The Supreme Court of Azerbaijan is the highest court and the last court of appeal of the three-stage judicial system in Azerbaijan. It was established in accordance with article 131 of the Constitution of the Republic of Azerbaijan and article 77 of the Law “On Courts and Judges”. [one]
The Supreme Court has the competence to administer justice in civil (including administrative and economic disputes), criminal disputes and other cases related to the execution of general or specialized courts. [2]
Despite the fact that it is located in Baku, its jurisdiction extends to the entire territory of the Republic of Azerbaijan.
Content
Supreme Court History
The history of the modern judicial system in Azerbaijan began with the creation of the Azerbaijan Democratic Republic on May 28, 1918.
Since the 1990s, under the leadership of Heydar Aliyev , fundamental judicial and legal reforms have been carried out in Azerbaijan, for example, the creation of a new three-stage judicial system, the adoption of several codes (Land Code, Civil Code, Criminal Code, Code of Administrative Offenses, Housing Code, etc. .). The Judicial Legal Council, consisting of representatives of the legislative, judicial and executive authorities, was formed and actively participated in the selection of judges in various instances, including the Supreme Court, through testing or examination and interviews. [3]
Supreme Court Structure
There are Plenum and Cassation Chambers in the Supreme Court. The following chambers are created in the Supreme Court:
Civic chamber
Administrative and Economic Chamber
Crime chamber
Military chamber
Plenary Powers
The structure of the Plenum of the Supreme Court operates as follows: Chairman of the Supreme Court, his deputy, chairmen of the board and judges. Members of the Plenum of the Supreme Court have equal rights within their powers. The Plenum of the Supreme Court hears information from the chairpersons of the courts on issues related to the practice of applying legislation in the courts of the Republic of Azerbaijan, as well as reports from the chairperson of the Supreme Court, the chairpersons of the Court of Appeal, the chairperson of the Supreme Court of the Nakhichevan Autonomous Republic and other chairpersons of the courts on the state of justice. The plenum also reviews materials on the generalization of judicial practice and analysis of judicial statistics. The charter and structure of the Scientific Advisory Council is approved by the court, referring to the recommendations of the President of the Supreme Court. The court takes into account the request of the President of the Republic of Azerbaijan for the dismissal of judges of the Republic of Azerbaijan in accordance with Article 128 of the Constitution of the Republic of Azerbaijan and sends its opinion to the President of the Republic of Azerbaijan within 30 days of the request. The Plenum clarifies the courts on issues of judicial practice in accordance with Article 131 of the Constitution of the Azerbaijan Republic; in cases and in accordance with the procedure established by law, he considers cases related to additional cassation or new cases of discrimination and violation of rights and freedoms based on a statement by the Chairman of the Supreme Court, a protest by the prosecutor General of the Republic of Azerbaijan or a complaint by the defending party. In addition, the Plenum, in accordance with Article 96 of the Constitution of the Azerbaijan Republic, considers and makes decisions on issues related to the appeal to the Milli Majlis of the Republic of Azerbaijan on legislative initiatives. The court also takes the oath of judges of the Republic of Azerbaijan. In cases specified by law, the Plenum considers complaints against decisions of the Judicial Legal Council. [4] [5]
Principles of the Plenum
The principles of the Plenum were determined in accordance with Article 80 of the Law of the Azerbaijan Republic (“On Courts and Judges”). The Supreme Court convenes approximately 4 times a year under the direction of the President of the Supreme Court. The chairmen of the Courts of Appeal and the Supreme Court of the Nakhchivan Autonomous Republic, the Attorney General of Azerbaijan and other heads of relevant state bodies participate in the sessions of the Supreme Court. Participants in plenary meetings are notified at least 10 days before the start date of the meeting. Participants are also provided with a discussion topic and related materials. At least 2/3 of its members must participate in sessions to ensure their effectiveness. Decisions are made following the results of voting. The apparatus of the Supreme Court organizes plenary sessions and ensures the implementation of the decisions of the Plenary. [6]
See also
Constitution of Azerbaijan
National Assembly of Azerbaijan
Notes
- ↑ ABOUT THE SUPREME COURT OF THE AZERBAIJAN REPUBLIC . supremecourt.gov.az. Circulation date May 17, 2019.
- ↑ Judicial-Legal Council of the Republic of Azerbaijan. [ https://courts.gov.az/en/main/page/Supreme-Court_2787 ONE JUDICIAL PORTAL OF THE AZERBAIJAN REPUBLIC] (2019).
- ↑ SUMMARY INFORMATION ON THE JUDICIAL SYSTEM OF AZERBAIJAN . supremecourt.gov.az. Circulation date May 17, 2019.
- ↑ Structure and powers of the plenum of the supreme court . supremecourt.gov.az. Circulation date May 17, 2019.
- ↑ The next plenary session of the Supreme Court of Azerbaijan - PHOTO Information Agency Report. Circulation date May 17, 2019.
- ↑ Working principle of the Plenum of the Supreme Court . supremecourt.gov.az. Circulation date May 17, 2019.