The Supreme Court of Azerbaijan has adopted a new Plenum decision titled "On the practice of applying legislation in disputes arising from construction contracts." This measure aims to ensure the correct application of laws by courts and to establish a consistent legal approach to this category of cases.
This information was provided to the Operative Information Center-OMM by the Supreme Court.
The decision defines criteria that distinguish construction contracts from other civil law agreements and clarifies formal requirements for such contracts concerning commercial entities. Furthermore, the ruling analyzes the civil law consequences of failing to comply with the requirements of the Law of the Republic of Azerbaijan "On Public Procurement," the specific features of consumer construction contracts and contracts related to components of multi-apartment buildings, as well as practical issues in applying civil legislation to construction agreements.
The Plenum of the Supreme Court has also mandated a monitoring period for judicial activities from January 1, 2027, to January 1, 2028. This monitoring will cover commercial courts, commercial cases reviewed in appellate courts, as well as civil cases reviewed in district (city) courts in Baku and the Baku Court of Appeal.
The Supreme Court of Azerbaijan serves as the highest judicial body in the country, ensuring the uniformity of judicial practice and the protection of constitutional rights. By issuing Plenum decisions, the Court provides binding interpretations of legislation, which are essential for maintaining legal certainty and predictability in the judicial system of Azerbaijan.
