What is Apelyasiya and How Does It Work in Azerbaijan?
Apelyasiya is a legal term that means appeal or review. It is a process of challenging or revising a judicial decision or verdict by a higher court. Apelyasiya is an important part of the justice system, as it allows the parties to seek a fair and impartial resolution of their disputes. Apelyasiya also helps to ensure the consistency and quality of judicial decisions, as well as to correct any errors or violations that may have occurred in the lower courts.
In Azerbaijan, there are three main types of apelyasiya, depending on the nature and subject matter of the case: civil, criminal, and administrative. Each type of apelyasiya has its own rules, procedures, and effects. In this article, we will explain what apelyasiya is, how it works, and what you need to know about each type of apelyasiya in Azerbaijan. We will also provide some benefits and challenges of apelyasiya, as well as some tips and recommendations for using it effectively.
appelyasiya
Apelyasiya for Civil Cases
Civil cases are those that involve disputes between private individuals or entities over their rights, obligations, or interests. Examples of civil cases include contracts, torts, property, family, inheritance, etc. Civil cases are usually resolved by a first instance court (birinci instansiya məhkəməsi), which is either a district court (rayon məhkəməsi) or an economic court (iqtisadi məhkəmə). The parties can appeal against the decision or verdict of the first instance court to a second instance court (ikinci instansiya məhkəməsi), which is either an appellate court (apellyasiya məhkəməsi) or a supreme court (ali məhkəmə). The second instance court can either uphold, modify, annul, or remand the decision or verdict of the first instance court.
What are the conditions and procedures for filing an apelyasiya for civil cases?
The conditions and procedures for filing an apelyasiya for civil cases are regulated by the Civil Procedure Code (Mülki Prosessual Məcəlləsi) of Azerbaijan. According to this code, the parties can file an apelyasiya within one month from the date of receiving or announcing the decision or verdict of the first instance court. The apelyasiya must be submitted in writing to the first instance court, which will then forward it to the second instance court. The apelyasiya must contain:
The name and address of the appellant (şikayətçi) and the appellee (şikayət olunan)
The name and address of the representative (vəkil) of the appellant, if any
The name and - The name and address of the court that issued the decision or verdict - The date and number of the decision or verdict - The grounds and arguments for the apelyasiya - The request or demand of the appellant - The signature of the appellant or the representative
The appellant must also attach a copy of the decision or verdict, a receipt of paying the state fee (dövlət haqqı), and any other relevant documents to the apelyasiya. The state fee for filing an apelyasiya for civil cases is 0.5% of the amount in dispute, but not less than 10 AZN and not more than 500 AZN. The state fee can be waived or reduced in some cases, such as when the appellant is a low-income person, a disabled person, a veteran, etc.
What are the possible outcomes and effects of an apelyasiya for civil cases?
The possible outcomes and effects of an apelyasiya for civil cases are as follows:
The second instance court can uphold (təsdiq etmək) the decision or verdict of the first instance court, if it finds no errors or violations in it. In this case, the decision or verdict becomes final and binding, and can only be challenged by a cassation appeal (kassasiya şikayəti) to the supreme court in exceptional circumstances.
The second instance court can modify (dəyişdirmək) the decision or verdict of the first instance court, if it finds that it was based on incorrect facts, evidence, or law. In this case, the second instance court issues a new decision or verdict, which replaces the original one. The new decision or verdict becomes final and binding, unless it is appealed by a cassation appeal to the supreme court.
The second instance court can annul (ləğv etmək) the decision or verdict of the first instance court, if it finds that it was issued by an incompetent, unauthorized, or biased court, or that it violated the procedural rules or the rights of the parties. In this case, the second instance court cancels the decision or verdict and returns the case to the first instance court for a new trial. The new decision or verdict of the first instance court can be appealed again by an apelyasiya to the second instance court.
The second instance court can remand (geri qaytarmaq) the decision or verdict of the first instance court, if it finds that it was incomplete, unclear, or contradictory, or that it required additional investigation, evidence, or clarification. In this case, the second instance court sends the case back to the first instance court with instructions on how to resolve the issues. The first instance court must follow these instructions and issue a new decision or verdict, which can be appealed again by an apelyasiya to the second instance court.
How to appeal against the decision of the apelyasiya court for civil cases?
The decision of the apelyasiya court for civil cases can be appealed by a cassation appeal to the supreme court (ali məhkəmə) within one month from the date of receiving or announcing the decision of the apelyasiya court. The cassation appeal is a special and limited type of appeal, which can only be filed on the grounds of serious violations of substantive or procedural law, or of the constitution or international treaties. The cassation appeal must be submitted in writing to the apelyasiya court, which will then forward it to the supreme court. The cassation appeal must contain the same elements as the apelyasiya, plus the specific grounds and arguments for the cassation. The state fee for filing a cassation appeal for civil cases is 1% of the amount in dispute, but not less than 20 AZN and not more than 1000 AZN. The state fee can also be waived or reduced in some cases, such as when the appellant is a low-income person, a disabled person, a veteran, etc.
Apelyasiya for Criminal Cases
Criminal cases are those that involve crimes or offenses against the public order, security, or morality. Examples of criminal cases include murder, theft, fraud, assault, etc. Criminal cases are usually resolved by a first instance court (birinci instansiya məhkəməsi), which is either a district court (rayon məhkəməsi) or a serious crimes court (ağır cinayətlər məhkəməsi). The parties can appeal against the decision or verdict of the first instance court to a second instance court (ikinci instansiya məhkəməsi), which is either an appellate court (apellyasiya məhkəməsi) or a supreme court (ali məhkəmə). The second instance court can either uphold, modify, annul, or remand the decision or verdict of the first instance court.
What are the conditions and procedures for filing an apelyasiya for criminal cases?
The conditions and procedures for filing an apelyasiya for criminal cases are regulated by the Criminal Procedure Code (Cinayət Prosessual Məcəlləsi) of Azerbaijan. According to this code, the parties can file an apelyasiya within 20 days from the date of receiving or announcing the decision or verdict of the first instance court. The apelyasiya must be submitted in writing to the first instance court, which will then forward it to the second instance court. The apelyasiya must contain:
appelyasiya şikayəti
appelyasiya məhkəməsi
appelyasiya komissiyası
appelyasiya qaydaları
appelyasiya nümunəsi
appelyasiya müddəti
appelyasiya haqqında qanun
appelyasiya imtahanı
appelyasiya dövlət rüsumu
appelyasiya şikayətinin qaytarılması
appelyasiya şikayətinin tərkibi
appelyasiya şikayətinin verilməsi
appelyasiya məhkəməsinin sədri
appelyasiya məhkəməsinin strukturu
appelyasiya məhkəməsinin ünvanı
appelyasiya komissiyasının tərkibi
appelyasiya komissiyasının sədri
appelyasiya komissiyasının fəaliyyəti
appelyasiya qaydalarının təsdiq edilməsi
appelyasiya nümunəsinin doldurulması
appelyasiya müddətinin hesablanması
appelyasiya haqqında qanunun mündəricatı
appelyasiya imtahanının nəticələri
appelyasiya imtahanının keçirilməsi
appelyasiya dövlət rüsumunun ödənilməsi
appelyasiya şikayətinin qaytarılmasının səbəbləri
apellyasiya şikayetinin türkçesi nedir?
apellyasiya şikayetinin ingilizcesi nedir?
apellyasiya şikayetinin rusçası nedir?
apellyasiya şikayetinin fransızcası nedir?
apellyasiya mühakimesi ne demek?
apellyasiya mühakimesi nasıl yapılır?
apellyasiya mühakimesi hangi durumlarda yapılır?
apellyasiya komisyonu ne iş yapar?
apellyasiya komisyonu nasıl başvurulur?
apellyasiya komisyonu üyeleri kimlerdir?
apellyasiya kaideleri nelerdir?
apellyasiya kaideleri nasıl uygulanır?
apellyasiya kaideleri hangi durumlarda geçerlidir?
apellyasiya numunesi nasıl hazırlanır?
apellyasiya numunesi nereden alınır?
apellyasiya müddeti ne kadar süredir?
apellyasiya müddeti nasıl belirlenir?
apellyasiya müddeti hangi durumlarda uzatılır?
apellyasiya hakkında kanun ne zaman yürürlüğe girdi?
apellyasiya hakkında kanun ne amaçla çıkarıldı?
apellyasiya hakkında kanun kimleri kapsar?
apellyasiya imtihanı ne zaman yapılır?
apellyasiya imtihanı nasıl hazırlanır?
apellyasiya imtihanı kimler girebilir?
The name and address of the appellant (şikayətçi) and the appellee (şikayət olunan)
The name and address of the representative (vəkil) of the appellant, if any
The name and address of the court that issued the decision or verdict - The date and number of the decision or verdict - The grounds and arguments for the apelyasiya - The request or demand of the appellant - The signature of the appellant or the representative
The appellant must also attach a copy of the decision or verdict, a receipt of paying the state fee (dövlət haqqı), and any other relevant documents to the apelyasiya. The state fee for filing an apelyasiya for criminal cases is 10 AZN, regardless of the amount or nature of the case. The state fee can be waived or reduced in some cases, such as when the appellant is a low-income person, a disabled person, a veteran, etc.
What are the possible outcomes and effects of an apelyasiya for criminal cases?
The possible outcomes and effects of an apelyasiya for criminal cases are as follows:
The second instance court can uphold (təsdiq etmək) the decision or verdict of the first instance court, if it finds no errors or violations in it. In this case, the decision or verdict becomes final and binding, and can only be challenged by a cassation appeal (kassasiya şikayəti) to the supreme court in exceptional circumstances.
The second instance court can modify (dəyişdirmək) the decision or verdict of the first instance court, if it finds that it was based on incorrect facts, evidence, or law. In this case, the second instance court issues a new decision or verdict, which replaces the original one. The new decision or verdict becomes final and binding, unless it is appealed by a cassation appeal to the supreme court.
The second instance court can annul (ləğv etmək) the decision or verdict of the first instance court, if it finds that it was issued by an incompetent, unauthorized, or biased court, or that it violated the procedural rules or the rights of the parties. In this case, the second instance court cancels the decision or verdict and returns the case to the first instance court for a new trial. The new decision or verdict of the first instance court can be appealed again by an apelyasiya to the second instance court.
The second instance court can remand (geri qaytarmaq) the decision or verdict of the first instance court, if it finds that it was incomplete, unclear, or contradictory, or that it required additional investigation, evidence, or clarification. In this case, the second instance court sends the case back to the first instance court with instructions on how to resolve the issues. The first instance court must follow these instructions and issue a new decision or verdict, which can be appealed again by an apelyasiya to the second instance court.
How to appeal against the decision of the apelyasiya court for criminal cases?
The decision of the apelyasiya court for criminal cases can be appealed by a cassation appeal to uphold (təsdiq etmək) the decision or verdict of the first instance court, if it finds no errors or violations in it. In this case, the decision or verdict becomes final and binding, and can only be challenged by a cassation appeal (kassasiya şikayəti) to the supreme court in exceptional circumstances.
The second instance court can modify (dəyişdirmək) the decision or verdict of the first instance court, if it finds that it was based on incorrect facts, evidence, or law. In this case, the second instance court issues a new decision or verdict, which replaces the original one. The new decision or verdict becomes final and binding, unless it is appealed by a cassation appeal to the supreme court.
The second instance court can annul (ləğv etmək) the decision or verdict of the first instance court, if it finds that it was issued by an incompetent, unauthorized, or biased court, or that it violated the procedural rules or the rights of the parties. In this case, the second instance court cancels the decision or verdict and returns the case to the first instance court for a new trial. The new decision or verdict of the first instance court can be appealed again by an apelyasiya to the second instance court.
The second instance court can remand (geri qaytarmaq) the decision or verdict of the first instance court, if it finds that it was incomplete, unclear, or contradictory, or that it required additional investigation, evidence, or clarification. In this case, the second instance court sends the case back to the first instance court with instructions on how to resolve the issues. The first instance court must follow these instructions and issue a new decision or verdict, which can be appealed again by an apelyasiya to the second instance court.
How to appeal against the decision of the apelyasiya court for administrative cases?
The decision of the apelyasiya court for administrative cases can be appealed by a cassation appeal to the supreme court (ali məhkəmə) within 15 days from the date of receiving or announcing the decision of the apelyasiya court. The cassation appeal is a special and limited type of appeal, which can only be filed on the grounds of serious violations of substantive or procedural law, or of the constitution or international treaties. The cassation appeal must be submitted in writing to the apelyasiya court, which will then forward it to the supreme court. The cassation appeal must contain the same elements as the apelyasiya, plus the specific grounds and arguments for the cassation. The state fee for filing a cassation appeal for administrative cases is 1% of the amount in dispute, but not less than 20 AZN and not more than 1000 AZN. The state fee can also be waived or reduced in some cases, such as when the appellant is a low-income person, a disabled person, a veteran, etc.
Conclusion
Apelyasiya is a legal term that means appeal or review. It is a process of challenging or revising a judicial decision or verdict by a higher court. Apelyasiya is an important part of the justice system in Azerbaijan, as it allows the parties to seek a fair and impartial resolution of their disputes. Apelyasiya also helps to ensure the consistency and quality of judicial decisions, as well as to correct any errors or violations that may have occurred in the lower courts.
In this article, we have explained what apelyasiya is, how it works, and what you need to know about each type of apelyasiya in Azerbaijan: civil, criminal, and administrative. We have also provided some benefits and challenges of apelyasiya, as well as some tips and recommendations for using it effectively. We hope that this article has been informative and helpful for you.
If you have any questions, comments, or experiences with apelyasiya that you would like to share with us, please feel free to leave them below. We would love to hear from you!
FAQs
What is the difference between apelyasiya and kassasiya?
Apelyasiya and kassasiya are both types of appeals in Azerbaijan. However, they have some differences:
Apelyasiya is an ordinary appeal that can be filed by any party who is dissatisfied with the decision or verdict of the first instance court. Apelyasiya can be filed on any grounds, such as factual, evidential, or legal errors. Apelyasiya is filed to the second instance court, which can uphold, modify, annul, or remand the decision or verdict of the first instance court.
Kassasiya is a special and limited appeal that can only be filed by a party who is dissatisfied with the decision or verdict of the second instance court. Kassasiya can only be filed on the grounds of serious violations of substantive or procedural law, or of the constitution or international treaties. Kassasiya is filed to the supreme court, which can uphold, modify, annul, or remand the decision or verdict of the second instance court.
How long does it take to process an apelyasiya in Azerbaijan?
The duration of processing an apelyasiya in Azerbaijan depends on various factors, such as the type and complexity of the case, the workload and availability of the courts, the cooperation and readiness of the parties, etc. However, according to the law, the second instance court must review and decide on an apelyasiya within two months from the date of receiving it. If there are valid reasons for extending this period, the second instance court can do so for another month. Therefore, the maximum period for processing an apelyasiya in Azerbaijan is three months.
What are some tips and recommendations for filing an apelyasiya in Azerbaijan?
Some tips and recommendations for filing an apelyasiya in Azerbaijan are:
Make sure that you have a valid and strong ground for filing an apelyasiya. Do not file an apelyasiya just because you are unhappy with the outcome of the case, but because you believe that there was a mistake or injustice in the decision or verdict of the first instance court.
Prepare your apelyasiya carefully and thoroughly. Include all the necessary elements and documents in your apelyasiya, such as your name and address, the name and address of the court that issued the decision or verdict, the date and number of the decision or verdict, the grounds and arguments for your apelyasiya, your request or demand, your signature, a copy of the decision or verdict, a receipt of paying the state fee, and any other relevant documents. Make sure that your apelyasiya is clear, concise, and coherent, and that it follows the format and style of the law.
Submit your apelyasiya within the prescribed time limit. Do not miss the deadline for filing an apelyasiya, as it may result in the rejection of your apelyasiya or the loss of your right to appeal. The time limit for filing an apelyasiya is one month for civil cases, 20 days for criminal cases, and 15 days for administrative cases, from the date of receiving or announcing the decision or verdict of the first instance court.
Follow up on your apelyasiya and attend the hearings. Keep track of the status and progress of your apelyasiya, and make sure that you receive any notifications or communications from the court. Attend the hearings of your apelyasiya, and present your case confidently and respectfully. Listen to the arguments of the other party and the questions of the judges, and respond accordingly. Be prepared to accept the outcome of your apelyasiya, whether it is favorable or unfavorable to you.
What are some benefits and challenges of apelyasiya in Azerbaijan?
Some benefits and challenges of apelyasiya in Azerbaijan are:
One benefit of apelyasiya is that it provides an opportunity for the parties to challenge or revise a judicial decision or verdict that they consider unfair or incorrect. Apelyasiya can help to correct any errors or violations that may have occurred in the lower courts, and to ensure that the justice system is consistent and quality.
Another benefit of apelyasiya is that it promotes the rule of law and the protection of human rights in Azerbaijan. Apelyasiya can help to uphold the principles of legality, impartiality, transparency, and accountability in the judicial system, and to safeguard the rights and interests of the parties involved in the cases.
One challenge of apelyasiya is that it can be time-consuming and costly for the parties. Apelyasiya can take several months to process, depending on the type and complexity of the case, and the parties may have to pay state fees, legal fees, and other expenses for filing an apelyasiya. Apelyasiya can also cause delays and inconveniences for the parties, as they have to wait for the outcome of their apelyasiya and attend the hearings.
Another challenge of apelyasiya is that it can be influenced by external factors, such as political pressure, corruption, or bias. Apelyasiya can be affected by the interference or manipulation of the executive or legislative branches, the media, or other interest groups, which may undermine the independence and integrity of the judicial system. Apelyasiya can also be affected by the personal or professional preferences or prejudices of the judges, lawyers, or parties, which may compromise the fairness and impartiality of the judicial system.
What is the role and function of the supreme court in apelyasiya in Azerbaijan?
The supreme court (ali məhkəmə) is the highest judicial authority in Azerbaijan. It is composed of a chairman (sədr), deputy chairmen (müavini sədrlər), and judges (hakimlər). The supreme court has two main roles and functions in apelyasiya in Azerbaijan:
One role and function of the supreme court is to review and decide on cassation appeals (kassasiya şikayətləri) filed by the parties who are dissatisfied with the decisions or verdicts of the second instance courts (apellyasiya məhkəmələri). The supreme court can uphold, modify, annul, or remand the decisions or verdicts of the second instance courts, based on the grounds of serious violations of substantive or procedural law, or of the constitution or international treaties.
Another role and function of the supreme court is to supervise and monitor the activities and performance of the lower courts (birinci və ikinci instansiya məhkəmələri). The supreme court can issue general or specific instructions, recommendations, or opinions to the lower courts on how to apply and interpret the law correctly and consistently. The supreme court can also initiate disciplinary actions against the judges or officials of the lower courts who violate their duties or ethics.
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