RESOLUTION OF THE PLENUM OF THE CONSTITUTIONAL COURT OF THE AZERBAIJAN REPUBLIC

of July 23, 2004

About compliance of the decision of Judicial Board on civil cases of the Supreme Court of the Azerbaijan Republic of November 5, 2003 to the Constitution and the laws of the Azerbaijan Republic in connection with T. N. Rafiyev's claim

Name of the Azerbaijan Republic

Plenum of the Constitutional Court of the Azerbaijan Republic as a part of F. Abdullaev (chairman), F. Babayeva, B. Garibov, E.Mamedov, I. Nadzhafova (judge-speaker), S. Salmanova and A. Sultanov,

with participation of the court secretary I. Ismaylov,

applicant Rafiyev Tofiga Nadzhaf Oglou,

experts-heads of legal department of the Ministry of Defence of the Azerbaijan Republic R. Ramazanov, head of legal department of the State Customs Committee of the Azerbaijan Republic S. Mukhtarov, head of department of the Device Millie of Majlis of the Azerbaijan Republic N. Aliyev, director of the department of Provision of pensions of the State Social Security Fund of the Azerbaijan Republic U. Murshudov and chief economist of the State Social Security Fund T. Mamedov

according to part V of article 130 of the Constitution of the Azerbaijan Republic Nadzhaf Oglou about compliance of the decision of Judicial Board on Civil Cases of the Supreme Court of the Azerbaijan Republic of November 5, 2003 to the Constitution and the laws of the Azerbaijan Republic considered on proceeding in open court according to the procedure of the constitutional judicial proceedings the constitutional complaint case of Rafiyev Tofiga.

According to the letter of the chairman of the Supreme Court of the Azerbaijan Republic of July 8, 2004 No. 6K, the constitutional case was considered without participation of the representative of defendant.

Having heard the report of the judge I. Nadzhafov, performance of the applicant and the expert opinion - R. Ramazanova, S. Mukhtarov, N. Aliyev, U. Murshudov, T. Mamedov, having studied and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic ESTABLISHED:

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