JUDICIAL POWER
According to the Constitution of Azerbaijan, the Judicial system of the Azerbaijan Republic consists of all the courts acting in the Republic and united under the sole duties, organizational and activity principles of the judicial power. The structure of the judicial system of the Azerbaijan Republic has been determined by Law dated 10 June 1997 of Azerbaijan Republic 'On courts and judges'.
The judicial power of the Azerbaijan Republic is exercised only by courts through fair judgment. The judicial power of the Azerbaijan Republic rests on the Constitutional Court of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic, the Court of Appeal of the Azerbaijan Republic, common courts of the Azerbaijan Republic, and other specialized courts of the country. Judicial power is exercised through civil and criminal courts and by other means determined by the law. Citizens of the Azerbaijan Republic are eligible to vote, having higher legal education and at least five years of work as a lawyer may be appointed the judge. Judges are independent and adhere only to the Constitution and the laws of the Azerbaijan Republic and not to be replaced through their term.
The Constitutional Court of the Azerbaijan Republic consists of nine judges, appointed by the Milli Majlis on the introduction of the President of the Azerbaijan Republic. The judges of the Constitutional Court of the Azerbaijan Republic are appointed by the Milli Majlis on the introduction of the President of the Azerbaijan Republic. The Constitutional Court has the power to examine the conformity of laws of the Azerbaijan Republic, decrees and orders of the President of the Azerbaijan Republic, resolutions of Milli Majlis, legal acts of executive bodies to the Constitution of the Azerbaijan Republic. Moreover, the Constitutional Court of the Azerbaijan Republic controls the activity of different state bodies and officials.
The Constitutional Court settles problems related to power separation between executive and judiciary powers. The resolutions of the Constitutional Court of the Azerbaijan Republic are mandatory on the territory of Azerbaijan.
The Supreme Court of the Republic of Azerbaijan shall be the highest judicial body with respect to civil, criminal, and other cases falling under the jurisdiction of the general and specialized courts of law; shall administer justice as a court of cassation instance; and shall provide clarifications on the issues related to the judicial practice.
The courts of appeal of the Republic of Azerbaijan shall be courts of the higher instance with respect to cases falling under their jurisdiction according to the law.
The Courts of Appeals hear cases on the appeals and appeal protests made from the decisions taken by the courts of the first instance assigned to their territorial jurisdiction as an appeal instance. The Court of Appeals is comprised of a civil board, administrative-economical board, criminal board, and military board.
The Administrative and Economic Courts handle administrative disputes between individuals, regardless of their administrative or other background or subjection, regardless of their economic or legal status, who engage in entrepreneurship without the creation of a legal entity and who obtain individual ownership status under the law.
Military Courts hear cases that do not pose a significant public threat or are less serious crimes against war and military service, as well as those that do not pose a significant public threat or are less serious crimes committed by military servicemen within relevant territorial jurisdiction (if the crimes indicated are committed with the participation of a person who is not military servicemen, his/her case will also be heard by the military court).
The court on Grave Crimes hears cases related to serious and especially serious acts of crimes in accordance with the Criminal Code of the Republic of Azerbaijan within the relevant territorial jurisdiction, as well as settles the issue of handover (extradition) of the persons who have committed crimes as specified in the legislation of the Republic of Azerbaijan.
District (city) Court hears cases related to civil, criminal, administrative offenses, and other cases within the territorial district as a court of the first instance.