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LAW ON CONSTITUTIONAL COURT OF THE AZERBAIJAN REPUBLIC

(2003)

(excerpts)

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Article 54. Features on verification and confirmation of the results of the elections to the Milli Majlis of Azerbaijan Republic

54.1. According to Article 86 of the Constitution of Azerbaijan Republic, the Constitutional Court shall verify and confirm the accuracy of the results of elections of deputies to the Milli Majlis of Azerbaijan Republic. The procedure of verification and confirmation of accuracy of the results of elections of deputies to the Milli Majlis shall be determined by the Electoral Code of Azerbaijan Republic.

54.2. Session of the Plenum of Constitutional Court on verification of the accuracy of the results of elections of deputies to the Milli Majlis shall be commenced within 10 days from the day of receipt of materials.

54.3. Session of the Plenum of Constitutional Court on verification of the accuracy of the repeated results of elections of deputies to the Milli Majlis shall be commenced within 7 days from the day of receipt of materials

54.4. The Constitutional Court shall require rights from Supreme Court or Court of Appeal of Azerbaijan Republic the information on examined petitions concerning he protection of electoral.

54.5. Chairman and members of the Central Election Commission as well as other persons invited by Constitutional Court may participate at the session of the Plenum of Constitutional Court held with the view to verify the accuracy of the results of elections of the Deputies to the Milli Majlis of Azerbaijan Republic.

54.6. Following the results of verification, the Plenum of Constitutional Court may by a majority of not less than 5 Judges adopt a resolution on complete confirmation, partial confirmation or non-confirmation of the results of the elections of deputies to the Milli Majlis of Azerbaijan Republic.

Article 55. Features of fixing the date of the first session of the newly elected Milli Majlis of Azerbaijan Republic.

55.1. According to Article 88.1 of the Constitution of Azerbaijan Republic Constitutional Court shall fix the date of the first session of the newly elected Milli Majlis of Azerbaijan Republic in case if powers of the 83 deputies have not been confirmed by the 10th March after elections.

55.2. If the Plenum of Constitutional Court confirms the election of the 83 deputies of the Milli Mejlis of Azerbaijan Republic after 10th March then the date of the first session of the newly elected Milli Majlis shall be fixed at the same session of Constitutional Court.

55.3. Resolution on this matter shall be adopted by a majority of not less than 5 Judges of the Plenum of Constitutional Court.

Article 56. Features of proceedings on official declaration of the results of the elections of the President of Azerbaijan Republic

56.1. The matter on results of elections of the President of Azerbaijan Republic shall be examined at the Plenum of Constitutional Court.

56.2. The Plenum of Constitutional Court shall study the documents on the results of elections of the President of Azerbaijan Republic presented by the Central Election Commission and shall require from Supreme Court or Court of Appeal of Azerbaijan Republic information on examined petitions concerning the protection of electoral rights.

56.3. In case of establishment of conformity of documents of Central Election Commission with requirements of Electoral Code the Plenum of Constitutional Court shall adopt resolution on confirmation of results of election of the President of Azerbaijan Republic.

56.4. Once the cases provided for by Electoral Code are established the Plenum of Constitutional Court shall adopt the resolution on recognition of the results of elections as a null and void.

56.5. Resolutions specified by Articles 56.3 and 56.4 of the present Law shall be adopted by a majority of not less than 5 Judges of the Plenum of Constitutional Court.

56.6. The Constitutional Court shall officially declare the information on results of elections of the President of Azerbaijan Republic within 14 days from the day of voting.

Article 57. Features of consideration of application of the President of Azerbaijan Republic on retirement.

57.1. In case specified by Article 104.2 of the Constitution of Azerbaijan Republic, the President of Azerbaijan Republic shall submit application to Constitutional Court.

57.2. Constitutional Court shall not be enabled to reject the consideration of written and signed application of the President of Azerbaijan Republic on retirement.

57.3. The application of the President of Azerbaijan Republic on retirement shall be examined on the merits by the Plenum of Constitutional Court within 3 days after its receipt.

57.4. In case if the Plenum of Constitutional Court is confident in voluntary character of the application of the President of Azerbaijan Republic it shall adopt a resolution concerning the acceptance of retirement of the President of Azerbaijan Republic.

57.5. In case if the Plenum of Constitutional Court is not convinced that the application on retirement of the President of Azerbaijan Republic was submitted voluntarily, the resolution on non-acceptance of retirement of the President of Azerbaijan Republic shall be adopted.

57.6. Resolutions specified by Articles 57.4 and 57.5 of the present Law shall be adopted by the Plenum of Constitutional Court by the majority of not less than 5 Judges.

57.7. The resolution specified by Article 57.4 of the present Law shall be immediately sent to the Prime-Minister of Azerbaijan Republic. The resolution specified by Article 57.5 of the present Law shall be immediately sent to the Milli Majlis of Azerbaijan Republic.

Article 58. Features of consideration of petition submitted by the Milli Majlis of Azerbaijan Republic as to ascertainment of information concerning complete inability of the President of Azerbaijan Republic to fulfill his/her duties due to the state of health

58.1. In case specified by Article 104.3 of the Constitution of Azerbaijan Republic the petition submitted by the Milli Majlis of Azerbaijan Republic shall be brought for examination at the session of the Plenum of Constitutional Court within 3 days after its receipt, and the ruling concerning admissibility or rejection for examination shall be adopted by the majority of not less than 5 Judges and be sent to the President of Azerbaijan Republic and the Milli Majlis of Azerbaijan Republic on the day of its adoption.

58.2. Examination of petition on the merits by the Plenum of Constitutional Court shall be commenced within 7 days from the day of its admission for proceedings.

58.3. Resolution of Constitutional Court on impeachment of the President of Azerbaijan Republic in connection with his/her complete inability to fulfill his/her duties due to the state of health shall be adopted by the majority of 6 Judges.

58.4. In case if Constitutional Court does not confirm the fact of complete inability of the President of Azerbaijan Republic to fulfill his/her duties due to the state of health the matter shall be considered as settled and written information about that shall be sent immediately to the Milli Mejlis of Azerbaijan Republic.

Article 59. Features of consideration of the matter on impeachment of the President of Azerbaijan Republic.

59.1. According to Article 107.1 of the Constitution of Azerbaijan Republic, in case if the President commits the grave crime the Constitutional Court may bring an initiative to dismiss the President of Azerbaijan Republic from office.

59.2. The proposal concerning impeachment of the President of Azerbaijan Republic shall be submitted by not less than 3 Judges of Constitutional Court. This proposal shall be submitted in written form to the Chairman of Constitutional Court. Within the period of 3 days after proposal was submitted the session of the Plenum of Constitutional Court shall be called to examine this matter. If Constitutional Court finds this proposal groundless, the majority of 5 Judges shall adopt a resolution about that.

59.3. If the proposal is found well-grounded, the Plenum of Constitutional Court shall submit a matter to the Supreme Court of Azerbaijan Republic in order to receive an opinion as to whether the President of Azerbaijan Republic has committed the grave crime. Resolution on this matter shall be adopted by the majority of 6 Judges of Constitutional Court. Within 30 days after receipt of a matter, the Supreme Court of Azerbaijan Republic shall examine it and provide Constitutional Court with the written opinion.

59.4. If Constitutional Court comes to conclusion that no grave crime was found in the actions of the President of Azerbaijan Republic, the matter shall be considered as settled.

59.5. Taking into consideration the opinion of the Supreme Court of Azerbaijan Republic, the Plenum of Constitutional Court by majority of 7 Judges can adopt a resolution as to bringing an initiative on impeachment of the President of Azerbaijan Republic in connection with the presence of a grave crime in his/her actions. This resolution shall be immediately sent to the Milli Majlis of Azerbaijan Republic.

59.6. If the Milli Majlis of Azerbaijan Republic according to the procedure specified by Article 107.2 of the Constitution of Azerbaijan Republic adopts a resolution on impeachment of the President of Azerbaijan Republic, then this resolution and petition on the base of this resolution shall be immediately sent to Constitutional Court. Having received the resolution of the Milli Majlis of Azerbaijan Republic, Constitutional Court shall verify within 7 days whether the requirements of the Constitution and relevant laws of Azerbaijan Republic were observed at the adoption of this resolution. The resolution of Constitutional Court supporting the resolution of the Milli Majlis of Azerbaijan Republic shall be adopted by majority of not less than 7 Judges. According to Article 107.2 of the Constitution of Azerbaijan Republic the resolution of the Milli Majlis of Azerbaijan Republic on impeachment of the President of Azerbaijan Republic shall be signed by the Chairman of Constitutional Court.

59.7. If the Plenum of Constitutional Court does not adopt resolution supporting the resolution of the Milli Majlis of Azerbaijan Republic, then the resolution of the Milli Mejlis of Azerbaijan Republic on impeachment of the President of Azerbaijan Republic shall not enter into force.

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