Azərbaycan Respublikası Ali Məhkəməsi

THE SUPREME COURT OF THE REPUBLIC OF AZERBAIJAN

According to Article 131 of the Constitution of the Republic of Azerbaijan, the Supreme Court is the highest instance court on civil, economic, criminal, administrative offences cases and other cases previously tried by the general and specialized courts; its administrate the justice in cassation, offer explanation on judicial practice.
Supreme Court is established in the city of Baku, capital of the Republic of Azerbaijan, and its jurisdiction encompasses entire territory of the Republic of Azerbaijan. 
Supreme Court is composed of the Court President, his/her deputy, presidents of Chambers and judges. 
Judges of Supreme Court of the Republic of Azerbaijan are appointed by Milli Мajlis of the Azerbaijan Republic on recommendation of the President of the Azerbaijan Republic. (According to the order of the President of the Republic of Azerbaijan on 17 August 2006, on increasing the number of judges and the definition of the administrative jurisdiction of the courts, the number of judges of the Supreme Court was determine 38 persons) 
Supreme Court consists of the Plenary Board and Cassation Chambers. 
Chamber on Civil Cases, Chamber on Economic Dispute Cases, Chamber on Criminal Cases and Chamber on Cases of Military Courts shall be established in the Supreme Court. 
Consultative Researching Council shall function under the Supreme Court in order to draft proposals regarding proper application of legislation, improvement of legislation and other theoretical issues. 
Plenary Board of the Supreme Court entitled to: 
•    hear information reported by the presidents of the courts on the subject of judicial practice of applying the legislation of the Republic of Azerbaijan as well as information reported by the president of the Supreme Court, his/her deputy, presidents of Chambers, presidents of the courts of appeal, the NAR Supreme Court, and of other general and specialized courts on the level of administration of justice, review summaries of judicial practice and analyses of judicial statistics on cases; 
•    form chambers of the Supreme Court upon advice of the President of the Supreme Court and assign judges to different chambers; 
•    approve Charter and structure of the Consultative Researching Council under the Supreme Court upon the advice of the President of the Supreme Court; 
•    present motions before the Constitutional Court according to the Article 130 of the Constitution of the Republic of Azerbaijan; 
•    consider the motion of the President of the Republic of Azerbaijan on withdrawal of judges of the Republic of Azerbaijan subject to the Article 128 of the Constitution of the Republic of Azerbaijan and present relevant opinion to the President of the Republic of Azerbaijan within 30 days after the date of the motion; 
•    give interpretation of on the subject of judicial practice according to the Article 131 of the Constitution of the Republic of Azerbaijan;
•    try optional cassation cases upon advice of the President of the Supreme Court, protest of the Prosecutor General or complaint of the defense or cases on the subject of new circumstances or newly occurred circumstances related to violation of rights and freedoms in cases and order provided by the law; consider issues and pass decision to address Milli Majlis of the Republic of Azerbaijan with the legislative initiative subject to the Article 96 of the Constitution of the Republic of Azerbaijan; consider complaints lodged on decisions of the Judicial Legal Council in cases provided by the legislation; exercise other powers vested in it by legislation of the Republic of Azerbaijan.
Sessions of the Plenary Board of the Supreme Court shall be held at least once in three months. President of the Supreme Court preside at the Sessions Plenary Board. Presidents of the courts of appeal, the President of the NAR Supreme Court, Prosecutor General of the Republic of Azerbaijan and head of the relevant executive body participate at Sessions of the Plenary Board of the Supreme Court. Participation of the defense at the sessions of the Plenary Board of the Supreme Court during consideration of optional cassation cases or cases on the subject of new circumstances or newly occurred circumstances related to violation of rights and freedoms shall be provided. Other persons may be invited to participate at the sessions Plenary Board of the Supreme Court. 
Members of the Plenary Board and those participating at the Session shall be informed about the time and agenda of the Plenary Board 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 two thirds (2/3) of 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. Members of the Plenary Board may not be neutral in voting on the subject of court cases. The person presiding at the Plenary Board of the Court shall participate in voting along with other judges and vote in the last turn.
Other persons taking part in the work of the Plenary Board of the Supreme Court and the President of the Supreme Court shall not participate in voting on the subject of cases considered in connection with the advices presented to the Plenary Board on optional cassation cases on court judgments or cases with new circumstances. 
Plenary Board shall pass decisions on the issues considered. Decisions of the Plenary Board and minutes of the Session shall be signed by the person presiding in that session. Apparatus of the Supreme Court 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. 
Plenary Board may quash the court decisions on acquittal or decisions to terminate criminal prosecution on exculpatory bases or other decisions, on the ground that they aggravate the punishment for the convict, by two thirds (2/3) of the participants of the Session. 
Chambers of the Supreme Court considering following cases: 
•    from the decisions of the courts of appeal, on cassation appeals and cassation protests; 
•    from the decisions of the NAR Supreme Court, on cassation appeals and cassation protests; 
•    from other general and specialized courts, on cassation appeals and cassation protests; by the cassation petition of the President of the Supreme Court, in order provided by the legislation.
Chamber of the Supreme Court analyzes judicial statistics, studies and summarizes judicial practice, render methodic assistance to secure proper application of legislation by the court of the Republic of Azerbaijan and exercise other powers vested in it by legislation of the Republic of Azerbaijan. 
Supreme Court consider the cases within its jurisdiction in Cambers, in order and within the limits provided by the legislation of the Republic of Azerbaijan. 
Judge panels shall be established within Chamber in order to consider the cases. 
Presidents of the chambers manage the work of the Chambers. 
President of the Chamber of the Supreme Court: 
•    preside at the sessions of the relevant chambers of the court; direct the arrangement of the activity of the court Chamber; 
•    distribute cases and other tasks between judges according to the their workload; 
•    arrange analyzing judicial statistics and studying and summarizing of the judicial practice; 
•    obtain on demand cases in order to study and summarize of the judicial practice; 
•    report on the situation of administration of justice in chambers to the Plenary Board of the Supreme Court;  
•    render methodical assistance to courts to secure their proper application of legislation; 
•    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.
Powers of the President of the Supreme Court 
President of the Supreme Court entitled to: 
•    manage the organization of the Supreme Court 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 Supreme Court; 
•    recruit, dismiss, reward and call to disciplinary liability the Apparatus of the Supreme Court; 
•    fix the structure, staff chart and financial plan of the Apparatus of the Supreme Court; 
•    proposes the Judicial-Legal Council to reward judges of the Republic of Azerbaijan; 
•    apply to the Judicial-Legal Council for institution of disciplinary proceedings and termination of the office regarding judges of the courts of the Republic of Azerbaijan, in cases and order provided in the legislation of the Republic of Azerbaijan; 
•    obtain on demand cases from courts; 
•    lodge petition on addition cassation appeal from court judgments to the Plenary Board of the Supreme Court, in order and cases provided by the legislation; 
•    lodge petition on the ground of newly revealed circumstances to the Plenary Board of the Supreme Court, in order and cases provided by the legislation; 
•    represent the Supreme Court; 
•    summon the Sessions of the Plenary Board of the Supreme Court, 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 general and specialized courts; 
•    promote improvement of professional skills of the Supreme Court judges and Apparatus staff members; 
•    arrange analyzing judicial statistics and studying and summarizing of the judicial practice; 
•    render methodical assistance to courts to secure their proper application of legislation; 
•    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 Supreme Court: 
•    preside at the court sessions; deals with issues specified by the President of the Supreme Court; subject to the instructions of the President, exercise his/ her powers; substitute the President in case of his/ her absence or his/her failure to exercise power; 
•    exercise other powers vested in it by legislation of the Republic of Azerbaijan.