Court organization in Azerbaijan

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The court organization in Azerbaijan (Azerbaijani: Azərbaycan Məhkəmə Sistemi ) includes the establishment of courts in Azerbaijan . The judiciary in Azerbaijan is exercised only by the courts. The jurisdiction of the Republic of Azerbaijan is independent in accordance with Article 127 paragraphs 1 and 3 of the Constitution of the Republic of Azerbaijan and is not subject to any instructions.

The President of the Republic of Azerbaijan is the guarantor of the independence of the judiciary.

Overview of the court structure

Jurisprudence is subject to the Judicial Council in Azerbaijan and is exercised through the Constitutional Court, the Supreme Court, Appeal Courts, District Courts of First Instance and Courts with Special Competences. The judiciary is exercised through constitutional, civil and criminal proceedings by the following courts:

  • Local courts (district courts);
  • Military courts;
  • Serious Crimes Courts of the Republic of Azerbaijan;
  • Serious Crimes Court of Nakhchivan Autonomous Republic ;
  • Administrative courts;
  • The Supreme Court of the Nakhchivan Autonomous Republic;
  • Appeals courts;
  • The Supreme Court;
  • The Constitutional Court.

Local courts (first instance)

In the first instance, the district courts (district courts) are responsible for civil and minor criminal matters. There are 86 general district courts in Azerbaijan, each of which has jurisdiction over a municipality. There are 12 local courts in Baku . The majority of cases are heard in local courts.

Specialized jurisdiction (first instance)

Serious Crime Courts

Serious Crimes Courts of the Republic of Azerbaijan hear serious criminal cases as the first instance. There are 5 courts for serious crimes in Azerbaijan (as of 2018):

Administrative courts

The Azerbaijani administrative courts correspond to the German administrative courts. They are used for judicial control of the actions of the public administration. On January 1, 2011, the new Code of Administrative Procedure came into force, after which the administrative courts began their work. The German Society for International Cooperation (GIZ) supports Azerbaijan in modernizing administrative law and procedural laws. In 2011 the so-called “International Administrative Court Conference” took place in Azerbaijan , which was organized with the support of GIZ.

There are seven administrative courts (as of 2018):

  • 1-Baku Administrative Court;
  • 2-Baku Administrative Court;
  • Gandscha Administrative Court;
  • Sumgait Administrative Court ;
  • Shirwan Administrative Court ;
  • Sheki Administrative Court
  • Administrative Court of the Nakhchivan Autonomous Republic.

Military courts

The military courts of the Republic of Azerbaijan negotiate both minor and serious criminal cases in the military field as the first instance. There are a total of 6 military courts (as of 2018):

  • Baku Military Court;
  • Ganja Military Court;
  • Terter Military Court;
  • Celilabad Military Court;
  • Füzuli Military Court;
  • Military Tribunal of the Nakhchivan Autonomous Republic.

Appeal courts (second instance)

The courts of appeal of the Republic of Azerbaijan are higher-level courts for matters falling within their jurisdiction. Parliament appoints the judges of the appellate courts on the proposal of the President. Parliament passed the decision on the dismissal of judges of the appellate courts with a majority of 83 votes. There are five courts of appeal in Azerbaijan (as of 2018):

  • Baku Court of Appeal;
  • Ganja Court of Appeal;
  • Sumgait Court of Appeal;
  • Shirwan Court of Appeal;
  • Sheki Court of Appeal.

The Supreme Court (last instance)

The Supreme Court of the Republic of Azerbaijan

The Supreme Court of the Republic of Azerbaijan is the highest judicial body in civil, criminal, administrative and military matters assigned to proceedings before general and special courts. The Supreme Court exercises jurisdiction on appeals and publishes explanations on questions of court practice. The judges of the Supreme Court are appointed by Parliament on the proposal of the President of the Republic of Azerbaijan. It is based in Baku. The decisions of the Supreme Court are binding on the entire territory of Azerbaijan. The Supreme Court is the final judicial body in Azerbaijan.

The Supreme Court consists of the President, his deputy, the chairmen of the chambers and the judges. The Supreme Court is divided into a Senate for administrative matters, for civil matters, for criminal matters and a Senate for military matters.

The judicial decisions of the Supreme Court can be constitutionally reviewed by the Constitutional Court.

Parliament passed the resolution to dismiss the judges of the Supreme Court with a majority of 83 votes.

Constitutional Court

The Constitutional Court is not part of the three-tier structure of courts of first instance, courts of appeal and courts of cassation that was established by the Law on Courts and Judges.

The main task is to uphold the primacy of the Constitution of the Republic of Azerbaijan and to protect the fundamental rights of the individual.

Individual evidence

  1. ↑ Constitution of the Republic of Azerbaijan, Article 127 Paragraphs 1 and 3. № 00, Baku November 12, 1995.
  2. ↑ Constitution of the Republic of Azerbaijan, Article 8, paragraph 4.
  3. ↑ RIS - legal clauses and decision text for E9 256150-0 / 2008 - Asylgerichtshof (AsylGH). Retrieved March 7, 2018 .
  4. ↑ a b c d e f MƏHKƏMƏLƏR. Retrieved March 9, 2018 .
  5. ↑ Act on Confirmation of the Code of Administrative Procedure of the Republic of Azerbaijan, Azərbaycan Respublikasının İnzibati Prosessual Məcəlləsinin təsdiq edilməsi haqqında Azərbaycan Respublikasının Qanunu, № 846-IIIQ, June 30, 2009.
  6. ↑ giz: On the way to the rule of law . ( giz.de [accessed on March 9, 2018]).
  7. ↑ Constitution of the Republic of Azerbaijan, Article 132.
  8. ↑ a b Constitution of the Republic of Azerbaijan, Article 128.
  9. ^ Constitution of the Republic of Azerbaijan, Article 131.
  10. ↑ Structure of the Supreme Court. Retrieved March 7, 2018 .
  11. ↑ a b Constitution of the Republic of Azerbaijan, Article 130.
  12. ↑ Azərbaycan Respublikası Konstitusiya Məhkəməsi. Retrieved March 9, 2018 .