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Judicial Power
Chapter VII Judicial Power
Article 125:
Judicial power:
1. Judicial power in Azerbaijan is implemented by law courts.
2. Judicial power is implemented through the Constitutional Court of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic, Economic Court of the Azerbaijan Republic, ordinary and specialized law courts of the Azerbaijan Republic.
3. Judicial power is implemented by way of constitutional, civil and criminal legal proceedings and other forms of legislation provided for by law.
4. In all legal proceedings, except constitutional proceedings, Procurator's Office of the Azerbaijan Republic and lawyers take part.
5. Judicial system and legal proceedings in the Azerbaijan Republic are determined by law.
6. 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 126:
Requirements to candidates to judges posts:
1. Judges shall be citizens of the Azerbaijan Republic not younger than 30, having voting right, higher juridical education and at least 5-year working experience in the sphere of law.
2. Judges may not occupy any other posts, irrespective of the procedure - elections or appointment, may not be involved in business, commercial and other payable activity, except scientific, pedagogical and creative activity, may not be involved in political activity and join political parties, may not get remuneration other than their wages and money for scientific, pedagogical and creative activity.
Article 127:
Independence of judges, main principles and conditions of implementation of justice:
1. Judges are independent, they are subordinate only to Constitution and laws of the Azerbaijan Republic, they cannot be replaced during the term of their authority.
2. In consideration of legal cases judges must be impartial, fair, they should provide juridical equality of parties, act based on facts and according to the law.
3. Direct and indirect restriction of legal proceedings from somebody's part and due to some reason, illegal influence, threats and interference are not allowed.
4. Justice shall be implemented based on equality of citizens before the law and law court.
5. In all law courts hearing of legal cases shall be open.
6. It is allowed to have closed hearing of legal cases only if the law court decides that open hearings may result in disclosure of state, professional or commercial secrets, or that it is necessary to keep confidentiality with respect to personal or family life.
7. Except cases envisaged by law it is prohibited to carry out legal proceedings by correspondence.
8. Law proceedings are carried out based on the principle of contest.
9. Everyone has the right for defence at all stages of legal proceedings.
10. Justice is based on presumption of innocence.
11. In the Azerbaijan Republic legal proceedings are carried out in state language of the Azerbaijan Republic or in a language of majority of population in specific area. Persons-participants of legal proceedings not knowing the language of proceedings have the right to be acquainted with materials of proceedings, to take part in legal proceedings using interpreter, to make statements in the law court in their native language.
Article 128:
Immunity of judges:
1. Judges are immune.
2. A judge may be called to criminal responsibility only in accordance with law.
3. Authority of judges might be stopped only based on reasons and rules envisaged by the law.
4. Whenever judges commit crime, the President of the Azerbaijan Republic, based on conclusions of Supreme Court of the Azerbaijan Republic, may make statement in the Parliament [Milli Majlis] of the Azerbaijan Republic with the initiative to dismiss judges from their posts. Respective conclusions of Supreme Court of the Azerbaijan Republic must be presented to the President of the Azerbaijan Republic within 30 days after his request.
5. Decision about dismissal of judges of Constitutional Court of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic and Economic Court of the Azerbaijan Republic is taken by the Parliament [Milli Majlis] of the Azerbaijan Republic with majority of 83 votes; decision about dismissal of other judges is taken by the Parliament [Milli Majlis] of the Azerbaijan Republic with majority of 63 votes.
Article 129:
Decisions of law courts and their implementation:
Law courts take decisions on behalf of the state; implementation of these decisions is obligatory.
Article 130:
Constitutional Court of the Azerbaijan Republic:
1. Constitutional Court of the Azerbaijan Republic consists of 9 judges.
2. Judges of Constitutional Court of the Azerbaijan Republic are appointed by the Parliament [Milli Majlis] of the Azerbaijan Republic on recommendation by the President of the Azerbaijan Republic.
3. Constitutional Court of the Azerbaijan Republic based on inquiry of the President of the Azerbaijan Republic, the Parliament [Milli Majlis] of the Azerbaijan Republic, Cabinet of Ministers of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic, Procurator's Office of the Azerbaijan Republic, Ali Majlis of Nakhichevan Autonomous Republic takes decisions regarding the following: correspondence of laws of the Azerbaijan Republic, decrees and orders of the President of the Azerbaijan Republic, decrees of the Parliament [Milli Majlis] of the Azerbaijan Republic, decrees and orders of Cabinet of Ministers of the Azerbaijan Republic, normative-legal acts of central bodies of executive power to Constitution of the Azerbaijan Republic;
- correspondence of decrees of the President of the Azerbaijan Republic, decrees of Cabinet of Ministers of the Azerbaijan Republic, normative-legal acts of central bodies of executive power to the laws of the Azerbaijan Republic;
- correspondence of decrees of Cabinet of Ministers of the Azerbaijan Republic and normative-legal acts of central bodies of executive power to decrees of the President of the Azerbaijan Republic;
- in cases envisaged by law, correspondence of decisions of Supreme Court of the Azerbaijan Republic to Constitution and laws of the Azerbaijan Republic;
- correspondence of acts of municipalities to Constitution of the Azerbaijan Republic, laws of the Azerbaijan Republic, decrees of the President of the Azerbaijan Republic, decrees of Cabinet of Ministers of the Azerbaijan Republic (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 Azerbaijan Republic, which have not yet become valid, to Constitution of the Azerbaijan Republic; correspondence of intergovernmental agreements of the Azerbaijan Republic to Constitution and laws of the Azerbaijan Republic;
- prohibition of political parties or other public unions;
- 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 Azerbaijan Republic; correspondence of laws of Nakhichevan Autonomous Republic, decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic to laws of the Azerbaijan Republic; correspondence of decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic to decrees of the President of the Azerbaijan Republic and decrees of Cabinet of Ministers of the Azerbaijan Republic; settlement of disputes connected with division of authority between legislative, executive and judicial powers.
4. Constitutional Court of the Azerbaijan Republic gives interpretation of the Constitution and laws of the Azerbaijan Republic based on inquiries of the President of the Azerbaijan Republic, the Parliament [Milli Majlis] of the Azerbaijan.
5. Republic, Cabinet of Ministers of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic, Procurator's Office of the Azerbaijan Republic and Ali Majlis of Nakhichevan Autonomous Republic.
6. Constitutional Court of the Azerbaijan Republic exercises also other authorities envisaged in the present Constitution.
7. Constitutional Court of the Azerbaijan Republic takes decisions as regards the questions of its competence. Decisions of Constitutional Court of the Azerbaijan Republic are obligatory all over the territory of the Azerbaijan Republic.
8. Laws and other acts, individual provisions of these documents, intergovernmental agreements of the Azerbaijan Republic cease to be valid in term specified in the decision of Constitutional Court of the Azerbaijan Republic, and interstate agreements of the Azerbaijan Republic do not come into force.
Article 131:
Supreme Court of the Azerbaijan Republic:
1. Supreme Court of the Azerbaijan Republic is the highest judicial body on civil, criminal, administrative and other cases directed to general and specialized law courts; it exercises control over activity of general and specialized law courts; gives explanations as per practices in activity of law courts in an order envisaged by legislation;.
2. Judges of Supreme Court of the Azerbaijan Republic are appointed by the Parliament [Milli Majlis] of the Azerbaijan Republic on recommendation of the President of the Azerbaijan Republic
Article 132:
Economic Court of the Azerbaijan Republic:
1. Economic Court of the Azerbaijan Republic is the highest law court on settlement of economic disputes. It carries out control over activity of respective specialized law courts in an order envisaged by legislation.
2. Judges of Economic Court of the Azerbaijan Republic are appointed by the Parliament [Milli Majlis] of the Azerbaijan Republic on recommendation by the President of the Azerbaijan Republic.
Article 133:
Procurator's Office of the Azerbaijan Republic:
1. In an order specified by legislation, Procurator's Office of the Azerbaijan Republic exercises control over accurate and uniform fulfilment and application of laws; in cases envisaged by legislation it undertakes prosecution and carries out investigation; supports state incrimination in the law court; brings in an action in the law court; remonstrates against decisions of law court.
2. Procurator's Office of the Azerbaijan Republic is an integral centralized body based on subordination of territorial and specialized procurators to General Procurator of the Azerbaijan Republic.
3. General Procurator of the Azerbaijan Republic is appointed to his post and dismissed from it by the President of the Azerbaijan Republic, on consent of the Parliament [Milli Majlis] of the Azerbaijan Republic.
4. Deputies of General Procurator of the Azerbaijan Republic, procurators supervising specialized republican procurator's offices, procurator of Nakhichevan Autonomous Republic are appointed to their posts and dismissed from their posts by the President of the Azerbaijan Republic on recommendation of General Procurator of the Azerbaijan Republic.
5. Territorial and specialised procurators are appointed to their posts and dismissed by General Procurator of the Azerbaijan Republic on agreement with the President of the Azerbaijan Republic.
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