Azərbaycan Respublikası Ali Məhkəməsi

Principles of giving of the complaint as the additional cassation in Plenum of the Supreme Court on decisions of Board on Civil cases.
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 422. Re-hearing of cassational decision

Decisions of judicial board for civil cases and judicial board for cases relating to economic disputes of the Supreme Court of the Azerbaijan Republic may be re-heard, upon recommendation, objection or protest, in additional cassational order in the Plenumof the Supreme Court of the Azerbaijan Republic.

Article 423. Right to submit recommendation, complaint and protest

Chairman of the Supreme Court of the Azerbaijan Republic shall, upon appeal of persons not involved in case whose interests are touched upon by court act, have a right to give recommendation in respect of decisions of judicial board for civil cases and judicial board for cases relating to economic disputes of the Supreme Court of the Azerbaijan
Republic. Complaint may be submitted by person participating in case with attorney. Prosecutor General of the Azerbaijan Republic shall have a right to file protest in the event relevant prosecutor has served in the course of court examination as claimant or petitioner in circumstances specified in Articles 50 and 306 of this Code.

Article 424. Grounds for review of case by the Plenum of Supreme Court of the Azerbaijan Republic

424.1 The Plenum shall hear cases relating exceptionally to legal matters.

424.2 The followings shall be grounds for repeal of cassational decisions:

424.2.1 where decision of court of cassational instance has been issued on the basis of legal norm found by the Constitutional Court of the Azerbaijan Republic to be nonconforming with the Constitution of the Azerbaijan Republic;

424.2.2 where court of cassational instance has resolved matters relating to rights and obligations of persons not involved in case and resulting in violation of their rights;

424.2.3 where there do not exist grounds of motives referred to in decision of court of cassational instance;

424.2.4 where resolution part of decision of court of cassational instance contradicts its descriptive part and part relating to grounds for issuance of such decision.

Article 425. Content of recommendation, protest and complaint

Recommendation, protest or complaint shall conform to the requirements contemplated in Article 361 of this Code.

Article 426. Sending of recommendation, protest or complaint

426.1 Chairman of the Supreme Court of the Azerbaijan Republic shall, in the event of presence of grounds, send recommendation, protest or complaint together with case to the Plenum of the Supreme Court of the Azerbaijan Republic.

426.2 Recommendation, protest or complaint may be filed by boards of the Supreme Court of the Azerbaijan Republic within 2 months of issuance of decision.

426.3 Copy of recommendation, protest or complaint shall be sent to persons participating in case.

Article 427. Withdrawal of recommendation, protest or complaint

427.1 Person filing recommendation, protest or complaint shall have right to withdraw it.

427.2 Withdrawal of recommendation, protest or complaint shall result in termination of proceeding in the Plenum of the Supreme Court of the Azerbaijan Republic.