Azərbaycan Respublikası Ali Məhkəməsi

Principles of giving of the appeal in Board of the Supreme Court on Civil cases and Economic Disputes.

THE CIVIL PROCEDURAL CODE OF THE AZERBAIJAN REPUBLIC

Article 67. Obligatory participation of advocate

In courts of cassational instance, upon making of additional cassational complaints from
acts of court, re-hearing of case further to newly established circumstances, persons
participating in case shall act in court only if accompanied by an advocate.

Article 402. Right to submit cassational complaint

There may be submitted cassational complaint against resolutions and rulings of board
for civil cases of the Appellate Court of the Azerbaijan Republic, the Economic Court of
the Azerbaijan Republic and the Supreme Court of Nakhchivan Autonomous Republic.

Article 403. Right of appeal with cassational complaint

403.1 Parties, third parties, and petitioners and interested persons in respect of special
proceeding cases may submit complaint against entered into legal force resolutions and
rulings of court of appellate instance.

403.2 Chairman of the Supreme Court of the Azerbaijan Republic may give
recommendation in respect of entered into legal force resolution and ruling of court of
appellate instance on the basis of application of persons not involved in case whose
interests are touched upon by court act.

403.3 Prosecutor shall, in the event he is a claimant or petitioner in the course of court
examinations, have the right to file protest in cases specified in Articles 50 and 306 of
this Code.

403.4 Prosecutor_ s protest shall be a complaint filed by him to a court of cassational
instance in respect of case where he participates, and shall be equivalent of cassational
complaint by its legal nature and legal consequences.

Article 404. Court hearing case on cassation

404.1 Complaint on cassation against resolutions and rulings of courts of appellate
instance may be submitted to the following courts:

404.1.1 to judicial board for civil cases of the Supreme Court of the Azerbaijan Republic
_ against resolutions and rulings of the Appellate Court of the Azerbaijan Republic and
appellate board for civil cases of Nakhchivan Autonomous Republic;

404.1.2 to judicial board for cases relating to economic disputes of the Supreme Court of
the Azerbaijan Republic - against resolutions and rulings of the Economic Court of the
Azerbaijan Republic.

404.2 Cassational complaint relating to matter of jurisdiction may be heard by mixed
composition of judges being members of board for civil cases and economic disputes.

Article 405. Period for submission of cassational complaint

405.1 Cassational complaint may be submitted within 3 months of issuance of resolution
or ruling by court of appellate instance.

405.2 This period shall be calculated starting from time of giving to a party of resolution
or ruling by court of appellate instance.

Article 406. Procedure for submission of cassational complaint

406.1 Cassational shall be submitted in written form via court of appellate instance.

406.2 In the event cassational complaint is submitted directly to court of cassational
instance, then this court shall send the complaint to court of appellate instance for the
purposes of fulfilment of requirements stipulated in Articles 407-409 of this Code.

Article 407. Content of cassational complaint

407.1 Cassational complaint shall contain the following information:

407.1.1 name of court where complaint is filed;

407.1.2 last name, first name, middle name, place of employment, place of residence or
place of location of person filing complaint, and his procedural position in a case;

407.1.3 name of court issuing court act against which complaint is filed, date of issuance
of act, subject-matter of dispute;

407.1.4 demands of person filing complaint, composition of correct application of
material and procedural norms of law;

407.1.5 list of documents appended to a complaint.

407.2 Reference in cassational complaint to proof of case circumstances, to nondiscovery
of significant factual circumstances important for court-reached conclusion, or
to non-conformity of case conclusions reflected in resolution or ruling to a case_ s
factual circumstances shall not be permitted.

407.3 Complaint shall be signed by person filing complaint, his legal representative or
representative. Complaint submitted by legal representative or representative shall be
appended with document confirming their authorities.

407.4 Proofs confirming payment of state duty shall be appended to complaint.