About provision of part two of Article 132 of the Labor code of the Azerbaijan Republic according to which the term of serving sentence of persons condemned to corrective works without imprisonment does not join in the working life granting the right to leave of April 19, 2001
Name of the Azerbaijan Republic
Constitutional court of the Azerbaijan Republic as a part of the chairman H. Gadzhiyev, judges F. Babayev, B. Garibov, R. Gvaladze, E. Mamedov, S. Salmanova (judge-speaker), A. Sultanova, with participation of the secretary of I. Ismaylov,
the legal representative of the body which sent inquiry, the judge of the Supreme Court of the Azerbaijan Republic B. Asadov
legal representative of defendant, deputy chief of General department of the Device Millie of Majlis of the Azerbaijan Republic I. Abdulazizov,
experts: the head of department of labor policy of the Ministry of Labour and Social Protection of the population of the Azerbaijan Republic T. Mamedova, the chief of staff of Head department of execution of judgments of the Ministry of Justice of the Azerbaijan Republic M. Gumbatov, the associate professor of the criminal law of law department of the Baku state university of Candidate of Law Sciences, R. Shamsizade, according to part III of article 130 of the Constitution of the Azerbaijan Republic
considered at the request of the Supreme Court of the Azerbaijan Republic of March 16, 2001 No. 5-2/2001 in proceeding in open court, according to the procedure of the constitutional legal proceedings the constitutional case on interpretation of part two of Article 132 of the Labor code of the Azerbaijan Republic.
Having heard the report of the judge S. Salmanova, performance of agents of the parties of B. Asadov, I. Abdulazizov, expert opinions of T. Mamedova, M. Gumbatov, R. Shamsizade, having considered materials of the constitutional case, the Constitutional Court of the Azerbaijan Republic decided:
The Supreme Court of the Azerbaijan Republic in the request asks to give interpretation of provision of part two of Article 132 of the Labor code of the Azerbaijan Republic providing that the term of serving sentence of persons condemned to corrective works without imprisonment does not join in the working life granting the right to leave.
In case papers there are official texts of Article 132 of the Labor code of the Azerbaijan Republic, article 49 of the Criminal code of the Azerbaijan Republic, Articles certified of Millie's Device of Majlis 10, of 40, of 41, of 42, 44 and 96 Codes about execution of punishments of the Azerbaijan Republic.
Due to the request the Constitutional Court of the Azerbaijan Republic notes that according to article 49 of the Criminal code of the Azerbaijan Republic corrective works are established for a period of two months up to two years and are left on place of employment of the convict. From earnings of the convict to corrective works deduction in the income of the state in the amount of five to twenty percent are made.
The procedure and conditions of execution and serving of the punishments determined by court establishes the Code about execution of punishments of the Azerbaijan Republic. According to article 40 of this Code sentence in the form of corrective works is served on principle place of employment of the convict.
Persons condemned to punishment in the form of corrective works continue to remain in position or at the work existing before condemnation (article 41.1 of the Code about execution of punishments of the Azerbaijan Republic). However in the rights of these persons some restrictions are set. So, they can be transferred to other position or work only according to the procedure and on the bases provided by the labor law shall observe procedure for serving sentence, be on challenge of the legal executive performing this type of punishment (articles 41.1 and 42.2 of the Code about execution of punishments of the Azerbaijan Republic). One of conditions of execution of the punishment in the form of corrective works is production during serving sentence of payroll deduction of the state condemned in the income, in the amount of, the established court verdict (article 44.1 of the Code about Execution of Punishments of the Azerbaijan Republic).
Apparently from the above, the Code about Execution of Punishments of the Azerbaijan Republic does not provide any other restrictions of the rights for persons condemned to corrective works. Meanwhile the part two of Article 132 of the Labor code of the Azerbaijan Republic provides as additional restriction non-inclusion in the working life granting the right to leave, time of departure of punishment by persons condemned to corrective works without imprisonment.
However such restriction contradicts articles 10 and 44.3 of the Code about execution of punishments of the Azerbaijan Republic.
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