of March 17, 2000
About interpretation of Article 409 of the Customs code of the Azerbaijan Republic
Name of the Azerbaijan Republic
Constitutional court of the Azerbaijan Republic as a part of H. Gadzhiyev (chairman), F. Babayeva, B. Garibova (judges-speakers), R. Gvaladze, E. Mamedov, S. Salmanova, A. Sultanov, the court secretary I. Ismaylov,
with participation of legal representatives of the interested subjects in special constitutional process:
judge of the Supreme Court of the Azerbaijan Republic B. Asadov,
senior consultant of department of the economic legislation of the Device of Millie of Majlis of the Azerbaijan Republic N. Badirov,
with participation of the chief of Head department on fight against smuggling and customs offenses of the State Customs Committee of the Azerbaijan Republic G. Muradov,
according to part IV of article 130 of the Constitution of the Azerbaijan Republic on proceeding in open court on special constitutional process considered the constitutional case connected with request of the Supreme Court of the Azerbaijan Republic of December 22, 1999 No. 5-4/99 under Article 409 of the Customs code of the Azerbaijan Republic.
Having heard and having discussed the report on case of the judge-speaker B. Garibov, performance of legal representatives of the interested subjects in special constitutional process B. Asadov, N. Badirov, G. Muradov, the Constitutional Court of the Azerbaijan Republic determined:
The Supreme Court of the Azerbaijan Republic in the request asks to interpret the provision provided in part one of Article 409 of the Customs code of the Azerbaijan Republic that the decision of customs authority and its official according to initial claims can be less favorable for person making the complaint, than the decision of which it complains.
Due to the request the official texts of Articles approved in Millie's Device of Majlis of the Azerbaijan Republic 400, of 401, of 409, 410 Customs codes of the Azerbaijan Republic, article 9 of the Law of the Azerbaijan Republic "About procedure for consideration of addresses of citizens" are attached to case papers.
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