Should the court determine the objective truth?

 

The Plenum of the Constitutional Court of the Republic of Azerbaijan made the decision "on interpretation of the VII part of the Article 125 of the Constitution of the Republic of Azerbaijan in terms of civil procedure legislation of the Republic of Azerbaijan" (hereinafter: the Decision) on 18 March 2019. The main issues that have been clarified in the Decision are about the extent which the court should consider the case, in particular, whether objective or formal truth should be determined by the court when considering the case.

The Constitutional Court, stated in its judgment that, according to the current legislation of the Republic of Azerbaijan, the principle of determination of the truth by the court referred to in Article 125 § VII of the Constitution of the Republic of Azerbaijan should be applied in accordance with the adversarial principle during the proceedings. According to the decision, judges should ensure the adversarial principle on court disputes, and should judge the case only within the evidence gathered by the parties, and according to the circumstances of the case, and make a decision in accordance with those evidence.

Thus, in court proceedings on civil and economic cases, the court should determine the truth based on the evidence and facts presented by the parties.

 

Related Posts

Can foreigners buy property in Azerbaijan?

Can foreigners buy property in Azerbaijan?

The rights of foreigners (non-residents) while buying a property in Azerbaijan. We explain legal ...

Jan 15, 2020
Data Protection Law in Azerbaijan

Data Protection Law in Azerbaijan

Personal data in Azerbaijan, its protection, transmission, the responsibility of data users and o...

Feb 12, 2021
Official opinion of the State Migration Service on some controversial provisions indicated in the Migration Code

Official opinion of the State Migration Service on some controversial provisions indicated in the Migration Code

Here we explain certain controversial clauses of the Migration Code of Azerbaijan with the offici...

Oct 11, 2018
Procedure for defending interests before liquidated banks in Azerbaijan: how to get refunds and compensations?

Procedure for defending interests before liquidated banks in Azerbaijan: how to get refunds and compensations?

he Central Bank of Azerbaijan has recently revoked the licenses of Amrahbank, Atabank, NBC Bank a...

May 27, 2020