The Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, has held a session to interpret specific provisions of the Criminal Code concerning military service obligations.
According to the Operative Information Center-OMM, citing the press service of the Constitutional Court, the session addressed a petition from the Prosecutor's Office of the Republic of Azerbaijan. The court examined the interpretation of the "Note" part of Article 321 of the Criminal Code in conjunction with Article 76 of the Constitution, Article 606 of the Code of Administrative Offenses, and the Law on Military Duty and Military Service.
The Plenum reviewed reports from Judge Kh. Valiyev, as well as opinions from the Prosecutor's Office, the Milli Majlis (National Assembly) Apparatus, the Supreme Court, the Ministry of Internal Affairs (MIA), the Baku Court of Appeal, and the Center for Legal Expertise and Legislative Initiatives. Expert testimony was also provided by Professor Sh. Samadova, head of the Criminal Law and Criminology Department at Baku State University.
Following the discussions, the court recommended that the Milli Majlis (National Assembly) improve Article 321 of the Criminal Code to ensure a clear and unambiguous definition of the crime, aligned with the principles of legal certainty and the rule of law. The decision states that the legislation must be refined to better reflect the legal positions expressed in the court's ruling regarding constitutional duties.
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 individuals. Its decisions are final and binding, taking effect from the day of publication, and cannot be canceled, changed, or officially interpreted by any other body or official.
