2. The Plenum of Constitutional
Court shall study the documents on the results of elections of the President of
Azerbaijan Republic presented by the Central Election Commission and shall
require from Supreme Court or Court of Appeal of Azerbaijan Republic information
on examined petitions concerning the protection of electoral rights.
56.3. In case of establishment of
conformity of documents of Central Election Commission with requirements of
Electoral Code the Plenum of Constitutional Court shall adopt resolution on
confirmation of results of election of the President of Azerbaijan Republic.
56.4. Once the cases provided for by
Electoral Code are established the Plenum of Constitutional Court shall adopt
the resolution on recognition of the results of elections as a null and void.
56.5. Resolutions specified by
Articles 56.3 and 56.4 of the present Law shall be adopted by a majority of not
less than 5 Judges of the Plenum of Constitutional Court.
56.6. The Constitutional Court shall
officially declare the information on results of elections of the President of
Azerbaijan Republic within 14 days from the day of voting.
Article 57. Features of
consideration of application of the President of Azerbaijan Republic on retirement.
57.1. In case specified by Article
104.2 of the Constitution of Azerbaijan Republic, the President of Azerbaijan
Republic shall submit application to Constitutional Court.
57.2. Constitutional Court shall not be enabled to reject the
consideration of written and signed application of the President of Azerbaijan
Republic on retirement.
57.3. The application of the
President of Azerbaijan Republic on retirement shall be examined on the merits
by the Plenum of Constitutional Court within 3 days after its receipt.
57.4. In case if the Plenum of Constitutional
Court is confident in voluntary character of the application of the President
of Azerbaijan Republic it shall adopt a resolution concerning the acceptance of
retirement of the President of Azerbaijan Republic.
57.5. In case if the Plenum of Constitutional
Court is not convinced that the application on retirement of the President of
Azerbaijan Republic was submitted voluntarily, the resolution on non-acceptance
of retirement of the President of Azerbaijan Republic shall be adopted.
57.6. Resolutions specified by
Articles 57.4 and 57.5 of the present Law shall be adopted by the Plenum of
Constitutional Court by the majority of not less than 5 Judges.
57.7. The resolution specified by
Article 57.4 of the present Law shall be immediately sent to the Prime-Minister
of Azerbaijan Republic. The resolution specified by
Article 57.5 of the present Law shall be immediately sent to the Milli Majlis
of Azerbaijan Republic.
Article 58. Features of consideration of
petition submitted by the Milli Majlis of Azerbaijan Republic as to ascertainment of information
concerning complete inability of the President of Azerbaijan Republic to fulfill his/her duties due to
the state of health
58.1. In case specified by Article
104.3 of the Constitution of Azerbaijan Republic the petition submitted by the
Milli Majlis of Azerbaijan Republic shall be brought for examination at the
session of the Plenum of Constitutional Court within 3 days after its receipt,
and the ruling concerning admissibility or rejection for examination shall be
adopted by the majority of not less than 5 Judges and be sent to the President
of Azerbaijan Republic and the Milli Majlis of Azerbaijan Republic on the day
of its adoption.
58.2. Examination of petition on the
merits by the Plenum of Constitutional Court shall be commenced within 7 days
from the day of its admission for proceedings.
58.3. Resolution 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.
58.4. 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 59. Features of
consideration of the matter on impeachment of the President of Azerbaijan Republic.
59.1. According to Article 107.1 of
the Constitution of Azerbaijan Republic, in case if the President commits the
grave crime the Constitutional Court may bring an initiative to dismiss
the President of Azerbaijan Republic from office.
59.2. 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 submitted the session of the Plenum of Constitutional
Court shall be called to examine this matter. If Constitutional Court finds this proposal groundless, the
majority of 5 Judges shall adopt a resolution about that.
59.3. If the proposal is found
well-grounded, the Plenum of Constitutional Court shall submit a matter to the Supreme Court of Azerbaijan Republic in order to receive an opinion as
to whether the President of Azerbaijan Republic has committed the grave crime.
Resolution 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.
59.4. 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.
59.5. Taking into consideration the
opinion of the Supreme Court of Azerbaijan Republic, the Plenum of
Constitutional Court by majority of 7 Judges can adopt a resolution 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
resolution shall be immediately sent to the Milli Majlis of Azerbaijan Republic.
59.6. If the Milli Majlis 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 and petition on the base of this resolution shall be immediately
sent to Constitutional Court. Having received the resolution of
the Milli Majlis 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 resolution of Constitutional Court supporting the resolution of the
Milli Majlis of Azerbaijan Republic shall be adopted by majority of not
less than 7 Judges. According to Article 107.2 of the Constitution of
Azerbaijan Republic the resolution of the Milli Majlis of Azerbaijan Republic on impeachment of the President of
Azerbaijan Republic shall be signed by the Chairman of Constitutional Court.
59.7. If the Plenum of
Constitutional Court does not adopt resolution supporting the resolution of the
Milli Majlis 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 60. Features of
consideration of a petition or application concerning interpretation of the
Constitution and laws of Azerbaijan Republic.
60.1. After a petition or
application on interpretation of the Constitution and laws of Azerbaijan
Republic has been submitted to Constitutional Court, the Panel of
Constitutional Court shall within 15 days consider it at the session and adopt
a ruling as to admissibility or rejection of petition or application for
examination.
60.2. The ruling on admissibility or
rejection for examination of petition or application shall be sent within 7
days from the date of its adoption to a body or official who submitted the
petition.
60.3. The examination of petition or
application on merits by the Plenum of Constitutional Court shall be commenced
within 60 days after its admission for examination.
Article 61. Features of
consideration of a matter concerning the opinion 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 Majlis or the
President of Azerbaijan Republic
61.1. 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 Majlis or the President of Azerbaijan Republic, the opinion
of Constitutional Court on the proposed modifications shall be required.
61.2. The Constitutional Court
cannot reject in giving opinion with
regard to proposals on introduction of modifications to the text of the
constitution of Azerbaijan Republic set forth
by the Milli Majlis or the President of Azerbaijan Republic
61.3. The Plenum of 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.
61.4. Constitutional Court shall adopt a well-grounded opinion
as to conformity or non-conformity of the proposed modifications to the
requirements of the Constitution of Azerbaijan Republic.
61.5. 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 VIII
ACTS OF CONSTITUTIONAL COURT
Article 62. Acts of Constitutional Court
62.1. The rulings shall be adopted
at the sessions of the Chambers of Constitutional Court and the resolutions and
rulings shall be adopted at the sessions of the Plenum of Constitutional Court
62.2. Acts of Constitutional Court shall be adopted at judges’
deliberation room
Article 63. Resolution of Plenum of Constitutional Court
63.1. Resolution of the Plenum of
Constitutional Court shall be the written document adopted at the sessions of
Plenum of Constitutional Court and containing the conclusions of Constitutional Court obtained as a result of examination
of the constitutional case on merits.
63.2. Resolution of the Plenum of
Constitutional Court shall be adopted by the majority of 5 judges if otherwise
is not provided for by the Constitution of Azerbaijan Republic and present law.
63.3. Resolution of the Plenum of
Constitutional Court shall be adopted on behalf of Azerbaijan Republic.
63.4.
Resolution of the Plenum of Constitutional Court shall be final and cannot be
cancelled, modified or officially interpreted by any body or official.
63.5.
Resolution of the Plenum of Constitutional Court shall be signed by a Judge
presiding over the session of the plenum, at which that resolution was adopted
and as a rule shall be declared within 15 days at the session of Constitutional Court.
Article 64. Dissenting Opinion of the Judge of Constitutional Court
64.1. Judge of Constitutional Court who disagrees with descriptive-declaration
or conclusive parts of the
resolution of Constitutional Court may express the dissenting opinion
in written form.
64.2. The dissenting opinion of a
Judge shall be published along with the resolution of Constitutional Court.
Article 65.
The Content of Resolution of Plenum of Constitutional Court
65.1. Resolution of the Plenum of
Constitutional Court shall consist of introductory,
descriptive-declaratory and conclusive parts
65.2. Introductory part
of resolution of the Plenum of Constitutional Court shall contain as follows:
65.2.1. Name of resolution
65.2.2. Date and place of adoption
of resolution
65.2.3. Composition of judges of Constitutional Court, registrar of court session,
parties, interested subjects and other persons who participate at the session
65.2.4. Type of constitutional
proceedings and reasons for commencement of the proceedings
65.3. Descriptive-declaratory
part of resolution of the Plenum of Constitutional Court shall contain as
follows:
65.3.1. Short description of
petition, application or complaint and request addressed to Constitutional Court
65.3.2. Information concerning the
materials of constitutional case
65.3.3. The aspects established
during examination of constitutional case
65.3.4. Provisions of the
Constitution of Azerbaijan Republic and other laws of Azerbaijan Republic which were guided by at adoption of
resolution
65.3.5. Arguments which motivated
the conclusions of Constitutional Court concerning a case
65.4. Conclusive part of resolution
of the Plenum of Constitutional Court shall consist of as follows:
65.4.1. Conclusion of Constitutional Court concerning constitutional case
65.4.2. Time for publication and entrance
into force of resolution.
Article 66. Legal Force of Resolutions of Constitutional Court
66.1. According to Article 130.9 of
the Constitution of Azerbaijan Republic, the resolutions of Constitutional Court shall have binding force through
out the territory of Azerbaijan Republic.
66.2. Resolutions of Constitutional Court shall be binding after their
adoption. Officials who do not comply with resolutions of Constitutional Court shall bear the responsibility
according to procedure specified by the legislation of Azerbaijan Republic.
66.3. According to Article 130.10 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
66.4. Court acts recognized as not
conforming to the Constitution and laws of Azerbaijan Republic shall not be executed as well as
relevant judicial cases shall be re-examined in accordance with procedure
specified by procedural legislation of Azerbaijan Republic
66.5. If provision of the
Constitution of Azerbaijan Republic which had been guided by at adoption of
resolution by Constitutional Court is changed as a result of
referendum then this resolution of Constitutional Court shall partially or completely lose
its legal force.
Article 67. Terms of Entry Into Force of Resolutions of Constitutional Court
67. Resolutions of Constitutional Court shall enter into legal force at the
following periods of time:
67.1 Resolution adopted on the
matters specified by Articles 130.3.1-7, 130.5 and 130.7 of the Constitution of
Azerbaijan Republic shall enter into force from the date specified in the
resolution itself
67.2 Resolution on 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
67.3 Resolution on other matters
within the jurisdiction of Constitutional Court shall enter into force from the
date of its announcement
Article 68. Rulings of Constitutional Court
68.1. Rulings shall be adopted by
Chambers of Constitutional Court in order to admit petitions, applications and
complaints for examination and by Plenum of Constitutional Court in order to
resolve matters arising during sessions of Constitutional Court as well as in other cases specified
by present law.
68.2. Rulings of the Plenum of
Constitutional Court shall be adopted by a majority of 5 judges and rulings of
Chambers of Constitutional Court shall be adopted by a majority of votes of
judges
68.3. Rulings of Constitutional Court adopted during examination of
constitutional case shall be entered into the Minutes of sessions of Constitutional Court
68.4. Resolutions of the Plenum and
Chambers of Constitutional Court shall be signed by the presiding judge and
shall be announced within 5 days at sessions of Constitutional Court.
Article 69. Publication of Acts of Constitutional Court
69.1. Resolutions of Plenum of
Constitutional Court shall be published in official newspaper of Azerbaijan Republic.
69.2. Resolutions of Plenum of
Constitutional Court and rulings which publication is considered by
Constitutional Court as necessary as well as other materials connected with the
activity of Constitutional Court shall be published in
"Азярбайжан
Республикасы
Конститусийа
Мящкямясинин
Мялуматы" (Newsletter of
Constitutional Court).
CHAPTER IX
ORGANIZATION AND MAINTENANCE OF THE ACTIVITIY
OF CONSTITUTIONAL COURT
Article 70. Financing of Activity of Constitutional Court
70.1. 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.
70.2. 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.
70.3. 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 71. Post salary of Judges of Constitutional Court
71.1. The post salary of judge of
Constitutional Court shall consist of wages, additions to wages determined by
the relevant body of the Executive, other cash benefits and monthly tax free
material guarantees equal to the sum received by the Deputy of the Milli Majlis
of Azerbaijan Republic to cover expenses connected with implementation of
powers of judge of Constitutional Court.
71.2. Chairman of Constitutional Court shall receive monthly wages equal
to monthly wages of Chairman of the Milli Majlis of Azerbaijan Republic.
71.3. Deputy Chairman of Constitutional Court shall receive monthly wages equal
to monthly wages of the first Deputy Chairman of the Milli Majlis of Azerbaijan Republic.
71.4. Judge of Constitutional Court shall receive monthly wages equal
to monthly wages of Deputy Chairman of the Milli Majlis of Azerbaijan Republic.
Article 72. Vacation of the Judges of Constitutional Court
72.1. Judge of Constitutional Court shall be annually granted a
vacation for a period of 40 calendar days.
72.2. Judges of Constitutional Court shall be paid cash benefits from
the state budget at the rate of the two-months wages
for the period of vacation.
72.3. Vacation for Judge of
Constitutional Court shall be given by the Chairman of Constitutional Court.
Article 73. Other Guarantees for the Judges of Constitutional Court
73.1. Judge of Constitutional Court shall be free from the military
call-up and musters.
73.2. 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 wages.
73.3. 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.
73.4. When necessary the security
for judges of Constitutional Court shall be provided via the same
procedure of legislation of Azerbaijan Republic as for other judges.
73.5. Judge of Constitutional Court who has no dwelling in Baku city shall be provided with an
apartment.
73.6. Judges of Constitutional Court shall be paid cash benefits at the
rate of two-months wages for the medical treatment via
procedure provided for by the relevant body of the Executive.
73.7. The retired judge of Constitutional Court who reached the pension age shall
be paid the monthly pension at the rate of 80 % of monthly wages of the functioning
judge of Constitutional Court. And any increasing of [functioning
judge’s] wages shall also cover the wages of retired judge.
73.8. The retired judge of Constitutional Court who had not reached the pension age
shall be paid monthly cash benefits from the state budget within two years at
the rate of 80 % of monthly wages of the functioning judge of Constitutional Court until he/she gets employed.
Article 74. Staff of Constitutional Court
74.1. Legal, organizational and
informational maintenance of the activity of Constitutional Court shall be provided for by the staff
of Constitutional Court
74.2. Staff of Constitutional Court shall act according to the Statute
on the Staff of Constitutional Court to be approved by the Chairman of
Constitutional Court.
74.3. The structure as well as the
list of employees provided for within the framework of the costs allocated from
the state budget for the maintenance of the activity of Constitutional Court, as the estimate of costs and
salaries of employees shall be determined by the Chairman of Constitutional
Court.
Article 75. Responsibilities of the Staff of Constitutional Court
75. The staff of Constitutional Court shall:
75.1. Ensure the activities of Constitutional Court and its judges
75.2. Prepare the reference papers
and other informational materials necessary for the activities of Constitutional Court
75.3. Provide Constitutional Court with Clerks of court sessions
75.4. Conduct the clerical work of Constitutional Court
75.5. Organize the receipt of citizens
75.6. Preliminarily study via
specified procedure the complaints submitted to Constitutional Court
75.7. Ensure the registration and
storage of documents of Constitutional Court
75.8. Fulfill various instructions
of the Chairman, Deputy Chairman and Judges of Constitutional Court connected
with activities of Constitutional Court
75.9. Fulfill other duties arising
in connection with activities of Constitutional Court
Article 76. Logistics of Constitutional Court
76.1. Material and technical
support, logistics and financial support for activity of Constitutional Court shall be provided for by the
Logistics of Constitutional Court
76.2. Logistics of Constitutional Court shall act according to the Statute
on Logistics of Constitutional Court to be approved by the Chairman of
Constitutional Court
Article 77. Rights and Responsibilities of
Employees of Staff and Logistics of Constitutional Court
77.1. Employees of Staff and
Logistics of Constitutional Court shall be recruited and dismissed by the
Chairman of Constitutional Court
77.2. Rights, responsibilities and
liabilities of the employees of Staff and Logistics of Constitutional Court
shall be regulated by the state service legislation of Azerbaijan Republic, Statute on Staff of Constitutional
Court and Statute on Logistics of Constitutional Court respectively
Article 78. Entry Into Force of the Present Law
The present Law shall enter into
legal force from the date of its publication
Article
79. Concluding
Provisions
79.1. Article 14 of the present law
shall apply to judges appointed after the entrance of the present law into
legal force. The term of office of judges of Constitutional Court appointed before entrance of the
present law into legal force shall be 10 years according to the law “On Constitutional
Court” of 21 October 1997, which was in force before this
one.
79.2. Judges of Constitutional Court appointed before entrance of the
present law into legal force can be re-appointed according to provisions of the
present law.
79.3. To consider as null and void
the Law of Azerbaijan Republic “On Constitutional Court” of 21 October 1997
(Collection of Legislation of Azerbaijan Republic, 1998, N1, Article 19; 2001,
N5, Article 292; 2002, N1 Article 4; N8, Article 463; N12, Article 701) from
the day of entrance of the present law into legal force.
