LAW OF THE AZERBAIJAN REPUBLIC

of November 29, 2019 No. 1712-VQD

About modification of the Administrative Procedure Code of the Azerbaijan Republic

Being guided by Item 6 of part I of article 94 of the Constitution of the Azerbaijan Republic, Millie decides Majlis of the Azerbaijan Republic:

Article 1

In the Administrative Procedure Code of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2009, No. 10, Article 762, No. 12, Article 973; 2010, No. 7, Article 587; 2011, No. 6, Article 485, No. 7, Article 593; 2012, No. 5, Article 410; 2013, No. 1, Article 16, No. 11, Article 1267; 2016, No. 1, Article 12; 2017, No. 4, Article 522, No. 5, Article 752, No. 11, Article 1976; 2018, No. 5, Articles 855, 878, No. 7, book I, Article 1440; 2019, No. 1, Article 23, No. 7, Article 1199) to make the following changes:

1.1. Add with Article 29-1 of the following content:

"Article 29-1. Judicial examination

In case of regulation of the questions connected with judicial examination in production of administrative court relevant provisions of the Code of civil procedure of the Azerbaijan Republic are applied.";

1.2. Exclude Article 98.2-98.6;

1.3. Add with Article 98-1 of the following content:

"Article 98-1. Ensuring unity of court practice on application of the right in production of court of cassation instance

98-1.1. If the judicial structure of the Supreme Court when considering the case in cassation procedure considers necessary application of the approach different from the legal line item established by the decision passed earlier by other judicial structure of the Supreme Court or if the judicial structure of the Supreme Court agrees with motivation in the judgment of appellate instance about need of application of the approach contradicting explanations of the Plenum of the Supreme Court concerning court practice, then for the purpose of ensuring unity of court practice on application of the right this controversial legal issue is considered as a part of all judges entering into administrative board of the Supreme Court.

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