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

of February 15, 2005

About compliance of the resolution of judicial board on civil cases of the Supreme Court of the Azerbaijan Republic of March 3, 2004 to the Constitution and the laws of the Azerbaijan Republic according to the claim A.A. Mamedjyarova

Name of the Azerbaijan Republic

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

with participation of the court secretary I. Ismaylov,

applicant A. Mamedjyarov

according to part V of article 130 of the Constitution of the Azerbaijan Republic considered in proceeding in open court according to the procedure of the constitutional judicial proceedings the constitutional case on compliance of the resolution of judicial board on civil cases of the Supreme Court of March 3, 2004 on civil case in G. Gamdamov's claim of the Constitution and the laws of the Azerbaijan Republic.

According to the letter No. 2n-14 of the vice-chairman of the Supreme Court of the Azerbaijan Republic of January 13, 2005, the constitutional case was considered without participation of the representative of defendant.

Having heard the report of the judge F. Babayev, performance of the applicant A. Mamedjyarov on case, having considered and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic ESTABLISHED:

The resolution of judicial board on civil cases of the Supreme Court of the Azerbaijan Republic of March 3, 2004, the decision of judicial board on civil cases of Appeal Court of the Azerbaijan Republic of October 30, 2003 in A. A. Mamedjyarov's claim to G. Gamdamov for eviction from the apartment was cancelled and the enforcement proceeding on case is stopped.

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