Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of December 28, 2004 No. 818-IIQ

About Judicial and legal council

(The last edition from 20-10-2017)

Chapter I. General provisions

Article 1. Appointment of Judicial and legal council

Judicial and legal council is the body performing functions of self-government of judicial authority, resolving within the powers issues of providing the organization of judicial system and independence of judges in the Azerbaijan Republic, the organization of election for vacancies of judges of the candidates who are not judges (further - candidates for positions of judges), estimates of activities of judges, changes of their place of employment, promotion on positions, administrative prosecutions, and also other questions connected with courts and judges.

Article 2. Legal basis of activities of Judicial and legal council

Legal basis of activities of Judicial and legal council is constituted by the Constitution of the Azerbaijan Republic, the international agreements which the Azerbaijan Republic, this Law, the Law of the Azerbaijan Republic "About courts and judges" and other regulatory legal acts of the Azerbaijan Republic joined.

Article 3. Basic principles of activities of Judicial and legal council

Judicial and legal council builds the activities on the basis of the principles of independence, legality, collective nature, impartiality and objectivity.

Article 4. Independence of Judicial and legal council

4.1. Judicial and legal council is permanent independent body and does not depend organizationally, financially, and also any otherwise on bodies of legislative, executive and judicial authority, local government bodies, and also legal entities and physical persons.

4.2. Judicial and legal council performs interaction with bodies of legislative, executive and judicial authority by Bar of the Azerbaijan Republic, the scientific organizations.

Article 5. Financing of Judicial and legal council and its attributes

5.1. Activities of Judicial and legal council are financed from the government budget. The amount of current expenses in the annual funds allocated for financing of activities of Judicial and legal council cannot be less than the amount provided for this purpose in the previous financial year.

5.2. For implementation of the functions entrusted to it, Judicial and legal council can be financed also from other sources, stipulated by the legislation.

5.3. Judicial and legal council has the separate balance, the property which is in state-owned property, seal with the image of the State Emblem of the Azerbaijan Republic and the name corresponding stamps, emblems, forms, treasurer and bank accounts.

Chapter II. Organization of Judicial and legal council

Article 6. Structure of Judicial and legal council

6.1. Judicial and legal council is effective as a part of 15 members.

6.2. The structure of Judicial and legal council will be organized generally from the following faces consisting of judges, and also representatives of executive, legislative and public prosecutor's bodies and Bar of the Azerbaijan Republic:

6.2.1 Head of relevant organ of the executive authority of the Azerbaijan Republic;

6.2.2 Chairman of the Supreme Court of the Azerbaijan Republic;

6.2.3 Person designated by executive body of the Azerbaijan Republic;

6.2.4 Person designated by Millie Majlis of the Azerbaijan Republic;

6.2.5 The judge appointed by the Constitutional court of the Azerbaijan Republic;

6.2.6 Two judges of courts of cassation instance chosen by the Supreme Court of the Azerbaijan Republic from among the candidates offered by association of judges;

6.2.7 Two judges of the Appeal Courts appointed by the Supreme Court of the Azerbaijan Republic from among the candidates offered by association of judges;

6.2.8 The judge of the Supreme Court of the Nakhchivan Autonomous Republic, chosen by the Supreme Court of the Nakhchivan Autonomous Republic from among the candidates offered by association of judges;

6.2.9 Two judges of Trial Courts chosen by Judicial and legal council from among the candidates offered by association of judges;

6.2.10 Person designated by relevant organ of the executive authority of the Azerbaijan Republic;

6.2.11 The lawyer appointed by Presidium of Bar of the Azerbaijan Republic;

6.2.12 Person designated by the Prosecutor General's Office of the Azerbaijan Republic.

6.3. The head of relevant organ of the executive authority of the Azerbaijan Republic and the chairman of the Supreme Court of the Azerbaijan Republic on position are considered as members of Judicial and legal council.

6.4. Persons designated by relevant organ of the executive authority of the Azerbaijan Republic, Millie Majlis of the Azerbaijan Republic, relevant organ of the executive authority of the Azerbaijan Republic and the Prosecutor General's Office of the Azerbaijan Republic of Judicial and legal council shall have the higher legal education and length of service as lawyer over 5 years.

6.5. Associations of judges on each place of the member of Judicial and legal council shall offer at least two candidates. The candidate list, offered on membership in Judicial and legal council, can be only once protested by the body electing them. The member of Judicial and legal council olzhen to be elected from among the candidates offered for the second time.

6.6. The term of office of members of Judicial and legal council constitutes five years.

6.7. It is excluded

Article 7. Requirements to members of Judicial and legal council

The structure of Judicial and legal council cannot include persons with double citizenship, persons having obligations to other states, persons who are engaged in business and trading activity and religious figures, except for persons who are engaged in scientific, pedagogical and creative activities.

Full text available with active License only!

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 38000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.