Eldar MAMEDOV

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Eldar Mamedov, Vice-President of the International Association for Judicial Administration, Judge of the Constitutional Court of the Azerbaijan Republic (Baku, Azerbaijan).

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THE CONSTITUTIONAL COURT AND COURTS OF ORDINARY JURISDICTION IN AZERBAIJAN: THEORETICAL AND PRACTICAL PROBLEMS OF THEIR INTERRELATIONS

ABSTRACT

This article enlightens several factors concerning the building of a qualitatively new judicial system in the Azerbaijan Republic based on democratization of the judicial system and legal procedure. In this context, the creation of a Constitutional Court in the country has increased the possibility of obtaining judicial protection of human rights and freedoms and continues to have an influence on many other legal institutions and factors.

The article notes that although constitutional legal procedure, like cassation procedure (as well as procedure deriving from it by way of ancillary cassation), is carried out strictly with respect to law issues, these procedures should not be defined as the same thing. The Constitutional Court and Supreme Court are entirely different judicial bodies, each of which functions within the limits of its own jurisdiction in accordance with its own individual procedures.

The article also looks at several problems arising in practice relating to the review of cases and judicial acts deemed vitiated by the Constitutional Court. The author concludes that every entity of judicial enforcement should have a clear idea and understand the constitutional law in practice by making use of the corresponding decisions of the Constitutional Court, which in turn will make it possible to achieve uniform application of constitutional law and ensure legal stability.

Introduction

The division of state powers into legislative, executive, and judicial branches is one of the basic characteristics of a state ruled by law. In turn, judicial power plays a special role in the system of………….

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