of February 15, 2008
About interpretation of provision in case of refusal of the state prosecutor and private prosecutor of the criminal prosecution provided in Articles 43.1. 1, 314.2 Codes of penal procedure of the Azerbaijan Republic at the request of Prosecutor's office 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, S. Gasanova, B. Garibova (judge-speaker), R. Gvaladze, E.Mamedova, I. Nadzhafova, S. Salmanova and A. Sultanov,
with participation of the court secretary I. Ismaylov,
legal representatives of the interested subjects - the head of department of protection of crown case of the Prosecutor General's Office of the Azerbaijan Republic I. Dzhafarov, the representative of Department of the administrative and military legislation of the Device Millie of Majlis of the Azerbaijan Republic I. Dzhafarov,
the expert - the associate professor of criminal procedure of the Baku state university, Candidate of Law Sciences F.Abbasova, invited to meeting of the judge of the Supreme Court of the Azerbaijan Republic M. Agazade, the judge of the Baku Appeal Court S. Mirzoyev according to part IV of article 130 of the Constitution of the Azerbaijan Republic No. 13/214 considered according to the procedure of special constitutional proceeding in proceeding in open court at the request of Prosecutor's office of the Azerbaijan Republic of October 17, 2007 the constitutional case on interpretation of the provision "in case of refusal of the state prosecutor and private prosecutor of criminal prosecution" provided in Articles 43.1. 1, 314.2 Codes of penal procedure of the Azerbaijan Republic.
Having heard on case the report of the judge B. Garibov, performance of legal representatives of the interested subjects, expert opinions and persons invited to meeting, having studied and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic established:
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