RESOLUTION OF THE CONSTITUTIONAL COURT OF THE AZERBAIJAN REPUBLIC

of April 29, 2003

About part five of article 109 of the Law of the Azerbaijan Republic "About courts and judges" and Item 7 of "Transitional provisions" of the same Law

Name of the Azerbaijan Republic

Constitutional court of the Azerbaijan Republic as a part of H.Gadzhiyev (Chairman), judges F. Babayeva, B. Garibov, R. Gvaladze (judge-speaker), E.Mamedova, I. Nadzhafova, S. Salmanova and A. Sultanov

with participation of the secretary of I. Ismaylov,

the legal representative of the party which sent request, the judge of the Supreme Court of the Azerbaijan Republic M. Agazade

legal representative of defendant, employee of the Device Millie of Majlis of the Azerbaijan Republic S. Kerimov

according to part III of article 130 of the Constitution of the Azerbaijan Republic considered in proceeding in open court case on request of the Supreme Court of the Azerbaijan Republic No. 8-3/03 of March 31, 2003 about interpretation of part five of article 109 of the Law of the Azerbaijan Republic "About courts and judges" and about Item 7 compliance of "Transitional provisions" of the same Law to article 25 of the Constitution of the Azerbaijan Republic.

Having heard the report of the judge R. Gvaladze, performance of legal representatives of the parties M. Agazade and S. Kerimov, having researched materials of the constitutional case, the Constitutional Court of the Azerbaijan Republic established:

According to part five of article 109 of the Law of the Azerbaijan Republic "About courts and judges" the former judges who reached retirement age after the end of term of office are granted pension in the amount of 80 percent of official pay rate on the last place of employment.

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