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Process of Disciplinary Proceedings

Grounds for applying for initiation of disciplinary proceedings against judges

  • complaints of individuals and legal entities
  • information published in the media
  • violations of law revealed during judicial considerations in the courts of appeal or cassation and special decisions made by these courts about judges
  • breaches of law reflected in the decisions of the European Court of Human Rights and the Constitutional Court of the Republic of Azerbaijan
  • breaches of law revealed during the evaluation of the activity of judges and as a result of summarizing the judicial practice
  • other information received by persons who have the right to apply for initiation of disciplinary proceedings

Grounds for holding disciplinary responsibility against judges

  • frequent or gross violations of the requirements of legislation during judicial consideration
  • violation of judicial ethics
  • violation of the requirements of the legislation on labor and disciplines of execution
  • failure to comply with the financial requirements established by Article 5.1 of the Law of the Republic of Azerbaijan "On Combating Corruption"
  • committing offenses specified under Article 9 of the Law of the Republic of Azerbaijan "On Combating Corruption"
  • Committing an act harming the good name of a judge

Initiation of disciplinary proceedings

According to Article 112 of the Law of the Republic of Azerbaijan "On Courts and Judges", only the Judicial-Legal Council can initiate disciplinary proceedings against judges. The Judicial-Legal Council shall initiate disciplinary proceedings upon its initiative if there are elements of reasons and grounds for disciplinary action established by this Law.


Subjects who can apply

Judicial-Legal Council

Judicial-Legal Council considers the complaint within 3 months and adopts a decision on the initiation or rejection of the initiation of disciplinary proceedings.

Judicial-Legal Council typically conducts an investigation within three months of initiating disciplinary proceedings, with the judge's participation. A decision is then made based on the findings. However, if the judge is unable to participate due to valid reasons or if further investigation is needed, the period may be extended by the decision of the Judicial-Legal Council.

A relevant decision is made under the article 112th of the Law on "Courts and Judges

1. Reproofing of the judge

2. Reprimanding of the judge

3. Proposing the President of the Republic of Azerbaijan about demotion of the judge

4. Proposing the President of the Republic of Azerbaijan about the transfer of the judge to another judicial post

5. Proposing the President of the Republic of Azerbaijan about termination of the authorities of the judge

the decision enters into force.

the Decision of the JLC remains in forcec

the Decision of the JLC is terminated

Makes changes to the decision of the JLC and presents its decision to the JLC

Disciplinary proceeding is terminated