Azərbaycan Respublikası Ali Məhkəməsi


Plenum of the Supreme Court 31.03.2011

Category: Plenum of the supreme court 31.03.2011 12:35
  • The next Plenum session of the Supreme Court of the Azerbaijan Republic chaired by Mr. Ramiz Rzayev took place on March 31, 2011.

    Opening Plenum session, the Chairman of the Supreme Court Mr. Ramiz Rzayev noted that the physical and legal bodies have a right to address the court for the purpose of protection human rights and freedoms, and other offenses which are provided by the legislation.

    The application can be left unconsidered only on a court decision and in order established by law. To leave the statement unconsidered in the stage of its acceptance or preparation for the consideration in court is forbidden by law.
    Stating the viewpoint of the European Court of Human Rights, related with given issue, Chairman of the Supreme Court emphasized that “right of fair court” which is fixed in article 6 of “Convention for the Protection of Human Rights and Fundamental Freedoms”, includes requirements to consider the case for the certain term and to avoid unreasonable delays and tailing.

    The issue “about the experience of application of the legislation concerning the abandonment of the statements unconsidered by courts” also was discussed on Plenum. 

    It was defined that the courts basically in correct form apply concrete norms of Civil - Remedial Code of the Azerbaijan Republic concerning the abandonment of the statements unconsidered. Along with it, in connection with the abandonment of the application unconsidered by courts there are also cases which have some lacks of concrete character in sphere of judicial protection of the rights and legitimate interest of citizens and legal persons.

    Decision on making concrete recommendations to courts concerning the correct and identical application of norms of the legislation in sphere of abandonment of applications unconsidered, and also for the purpose of maintenance of forming of unit practice of court in the given sphere was accepted on Plenum. 

    Concrete civil cases were considered on Plenum.

    Plenum made concrete decisions concerning the considered cases.
     




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