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Judiciary of Azerbaijan
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Judiciary of Azerbaijan
The Judiciary of Azerbaijan exercises judicial power in Azerbaijan. Although the Azerbaijan constitution nominally guarantees judicial independence, the executive firmly controls prosecutors and judges. Judges and prosecutors collaborate in Azerbaijan to repress political opponents.
The Azerbaijan constitution holds that state power in the Republic of Azerbaijan is formed on the principle of separation of powers whereby legislative power is implemented by the Parliament, executive power is vested in a President of Azerbaijan, and judicial power is administered by courts.
The Constitutional Court is composed of 9 judges appointed by Parliament of the Azerbaijan Republic upon the recommendation of the President of Azerbaijan. Generally, a citizen of Azerbaijan having voting right, higher juridical education and at least 5-year working experience in the sphere of law can be a judge of all courts including the Constitutional Court. The judges is elected for a period of fifteen years. They cannot be elected again. The terms of office of judges expire when they reach the age of 70. However, a judge reached the age of 70 continue to hold office until replaced. The judges of Constitutional Court are independent and only act in accordance with the Constitution and laws of the Republic of Azerbaijan. Additionally, the judges of Constitutional Court enjoy immunity.
The primary purposes of the Constitutional Court are to realize the supremacy of the Constitution and protect the human rights of all persons. Everyone who claims to be the victim of a violation of his (her) rights or liberties by a decision of the legislative, executive and judiciary or by one of the municipal acts may appeal to the Constitutional Court of the Republic of Azerbaijan with the view of the restoration of his (her) breached human rights and liberties. Judgments of the Constitutional Court are compulsory within the territory of Azerbaijan.
The Supreme Court is the highest instance (ultimate appeal) court on civil (including administrative and economic disputes), criminal, administrative offences cases and other cases previously tried by the general and specialized courts. The Supreme Court is located in Baku and its jurisdiction applies to the whole territory of the country. Following the issuance, all judgments of the Court are disseminated electronically within one month.
Number of judges of the Supreme Court is determined by the Judicial Legal Council. The parliament elects the judges upon the recommendation of the President. The judges of all courts including the Supreme Court are independent and only act at the Constitution and laws of the Azerbaijan Republic. Besides, the judges of Supreme Court have the right of immunity.
The Supreme Court comprises the Plenary Body and Cassation Chamber. The Court is composed of the President of the Supreme Court, vice-president, Presidents of the Boards and judges. The Court creates civil, administrative-economic, criminal and military sections. Consultative Research Council with the Court functions with the purpose of proper application of legislation, improvement of legislation and preparation of the scientific proposals. The Court has right to submit drafts of laws or resolutions submitted for consideration by Parliament.
Appeal court is a higher instance court on civil, administrative and economic disputes, criminal cases and administrative violations. Court of Appeal consists of the Plenary Board, civil panel, administrative-economic panel, criminal panel and military panel. Panels of judges are created at the Boards of the Court of Appeal to deal with the cases. Court of Appeal consists of the President of the court, vice-president, Presidents of the Boards and judges of the chambers. Number of judges of the Court of Appeal is determined by the Judicial-Legal Council. Plenary Board of the Court of Appeal consists of the President of the Court, vice-president and Presidents of the chambers. Members of the Plenary Board of the Court have equal rights within their competence. There are six Courts of Appeal in Azerbaijan:
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Judiciary of Azerbaijan
The Judiciary of Azerbaijan exercises judicial power in Azerbaijan. Although the Azerbaijan constitution nominally guarantees judicial independence, the executive firmly controls prosecutors and judges. Judges and prosecutors collaborate in Azerbaijan to repress political opponents.
The Azerbaijan constitution holds that state power in the Republic of Azerbaijan is formed on the principle of separation of powers whereby legislative power is implemented by the Parliament, executive power is vested in a President of Azerbaijan, and judicial power is administered by courts.
The Constitutional Court is composed of 9 judges appointed by Parliament of the Azerbaijan Republic upon the recommendation of the President of Azerbaijan. Generally, a citizen of Azerbaijan having voting right, higher juridical education and at least 5-year working experience in the sphere of law can be a judge of all courts including the Constitutional Court. The judges is elected for a period of fifteen years. They cannot be elected again. The terms of office of judges expire when they reach the age of 70. However, a judge reached the age of 70 continue to hold office until replaced. The judges of Constitutional Court are independent and only act in accordance with the Constitution and laws of the Republic of Azerbaijan. Additionally, the judges of Constitutional Court enjoy immunity.
The primary purposes of the Constitutional Court are to realize the supremacy of the Constitution and protect the human rights of all persons. Everyone who claims to be the victim of a violation of his (her) rights or liberties by a decision of the legislative, executive and judiciary or by one of the municipal acts may appeal to the Constitutional Court of the Republic of Azerbaijan with the view of the restoration of his (her) breached human rights and liberties. Judgments of the Constitutional Court are compulsory within the territory of Azerbaijan.
The Supreme Court is the highest instance (ultimate appeal) court on civil (including administrative and economic disputes), criminal, administrative offences cases and other cases previously tried by the general and specialized courts. The Supreme Court is located in Baku and its jurisdiction applies to the whole territory of the country. Following the issuance, all judgments of the Court are disseminated electronically within one month.
Number of judges of the Supreme Court is determined by the Judicial Legal Council. The parliament elects the judges upon the recommendation of the President. The judges of all courts including the Supreme Court are independent and only act at the Constitution and laws of the Azerbaijan Republic. Besides, the judges of Supreme Court have the right of immunity.
The Supreme Court comprises the Plenary Body and Cassation Chamber. The Court is composed of the President of the Supreme Court, vice-president, Presidents of the Boards and judges. The Court creates civil, administrative-economic, criminal and military sections. Consultative Research Council with the Court functions with the purpose of proper application of legislation, improvement of legislation and preparation of the scientific proposals. The Court has right to submit drafts of laws or resolutions submitted for consideration by Parliament.
Appeal court is a higher instance court on civil, administrative and economic disputes, criminal cases and administrative violations. Court of Appeal consists of the Plenary Board, civil panel, administrative-economic panel, criminal panel and military panel. Panels of judges are created at the Boards of the Court of Appeal to deal with the cases. Court of Appeal consists of the President of the court, vice-president, Presidents of the Boards and judges of the chambers. Number of judges of the Court of Appeal is determined by the Judicial-Legal Council. Plenary Board of the Court of Appeal consists of the President of the Court, vice-president and Presidents of the chambers. Members of the Plenary Board of the Court have equal rights within their competence. There are six Courts of Appeal in Azerbaijan: