07.04.2025

Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held a regular session.

At the court session was examined the constitutional case based on the inquiry of the Baku Court of Appeal on interpretation of Article 17.1.4 of the Law of the Republic of Azerbaijan "On Compulsory Insurance" in terms of Articles 373, 377.1 and 379 of the Civil Code of the Republic of Azerbaijan.

Having heard the report of Judge H.Afandiyeva, studied and discussed the reports of interested parties – Baku Court of Appeal and Staff of the Milli Majlis (Parliament), the conclusions of specialists – Center for Legal Expertise and Legislative Initiatives, Central Bank of the Republic of Azerbaijan, Sumgayit Court of Appeal and Bar Association of the Republic of Azerbaijan, opinion of expert – Associate Professor of the Civil Law Department of the Law Faculty of Baku State University, Doctor of Philosophy in Law S.Suleymanli, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that the period of limitation for claims related to insurance payment begins from the moment the insured (or beneficiary) knows (should have known) that the insurer has refused to pay the insurance payment, the insurance payment is made despite the disagreement with the amount of the insurance payment, as well as the expiration of the period for the performance of the insurer's obligation (the period provided for in Article 18.1 of the Law of the Republic of Azerbaijan "On Compulsory Insurance") if the insurance payment is not made and a notification of refusal of the insurance payment is not given.

In relation to insurance events under compulsory insurance of real estate, the "reference" provided for in Article 17.1.4 of the Law of the Republic of Azerbaijan "On Compulsory Insurance" does not include the decision of the authorized body determining guilt in administrative offenses or criminal cases related to that event.

The decision comes into force from the date of its publication, is final, and may not be cancelled, changed or officially interpreted by any institution or official.