Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of June 10, 1997 No. 310-IQ

About courts and judges

(as amended on 19-05-2020)

This Law is directed to creation in the Azerbaijan Republic to the independent judicial authority fixed in the Constitution of the Azerbaijan Republic for the purpose of justice implementation.

Section first. Courts

Chapter I. Judicial authority

Article 1. Organization of courts in the Azerbaijan Republic

In the Azerbaijan Republic the courts of the Azerbaijan Republic founded by the laws of the Azerbaijan Republic are effective. According to part six of article 125 of the Constitution application of the legal means which are not provided by the law for the purpose of change of powers of courts, creation of emergency courts, and also courts of foreign states or according to the procedure, not provided by this Law is forbidden.

Activities, and also the status of judges of the Constitutional Court of the Azerbaijan Republic (further - the Constitutional Court) are determined by the Law of the Azerbaijan Republic "About the Constitutional Court".

Article 2. Legislation on courts and judges

The legislation of the Azerbaijan Republic on courts and judges consists of the Constitution of the Azerbaijan Republic, this Law, other legal acts of the Azerbaijan Republic and of international treaties which participant is the Azerbaijan Republic.

In case of resolution of disputes in the Alyatsky free economic zone requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone" are considered.

Article 3. Obligations of courts

Activity of the courts of the Azerbaijan Republic is directed only to implementation of justice and in the cases established by the legislation and procedure - judicial supervision.

When implementing justice courts protect human rights and the civil laws and freedoms set in Constitutions of the Azerbaijan Republic, the right and legitimate interests of all companies, organizations and organizations irrespective of their pattern of ownership, the right of political parties, public associations, other legal entities from any encroachment and violations of the law and also carry out the obligations provided in the Constitutions of the Azerbaijan Republic and other obligations provided by this Law.

Assignment on courts of other obligations is inadmissible.

Article 4. Proceedings in courts

Proceedings in courts are performed in Trial Court, appeal and cassation instance.

Proceedings in courts in the Azerbaijan Republic in cases and procedure, stipulated by the legislation the Azerbaijan Republic, are performed jointly and solely by the judge: in Trial Court - solely or as a part of three judges, in court of appeal and cassation instance as a part of three and more judges.

Courts in case of proceedings are guided by the Constitution, the laws and other legal acts of the Azerbaijan Republic, and also international treaties which participants is the Azerbaijan Republic.

When implementing proceedings the minutes of court are taken. For records of the course of judicial session and legal proceedings in the course of judicial inquiry technical means can be used.

Article 5. Decisions of the courts

On the performed proceedings courts issue decrees, sentences, determinations and decisions (further - decisions) on behalf of the Azerbaijan Republic.

All decisions of the courts no later than one month from the moment of acceptance shall be anonymized and extend in electronic procedure.

These decisions acquiring legal force according to the procedure, established by the legislation of the Azerbaijan Republic, shall be obligatory, timely and are precisely performed in the territory of the Azerbaijan Republic by all physical persons and legal entities.

Non-execution of the judgments acquiring legal force involves responsibility, stipulated by the legislation the Azerbaijan Republic.

Article 6. Symbols of judicial authority

Symbols of judicial authority in the Azerbaijan Republic consist of National flag of the Azerbaijan Republic, the State Emblem and official emblems of justice.

All judges of courts of the Azerbaijan Republic hold judicial sessions in special clothes.

Official emblems of justice and form of special clothes of judges are determined by the law of the Azerbaijan Republic according to Item 5 of article 94 of the Constitution of the Azerbaijan Republic.

Chapter II. Basic provisions of implementation of justice

Article 7. Equality of everyone before the law and court

According to article 25 of the Constitution of the Azerbaijan Republic justice in the Azerbaijan Republic is performed on the basis of equality of each person before the law and court irrespective of race, nationality, religion, language, floor, origin, property and official position, beliefs, belonging to political parties, labor unions and other public associations.

Article 8. Implementation of justice with ensuring independence of judges, without any restriction, on the basis of the facts, is impartial, fair also according to the laws

Justice is performed with ensuring independence of judges, without any restriction, on the basis of the facts, it is impartial, fair also according to the laws.

Article 9. Inadmissibility of intervention in legal proceedings and disrespect for court

Direct or indirect restriction of legal proceedings from someone's party and for any reason, impact, threat and intervention, and also disrespect for court or the actions expressing explicit neglect are inadmissible and involve responsibility according to the legislation of the Azerbaijan Republic.

Article 10. Providing rights of protection

At any stage of legal proceedings on protection of the provided in the Constitution of the Azerbaijan Republic and other laws of the rights and freedoms of the citizens of the Azerbaijan Republic living in its territory of foreign citizens, and also stateless persons, legitimate interests of legal entities against any encroachments and violations of the law the right of judicial protection is provided.

The right of defense by the means provided in the legislation of the Azerbaijan Republic including the right to use of the help of the defender is guaranteed to the suspect, the accused person and the defendant from the moment of detention, detention and brining a charge of crime execution.

According to part two of article 61 of the Constitution of the Azerbaijan Republic in the cases provided by the law, legal aid is given free of charge, at the expense of the state.

Article 11. Providing presumption of innocence

When implementing justice respect for the principle of presumption of innocence, stipulated in Article 63 Constitutions of the Azerbaijan Republic is provided.

Article 12. Publicity of legal proceedings

According to part V of article 127 of the Constitution of the Azerbaijan Republic proceedings in all courts are carried out publicly, except as specified hearings of the case in closed meeting.

The correspondence legal proceedings of the criminal cases, except as specified, provided by the law are not allowed.

Decisions of the courts appear in all cases publicly.

Article 13. Implementation of legal proceedings on the basis of the principle of competitiveness

Legal proceedings in the Azerbaijan Republic are performed when ensuring equality of participants, on the basis of the principle of competitiveness according to part VII of article 127 of the Constitution of the Azerbaijan Republic.

Article 14. Language of conducting legal proceedings

Language of conducting legal proceedings is determined according to part X of article 127 of the Constitution of the Azerbaijan Republic. Restriction in any form of the rights of persons who are not knowing language in which legal proceedings are conducted is inadmissible.

In cases, stipulated by the legislation the Azerbaijan Republic, the right of free use of translation service is provided to everyone.

Article 15. Respect for jurisdiction of the case to court

Change of the Azerbaijan Republic established by the legislation of jurisdiction of the case is forbidden to court or unreasonable withdrawal of case from legal proceedings of the legal judge.

Article 16. Restriction of participation of the judge in legal case consideration

Unacceptably repeated participation in consideration of legal case of the judge participating in consideration of this case in Trial Court, appeal or cassation instance.

In case of origin in stipulated by the legislation cases of the provisions of the Azerbaijan Republic raising doubts in impartiality of the judge, the judge shall refrain or shall be discharged of consideration of this case.

Article 17. Inadmissibility not of the procedural relations in legal proceedings

Not the procedural relations between structure of court and members of court, or between Trial Courts which are not provided by the law, appeal and cassation instances are inadmissible.

Article 18. Necessary conditions of implementation of justice

Courts of the Azerbaijan Republic perform justice in the conditions corresponding to the high status of judicial authority, creating possibilities of accomplishment of all procedural requirements excluding influence on freedom of judges in the declaration of will.

Violation of regulations on implementation of justice involves the legal effects provided by the law.

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