Plenum of the Supreme Court of the Republic of Azerbaijan
Category: Plenum of the supreme court18.02.2022 10:14
On 18 February 2022, the Plenum of the Supreme Court of the Republic of Azerbaijan was held under the Presidency of Ramiz Rzayev. The Plenum was dedicated to the one-year activity of the Supreme Court.
Opening the plenary session, the President of the Supreme Court said that a number of significant events marked the year 2021. The most important of these events is the proud celebration of the anniversary of the Great Victory by the people of Azerbaijan. Our country is under the influence of this Great Victory. Our people rightly celebrate the glorious victory with pride and great joy. Our lands, which we have longed for 30 years, were liberated from the occupation of the Armenian Armed Forces as a result of the operation “Iron Fist” under the leadership of the Supreme Commander-in-Chief in the 44-day Patriotic War and our territorial integrity has been restored.
The victory was ensured by the perfect unity - the power of our state, the strength of our army and the spirit of our people. This victory is a triumph of Azerbaijani diplomacy, economy and army. The Great Victory has great historical, political, social and international legal significance.
During the post-war period, reconstruction, construction work, large-scale reforms in all areas were expanded.
Work continued on the implementation of the Decree of the President of the Republic of Azerbaijan from 3 April 2019 "On deepening reforms in the judicial system", which was an important part of the judicial and legal reforms in 2021. In accordance with the Decree, important laws have been adopted, including the provision of electronic services during the pandemic situation and the use of modern information and communication technologies and electronic governance in court proceedings.
Speaking about the introduction of written proceedings in the framework of progressive conceptual amendments to the Code of Civil Procedure in 2021, the President of the Supreme Court noted that the written proceedings will not only increase the quality of procedural documents submitted by the parties, but also prevent unnecessary delays in court proceedings.
In 2021, coronavirus (COVID-19) infection in our country, as well as around the world, along with other areas, has not gone unnoticed in the judiciary. Based on the relevant decisions of the Cabinet of Ministers, the Supreme Court issued a statement containing recommendations on the rules of judicial conduct in a pandemic.
In 2021, the Supreme Court continued its work without interruption, despite certain restrictions due to the tenacious coronavirus infection, and some delays in the consideration of cases.
The Registry of the Supreme Court worked effectively in 2021. In order to ensure the establishment of a unified practice of application by the courts of national legislation and international law governing the protection of human rights, it has taken certain measures within its powers. In 2021, the work on generalization of the unified judicial practice in different areas was continued, and at the same time, monitoring of judicial activity on some issues was carried out. More than 200 draft legal acts on amendments and additions to the legislation were studied and analyzed, relevant opinions and proposals were prepared.
In order to strengthen the legal support of the Supreme Court in 2021, to organize the management of court cases more effectively, a new organizational structure of the Supreme Court has been formed.
In 2021, the Supreme Court received 24,148 appeals from government agencies and individual citizens, which were considered and answered accordingly.
Since the Republic of Azerbaijan acceded to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the European Court of Human Rights plays a key role for the legal system of the Republic of Azerbaijan. Today, the requirements for the work of modern courts have increased even more. In this regard, it is important that judges administering justice master the norms of international law, international standards in the field of human rights, and the practice of their application.
In 2021, the Supreme Court successfully continued its work as a member of the European Court of Human Rights' Superior Courts Network (SCN). Through this network, an information exchange platform has been established between the courts chosen by the member states of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the courts have begun to ensure the correct and uniform application of the provisions of the European Convention and the precedents of the European Court of Human Rights in the administration of justice.
The President of the Supreme Court noted that the website of the Supreme Court is constantly updated on the internet. Decisions, conferences, meetings and other information adopted by the Plenum and relevant chambers of the Supreme Court are published on this site. Through this site, every citizen and member of the media can get detailed information about the activities of the Supreme Court.
An extensive report of the Supreme Court on its activities in 2020 has traditionally been posted on the website. The planned four issues of the Bulletin of the Supreme Court in 2021 have been published. The Bulletins contain normative legal acts of the Republic of Azerbaijan on the activities of courts, decisions of the Plenum of the Supreme Court, results of generalizations on the practice of application of legislation by courts, summary letters, articles, meetings with the leadership of the Supreme Court and information on international events.
According to the amendments to the legislation in 2021, the actions subject to the state duty have been systematized and the rates of the state duty have been determined in a differential manner. An online calculator that allows accurate and automatic calculation of fees has been posted on the Supreme Court's website for easy and convenient use in practice.
In order to ensure the stability of the approach to resolving legal issues in the courts, a new case-law search engine has been established and posted on the Supreme Court's website to ensure an effective search of Supreme Court decisions as part of measures to establish a unified judicial practice.
In 2021, the Supreme Court hosted a presentation of the book "Administrative Courts in the Republic of Azerbaijan - 10 years." The book looks in detail at the history of administrative courts over the past 10 years, shows the development and achievements in this area, analyzes the activities of administrative courts and the results obtained.
The reports of the Presidents of the Chambers of the Supreme Court on the state of justice in 2021 were heard at the Plenum.
Extensive discussions and analysis were held around each report in the Plenum.
There were 14,256 cases on its docket at the Supreme Court in 2021, which is 1,859 cases (15% increase) more than in 2020. The Civil Chamber in 2021 heard 6,113 cases, which is 894 cases (an increase of 17.1%) more than compared to 2020. The Commercial Chamber heard 494 cases in 2021, which is 231 cases more than it did in 2020 (an increase of 87.8%). The Criminal Chamber considered 2,161 cases in 2021, which is 956 cases (an increase of 79.3%) compared to 2020.
On the contrary, the Administrative Chamber heard 2,150 cases in 2021, which is 80 cases fewer than in 2020 (a decrease of 3.6%).
In general, the Supreme Court received 11,314 cases in 2021, which is 1,326 cases (an increase of 13.3%) more compared to 2020. It was noted that the number of annulled court decisions also increased in 2021. Thus, in 2021, the Supreme Court annulled 2,520 decisions, which is 572 more than in 2020.
It was noted in the Plenum that in 2021, there was an increase in the number of cases heard at the Plenum of the Supreme Court. Therefore, while 16 cases were considered in the Plenum in 2020, 30 cases were heard in 2021.
Those who spoke about the reports emphasized that there was a significant qualitative change in the work of the Chambers.
The draft decision of the Plenum of the Supreme Court of the Republic of Azerbaijan on amendments to the 5th decision of the Plenum of the Supreme Court of the Republic of Azerbaijan from 15 November 2013 "On judicial practice in criminal cases on violation of traffic rules and operation of vehicles" was widely discussed. Speakers stressed the importance of ensuring the unity of judicial practice in the application of criminal law and criminal procedure in connection with the consideration of criminal cases on violations of traffic rules and operation of vehicles.
Relevant decisions were made on the issues discussed in the Plenum.
On 18 February 2022, the Plenum of the Supreme Court of the Republic of Azerbaijan was held under the Presidency of Ramiz Rzayev. The Plenum was dedicated to the one-year activity of the Supreme Court.
Opening the plenary session, the President of the Supreme Court said that a number of significant events marked the year 2021. The most important of these events is the proud celebration of the anniversary of the Great Victory by the people of Azerbaijan. Our country is under the influence of this Great Victory. Our people rightly celebrate the glorious victory with pride and great joy. Our lands, which we have longed for 30 years, were liberated from the occupation of the Armenian Armed Forces as a result of the operation “Iron Fist” under the leadership of the Supreme Commander-in-Chief in the 44-day Patriotic War and our territorial integrity has been restored.
The victory was ensured by the perfect unity - the power of our state, the strength of our army and the spirit of our people. This victory is a triumph of Azerbaijani diplomacy, economy and army. The Great Victory has great historical, political, social and international legal significance.
During the post-war period, reconstruction, construction work, large-scale reforms in all areas were expanded.
Work continued on the implementation of the Decree of the President of the Republic of Azerbaijan from 3 April 2019 "On deepening reforms in the judicial system", which was an important part of the judicial and legal reforms in 2021. In accordance with the Decree, important laws have been adopted, including the provision of electronic services during the pandemic situation and the use of modern information and communication technologies and electronic governance in court proceedings.
Speaking about the introduction of written proceedings in the framework of progressive conceptual amendments to the Code of Civil Procedure in 2021, the President of the Supreme Court noted that the written proceedings will not only increase the quality of procedural documents submitted by the parties, but also prevent unnecessary delays in court proceedings.
In 2021, coronavirus (COVID-19) infection in our country, as well as around the world, along with other areas, has not gone unnoticed in the judiciary. Based on the relevant decisions of the Cabinet of Ministers, the Supreme Court issued a statement containing recommendations on the rules of judicial conduct in a pandemic.
In 2021, the Supreme Court continued its work without interruption, despite certain restrictions due to the tenacious coronavirus infection, and some delays in the consideration of cases.
The Registry of the Supreme Court worked effectively in 2021. In order to ensure the establishment of a unified practice of application by the courts of national legislation and international law governing the protection of human rights, it has taken certain measures within its powers. In 2021, the work on generalization of the unified judicial practice in different areas was continued, and at the same time, monitoring of judicial activity on some issues was carried out. More than 200 draft legal acts on amendments and additions to the legislation were studied and analyzed, relevant opinions and proposals were prepared.
In order to strengthen the legal support of the Supreme Court in 2021, to organize the management of court cases more effectively, a new organizational structure of the Supreme Court has been formed.
In 2021, the Supreme Court received 24,148 appeals from government agencies and individual citizens, which were considered and answered accordingly.
Since the Republic of Azerbaijan acceded to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the European Court of Human Rights plays a key role for the legal system of the Republic of Azerbaijan. Today, the requirements for the work of modern courts have increased even more. In this regard, it is important that judges administering justice master the norms of international law, international standards in the field of human rights, and the practice of their application.
In 2021, the Supreme Court successfully continued its work as a member of the European Court of Human Rights' Superior Courts Network (SCN). Through this network, an information exchange platform has been established between the courts chosen by the member states of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the courts have begun to ensure the correct and uniform application of the provisions of the European Convention and the precedents of the European Court of Human Rights in the administration of justice.
The President of the Supreme Court noted that the website of the Supreme Court is constantly updated on the internet. Decisions, conferences, meetings and other information adopted by the Plenum and relevant chambers of the Supreme Court are published on this site. Through this site, every citizen and member of the media can get detailed information about the activities of the Supreme Court.
An extensive report of the Supreme Court on its activities in 2020 has traditionally been posted on the website. The planned four issues of the Bulletin of the Supreme Court in 2021 have been published. The Bulletins contain normative legal acts of the Republic of Azerbaijan on the activities of courts, decisions of the Plenum of the Supreme Court, results of generalizations on the practice of application of legislation by courts, summary letters, articles, meetings with the leadership of the Supreme Court and information on international events.
According to the amendments to the legislation in 2021, the actions subject to the state duty have been systematized and the rates of the state duty have been determined in a differential manner. An online calculator that allows accurate and automatic calculation of fees has been posted on the Supreme Court's website for easy and convenient use in practice.
In order to ensure the stability of the approach to resolving legal issues in the courts, a new case-law search engine has been established and posted on the Supreme Court's website to ensure an effective search of Supreme Court decisions as part of measures to establish a unified judicial practice.
In 2021, the Supreme Court hosted a presentation of the book "Administrative Courts in the Republic of Azerbaijan - 10 years." The book looks in detail at the history of administrative courts over the past 10 years, shows the development and achievements in this area, analyzes the activities of administrative courts and the results obtained.
The reports of the Presidents of the Chambers of the Supreme Court on the state of justice in 2021 were heard at the Plenum.
Extensive discussions and analysis were held around each report in the Plenum.
There were 14,256 cases on its docket at the Supreme Court in 2021, which is 1,859 cases (15% increase) more than in 2020. The Civil Chamber in 2021 heard 6,113 cases, which is 894 cases (an increase of 17.1%) more than compared to 2020. The Commercial Chamber heard 494 cases in 2021, which is 231 cases more than it did in 2020 (an increase of 87.8%). The Criminal Chamber considered 2,161 cases in 2021, which is 956 cases (an increase of 79.3%) compared to 2020.
On the contrary, the Administrative Chamber heard 2,150 cases in 2021, which is 80 cases fewer than in 2020 (a decrease of 3.6%).
In general, the Supreme Court received 11,314 cases in 2021, which is 1,326 cases (an increase of 13.3%) more compared to 2020. It was noted that the number of annulled court decisions also increased in 2021. Thus, in 2021, the Supreme Court annulled 2,520 decisions, which is 572 more than in 2020.
It was noted in the Plenum that in 2021, there was an increase in the number of cases heard at the Plenum of the Supreme Court. Therefore, while 16 cases were considered in the Plenum in 2020, 30 cases were heard in 2021.
Those who spoke about the reports emphasized that there was a significant qualitative change in the work of the Chambers.
The draft decision of the Plenum of the Supreme Court of the Republic of Azerbaijan on amendments to the 5th decision of the Plenum of the Supreme Court of the Republic of Azerbaijan from 15 November 2013 "On judicial practice in criminal cases on violation of traffic rules and operation of vehicles" was widely discussed. Speakers stressed the importance of ensuring the unity of judicial practice in the application of criminal law and criminal procedure in connection with the consideration of criminal cases on violations of traffic rules and operation of vehicles.
Relevant decisions were made on the issues discussed in the Plenum.
With that, the Plenum concluded its work.