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

of February 15, 2008

About interpretation of Article 265.5 of the Civil Procedure Code of the Azerbaijan Republic and article 82.3 of the Law of the Azerbaijan Republic "About execution of judgments"

Name of the Azerbaijan Republic

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

with participation of the court secretary I. Ismaylov,

representatives of the interested subjects - the judge of Nasiminsky district court of the city of Baku I. Shirinov, the senior consultant of Nasiminsky district court of the city of Baku of J. Dzhavadov and the main consultant of Department of the administrative and military legislation of the Device of Millie of Majlis of the Azerbaijan Republic I. Dzhafarov, the expert - the associate professor Prava of civil process, work and ecology of the Baku state university, the doctor of jurisprudence M. Movsumov, the specialist - the associate professor of the Civil law of the Baku state university, kanditat of jurisprudence, the judge of the Supreme Court of the Azerbaijan Republic B. Asadov, according to part VI of article 130 of the Constitution of the Azerbaijan Republic considered according to the procedure of special constitutional proceeding in proceeding in open court the constitutional case in connection with arrived in the Constitutional Court of the Azerbaijan Republic the appeal of Nasiminsky district court of the city of Baku about interpretation of Article 265.5 of the Civil Procedure Code of the Azerbaijan Republic and article 82.3 of the Law of the Azerbaijan Republic "About execution of judgments".

Having heard and having discussed on case the report of the judge-speaker E.Mamedov, speech of representatives of the interested subjects I. Shirinov and I. Dzhafarov, the expert M. Movsumov and the specialist B. Asadov, the Plenum of the Constitutional Court of the Azerbaijan Republic established:

In the appeal of Nasiminsky district court of the city of Baku it was noted about consideration in legal procedure of question of attraction by the legal executive to criminal liability of the debtor R. Magerramov based on Article 265 of the Civil Procedure Code of the Azerbaijan Republic (further - GPK) for non-execution of writ of execution by it. For non-execution of the decision the debtor was brought to the administrative responsibility, then, despite the prevention made to it, refused to perform writ of execution and therefore the court asked about attraction it to criminal liability. The court by consideration of the precepts of law which are subject to application on the matter established among them availability of different approach on settlement.

So, in article 265.5 GPK it is specified that in case of non-execution of the judgment which took legal effect the court within one month takes out private determination about initiation of legal proceedings and reports about it to the prosecutor.

However, according to article 82.3 of the Law of the Azerbaijan Republic "About execution of judgments" if the executive document is not performed without valid excuse again, the legal executive gives to relevant organ the representation approved by the head of structure of legal executives about the attraction by the legal executive of person obliged to execute the judgment, to criminal liability according to the procedure, established by the legislation of the Azerbaijan Republic.

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