Opposition Party’s Action against Ministry of Justice Deemed Inadmissible by Court

March 30th, 2016

 

Summary: Hearing 4 (March 30)

  • The court considered the claim and found it inadmissible.

Baku Administrative Economic Court #1 chaired by the judge Elchin Mammadov continued the hearing of the case initiated by the lawsuit of the opposition party Azerbaijan Popular Front Party (APFP) and its chairman Ali Karimli’s  against the Ministry of Justice. APFP, upon holding a party congress on September 27, 2015 and electing Ali Karimli as the party’s chairman, submitted the documents required for the registration of these results to the Ministry of Justice. The results of the APFP’s Trust Congress established by Razi Nurullayev were also submitted to the Ministry for registration. On November 14, 2015, the Ministry of Justice refused to register the documents submitted by both applicants explaining that the matter had to be settled in the court at as there were two applicants claiming the name “APFP”.

The hearing was attended by the APFP’s representative Samad Rahimli and Nasimi Guliyev who represented the Ministry of Justice.

The judge started the hearing with the question of admissibility addressed to both parties in the process. APFP representative Samad Rahimli said: “Regarding the issue of admissibility of the claim, we are of the view that the action should be considered admissible, because none of the circumstances of inadmissibility stipulated in the Article 35 of the Administrative Procedure Code of Azerbaijan Republic exist in the case and our claim meets the requirements of the action on compulsion and the grounds for inadmissibility of the action specified by law are absent. In our opinion, it cannot be even questioned. This is our position.”

Nasimi Guliyev, the representative of the defendant Ministry of Justice, responded. “According to the Article 9.3 of the Law of Azerbaijan Republic on State Registration and State Register of Legal Entities, the changes made to the founding documents of legal entities, as well as any subsequent changes in the facts recorded in the state register about legal entities shall enter into force only upon their state registration. Legal entities may not carry out any activity based on changes that are not yet effective and no one may act on behalf of such legal entities. The fact of Ali Karimli’s election as the chairman of the party has not been registered by us, i.e. the Ministry of Justice. If I am not mistaken, they have not applied to the Ministry of Justice regarding his chairmanship since 2003. In other words, this fact was not registered. Actually, according to the law, he cannot be considered a legitimate chairman. The other issue is that, according to the Administrative Procedure Code of Azerbaijan Republic and the Law on Political Parties, the disputes concerning political parties and their registration are heard by appellate courts. This is our view in terms of legislation. We believe that this matter relates to registration of political parties and by law, examination of the issues concerning political parties are within the competence of the court of Appeal. This is a requirement of the law.”

APFP representative Samad Rahimli commented on the remarks of the defendant’s representative. “Appeal courts consider the issues related to  party’s activity or dissolution of the party. By contrast, in our action we have raised the issue of state registration of the fact of Ali Karimli’s election as the party’s chairman and the re-formation of the governing bodies of the party.”

Judge Elchin Mammadov however ruled  that the Administrative Economic Court #1  could not consider this case.