of January 31, 2003
Concerning interpretation of article 5 of the Law of the Azerbaijan Republic "About registration at the place of residence and the place of stay" and the provisions "Descriptions of the Identity Certificate", approved by the Law of the Azerbaijan Republic "About approval of sample of the Identity certificate of the citizen of the Azerbaijan Republic"
Name of the Azerbaijan Republic
Constitutional court of the Azerbaijan Republic as a part of H. Gadzhiyev (chairman), F. Babayeva, B. Garibov, R. Gvaladze, E. Mamedova (judge-speaker), I. Nadzhafova, S. Salmanova and A. Sultanov,
with participation of the court secretary I. Ismailov,
legal representatives of the interested subjects - the chairman of Sabailsky district court I. Nasirov, the judge of Sabailsky district court Kerimov, the assistant manager department of administrative and military legislations of the Device of Millie of Majlis of the Azerbaijan Republic S. Kerimov, the employee of legal department of the Cabinet of Ministers of the Azerbaijan Republic H. Ashrafov, the head of department of Passport and registration Regional Office of the Ministry of Internal Affairs of the Azerbaijan Republic F. Babayev and the citizen E. Alizadeh
according to part VI of article 130 of the Constitution of the Azerbaijan Republic
considered in proceeding in open court on special Constitutional production the Constitutional case connected with the appeal of Sabailsky district court of December 30, 2002 No. S-01 concerning interpretation of article 5 of the Law of the Azerbaijan Republic "About registration at the place of residence and the place of the stay" and the provisions "Descriptions of the Identity Certificate" approved by the Law of the Azerbaijan Republic "About approval of sample of the Identity certificate of the citizen of the Azerbaijan Republic".
Having heard and having discussed the report of the judge E. Mamedov, performance of legal representatives of the subjects interested in special Constitutional production - I. Nasirov, Kerimov, S. Kerimov, H. Ashrafov, F. Babayev and the citizen E. Alizadeh, the Constitutional Court determined:
In production of Sabailsky district court there is civil case of the applicant E. Alizadeh against otvetchikovpasportno-registration Regional Office of the Ministry of Internal Affairs of the Azerbaijan Republic, Millie of Majlis of the Azerbaijan Republic and the Ministry of Justice of the Azerbaijan Republic. The applicant on case considers that while in the Azerbaijan Republic old Soviet passports are replaced with the Identity certificate of the citizen of the Azerbaijan Republic, the Passport and registration Regional Office of the Ministry of Internal Affairs, referring to the existing legislation, does not issue to the applicant of the identity certificate in view of lack at it of the residence, violating that its rights of nationality and other rights of the applicant. And the Passport and registration Regional Office of the Ministry of Internal Affairs of the Azerbaijan Republic motivates the actions with article 5 of the Law of the Azerbaijan Republic "About registration at the place of residence and the place of stay" and the relevant provision "Description of the Identity Certificate", approved by the Law of the Azerbaijan Republic "About approval of sample of the Identity certificate of the citizen of the Azerbaijan Republic".
In the address to the Constitutional Court the Sabailsky district court asks to interpret able to be applied on civil case article 5 of the Law of the Azerbaijan Republic "About registration at the place of residence and the place of stay" and concerning "residences" of the provision "Descriptions of the Identity Certificate" approved by the Law of the Azerbaijan Republic "About approval of sample of the Identity certificate of the citizen of the Azerbaijan Republic".
In connection with the appeal to materials of the Constitutional case official texts of article 6 of the law "About Citizenship of the Azerbaijan Republic", article 3 of the Law "About Departure from the Country, Entry into the Country and Passports", article 4 of the law "About the Identity Certificate of the Citizen of the Azerbaijan Republic", Articles 1, 2 and 5 Laws "About Registration at the Place of Residence and the Place of Stay", and also "The description of the Identity certificate" approved by the Law "About Approval of Sample of the Identity Certificate of the Citizen of the Azerbaijan Republic" certified of Millie's Device of Majlis of the Azerbaijan Republic are enclosed.
Concerning the appeal of Sabailsky district court the Constitutional Court of the Azerbaijan Republic notes the following:
According to article 24 of the Constitution everyone from the moment of the birth has the inviolable, not violated and not discussed rights and freedoms.
The rights and freedoms cover also responsibility and obligations of everyone to society and other persons.
The nationality right, and also right to liberty of movement and choice for themselves the residence take the essential place among human rights and freedoms.
The appeal of Sabailsky district court causes the necessity to carry out the comprehensive legal analysis concerning these rights.
According to article 52 of the Constitution the person which is belonging to the Azerbaijan Republic, having with it political and legal bond, and also the mutual rights and obligations is citizen of the Azerbaijan Republic.
Nationality is basis for the mutual relations between the person and the state. As the main basis of legal status of the person within the state, nationality brings clarity and definiteness in this provision.
Civil accessory allows the person to have the different rights and freedoms. The state protects the citizens and patronizes them.
According to article 6 of the Law "About Citizenship of the Azerbaijan Republic" citizenship of the Azerbaijan Republic can be confirmed by three document types - the certificate of birth, the identity certificate of the citizen of the Azerbaijan Republic or the passport of the citizen of the Azerbaijan Republic. Each of these documents takes inherent to it place and appointment.
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