Azerbaijan, Baku, Oct. 7 / Trend K.Zarbaliyeva /
The Azerbaijani Parliament holds discussions on the outstanding recommendations of the Constitutional Court, Court Chairman Farhad Abdullayev told Trend.
"Speaking about the Constitutional Court's recommendations, one should recognize that the legislative processes require significant phased research and responsibility. The court's most recommendations to the parliament are related to the conceptual issues of regulating the rights and freedoms. Undoubtedly, the adoption of hasty decisions is undesirable in this case," Abdullayev said.
Abdullayev said the talks are underway with the agencies that have not yet implemented the Constitutional Court's recommendations. "I am sure that soon we all will witness the results of these discussions," he said.
"The Constitutional Court was an entirely new institution in the national legal system," Abdullayev said. "Of course, there appeared disputable issues and contradictions in the views in the early functioning of the Court. First of all, time is needed to address these questions."
At times, the Constitutional Court, based on claims arising from the Court's judgments, directs to other state agencies the recommendations on matters, which are exclusively within their competence. The implementation of such recommendations is not regulated by the law. But they are accepted as part of the Court's decisions, which are based on the legal position formed in the Court's regulations," Abdullayev said.
In addition, Abdullayev said, the rules and terms of reviewing judicial decisions, which, according to the Constitutional Court does not comply with the Constitution and the laws, are regulated by the relevant procedural law. "At the moment, I do not think there are any problems relating to the consideration of these issues at the Plenum of the Supreme Court," he added.
He said the Constitutional Court received 917 complaints in the first half of 2010. Of them, 376 are repeated complaints and 371 are claims on the judicial acts. These complaints related to civil, condominiums, family, tax, labor issues (sale, removal or invalidation of the pledge agreement, division and use of land, recognizing the right of inheritance, the restoration to the work place, business activities, facilitation of punishment, imprisonment and other questions).
"According to the requirements of the law "On Constitutional Court", 262 complaints were sent to the Constitutional Court's judges for consideration at meetings of the Court's Chambers. The Court made decision on 198 complaints out of these 262 appeals. 193 complaints were not considered by the Court in connection with the fact that they were not accepted to the execution. Five complaints were accepted for execution and 64 complaints are under consideration of the Court's judges.
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