Regular Plenary Session of the Supreme Court of the Republic of Azerbaijan presided over Ramiz Rzayev was held on June 24, 2013.
At the opening of the Plenary Session the President of the Supreme Court Ramiz Rzayev said that after the restoration of the independence of Azerbaijan new occasions formed in accordance with the requirements of the market economy, a number of cases in the field of banking and credit went up considerably, scope of application of the mortgage law which regulating that occasions expanded, role of the court in solution of disputes increased.
At the Plenary Session “experience of the application of legislation on mortgage by the courts” have been widely discussed and analyze were carried out.
It has been established that the courts properly applied the law on the mortgage. However, in some cases in determining the basis of the mortgage by the courts, the conduct of its registration, through the payment of the mortgage debt secured by the mortgage, as well as the resolution of disputes arising from the enforcement of the law in this field are not carried out properly.
At the Plenary Session an appropriate decision was made to overcome the errors on the application of the legislation on mortgage, to ensure the application of the law in the same manner and in order to create an equable court experience in this field.
At The Plenary Session the President of the Baku Administrative-Economical Court No1 and the President of the Baku Military Court reported on fulfillment of administration of justice in 2012. An extensive discussion was held on above-mentioned information at the Plenary Session.
The reporters have noted the progress in the work of that Courts in 2012. Whether in the Baku Administrative-Economical Court No1, as well as in the Baku Military Court the number of cases heard in 2012, compared with the same period of 2011 increased. Although the courts follow the legislation in their work, they are some violations.
Certain civil cases also heard at the plenary session.
The Plenary Session have made decisions on the discussed issues and heard cases.
Civil Case Heard by the Plenary Session of the Supreme Court of the Republic of Azerbaijan on June 24, 2013
Plaintiff Haciyeva Sevinc Oktay was initially claimed “demolition of unlawful building, restoration and providing to use of the property rights” against Alekperov Elcin Bashir, Azizbekov District Executive Power, third parties the Baku Department of the State Registry Service of Real Estate of the Republic of Azerbaijan and the State Land and Cartography Committee of the Republic of Azerbaijan. Alekperov Elcin Bashir has counterclaimed “compensation for the termination of the right of controversial home” against Haciyeva Sevinc Oktay. The civil case heard on the basis of the Alekperov Elcin Basir’s application on a review of the court decisions that came into force according the newly discovered facts. The application has been provided and the judgement of October 21, 2010 of the Civil Board of the Supreme Court of the Republic of Azerbaijan, the judgement of June 09, 2010 of the civil board of the Baku Appeal Court, and the judgement of May 04, 2009 of the Azizbekov District Court were quashed and it was decided to send the case to the Xazar District Court for review.
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