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

of May 20, 2011

About interpretation of provisions of article 372 of the Code of civil procedure of the Azerbaijan Republic about limits of appeal consideration from the point of view of requirements of articles 372.1 and 372.7 of this Code

Name of the Azerbaijan Republic

Plenum of the Constitutional Court of the Azerbaijan Republic as a part of Farkhad Abdullaev (chairman), Sona Salmanova, Fikret Babayev, Sudaby Gasanova, Rovshan Ismailov, Dzheykhun Garadzhayev, Raphael Gvaladze (judge-speaker), Iza Nadzhafova and Kamran Shafiyev,

with participation of the court secretary Ismail Ismailov,

representatives of the interested subjects - the judge of the Baku Appeal Court Mamed Mamedov and the main consultant of department of the Administrative and military legislation of the Device of Millie of Majlis of the Azerbaijan Republic Fuad Mamedov,

expert, teacher of Department of Civil process, labor and environmental law of the Baku state university Movsum Movsumov,

specialists - the judge of the Supreme Court of the Azerbaijan Republic Bagir Asadov, the deputy head of department on maintenance of crown case of the Prosecutor General's Office of the Azerbaijan Republic Gazanfar Bayramla,

according to part VI of article 130 of the Constitution of the Azerbaijan Republic considered in proceeding in open court according to the procedure of special constitutional legal proceedings the constitutional case based on the appeal of the Baku Appeal Court.

Having heard the report of the judge R. Gvaladze, speech of representatives of the interested subjects and specialists in case, having heard the expert opinion, having researched and having discussed case papers, the Plenum of the Constitutional Court of the Azerbaijan Republic established:

The Azneft production association of the State Oil Company of Azerbaijan Republic took a legal action with the action for declaration against Sh. Gurbanov about wrecking illegally of the constructed structure on protective zone of oil well, release of the territory, about eviction from illegal structure.

The claim was satisfied, the decision of Sabunchinsky district court of the city of Baku of October 19, 2010.

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