The Plenum of the Constitutional Court of the Republic of Azerbaijan has held a session under the chairmanship of Farhad Abdullayev.
The press service of the Constitutional Court informed the "Operative Information Center-OMM" that the session focused on a constitutional inquiry submitted by the Prosecutor General's Office of Azerbaijan. The court examined the interpretation of Articles 122.2.3 and 449.3 of the Criminal Procedure Code in relation to Articles 60 (parts I and IV) and 71 of the Constitution of the Republic of Azerbaijan.
The Plenum reviewed the report by Judge I. Najafov, the inquiry from the Prosecutor General's Office, and the opinion of the Milli Majlis (National Assembly) Apparatus. Furthermore, the court considered expert opinions provided by various judicial and legal institutions, including the Supreme Court, the Ministry of Justice, the Baku, Shirvan, and Sumgait Courts of Appeal, the Supreme Court of the Nakhchivan Autonomous Republic, the Bar Association, and the Center for Legal Expertise and Legislative Initiatives. The court also incorporated the expert opinion of Professor F. Abbasova, Doctor of Law and Head of the Criminal Procedure Department at Baku State University.
In its final ruling, the Constitutional Court determined that individuals specified in Article 449.2 of the Criminal Procedure Code are entitled to file complaints under judicial supervision regarding decisions or actions (or inactions) of bodies conducting criminal proceedings that may infringe upon their constitutional rights or restrict access to justice, specifically concerning the circumstances outlined in Article 449.3.
The Court emphasized that when reviewing such complaints, the legal essence and consequences of the actions must be considered, rather than merely their formal titles. However, the ruling clarifies that judicial supervision does not extend to decisions or procedural actions that fall under the exclusive competence of the court hearing the case on its merits, as defined by the eighth section of the Criminal Procedure Code, to ensure the efficiency of criminal proceedings.
The decision enters into force upon the day of its publication. It is final and cannot be annulled, amended, or officially interpreted by any other body or person.
Context: The Constitutional Court of Azerbaijan serves as the supreme body of constitutional justice, ensuring the supremacy of the Constitution and protecting the fundamental rights and freedoms of citizens. Its rulings are binding across the Republic of Azerbaijan and play a critical role in harmonizing national legislation with constitutional principles.
