of December 13, 2005
About check of compliance of court resolutions of the Constitution and to the laws of the Azerbaijan Republic according to H.I.Gasymov'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, R. Gvaladze, E.Mamedova (judge-speaker), I. Nadzhafova, S. Salmanova and A. Sultanov,
with participation of the court secretary I. Ismaylov,
applicant H.I.Gasymov and his representative A. Bagirov,
defendant representative of Appeal Court of the Azerbaijan Republic N. Nasibov,
according to part V of article 130 of the Constitution of the Azerbaijan Republic Hanlara Idris to ogl considered in proceeding in open court according to the procedure of the constitutional legal proceedings the constitutional case on check of compliance of court resolutions of the Constitution and the laws of the Azerbaijan Republic on Gasymov's claim.
Having heard on case the report of the judge E.Mamedov, the applicant's performance in the constitutional judicial proceedings of H.Gasymov, his representative A. Bagirov, the defendant's representative N. Nasibov and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic Established:
L. Shikhlinskaya 15.07.2004, having filed the action for declaration in Sabailsky district court concerning several defendants, asked to recognize their right to housing lost, to evict from them the occupied apartments and houses and to stop their lease agreements.
The judicial sessions appointed with respect thereto were repeatedly postponed and postponed to other days.
The petition of H.Gasymov who is one of defendants for the direction of civil case on cognizance in district court at the place of residence was left determination of court of 24.03.2005 without satisfaction. The petition for appeal of H.Gasymov made about this determination was not satisfied with determination of Sabailsky district court of 28.03.2005.
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