Judgment Reviews Law at Azerbaijan
In Azerbaijan, the legal framework for challenging court judgments is primarily governed by the Code of Civil Procedure (CPC). This code outlines the procedures for appeals, cassation, and judicial review, ensuring that individuals have avenues to contest decisions they believe to be erroneous or unjust.
⚖️ Ordinary Appeals
Under the CPC, parties have the right to appeal decisions made by first-instance courts. The appellate court reviews the case to ensure that the lower court adhered to material and procedural norms of law. The appellate court may:
Uphold the original decision.
Partially or completely annul the decision and issue a new one based on established facts or additional evidence.
Modify the decision.
Terminate proceedings or dismiss the petition.
The appeal must be lodged within one month from the date the decision was presented to the party. The appellate court is required to hear the case within two months of its submission.
Cassation is a further level of appeal to the Supreme Court of Azerbaijan, which serves as the highest court instance and final court of appeal in the three-tiered judicial system The Supreme Court has competence to carry out justice on civil, criminal, and other cases related to the execution of general or specialized courts Cassation complaints must be submitted within three months from the issuance of the appellate decision
🏛️ Judicial Review by the Constitutional Court
The Constitutional Court of Azerbaijan has the authority to review judicial acts if they are alleged to violate constitutional right. Individuals may file complaints within six months from the final court decision if they believe their rights have been infringe. The Constitutional Court can provide interpretations of the Constitution and laws, ensuring that judicial decisions align with constitutional principle.
🧾 Administrative Revie
For administrative disputes, individuals can file petitions against decisions or actions of executive bodisThese petitions are reviewed by the court within one month, with the possibility of rectifying violations of rights or dismissing the petition if no violation is foud.
Azerbaijan's judiciary compries:
District (city) corts
Grave crimes corts
Military corts
Administrative corts
Commercial corts
Supreme Court of the Republic of Azerbajan
Supreme Court of the Nakhchivan Autonomous Repulic
Courts of Appals
The Supreme Court is the highest authority and plays a pivotal role in shaping judicial practice and ensuring uniform application of the a
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