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

of February 4, 2005

About compliance of the resolution of Judicial board on civil cases of the Supreme Court of the Azerbaijan Republic of February 5, 2004 to the Constitution and the laws of the Azerbaijan Republic in connection with S. Mamedov and S. Mamedova'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 (judge-speaker), E.Mamedova, I. Nadzhafova, S. Salmanova and A. Sultanov,

with participation of the court secretary I. Ismaylov,

applicant Salman Mamedov and his representative A. Gabilov

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 complaint case of Salman and Samai Mamedov about compliance of the resolution of Judicial board on civil cases of the Supreme Court of the Azerbaijan Republic of February 5, 2004 to the Constitution and the laws of the Azerbaijan Republic.

The constitutional case was considered without participation of the representative of defendant.

Having heard the report of the judge R. Gvaladze, speech of the representative applicant Salman Mamedov of A. Gabilov on case, having studied and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic ESTABLISHED:

The claim of Salman and Samai Mamedov to Jamil Safikhanova and others about recognition invalid certificates on the right to legal inheritance and on the requirement of share of inheritance was rejected by the decision of Shamkirsky district court of August 28, 2002, and the counter action of Djamila Safichanowa about the Section and property boundary fence on which there are constructions registered addressed to the parties was satisfied.

The decision of district court was cancelled by the decision of the Judicial Board on Civil Cases (JBCC) of Appeal Court of the Azerbaijan Republic of September 17, 2003, the claim of Salman and Samai Mamedov was satisfied, and the counter action was rejected.

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