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

of February 3, 2005

About compliance of the resolution of Judicial board on civil cases of the Supreme Court of the Azerbaijan Republic of June 4, 2004 to the Constitution and the laws of the Azerbaijan Republic in connection with N.F.Nurulov and Z.Z.Nurulova's claim

Name of the Azerbaijan Republic

Plenum of the Constitutional Court of the Azerbaijan Republic as a part of F. Abdullaev (chairman), A. Sultanova, F. Babayeva (judge-speaker), R. Gvaladze of E.Mamedov, I. Nadzhafov and S. Salmanova,

with participation of the court secretary I. Ismaylov,

the applicant N.F.Nurulov and the representative Z.Z.Nurulova of A. Mamedov considered in proceeding in open court according to part V of article 130 of the Constitution of the Azerbaijan Republic according to the procedure of the constitutional judicial proceedings the constitutional complaint case of N.F.Nurulov and Z.Z.Nurulova about compliance of the resolution of Judicial board on civil cases of the Supreme Court of the Azerbaijan Republic of June 4, 2004 to the Constitution and the laws of the Azerbaijan Republic.

Based on the letter of the vice-chairman of the Supreme Court of the Azerbaijan Republic of January 13, 2005 for No. 2n-15 the constitutional case was considered without participation of the representative of defendant.

Having heard the report of the judge F. Babayev, speech of the representative A. Mamedov, having studied and having discussed case papers, the Plenum of the Constitutional Court ESTABLISHED:

Claimants Nail and Zeytuna Nurulovy took a legal action with the action for declaration about eviction from the apartment to the address the city of Baku, the settlement of Patamdar, Ulitsa Myaktabli, the yard 6017, the house 14, the apartment 14, received by them based on the decision No. 1886 of June 13, 1994 of Executive Committee of Council of People's Deputies of Sabailsky district, displaced persons from the Zangelansky district Magerramova Ali Mukhtar ogla and the members of his family who occupied their apartment in 1996 during their departure to the city of Kazan to visit the sick grandmother.

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