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

of July 18, 2005

About interpretation of article 333.1 of the Criminal code 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), F. Babayev, R. Gvaladze, B. Garibov, E.Mamedov, S. Salmanova, A. Sultanov and I. Nadzhafova (judge-speaker),

with participation of the court secretary I. Ismaylov,

legal representatives of the interested subjects, lord justices of appeal of the Azerbaijan Republic Sh.Yu.Yusifov and M. N. Tagizade, the assistant manager department of the Administrative and military legislation of the Device of Millie of Majlis of the Azerbaijan Republic of S. Mamedov,

expert-head of the department of the criminal law of the Baku state university, doctor of jurisprudence, professor F.Samandarov,

according to part IV of article 130 of the Constitution of the Azerbaijan Republic considered according to the procedure of special constitutional proceeding the constitutional case in connection with the appeal of Appeal Court of the Azerbaijan Republic of May 25, 2005 about interpretation of provisions of article 333.1 of the Criminal Code of the Azerbaijan Republic.

Having heard and having discussed the report of the judge I. Nadzhafov, performance of legal representatives of the interested subjects in special constitutional proceeding Sh.Yu.Yusifov and S. Mamedov, the conclusion eksperta-F.Samandarova, the Plenum of the Constitutional Court of the Azerbaijan Republic ESTABLISHED:

According to article 333.1 of the Criminal code of the Azerbaijan Republic (dalee-UK), unauthorized leaving of military unit or the duty station, and equally in absence in time without valid excuse on service lasting over three days, but no more than ten days or, though less than three days, but repeatedly within six months, made by the serviceman undergoing military service are the reason of attraction of this person to criminal liability.

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