Judicial power of Azerbaijan

In the Republic of Azerbaijan, district (city) courts, military courts of local jurisdiction, local administrative-economic and grave crime courts act as the courts of first instance. ^[2] Under the new judicial system, courts of appeal operate in six regions of the country. ^[2] The Courts of Appeal are composed of 4 colleges - civil, criminal, military and administrative councils operating in the relevant jurisdiction. ^[2]

State power in the Republic of Azerbaijan is formed on the principle of separation of powers. ^[2] Legislative power is exercised by the Parliament (Milli Majlis) of the Republic of Azerbaijan, executive power is vested in the President of the Republic of Azerbaijan, and judicial power is vested in the courts. Judicial power is exercised by the courts. The Constitutional Court, Supreme Court, courts of appeal, general courts and other specialized courts share the judicial power in accordance with their mandate arising from the Constitution of the Republic of Azerbaijan. Judicial power is exercised through constitutional, civil and criminal proceedings and other forms prescribed by law. The prosecutor 's office of the Republic of Azerbaijan and the defense participate in criminal proceedings. ^[2]

Constitutional Court

The Constitutional Court consists of 9 judges appointed by the Parliament of the Republic of Azerbaijan on the recommendation. A citizen of Azerbaijan who has the right to vote, a law degree and at least 5 years of experience in the field of law can be a judge of all courts, including the Constitutional Court. Judges are elected for fifteen years. Judges expire when they reach the age of 70. ^{[3] A} judge who has reached the age of 70 continues to hold office until replacement. Judges of the Constitutional Court are independent and act only in accordance with the Constitution and laws of the Republic of Azerbaijan. In addition, judges of the Constitutional Court enjoy immunity. ^[four]

The main objectives of the Constitutional Court are to recognize the supremacy of the Constitution and protect the rights and freedoms of all people. Anyone who claims to be a victim of a violation of his (her) rights or freedoms by decision of the legislative, executive and judicial authorities or one of the municipal acts may appeal to the Constitutional Court of the Republic of Azerbaijan in order to restore his (her) violations of human rights and freedoms. Decisions of the Constitutional Court are binding on the territory of Azerbaijan. ^[3]

Supreme Court

The Supreme Court is the court of higher jurisdiction (final appeal) in civil (including administrative and economic disputes), criminal, administrative offenses and other cases previously considered by courts of general and specialized nature. The Supreme Court is located in Baku and its jurisdiction extends to the entire territory country. Once issued, all decisions of the Court are electronically distributed within one month. The number of judges of the Supreme Court is determined by the Judicial Legal Council. Parliament elects judges on the recommendation of the president. ^[5] Judges of all courts, including the Supreme Court, are independent and act only in accordance with the Constitution and laws of the Republic of Azerbaijan. In addition, judges of the Supreme Court have the right to inviolability. The Advisory Research Council at the Court functions to properly enforce legislation, improve legislation, and prepare scientific proposals. The court has the right to submit draft laws or resolutions submitted to parliament. ^[2]

Courts of Appeal

The Court of Appeal is the highest court in civil, administrative and economic disputes, criminal cases and administrative violations. The Court of Appeal consists of a Plenary Council, a civil commission, an administrative-economic group, a criminal group, and a military group. At meetings of the Court of Appeal, collegiums of judges were created to consider cases. The Court of Appeal consists of the chairman of the court, vice president, chairmen of councils and judges of the chambers. The number of judges of the Court of Appeal is determined by the Judicial Legal Council. ^{[5] The} plenary session of the Court of Appeal consists of the President of the Court, the Vice-President and the Presidents of the Chambers. Members of the Plenary Session of the Court have equal rights within their competence. There are five courts of appeal in Azerbaijan: ^[5]

• Baku Court of Appeal

• Ganja Court of Appeal

• Sumgayit Court of Appeal

• Shirvan Court of Appeal

• Sheki Court of Appeal

District Courts

As a court of first instance, district (city) courts consider civil, criminal, administrative and other disputes within their jurisdiction, as determined by law. Courts are composed of the President of the Court and judges. ^{[5] A} Vice-President shall be appointed if the number of judges exceeds 11. A judge of the Court shall be ex officio considered the President of the Court if the court has only one judge. The number of judges is determined by the Judicial Legal Council. ^[five]

Serious Crimes Courts

The courts of grave crimes in the court of first instance are engaged in serious and especially grave crimes defined in the Criminal Code of the Republic of Azerbaijan. The Serious Crimes Court consists of the President and judges. The Deputy President of the Court is appointed if the number of judges exceeds 11. The number of judges and other organizational issues are determined by the Judicial Legal Council in accordance with the Constitution of the Republic of Azerbaijan. There are five grave crimes courts in Azerbaijan:

• Serious Crimes Court of Nakhchivan Autonomous Republic

• Baku Serious Crimes Court

• Ganja Serious Crimes Court

• Sheki Serious Crimes Court

• Lankaran Serious Crimes Court

Military Courts

The military court, as the court of first instance, deals with crimes against military service and crimes committed by the military. The military court consists of the President and judges. The Vice-President of the Court shall be appointed if the number of judges is 12 or more. As a rule, judges and jurisdiction are determined by the Judicial Council for Legal Affairs. The following military courts exist in Azerbaijan:

• Military court of the Nakhchivan Autonomous Republic

• Baku Military Court

• Ganja Military Court

• Lankaran Military Court

• Fizuli Gubadli Military Court

• Tartar Military Court

• Agdam Military Court

• Gazakh military court

• Sumgait Military Court

Administrative Courts

Administrative-economic court is created in administratively divided territorial zones or in free trade zones of Azerbaijan. Administrative economic courts, as the court of first instance, decide on administrative and economic disputes in accordance with their jurisdiction determined by law. The President and the judges form the Court. When 12 or more judges hold office, a vice president is appointed. The Judicial Council determines the number of judges and the territorial jurisdiction of the Court. There are 7 administrative courts in Azerbaijan:

• Administrative-economic court of the Nakhchivan Autonomous Republic

• Baku Administrative-Economic Court No. 1

• Baku Administrative-Economic Court No. 2

• Ganja Administrative Economic Court

• Administrative Economic Court of Sheki

• Shirvan Administrative Economic Court

• Administrative economic court of Sumgayit

On January 25, 2001, the Republic of Azerbaijan was accepted as a full member of the Council of Europe . Since April 15, 2002, Azerbaijan has been a party to the Convention for the Protection of Human Rights and Fundamental Freedoms. Since ratification of the Convention, the jurisdiction of the Court also includes Azerbaijan. Persons under the jurisdiction of Azerbaijan can appeal to the European Court of Human Rights if he (she) considers that his (her) human right, as enshrined in the European Convention on Human Rights and additional protocols, has been violated. Like all Council of Europe member states, a judge from Azerbaijan is represented in the European Court of Human Rights. ^[6]

The Judicial Legal Council was created to carry out the self-regulatory functions of the judicial system. The Council consists of fifteen members, 9 of whom are judges, at the same time, representatives of the bar and the state prosecution in the Council. The Council organizes the selection process for new judges, determines the functioning of judges, organizes their transfer and promotion, assumes disciplinary responsibility and considers other issues relating to courts and judges in accordance with their competence.

A citizen of the Republic of Azerbaijan who has reached the age of 30, has a law degree and has been working in the legal field for at least 5 years may become a judge. Judges are independent, they obey the Constitution and laws of the Republic of Azerbaijan and are unchanged during their term of office.