The court of appeal is a higher instance court on civil, economic, criminal and administrative offences and military courts cases. (Article 132 of the Constitution AR).
Organization, location and territorial jurisdiction the court of appeal determined according to paragraph 32 Article 109 of the Constitution of the Republic of Azerbaijan with due consideration of the proposals of the Judicial-Legal Council.
Court of appeal consists of the Plenary Board, Chamber on Civil Cases, Chamber on Economic Dispute Cases, Chamber on Criminal and Administrative Offences Cases and Chamber on Cases of Military Courts. Panels of judges shall be established in the chambers of the court of appeal in order to considired cases.
Court of appeal consists of the President of the court, his/her deputy, Presidents of the chambers and judges of the chambers.
Number of judges of the court of appeal shall be determined according to paragraph 32 Article 109 of the Constitution of the Republic of Azerbaijan.
Plenary Board of the court of appeal consists of the President of the court, his/her deputy and presidents of the chambers.
Members of the Plenary Board of the court of appeal enjoy equal rights within their competence.
Plenary Board of the court of appeal entitled to:
• form panels from the judges of the court of appeal;
• address motion regarding compliance of the legislation and other instruments with the Constitution and acts of the Republic of Azerbaijan to the Supreme Court to have it presented before the Constitutional Court of the Republic of Azerbaijan, in order provided by the legislation;
• hear information reported by the presidents of the Chambers of the court of appeal and presidents of the first instance courts within territorial jurisdiction of the relevant court of appeal on the subject of judicial practice of applying the legislation of the Republic of Azerbaijan;
• review summaries of judicial practice and analyses of judicial statistics on cases considered by the court of appeal;
• render systematical assistance to secure proper application of legislation by the first instance courts within territorial jurisdiction of the relevant court of appeal;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Sessions of the Plenary Board of the court of appeal shall be held at least once in three months. President of the court of appeal shall preside at the Sessions Plenary Board.
The representative of the prosecutor's office of the Republic of Azerbaijan and relevant executive body and other persons may be invited to Sessions of the Plenary Board of the Court.
Members of the Plenary Board shall be informed about the time and agenda of the Plenary Session no later than 10 days before the session. The drafts of the decisions and other materials shall be presented to them.
Session of the Plenary Board shall be considered effectual if there are at least three members of the Board are present.
Decisions of the Plenary Board shall be passed by majority of votes of those Board members participating in the open voting.
The person presiding at the Plenary Board of the court shall participate in voting along with other judges and vote in the last turn.
Decisions of the Plenary Board and minutes of the Session shall be signed by the person presiding in that session. Apparatus of the court of appeal shall arrange the Sessions of the Plenary Board, keep the record of the minutes and take other necessary measures to secure the implementation of the decisions of the Plenary Board.
Chambers of the Court of Appeal:
Chambers of the court of appeal examined cases previously considered by the first instance courts within territorial jurisdiction of the relevant court of appeal as the court of appeal according to the appeal request or protest against the judgments of the inferior courts.
Chamber of the court analyzes judicial statistics, studies and summarizes judicial practice, render methodic assistance to secure proper application of legislation by the first instance courts within territorial jurisdiction of the relevant court of appeal and exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Powers of the President of the Court of Appeal:
• manage the organization of the court of appeal and operation of the court secretariat; ensure observance of labor and performance discipline in the court;
• preside in court sessions, distribute cases between judges according to the their workload;
• propose the composition of the court chambers to the Plenary Board of the court of appeal;
• recruit, dismiss, reward and call to disciplinary liability the Secretariat of the court of appeal;
• fix the structure, staff chart and financial plan of the secretariat of the court of appeal;
• proposes the Judicial-Legal Council to reward judges of the court of appeal and the first instance courts within territorial jurisdiction of the relevant court of appeal;
• apply to the Judicial-Legal Council for institution of disciplinary proceedings regarding judges of the first instance courts within territorial jurisdiction of the relevant court of appeal and court of appeal, in cases and order provided in the legislation of the Republic of Azerbaijan;
• represent the court of appeal;
• summon the Sessions of the Plenary Board of the court of appeal, fix the time and agenda, preside at these sessions, sign the decisions and minutes of the Plenary Board;
• participate at the Session of the Plenary Board of the Supreme Court of the Republic of Azerbaijan, report as to the level of administration of justice in the first instance courts within territorial jurisdiction of the relevant court of appeal and the court of appeal;
• promote improvement of professional skills of the court of appeal judges and apparatus staff members;
• render methodical assistance to courts to secure their proper application of legislation;
• arrange analyzing judicial statistics and studying and summarizing of the judicial practice;
• obtain on demand cases from the first instance courts within territorial jurisdiction of the relevant court of appeal in order to study and summarize of the judicial practice;
• arrange activity of the court in the area of reception of persons, consideration of suggestions, motions and complaints;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Deputy President of the Court of Appeal:
• preside at the court sessions; deals with issues specified by the President of the court of appeal; subject to the instructions of the President, exercise his/her powers; and substitute the President in case of his/her absence or his/he failure to exercise powers;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
President of the Chamber of the Court of Appeal:
• preside at the sessions of the relevant chambers of the court; direct the arrangement of the activity of the court Chamber;
• arrange analyzing judicial statistics and studying and summarizing of the judicial practice;
• obtain on demand cases from district courts in order to study and summarize of the judicial practice;
• arrange activity of the court in the area of reception of persons, consideration of suggestions, motions and complaints;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
The Deputy President of the Court of Appeal fail to exercise his/her powers, the President of the court of appeal shall temporarily vest his/her powers in one of the Presidents of the court Chambers.
The President of the court Chamber fail to exercise his/her powers, the President of the court of appeal shall temporarily vest his/her powers in on of the judges of the court Chambers.
The court of appeal is a higher instance court on civil, economic, criminal and administrative offences and military courts cases. (Article 132 of the Constitution AR).
Organization, location and territorial jurisdiction the court of appeal determined according to paragraph 32 Article 109 of the Constitution of the Republic of Azerbaijan with due consideration of the proposals of the Judicial-Legal Council.
Court of appeal consists of the Plenary Board, Chamber on Civil Cases, Chamber on Economic Dispute Cases, Chamber on Criminal and Administrative Offences Cases and Chamber on Cases of Military Courts. Panels of judges shall be established in the chambers of the court of appeal in order to considired cases.
Court of appeal consists of the President of the court, his/her deputy, Presidents of the chambers and judges of the chambers.
Number of judges of the court of appeal shall be determined according to paragraph 32 Article 109 of the Constitution of the Republic of Azerbaijan.
Plenary Board of the court of appeal consists of the President of the court, his/her deputy and presidents of the chambers.
Members of the Plenary Board of the court of appeal enjoy equal rights within their competence.
Plenary Board of the court of appeal entitled to:
• form panels from the judges of the court of appeal;
• address motion regarding compliance of the legislation and other instruments with the Constitution and acts of the Republic of Azerbaijan to the Supreme Court to have it presented before the Constitutional Court of the Republic of Azerbaijan, in order provided by the legislation;
• hear information reported by the presidents of the Chambers of the court of appeal and presidents of the first instance courts within territorial jurisdiction of the relevant court of appeal on the subject of judicial practice of applying the legislation of the Republic of Azerbaijan;
• review summaries of judicial practice and analyses of judicial statistics on cases considered by the court of appeal;
• render systematical assistance to secure proper application of legislation by the first instance courts within territorial jurisdiction of the relevant court of appeal;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Sessions of the Plenary Board of the court of appeal shall be held at least once in three months. President of the court of appeal shall preside at the Sessions Plenary Board.
The representative of the prosecutor's office of the Republic of Azerbaijan and relevant executive body and other persons may be invited to Sessions of the Plenary Board of the Court.
Members of the Plenary Board shall be informed about the time and agenda of the Plenary Session no later than 10 days before the session. The drafts of the decisions and other materials shall be presented to them.
Session of the Plenary Board shall be considered effectual if there are at least three members of the Board are present.
Decisions of the Plenary Board shall be passed by majority of votes of those Board members participating in the open voting.
The person presiding at the Plenary Board of the court shall participate in voting along with other judges and vote in the last turn.
Decisions of the Plenary Board and minutes of the Session shall be signed by the person presiding in that session. Apparatus of the court of appeal shall arrange the Sessions of the Plenary Board, keep the record of the minutes and take other necessary measures to secure the implementation of the decisions of the Plenary Board.
Chambers of the Court of Appeal:
Chambers of the court of appeal examined cases previously considered by the first instance courts within territorial jurisdiction of the relevant court of appeal as the court of appeal according to the appeal request or protest against the judgments of the inferior courts.
Chamber of the court analyzes judicial statistics, studies and summarizes judicial practice, render methodic assistance to secure proper application of legislation by the first instance courts within territorial jurisdiction of the relevant court of appeal and exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Powers of the President of the Court of Appeal:
• manage the organization of the court of appeal and operation of the court secretariat; ensure observance of labor and performance discipline in the court;
• preside in court sessions, distribute cases between judges according to the their workload;
• propose the composition of the court chambers to the Plenary Board of the court of appeal;
• recruit, dismiss, reward and call to disciplinary liability the Secretariat of the court of appeal;
• fix the structure, staff chart and financial plan of the secretariat of the court of appeal;
• proposes the Judicial-Legal Council to reward judges of the court of appeal and the first instance courts within territorial jurisdiction of the relevant court of appeal;
• apply to the Judicial-Legal Council for institution of disciplinary proceedings regarding judges of the first instance courts within territorial jurisdiction of the relevant court of appeal and court of appeal, in cases and order provided in the legislation of the Republic of Azerbaijan;
• represent the court of appeal;
• summon the Sessions of the Plenary Board of the court of appeal, fix the time and agenda, preside at these sessions, sign the decisions and minutes of the Plenary Board;
• participate at the Session of the Plenary Board of the Supreme Court of the Republic of Azerbaijan, report as to the level of administration of justice in the first instance courts within territorial jurisdiction of the relevant court of appeal and the court of appeal;
• promote improvement of professional skills of the court of appeal judges and apparatus staff members;
• render methodical assistance to courts to secure their proper application of legislation;
• arrange analyzing judicial statistics and studying and summarizing of the judicial practice;
• obtain on demand cases from the first instance courts within territorial jurisdiction of the relevant court of appeal in order to study and summarize of the judicial practice;
• arrange activity of the court in the area of reception of persons, consideration of suggestions, motions and complaints;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Deputy President of the Court of Appeal:
• preside at the court sessions; deals with issues specified by the President of the court of appeal; subject to the instructions of the President, exercise his/her powers; and substitute the President in case of his/her absence or his/he failure to exercise powers;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
President of the Chamber of the Court of Appeal:
• preside at the sessions of the relevant chambers of the court; direct the arrangement of the activity of the court Chamber;
• arrange analyzing judicial statistics and studying and summarizing of the judicial practice;
• obtain on demand cases from district courts in order to study and summarize of the judicial practice;
• arrange activity of the court in the area of reception of persons, consideration of suggestions, motions and complaints;
• exercise other powers vested in it by legislation of the Republic of Azerbaijan.
The Deputy President of the Court of Appeal fail to exercise his/her powers, the President of the court of appeal shall temporarily vest his/her powers in one of the Presidents of the court Chambers.
The President of the court Chamber fail to exercise his/her powers, the President of the court of appeal shall temporarily vest his/her powers in on of the judges of the court Chambers.