SUPREME COURT OF THE REPUBLIC OF AZERBAIJAN
The Supreme Court of the Republic of Azerbaijan is the highest judicial system in civil, criminal, and other cases related to the jurisdiction of general and specialized courts; administers justice in cassation; provides explanations on issues of judicial practice. (Constitution of AR, Article 131).
The Supreme Court is organized in the capital of the Republic of Azerbaijan, Baku, and its jurisdiction extends to the entire territory of the Republic of Azerbaijan.
The Supreme Court includes the chairman of the Supreme Court, his deputy, chairmen, and judges of the board.
Judges of the Supreme Court of the Republic of Azerbaijan (By the decree of the president of the Republic of Azerbaijan dated August 17, 2006" on increasing the number of judges of the courts of the Republic of Azerbaijan and determining the territorial jurisdiction of the courts", the number of judges of the Supreme Court of the Republic of Azerbaijan was determined by 38 staff). The Parliament of the Republic of Azerbaijan appoints the recommendation of the president of the Republic of Azerbaijan.
The Supreme Court consists of plenum and Cassation boards.
Judicial boards on civil cases, economic disputes, criminal cases, and military courts are organized in the Supreme Court.
The Scientific Advisory Council under the Supreme Court functions in order to properly apply laws, improve legislation and prepare scientific proposals.
In the Supreme Court, a disciplinary board is organized in a composition consisting of judges.
The plenum of the Supreme Court functions in a composition consisting of the chairman of the Supreme Court, his deputy, chairmen of the board, and judges. Persons included in the plenum of the Supreme Court have equal rights within their powers.
Plenum Of The Supreme Court:
He listens to the information of the chairmen of the courts on the issues of judicial practice of the application of the legislation in the courts of the Republic of Azerbaijan and hears the reports of the chairman of the Supreme Court, his deputy, and chairmen of the board, courts of Appeal and other general and specialized courts, reviews materials on the generalization of judicial practice in cases and the analysis of judicial statistics;
According to the proposal of the chairman of the Supreme Court, he forms the composition of the boards of the Supreme Court and determines the judges on the boards;
According to the recommendation of the chairman of the Supreme Court, he approves the regulations and composition of the Scientific-Advisory Council under the Supreme Court;
In accordance with Article 130 of the Constitution of the Republic of Azerbaijan, the Constitutional Court issues a request;
In accordance with Article 128 of the Constitution of the Republic of Azerbaijan he hears the request of the president of the Republic of Azerbaijan on dismissal of judges of the Republic of Azerbaijan and submits the relevant product to the president of the Republic of Azerbaijan within 30 days after submission of the request;
In accordance with Article 131 of the Constitution of the Republic of Azerbaijan clarifies the courts on issues related to judicial practice; in cases and in the manner prescribed by law, on the basis of the presentation of the chairman of the Supreme Court, the protest of the prosecutor general of the Republic of Azerbaijan or the complaint of the defense, he shall submit additional Cassation cases or cases on new cases and newly opened cases related to violation of rights and swamps; Pursuant to Article 96 of the Constitution of the Republic of Azerbaijan, considers issues and takes decisions on appeal to the Parliament
of the Republic of Azerbaijan with legislative initiative; Accepts the oath of judges of the Republic of Azerbaijan; considers complaints against decisions of the Judicial Council in cases established by law; carries out other powers assigned to it by the legislation of the Republic of Azerbaijan.
The plenum of the Supreme Court is convened not less than once in three months. The chairman of the Supreme Court presides over the sessions of the plenum of the Supreme Court. Chairmen of the courts of Appeal, chairman of the Supreme Court of Nakhchivan Autonomous Republic, Prosecutor General of the Republic of Azerbaijan and head of the relevant executive authority take part in the sessions of the plenum of the Supreme Court. Participation of the Defense party in the Proceedings of the plenum of the Supreme Court in the additional Cassation procedure or in the consideration of cases on new cases and newly discovered cases related to violation of rights and freedoms is provided. Other persons may also be invited to the meetings of the plenum of the Supreme Court. Members of the plenum and other persons participating in the plenum are given information about the time of the convening of the plenum of the Supreme Court and issues for discussion not later than 10 days before the plenum, draft decisions and other materials are presented to them.
In the event that two-thirds of the members of the plenum of the Supreme Court participate, the meeting of the plenum is considered competent. Decisions of the plenum of the Supreme Court are adopted by a majority of votes of those participating in the voting by open voting. Members of the plenum of the Supreme Court cannot remain neutral in voting on court cases. Along with other judges presiding over the plenum of the Supreme Court, he takes part in the voting and gives the last vote. Other persons participating in the case of the plenum of the Supreme Court, as well as the chairman of the Supreme Court, in addition to court decisions, do not participate in the voting on the cases considered in connection with the Cassation procedure and the submissions made to the plenum of the Supreme Court for newly opened cases.
The Plenum makes decisions on the issues under consideration. The decisions of the plenum and the minutes of the meeting are signed by the chairman of the meeting. Carries out organizational work on the preparation of meetings of the plenum of the apparatus of the Supreme Court, appoints the conduct of the protocol, performs other necessary works for the implementation of decisions made by the plenum.
Court decisions, acquittal, court decisions on termination of criminal proceedings on acquittal grounds on grounds aggravating the condition of the convicted person may be canceled by a majority of two-thirds of the Plenum participants participating in the voting.
The following cases are considered in the boards of the Supreme Court:
To the cases on Cassation complaints and Cassation protests issued from the decisions on the cases considered by the appellate courts;
Cassation complaints and Cassation protests issued from the decisions of the Supreme Court of Nakhchivan Autonomous Republic on the cases considered by him as a court of appellate instance;
Cases on Cassation complaints and Cassation protests issued from decisions on cases considered by other general and specialized courts in cases established by law; cases on presentations made by the chairman of the Supreme Court in Cassation in the manner and in cases established by law.
Boards of the Supreme Court analyze judicial statistics, study and summarize judicial practice, render methodical assistance to courts of the Republic of Azerbaijan, exercise other powers assigned to them by the legislation of the Republic of Azerbaijan.
The Supreme Court hears cases within the competence of the Supreme Court at meetings of the collegiums in the manner and limits stipulated by the legislation of the Republic of Azerbaijan.
In judicial collegiums, judicial compositions are created to review cases.
The management of the work of judicial collegiums is carried out by the chairmen of the collegiums.
Chairman of the Supreme Court board:
Presides at the meetings of the relevant judicial collegium, heads the organization of the work of the judicial collegium;
Taking into account the volume and number of cases, it distributes the work and other duties between judges;
Organizes the work of analysis of forensic statistics, the study and generalization of judicial practice;
Requires cases from the courts in connection with the study and generalization of judicial practice;
The plenum of the Supreme Court provides information on the status of justice in the collegiums;
Provides methodological assistance to courts for the correct application of legislative acts;
Organizes the work of the collegium in the field of reception, consideration of proposals, applications and complaints of persons;
Carries out other powers assigned to it by the legislation of the Republic of Azerbaijan.
The powers of the chairman of the Supreme Court include:
Chairman of the Supreme Court: supervises the organization of the work of the Supreme Court and the work of its secretariat, establishes compliance with Labor and executive discipline in the Supreme Court;
He presides over the meetings of the Supreme Court collegiums, distributes cases and other duties between the collegiums;
Makes proposals to the plenum of the Supreme Court on determining judges of the Supreme Court on collegiums;
Solves issues of recruitment and dismissal of employees of the Supreme Court Secretariat, their remuneration and punishment in a disciplinary manner;
Determines the structure, staff schedule, cost estimates of the Supreme Court Secretariat;
Offers to the judicial-legal Council on awarding judges of the Republic of Azerbaijan;
In cases and in the manner prescribed by the legislation of the Republic of Azerbaijan, appeals to the Court-Law Council on bringing judges of the courts of the Republic of Azerbaijan to disciplinary responsibility, as well as termination of their powers;
Demands work from the courts;
In cases and in the manner prescribed by law, he makes presentations from court decisions to the plenum of the Supreme Court in the manner of additional Cassation;
Submits presentations to the plenum of the Supreme Court on newly opened cases in cases and order established by law;
Represents the Supreme Court;
He calls the meetings of the plenum of the Supreme Court, determines its timing, agenda and presides over these meetings,
Signs the decisions of the plenum and the minutes of the meeting;
Gives information on the state of justice in general and specialized courts of the Republic of Azerbaijan in the plenum of the Supreme Court;
Organizes the work to increase the qualification of judges and staff of the Supreme Court;
Organizes the work of analysis of forensic statistics, the study and generalization of judicial practice;
Provides methodological assistance to the courts for the correct application of legislative acts; organizes the work of the court in the field of reception of persons, consideration of proposals, applications and complaints;
Carries out other powers assigned to it by the legislation of the Republic of Azerbaijan.
Deputy chairman of the Supreme Court:
Presides over court hearings, resolves issues established by the chairman of the Supreme Court, exercises his individual powers on the instructions of the chairman, replaces him in the absence of the chairman or in the absence of his duties;
Carries out other powers assigned to it by the legislation of the Republic of Azerbaijan.