Modern judicial-legal system
of Azerbaijan and latest
developments
1
LEGAL SYSTEM
Civil law system (vs. common law)
Codification (vs. case law)
Legislation consists of:
1) Constitution
2) Acts adopted by referendum
3) Laws
4) Presidential decrees
5) Resolutions of the Cabinet of Ministers
6) Acts of central executive authorities
International treaties, which Azerbaijan is a party to are
integral part of the legal system of Azerbaijan
(incorporation)
LAWS
“On Constitutional court”
“On Courts and judges”
“On Prosecutor’s office”
 “On Advocates and Advocates’ Activity”
“On Police”
“On Investigation-search activities”
Civil and Civil-Procedural Codes
Criminal and Criminal-Procedural Codes
Execution of Penalties Code
3 TIER INDEPENDENT
JUDICIAL SYSTEM
• Courts of first instance
• Courts of appeal
• Court of cassation
COURTS OF FIRST
INSTANCE
-District courts;
-Grave crimes courts;
-Military courts;
-Local administrative-economic courts.
COURTS OF APPEAL
•
•
•
•
Hears appeals and appeal protests made under
court acts on the cases heard by the courts of first
instance assigned to its territorial jurisdiction.
Courts of Appeal are comprised of
a civil board,
administrative-economic board,
criminal board and
Military board.
SUPREME COURT
•
•
•
•
The court of highest instance and judicial body on
civil, criminal, administrative and other cases
previously tried by the general and specialized
courts.
Supreme Court is comprised of
Civil board,
administrative-economic board
criminal board and
military board
CONSTITUTIONAL COURT
The Constitutional Court of the Republic of
Azerbaijan is the supreme body of constitutional
justice on the matters attributed to its jurisdiction by
the Constitution of the Republic of Azerbaijan.
EUROPEAN COURT OF
HUMAN RIGHTS
• As a member of the Council of Europe,
Azerbaijan is a party to the European
Convention on Human Rights
• After exhaustion of all court instances,
applications can be made to the ECHR.
• The final domestic court instance is the
Supreme Court.
JUDICIAL-LEGAL COUNCIL
•Independence;
•Legality;
•Collective decision-making;
•Impartiality and
•Objectivity.
REFORMS AND RECENT
DEVELOPMENTS
•
•
•
•
Judicial Modernization Project
Reforms in judge selection and process
Reforms in bar membership exams
Ongoing project regarding adoption of the
Law on free legal aid
BHM
BAKU LAW CENTRE
WHO WE ARE
BHM Baku Law Centre was founded in
2001 and since then has established itself
as one of the most reputable and
respected law firms in the Republic of
Azerbaijan. In over 12 years of
successful legal practice, the firm has
managed to build a large client base from
all over Azerbaijan as well as
internationally.
We offer local expertise with strong
international connections.
The company has rapidly expanded in
recent years and has a subsidiary, BHM
Consulting Law Company,
in Aktau, Kazakhstan.
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PRACTICE AREAS
Banking and Finance
Corporate
Employment
Energy & Infrastructure
Sports
IP, Information Technology & Communications
Litigation
Tax
Private Client
Real estate
7
The General Assembly of the
European Olympic Committees has
adopted a decision on 8th of
December 2012 regarding holding
of the I European Games organized
for the first time in the European
history in 2015 in Baku.
BHM became the official legal services provider to Baku
European Games Operation Committee (BEGOC) and is
to provide all kind of legal services in connection with
organization of the I European Games to be hold in Baku
during June-July of 2015 and full legal accompaniment
of the Games.
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PROFESSIONAL
LEGAL SERVICES AT
“ASAN SERVICE” CENTERS
BHM Baku Law Centre provides legal assistance to citizens
approaching “ASAN service” centers in Baku, Sumgayit and
Ganja. Such legal assistance includes provision of both oral and
written legal consultation to citizens, provision of explanations on
legal matters, issuance of references, assistance in submission of
claims to courts of all instances, compilation of complaints and
applications as per request of the citizens, in other words, provision
of legal assistance on all matters that “ASAN service” centers have
been entrusted.
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MR. ANAR BAGHIROV
MANAGING PARTNER
Main practice areas are corporate law, commercial
law, dispute resolution, banking and finance,
sports law and real estate issues. He is a leading
litigation lawyer representing many corporations,
including national energy providers,
banks and large international organizations, engineering and
construction companies. He is the chairman of Azerbaijan Law
Reform Centre, a co-founder and member of the Azerbaijan Lawyers
Confederation, a member of Judges Selection Committee, Chief
Editor of “Azerbaijan lawyer” journal and is on the editorial board
of the Southern Caucasus Law Journal.
Mr.Baghirov has been a member of the Azerbaijan Bar Association
since 2005 and was elected to the Presidium of the Bar Association
in 2012. (for more info: http://bhm.az/index.php?page=staff&id=3)
MR.FARIZ MAMMADOV
MANAGING PARTNER
Fariz Mammadov is the managing partner
at BHM. Mr.Mammadov's practice areas
are corporate law, commercial law, energy
law, banking and finance. He also
specializes in real estate issues.
Mr.Mammadov has been a member of the Azerbaijan Bar
Association since 2007. He is Advisor to the Presidium of the
Bar Association in International Relations since 2013.
ACHIEVEMENTS:
The Legal 500 EMEA 2013, the international rating company
which is considered to be the most competent international
legal publication providing the most comprehensive worldwide
coverage currently available on legal services providers, in over
100 countries recommends BHM Baku Law Centre in 14 areas of
Law.
BHM Baku Law Centre is ranked as one of the leading law firms
in 2014 edition of the International Financial Law Review’s
Guide to the World’s Leading Financial Law Firms: IFLR1000.
CONTACT INFORMATION:
“Baku Law Centre” (BHM) LLC
SKS PLAZA, 7th floor
49 Fuzuli Street
AZ1014, Baku, Azerbaijan
Phone: +99412 492 03 57;
+99412 492 28 83
+99412 480 00 88
Email: office@bhm.az
Web: www.bhm.az
BHM Consulting Law Company
Grand NurPlaza Business Centre, office15
Aktau, Kazakhstan
Phone: +7 (7292) 20 32 97
Fax: +7 (7292) 40 56 49
Email: assel.spataeva@bhm.kz