Main page · Legal documents; Law on Banks. Law on Banks. Law on Banks · pdf. Expert groups · About ABA · Contact. © Bütün hüquqlar qorunur. Desktop. May 14, Bu isə “Normativ hüquqi aktlar haqqında” Konstitusiya Qanununun ci “ Banklar haqqında” Azərbaycan Respublikasının Qanununda. Banklar haqqinda sanadlar [The Banking Legislation] ISBN: ; Date of Publication: ; Publisher. Qanun. Cover Type: Soft cover; Pages: ; Series.

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Hajiyev ChairmanJudges: Gvaladze Reporter JudgeE. Melikova, Chief of legal department of National Bank.

Aydın Əliyev, Cümşüd Nuriyev, Günay Nuriyeva İqtisadiyyat və hüquq |

Abbasov, Chief of financial and credit department of the Ministry of Economy of Azerbaijan Republic. Mamedov, Chief of department on work with credit organisations of the Ministry of the Finance of Azerbaijan Republic.

Hadjialiyev, Chairman of legal commission of State Committee on antimonopoly policy and assistance to enterprise of Azerbaijan Republic.

Having heard and discussed the report of Judge R. Gvaladze, statements of the legal representative of the body that submitted the petition, B.

Asadov, legal representative of the respondent, N. Gadirov, conclusions of the specialists, E. Hadjialiyev, having examined materials of the case, the Constitutional Court of Azerbaijan Republic.

Term of preservation should not exceed 18 months. In Article 45 of the same Law it is envisaged, that in necessary cases for normalisation of a financial condition of credit organisation the person, conducting preservation, can make the decision on complete or partial freezing for the term of about three months of deposits of the population, which are invested in the present credit organisation.


In its petition the SupremeCourtofAzerbaijan Republic asks to verify conformity of Articles 41 and 45 of the specified Law with Article From the contents of petition it is seen, that the body which have submitted the petition, asks to verify conformity of that part of Article 45 of the mentioned law, which provides an opportunity of freezing of deposits, to provision of the Constitution of Azerbaijan Republic.

In this regard the Constitutional Court of Azerbaijan Republic considers the petition in the specified part. Deciding the given question, the Constitutional Court is guided by the following provisions of the Constitution of Azerbaijan Republic regulating the property relations between banks and citizens investors: In Article 59 of the Constitution of Azerbaijan Republic it is envisaged, that everyone can in the order, established by law, freely using the opportunities, abilities and property, separately or together with others to be engaged in enterprise or other economic activity, not forbidden by law.

These provisions are distributed to banks which are carrying out enterprise activity, as well as to the citizens, who, by investing the savings in banks and receiving profit as percents, are engaged in other economic activity, not forbidden by the law.


Rayon haqqında – LƏNKƏRAN ŞƏHƏR Icra Hakimiyyəti

According to Article In para III of same Article it is fixed, that the ownership includes the right of the proprietor solely or together with other persons to own, to use and to dispose of property. In conformity with Article So, according to Article However, proceeding from provision of Article 45 of the named Law, concluding such contract, citizen the investor gets in a unequal position with credit organisation, as the conditions of the contract are established by credit organisation, and the citizen, as the party of the contract, can not influence its essence in any way.

Thus, in credit and contractual relations the citizen becomes the economically weak party. Taking this into account, the legislator provides protection of the rights of the economically weak party. In particular, according to Article Being guided by Article The decision comes into force from the date of its publication.

The decision is final and cannot be cancelled, changed or interpreted by any body or official.