OF THE SUPREME COURT OF THE REPUBLIC OF AZERBAIJAN
ON NECESSARY MEASURES TAKEN IN THE JUDICIARY AIMED AT PREVENTING THE SPREAD OF THE CORONAVIRUS DISEASE (COVID-19) IN THE REPUBLIC OF AZERBAIJAN
20 July 2020 Baku, Azerbaijan
Aimed at preventing the spread of the coronavirus disease (COVID-19) in the Republic of Azerbaijan and in connection with the consideration of cases by the courts operating in the territories of the cities of Baku, Calilabad, Ganca, Masalli, Mingechevir, Sumgayit, Yevlakh and regions of Absheron, Barda, Goranboy, Goygol, Khacmaz, Siyazan and Sheki and further taking into account the recommendations of the World Health Organization, the Resolution No. 256 of the Special Task Force under the auspices of the Cabinet of Ministers of the Republic of Azerbaijan dated 17 July 2020, the consistency of the approach taken in the Resolution No. 6 of the Plenum of the Supreme Court of the Republic of Azerbaijan dated 23 April 2020, it is hereby recommended the following during the tightening of the special quarantine regime commencing from 06:00 on 20 July 2020 until 06:00 on 5 August 2020:
1. To ensure the examination of all types of court cases at the level of the appellate courts and the Supreme Court of the Republic of Azerbaijan.
2. To ensure the examination of the following types of court cases at the courts of first instance:
2.1 Civil and commercial disputes - civil disputes arising out of matrimonial relations (legal dissolution of a marriage, alimony, child visitation, division of property and other grounds), commercial disputes with no more than 2 parties, simplified proceedings for money or property claims, simplified procedures for small-claims proceedings, special procedures in court cases that require immediate hearing, matters in relation to interim orders to secure claims for all types of court cases. To continue employing the opportunities of examining cases in other types of civil cases and commercial disputes through the "Electronic Court" (E-Court) case information system taking into account the requirements of the Code of Civil Procedure of the Republic of Azerbaijan;
2.2 Criminal proceedings – criminal proceedings instituted against no more than two (2) accused persons remanded in custody; other criminal cases in which the court proceedings may be conducted using a videoconferencing system in accordance with Article 51-2 of the Code of Criminal Procedure, case materials of simplified pre-trial proceedings, case materials in connection with an appeal lodged during private prosecution; court materials on the application of compulsory measures of medical nature; imposition, alteration or revocation of preventive measures, extension of remand custody and house arrest, revocation and alteration of obligations imposed on a person in connection with a preventive measure of house arrest, as well as other appeals lodged in the course of judicial review; submissions and applications in support of the enforcement of a judgment or other final decision of the court;
2.3 Court cases in relation to administrative offenses – other types of court cases that envisage administrative detention and cases that require immediate hearing;
2.4 Court cases in relation to administrative disputes – cases that govern the exercise of the right to social security. In relation to all other administrative cases - to continue using the opportunities of examining cases in administrative court proceedings without conducting oral court hearings (oral arguments) taking into account the requirements of Article 16 of the Code of Administrative Procedure of the Republic of Azerbaijan.
3. To process criminal cases against the accused remanded in custody during the pre-trial proceedings.
4. To resolve all other necessary matters arising out of the recommendations of the Special Task Force under the auspices of the Cabinet of Ministers of the Republic of Azerbaijan regarding the work schedule of judges and court staff.
5. To communicate with the public only by telephone, mobile (cell) and e-mail due to the temporary restrictions placed on the personal reception of the public.
6. To carry out the judicial activities in accordance with the necessary social conduct and sanitary-epidemiological rules set out by the Special Task Force under the auspices of the Cabinet of Ministers of the Republic of Azerbaijan. To further ensure that citizens comply with the use of protective masks, follow basic personal hygiene habits, exercise preventive medical care, as well as obey social distancing rules during their stay in the court facilities. To disinfect the courthouses regularly and equip them with personal protective equipment.
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