Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of December 23, 2003 No. 561-IIQ

About the Constitutional court

(as amended on 29-03-2019)

Chapter 1. General provisions

Article 1. Appointment and main objectives of the Constitutional court of the Azerbaijan Republic

1.1. The constitutional court of the Azerbaijan Republic (further "Constitutional court") is the supreme body of the constitutional justice on the questions carried by the Constitution of the Azerbaijan Republic to its powers.

1.2. Main objectives of the Constitutional court consist in ensuring rule of the Constitution of the Azerbaijan Republic, protection of basic rights and freedoms of everyone.

Article 2. Legal basis of activities of the Constitutional court

Legal basis of activities of the Constitutional court is constituted by the Constitution of the Azerbaijan Republic, the international agreements which participant is the Azerbaijan Republic, this Law, other laws of the Azerbaijan Republic and the Internal charter of the Constitutional court.

Article 3. Powers of the Constitutional court

Powers of the Constitutional court are established part I of Article 84, by Article 86, part I of Article 88, part V of Article 101, Article 102, part I of Article 103, parts II and III of Article 104, Article 107, parts III-VII of Article 130, articles 153 and 154 of the Constitution of the Azerbaijan Republic.

Article 4. Basic principles of activities of the Constitutional court

Activities of the Constitutional court are based on the basis of the principles of rule of the Constitution of the Azerbaijan Republic, independence, collective nature and publicity.

Article 5. Independence of the Constitutional court

5.1. The constitutional court is independent state body and does not depend from organizational, financial, and also any other party on bodies of legislative, executive and judicial authority, local government bodies, and also legal entities and physical persons.

5.2. Introduction by any person for any reason directly or indirectly restrictions for the constitutional production, rendering on it impact, creation of threat and intervention in it, and also manifestation to court of disrespect are inadmissible and involve responsibility according to the legislation of the Azerbaijan Republic.

Chapter 2. Bases of the organization and activities of the Constitutional court

Article 6. Structure and organization of the Constitutional court

6.1. According to part I of article 130 of the Constitution of the Azerbaijan Republic the Constitutional court consists of 9 judges.

6.2. The constitutional court considers cases in meetings of chambers and the Plenum.

6.3. All judges of the Constitutional court are part of the Plenum of the Constitutional court.

6.4. Meetings of the Plenum of the Constitutional court are convened, as a rule, by the chairman of the Constitutional court and held according to the procedure, established by this Law and the Internal charter of the Constitutional court.

6.5. In meetings of the Plenum of the Constitutional court the chairman of the Constitutional court or replacement his face presides.

6.6. The meeting of the Plenum of the Constitutional court is authorized with the assistance of at least 6 judges if other is not established by this Law.

6.7. The structure of chambers is established by the chairman of the Constitutional court.

6.8. Rules of the organization of chambers, convocation and holding meetings are established by the Internal charter of the Constitutional court.

6.9. Meetings of chambers are authorized with the assistance of at least 3 judges.

6.10. The chairman of the Constitutional court and its deputy cannot be part of the same chamber at the same time.

6.11. Judges of the Constitutional court preside in meetings of chambers serially. The priority of presidency is established in meetings of chambers.

Article 7. The questions considered in meetings of chambers and the Plenum of the Constitutional court

7.1. In meetings of chambers of the Constitutional court the issue of acceptance to production of requests, addresses or claims concerning the questions provided by parts III-VII of article 130 of the Constitution of the Azerbaijan Republic is resolved.

7.2. In meetings of the Plenum of the Constitutional court the requests accepted to production of the Constitutional court, addresses and claims concerning the questions provided by parts III-VII of article 130 of the Constitution of the Azerbaijan Republic are considered in essence.

7.3. The questions provided in part I of Article 84, by Article 86, part I of Article 88, in part V of Article 101, Article 102, parts II and III of Article 104, articles 107 and 153 of the Constitution of the Azerbaijan Republic are considered directly in meetings of the Plenum of the Constitutional court.

Article 8. Meeting of judges of the Constitutional court

8.1. Meetings of judges of the Constitutional court are held for consideration and the solution of questions of rather internal activities of the Constitutional court and other questions, except for the issues resolved at meetings of the Constitutional court.

8.2. Meetings of judges are convened by the chairman of the Constitutional court. The meeting of judges can be convened also upon the demand of any of judges.

8.3. The meeting of judges is authorized with the assistance of at least 6 judges of the Constitutional court.

8.4. The meeting of judges of the Constitutional court resolves the following issues:

8.4.1. accepts the Internal charter of the Constitutional court for the organization of work of the Constitutional court;

8.4.2. approves the description of official emblem, seal of the Constitutional court, special dress code, the breastplate of judges and sample of their certificate;

8.4.3. makes offers concerning the draft of the government budget of the Azerbaijan Republic for content of the Constitutional court;

8.4.4. in cases, the stipulated in Article 23 presents of the Law, makes the offer on the solution of question of early termination of powers of the judge of the Constitutional court;

8.4.5. resolves other organizational matters.

8.5. The meeting of judges makes by a majority vote judges relevant decisions on questions, the stipulated in Article 8.4 presents of the Law.

Article 9. Symbols of the Constitutional court, breastplate and certificate of the judge of the Constitutional court

9.1. Symbols of the Constitutional court are national flag of the Azerbaijan Republic, the State Emblem of the Azerbaijan Republic and official emblem of the Constitutional court.

9.2. In judicial sessions of the judge of the Constitutional court shall be in special clothes of judges (cloak), and on inauguration of the President of the Azerbaijan Republic and other governmental activities - in special official clothes.

Article 10. Location of the Constitutional court

10.1. The constitutional court is located in the city of Baku.

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