No Need for Liquidation of Additional Appeal Instance in Azerbaijan: Supreme Court Chair

Azerbaijan, Baku, 3 April / corr. Trend K. Zarbaliyeva/ There is no need to liquidate the additional appeal instance in Azerbaijan. There are disagreements in the juridical circles regarding the additional appeal instance, Ramiz Rzayev, chairman of the Supreme Court stated to Trend .

According to Rzayev, the there is a need of this practice in Azerbaijan at present.

The additional appeal is examined in Plenum of the Supreme Court only in the cases determined by law on the basis of the statement by Supreme Court Chairman, protest of the Prosecutor General and appeal of the Defense.

The additional appeal can be made in the course of year after the decision of cassation instance. The facts are checked neither in cassation nor in additional cassation instances.

In case, the legislation violations are discovered after the additional appeal is considered in the Supreme Court, the appeal is brought up for the consideration of Plenary session.

"The additional appeal instance is critical for elimination of certain court violations. Though such appeals can be made only in the cases determined by law, those who are dissatisfied with the court decision, make an additional appeal to the Plenum of the Supreme Court," Rzayev said.

The judge of Supreme Court Muzaffar Agazade said that the additional appeal has remained from the soviet period and it serves as a control function of the Supreme Court.

Agazade stressed the importance of that instance at present. "This instance is critical to eliminate the mistakes of courts," he said.

Agazadeh said that the number of cases considered as an appeal has decreased in comparison with other years. He said that this instance will loose its significance after certain period of time and will be abolished.

Some 26 decisions were adopted in the Plenum meetings in 2007, which is by 26 cases less than as compared with 2006.

Ten criminal cases were connected with the additional appeals, two - with the statement of Supreme Court Chairman, 4 - with the newly solved crimes and eight - with the decisions which are considered to be invalid.

Oktay Magsudov, the judge of the Supreme Court stated that there is no need for the additional appeal. "There is no need to bring the case to the additional appeal instance after it is thoroughly considered in previous instances," he said.

Vafaiddin Isayev, the judge of the Supreme Court said that the European Court on Human Rights does not consider the additional appeal as important.

The expert Rashid Hajili said that though the additional appeal is not required while appealing European Court, it is important while appealing Constitutional Court.

The basis and criteria for the additional appeal have not been determined yet, he said. According to Hajili, the consideration of a case in the Plenum depends upon the decision of chairman of Supreme Court and in many cases it leads to misuse of the law. "Once these misuse of law will be eliminated, the basis and criteria for the additional appeal will be determined," the expert said.

The correspondent can be contacted at: [email protected]

Georgian Railway expects to refinance Eurobonds
Georgian Railway expects to refinance Eurobonds
Belarusian BELAVIA airlines operating one-way flights on Baku-Minsk route
Belarusian BELAVIA airlines operating one-way flights on Baku-Minsk route
Several low-cost airlines resume flights to Georgia
Several low-cost airlines resume flights to Georgia
Loading Bars
Official says satisfied with results of human trial of Iranian COVID-19 vaccine
WHO Europe hopeful Covid-19 vaccines arrive in Georgia in coming weeks
Azerbaijani defense minister expresses condolences to Turkish side
China sets modest GDP growth target as economy improves
Kazakhstan may take part in restoration of Azerbaijani liberated lands
Vanuatu, New Caledonia, Tonga evacuate people over tsunami threat
6.5-magnitude quake hits Kermadec Islands region
Uzbek and Belarusian experts to exchange experience in standardization
Italy reports nearly 23,000 new COVID-19 cases as some see "third wave"
5.9-magnitude quake jolts central Greece, no injuries reported
Georgian Railway expects to refinance Eurobonds
UK records another 6,573 coronavirus cases, 242 deaths
Azerbaijan agrees to continue existing oil production cuts in April (PHOTO)
7.3-magnitude quake hits waters off New Zealand
Armenia can also benefit from regional transportation projects if behaves in normal way - President Aliyev
Azerbaijan becomes one of Eurasia's main and reliable transportation, logistics hub - President Aliyev
We invite ECO member states to benefit from “Zangazur corridor” - President of Azerbaijan
We condemn unequal, unfair distribution of vaccines among developing and developed countries - President Aliyev
Now we are looking into future - President Aliyev
Military victory over Armenia on battlefield was also fully accomplished by political ways - President Aliyev
Stronger Turkey is, stronger is Azerbaijan and all its partners - President Aliyev
IAEA chief: Technical meeting with Iran to be held in April
WHO praises Georgia for curbing Covid-19
Belarusian BELAVIA airlines operating one-way flights on Baku-Minsk route
Macron to spare Paris region from weekend lockdown, for now
Kazakhstan determines priorities of foreign policy
Compliance services become more relevant in Azerbaijan - PASHA Bank
Several servicemen killed in military helicopter crash in Turkey
Azerbaijan doing everything to create new transport infrastructure in South Caucasus – Russian analyst
New reality created in South Caucasus - head of department at Istanbul Kadir Has University
Demining of Azerbaijani lands complicated by Armenia’s refusal to provide maps of minefields - Expert
Long-awaited end to Karabakh conflict creates new opportunities - Former US ambassador to Azerbaijan
Azerbaijan shows footage from Kechikli village of Zangilan district (VIDEO)
Azerbaijan interested in strengthening export and investment potential with Argentina
President Aliyev gives speech at virtual Summit of Economic Cooperation Organization (PHOTO/VIDEO)
MFA shares potential sectors of Lithuanian investment in Georgia
Georgian kiwi enters Japanese market
Azerbaijan's ENGINET company talks unique solutions for local market
Kazakh gold extracting venture opens tender to buy spares
Kazakhstan intends to attract funds to improve energy efficiency of facilities
Volume of food products sold in Baku's trade network increases
Georgia shows progress in curbing coronavirus cases - WHO
Azerbaijani Finance Ministry allocates funds for maintenance services
Restaurant business subsidizing program launched in Tbilisi
UK's Johnson says Brexit problems in Northern Ireland are solvable
Supporting Member Country ECAs: ICIEC endorse supportive reinsurance treaty with JLGC
Uztekstilprom, French Proparco talk profitable financing for textile projects
Georgian consulting company launching project for female entrepreneurs
Georgian wine export to US down
Russia and Azerbaijan lead in import of electricity to Georgia
Several low-cost airlines resume flights to Georgia
Azerbaijan-Belarus foreign trade operations for Jan. 2021 revealed
Azerbaijan confirms 124 more COVID-19 recoveries
Kazakhstan increasing control over development of oil and gas fields
State property privatization plan in Georgia surpasses initial plan
Several containers with cargo to pass through Azerbaijan along BTK railway - ADY Container
Rehabilitation centers can be established in Azerbaijan's liberated lands - Agency
Azerbaijan discloses number of imported cars in 2020
Uzbekistan’s 1M2021 profit for banks increases
Germany approves AstraZeneca for over-65s
New plant to be commissioned in Baku
Azerbaijan to receive Astra Zeneca vaccine via COVAX mechanism - WHO
Turkmengas opens again tender for operation of video surveillance system
Uzbekistan, Belarus agree to expand range of mutually supplied agricultural products
Uzbek currency rates for March 5
Italian Eni launches implementation of its solar energy project in Kazakhstan
Ensuring security in Karabakh our top priority - Turkish president
Georgia eyes to select new investor for Anaklia port
Creation of Kazakhstan-Azerbaijan Business Council under discussion
Covaxin demonstrates prowess of Atmanirbhar Bharat, says ICMR chief
India, Philippines sign key defence pact, set ball rolling for BrahMos missile sale
Turkey supports Georgia in deepening relations with Euro-Atlantic structures
Moldova Post plans to develop co-op with Turkmenistan in field of postal services
Georgia preparing for issuance of new Eurobond
Europe reviewing Russia's COVID-19 vaccine
German companies interested in funding Azerbaijan's railway projects
Uzbekistan to launch production of electric scooters in Fergana region
Azerbaijani State Customs Committee chairman names most-imported products for 2020
India, Norway to work together in marine spatial planning
PM Modi may launch trading points, connectivity projects in Dhaka
India to fund NRs 246 million for reconstruction of Cultural Heritages in Nepal
Kazakhstan, Tajikistan resuming mutual air traffic
Several ships and related facilities to be launched in Iranian ports
Iran reveals COVID-19 data for March 4
Azerbaijani FM’s letter to UN sec-gen disseminated as document of organization
Kazakhstan increases imports of Iran-made goods
Georgia plans to create new economic development plan
Baku Statistical Department discloses Jan. 2021 volume of paid services to citizens
Electricity production in Georgia to increase after Namakhvani HPP is ready
Uzbekistan reveals volume of industrial production for Jan. 2021
Students and graduates of Baku Higher Oil School shown high results in entrance exams for master's degree programs
Azerbaijani PASHA Bank eyes attracting IT companies to implement joint projects
Azerbaijani banks' demand at foreign exchange auction decrease
Iran’s Bahar Azadi gold coin price fell
Azerbaijan, Turkey to hold joint military exercises (PHOTO)
Turkish foreign minister to visit Uzbekistan
Volume of cargo loaded, unloaded in Iran’s Dayyer port revealed
Kazakhstan’s Ulba Metallurgical Plant announces tender to buy accumulators
Moldova Post talks details of postal communication resumption with Turkmenistan
Buta Airways to launch ticket sales for Baku-Istanbul-Baku Flights
All news