A plenary session of the Constitutional Court has been held.
The press service of the Constitutional Court informed APA that the session reviewed a constitutional case regarding the interpretation of the “Note” section of Article 321 (Evasion of military service) of the Criminal Code in relation to Article 321.1 of the same Code (Evasion of the next military call-up or mobilization call-up without legal grounds), Article 606.3 and the 2nd paragraph of the “Note” section of Article 606 of the Code of Administrative Offenses, as well as Article 45 of the Law “On Military Duty and Military Service,” based on an inquiry from the Prosecutor General’s Office and in light of Part I of Article 76 of the Constitution.
The Plenum of the Constitutional Court examined and discussed the report by Judge Kh. Valiyev, the inquiry from the Prosecutor’s Office of the Republic of Azerbaijan, the opinion of the Milli Majlis Apparatus, as well as expert opinions and case materials from the Supreme Court, the Ministry of Internal Affairs, the Baku Court of Appeal, and the Center for Legal Expertise and Legislative Initiatives, and subsequently adopted a decision.
According to the decision, based on the legal purpose of Part I of Article 76 and Article 80 of the Constitution, including the principles of legal certainty and legality, and the legal positions expressed in the descriptive-reasoning part of this decision of the Constitutional Court Plenum, it was recommended that the Milli Majlis improve the corpus delicti of Article 321 of the Criminal Code to ensure it is clear and unambiguous. The decision enters into force on the day of its publication.