Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of December 28, 2004 No. 818-IIQ

About Judicial and legal council

(as amended on 09-06-2023)

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 following persons are part of Judicial and legal council:

6.2.1. three judges of court of cassation elected by conference of judges;

6.2.2. three judges of Appeal Courts elected by conference of judges;

6.2.3. three judges of Trial Courts elected by conference of judges;

6.2.4. the judge appointed by the Constitutional Court of the Azerbaijan Republic;

6.2.5. person designated by Millie Majlis of the Azerbaijan Republic;

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

6.2.7. the lawyer appointed by Bar of the Azerbaijan Republic;

6.2.8. The scientist-lawyer appointed by National academy of Sciences of Azerbaijan;

6.2.9. the representative of legal community elected by conference of judges.

6.3. It is cancelled.

6.4. Persons, the elite (appointed) members of Judicial and legal council, shall have the higher legal education and length of service the lawyer more than ten years.

6.5. It is cancelled.

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

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