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

of August 27, 2004

About compliance of provision of article 398.1.1 of the Code of the Azerbaijan Republic about administrative offenses "... emergence of person in public places in humiliating for advantage of the person and offensive for drunk public morals" to article 28 of part II of Article 71 and article 80 of the Constitution of the Azerbaijan Republic

Name of the Azerbaijan Republic

Plenum of the Constitutional Court of the Azerbaijan Republic as a part of F. Abdullaev (chairman), B. Garibova (judge-speaker), R. Gvaladze, E.Mamedova, I. Nadzhafova and A. Sultanova,

with participation of the secretary of I. Ismaylov,

agents of the parties according to the procedure of the constitutional judicial production chief of staff of the Commissioner for Human Rights of the Azerbaijan Republic (Ombudsman) R. Ragimova, the employee of the Device Millie of Majlis of the Azerbaijan Republic S. Mamedov,

according to part III of article 130 of the Constitution of the Azerbaijan Republic considered on proceeding in open court according to the procedure of the constitutional judicial proceedings, the constitutional case on request of the Commissioner for Human Rights of the Azerbaijan Republic of June 28, 2004, No. 1/3485-04 about compliance of provision of article 398.1.1 of the Code of the Azerbaijan Republic about administrative offenses "... emergence of person in public places in humiliating for advantage of the person and offensive for drunk public morals" to Article 28to parts II of Article 71 and article 80 of the Constitution of the Azerbaijan Republic.

Having heard the report of the judge B. Garibov, performance of agents of the parties in R. Ragimov and S. Mamedov's constitutional judicial proceedings, having studied and having discussed materials of the constitutional case, the Plenum of the Constitutional Court of the Azerbaijan Republic ESTABLISHED:

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