About the measures necessary to be taken in the courts to prevent the spread of coronavirus (COVID-19) infection in the Republic of Azerbaijan RESOLUTION Of Plenum of the Supreme Court of the Republic of Azerbaijan

About the measures necessary to be taken in the courts to prevent the spread of coronavirus (COVID-19) infection in the Republic of Azerbaijan

RESOLUTION

Of Plenum of the Supreme Court of the Republic of Azerbaijan

No. 06

    April 23, 2020

Plenary session of the Supreme Court of the Republic of Azerbaijan, guided by Articles 4, 11, 12, 25 of the Law of the Republic of Azerbaijan “On Sanitary and Epidemiological Safety” and Article 79 of the Law of the Republic of Azerbaijan “On Courts and Judges”, taking into account recommendations of the World Health Organization and the Operational Headquarters under the Cabinet of Ministers of the Republic of Azerbaijan regarding the prevention of the spread of coronavirus (COVID-19) infection in the Republic of Azerbaijan, as well as the appeals of citizens and participants of the process

DECIDED:

     1. It should be recommended to all courts of the Republic of Azerbaijan:

1.1. Consideration of other cases in the proceedings should be suspended temporarily except for cases to be considered urgently or do not require court hearings (selection, extension, change, repeal of restrictive measures, cases of administrative detention, appeals in the execution of a judgment or other final decision of the court when necessary, taking measures to secure the claim, order proceedings, simplified proceedings on minor claims, special proceedings on some categories, etc.);

1.2. The opportunities to consider cases considered in administrative judicial proceedings without conducting an oral judicial hearing (oral hearings) should be used, taking into account the requirements of Article 16 of the Administrative and Processual Code of the Republic of Azerbaijan;

1.3 The opportunities to conduct court proceedings on civil cases and commercial disputes via the “Electronic court” information system should be used, taking into account the requirements of the Civil and Processual Code of the Republic of Azerbaijan.

1.4. Criminal cases against the accused persons about whom pre-trial detention was selected during the pre-trial proceedings should be accepted for court proceedings.

2. Other necessary issues that stem from the recommendations of the Operational Headquarters under the Cabinet of Ministers regarding the work regime of judges and court staff should be resolved.

3. The reception of citizens should be suspended in all courts, the reception should be held only by telephone, mobile and internet communication. Individuals and legal entities should be recommended to send their applications, as well as appeals and cassation complaints to the courts by mail or electronically.

    4. The current Plenum decision is in force from April 20, 2020 to May 4, 2020.

   Ramiz Rzayev Chairman of the Supreme Court of

   the Republic of Azerbaijan