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Judicial system of the Republic of Azerbaijan 
 

As one of the initial results of court-law reforms conducted under the direction of national leader of Azerbaijan people Heydar Aliyev, the three stage judicial system – courts of first instance, appeal instance and cassation instance have been established in our republic.

At present the regional and city courts and military and local economic courts acting on their regional jurisdiction, Court of the Republic of Azerbaijan on Grave Crimes, Military Court of the Republic of Azerbaijan on Grave Crimes act as court of first instance in the Republic of Azerbaijan.

The appeals and appeal protests made against the decisions on cases arising out of criminal, administrative, military, civil and economic disputes are heard in the Courts of Appeal.

There are the following courts of appeal in the Republic of Azerbaijan:

  • Baku Court of Appeal
  • Ganja Court of Appeal
  • Sumgayit Court of Appeal
  • Shirvan Court of Appeal
  • Sheki Court of Appeal
  • Supreme Court of the Autonomous Republic of Nakhchivan

The Courts of Appeal consist of four collegia: Collegium on criminal cases and cases on administrative infringements, Collegium on civil cases, Collegium on cases on economic disputes, Collegium on cases of military courts , which are acting on territorial jurisdiction.
The Supreme Court of the Republic of Azerbaijan hears the appeals from the decisions of the courts of Appeal in the cassation order as a cassation instance.
There are four collegia in Supreme Court: Collegium on criminal cases, Collegium on civil cases, Collegium on cases on economic disputes, Collegium on cases of military courts.

Extracts from the Constitution of the Azerbaijan Republic:

Article 125. Judicial power 
I. Judicial power in Azerbaijan is implemented by law courts.

II. Judicial power is implemented through the Constitutional Court of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan, Courts of Appeal of the Republic of Azerbaijan, ordinary and specialized law courts of the Republic of Azerbaijan.

III. Judicial power is implemented by way of constitutional, civil and criminal legal proceedings and other forms of legislation provided for by law.

IV. In the criminal legal proceedings, Procurator’s Office of the Republic of Azerbaijan and lawyers take part.

 

V. Judicial system and legal proceedings in the Republic of Azerbaijan are determined by law.

VI. Use of legal means aimed to change of authority of law courts and establishment of extraordinary law courts which are not envisaged by the law are prohibited.

Article 130. Constitutional Court of the Republic of Azerbaijan
I. Constitutional Court of the Republic of Azerbaijan consists of 9 judges.

II. Judges of Constitutional Court of the Republic of Azerbaijan are appointed by Milli Majlis of the Republic of Azerbaijan on recommendation by the President of the Republic of Azerbaijan.

III. Constitutional Court of the Republic of Azerbaijan based on inquiry of the President of the Republic of Azerbaijan, Milli Majlis of the Republic of Azerbaijan, Cabinet of Ministers of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan, Procurator’s Office of the Republic of Azerbaijan, Ali Majlis of Nakhichevan Autonomous Republic takes decisions regarding the following: 
· correspondence of laws of the Republic of Azerbaijan, decrees and orders of the President of the Republic of Azerbaijan, decrees of Milli Majlis of the Republic of Azerbaijan, decrees and orders of Cabinet of Ministers of the Republic of Azerbaijan, normative-legal acts of central bodies of executive power to Constitution of the Republic of Azerbaijan; 
· correspondence of decrees of the President of the Republic of Azerbaijan, decrees of Cabinet of Ministers of the Republic of Azerbaijan, normative-legal acts of central bodies of executive power to the laws of the Republic of Azerbaijan; 
· correspondence of decrees of Cabinet of Ministers of the Republic of Azerbaijan and normative-legal acts of central bodies of executive power to decrees of the President of the Republic of Azerbaijan; 
· in cases envisaged by law, correspondence of decisions of Supreme Court of the Republic of Azerbaijan to Constitution and laws of the Republic of Azerbaijan; 
· correspondence of acts of municipalities to Constitution of the Republic of Azerbaijan, laws of the Republic of Azerbaijan, decrees of the President of the Republic of Azerbaijan, decrees of Cabinet of Ministers of the Republic of Azerbaijan (in Nakhichevan Autonomous Republic – also to Constitution and laws of Nakhichevan Autonomous Republic and decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic); 
· correspondence of interstate agreements of the Republic of Azerbaijan, which have not yet become valid, to Constitution of the Republic of Azerbaijan; correspondence of intergovernmental agreements of the Republic of Azerbaijan to Constitution and laws of the Republic of Azerbaijan; 
· correspondence of Constitution and laws of Nakhichevan Autonomous Republic, decrees of Ali Majlis of Nakhichevan Autonomous Republic, decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic to Constitution of the Republic of Azerbaijan; correspondence of laws of Nakhichevan Autonomous Republic, decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic to laws of the Republic of Azerbaijan; correspondence of decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic to decrees of the President of the Republic of Azerbaijan and decrees of Cabinet of Ministers of the Republic of Azerbaijan; 
· settlement of disputes connected with division of authority between legislative, executive and judicial powers.

IV. Constitutional Court of the Republic of Azerbaijan gives interpretation of the Constitution and laws of the Republic of Azerbaijan based on inquiries of the President of the Republic of Azerbaijan, Milli Majlis of the Republic of Azerbaijan, Cabinet of Ministers of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan, Procurator’s Office of the Republic of Azerbaijan and Ali Majlis of Nakhichevan Autonomous Republic.

V. Everyone claiming to be the victim of a violation of his/her rights and freedoms by the decisions of legislative, executive and judiciary, municipal acts set forth in the items 1-7 of the Para III of this Article may appeal, in accordance with the procedure provided for by law, to the Constitutional Court of the Republic of Azerbaijan with the view of the restoration of violated human rights and freedoms.

VI. In accordance with the procedure provided for by the laws of the Republic of Azerbaijan the courts may file the Constitutional Court of the Republic of Azerbaijan a request on interpretation of the Constitution and the laws of the Republic of Azerbaijan as regards the matters concerning the implementation of human rights and freedoms.

VII. Ombudsman of the Republic of Azerbaijan in accordance with the procedure provided for by the laws of the Republic of Azerbaijan for solving the matters indicated in items 1-7, para III of the given Article shall apply to the Constitutional Court of the Republic of Azerbaijan in cases where the rights and freedoms of a person had been violated by legislative acts in force, normative acts of executive power, municipalities as well as the court decisions

VIII. Constitutional Court of the Republic of Azerbaijan exercises also other authorities envisaged in the present Constitution.

IX. Constitutional Court of the Republic of Azerbaijan takes decisions as regards the questions of its competence. Decisions of Constitutional Court of the Republic of Azerbaijan are obligatory all over the territory of the Republic of Azerbaijan.

 

X. Laws and other acts, individual provisions of these documents, intergovernmental agreements of the Republic of Azerbaijan cease to be valid in term specified in the decision of Constitutional Court of the Republic of Azerbaijan, and interstate agreements of the Republic of Azerbaijan do not come into force.

Article 131. Supreme Court of the Republic of Azerbaijan
I. Supreme Court of the Republic of Azerbaijan is the highest judicial body on civil, criminal, administrative and other cases directed to general and specialized law courts; it, via the cassation procedure, shall administer the justice; gives explanations as per practices in activity of law courts in an order envisaged by legislation;

II. Judges of Supreme Court of the Republic of Azerbaijan are appointed by Milli Majlis of the Republic of Azerbaijan on recommendation of the President of the Republic of Azerbaijan

Article 132. Courts of Appeal of the Republic of Azerbaijan
I. The Courts of Appeal of the Republic of Azerbaijan shall be the higher courts considering the issues falling within their competences according to the legislation.

II. Judges of the Courts of Appeal of the Republic of Azerbaijan shall be appointed by the Milli Majlis of the Republic of Azerbaijan upon the recommendation of the President of the Republic of Azerbaijan.

 


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