II Forum of Azerbaijani Judges Continued with Second Panel Discussions

Within the framework of the II Forum of Azerbaijani Judges held in Baku, the second panel discussion was held on the topic: “The Role of the Court in the Activities of Administrative Bodies: Repeated Cases, Updating (Amending) Administrative Practice, Ensuring Consistency and Maintaining Trust in Administrative Practice.”

Khagani Mammadov, Chairman of the Administrative Chamber of the Supreme Court of Azerbaijan, noted that citizens, within the framework of their right to trust, may demand that administrative bodies act in accordance with uniform judicial practice in relation to matters that have not yet been transformed into judicial disputes. He emphasized that normative foundations should exist to ensure that administrative bodies observe and consider judicial practice in their actions. In view of the proposed addition to the Administrative Procedural Code (new Article 120-1), the new regulation aims to increase the responsibilities and accountability of administrative bodies.

Rashad Mustafayev, Deputy Minister of Labor and Social Protection of the Population, highlighted that one of the key priorities of the Ministry is the preventive and well-reasoned resolution of social disputes without referral to courts whenever possible. He noted that recent efforts have focused on ensuring decisions are properly justified, procedures are correctly conducted at the preliminary stage, and administrative explanation mechanisms are strengthened. The objective is to prevent citizens from waiting years for court proceedings and to ensure matters are resolved within the shortest possible time.

Samira Musayeva, Deputy Head of the State Tax Service of Azerbaijan, emphasized the critical role of digitalization, transparency, and flexible legal mechanisms in regulating economic relations. She noted that participants in economic relations, including business entities, possess unique characteristics, and effective oversight mechanisms are necessary to prevent potential violations or abuse in the dynamics of these relations.

Guloglan Muradli, Deputy Chairman of the State Customs Committee of Azerbaijan, stated that the number of legal violations is increasing alongside growth in trade turnover: “To prevent these cases, the Committee implements institutional and preventive measures. To ensure the resolution of administrative-legal disputes in the customs sector prior to court proceedings, the Committee has established relevant procedural and structural units within its central office.”

Nigar Alimova, Chairperson of the Board of the State Committee for Property Issues and Real Estate Registration, noted that in recent years, a significant portion of court disputes concerning real estate relates to the completeness of documents and the proper establishment of legal grounds. According to her, based on established judicial practice, the existence of relevant legal and technical documents for the property, whether residential or non-residential, is considered a fundamental requirement for its legal recognition.