The cases in which the administrative court proceedings will be conducted electronically and will be carried out using the videoconference communication system are determined.
APA informs that this is reflected in the new articles 9-1 and 9-2 proposed to the Administrative Procedure Code, included in the agenda of the next meeting of the Milli Majlis.
According to the project, in the courts where the "Electronic court" information system is applied, based on the plaintiff's (applicant's) choice, administrative court proceedings can be conducted electronically, in accordance with the general procedural rules established by this Code, through the "Electronic court" information system.
Compilation, sending, receiving, electronic registration and electronic circulation of court acts, applications, complaints and other documents by the court and process participants in accordance with the rules of use of the "Electronic court" information system determined by the relevant executive authority together with the Supreme Court of the Republic of Azerbaijan is carried out as
When administrative court proceedings are conducted electronically, those proceedings, including the sending and receiving of applications, complaints and other documents, as well as the delivery of court documents to the court and process participants, are carried out through the electronic cabinet created in the "Electronic court" information system.
Court acts and other documents submitted in the manner provided above may not be required to be submitted in another manner.
During the electronic court proceedings conducted according to the above procedure, the participants of the process submit written evidence only through the electronic cabinet created in the "Electronic court" information system.
However, if the authenticity of the written evidence presented in this order raises doubts, the court may request the submission of the original or duly certified copy of the written evidence.
The opportunity to observe the court session in real time can be organized based on the application of the party who cannot participate in the session and if technical possibilities allow it, by the decision of the court.
In the "Electronic Court" information system, enhanced electronic signature and certified electronic signature tools are used for electronic document circulation.
According to the Law of the Republic of Azerbaijan "On Electronic Signature and Electronic Document", work materials drawn up in the form of an electronic document are equal to materials on a paper carrier and have the same legal force as them.
When the administrative court proceedings are conducted electronically, the placing of the names of the process participants, their postal addresses, their used e-mail addresses, and mobile phone numbers in the "Electronic court" information system is ensured by the court hearing the case.
At the same time, according to the project, video conferencing of administrative court proceedings will be carried out using the communication system.
In the following cases, the court may conduct court proceedings without the direct participation of the participant in the administrative court proceedings, his representative (legal representative), lawyer, witness, expert, specialist, interpreter in the courtroom using the videoconference communication system:
- if the participants of the administrative court proceedings, their representatives (legal representatives), lawyers, witnesses, experts, specialists, translators are outside the country or in another city (district) within the country, and it is impossible for those persons to personally participate in the court session for a valid reason;
- if the participants of the administrative court proceedings, their legal representatives and witnesses cannot attend the court session in person due to the fact that they are in a treatment facility;
- if the participants of the administrative court proceedings, their legal representatives and witnesses cannot attend the court session in person due to deprivation of liberty or detention;
- if the persons mentioned in Article 9-2.1 of this Code cannot participate directly in the relevant proceedings as a result of natural or man-made accidents, epidemics, emergency, military situation or force majeure;
- in other cases in order to prevent unnecessary prolongation of court proceedings.
In order to conduct court proceedings using the video conference communication system, the court shall adopt a relevant decision on its own initiative or on the basis of a reasoned petition of the parties.
When the court proceedings are conducted using the videoconference communication system, the technical means used must ensure the quality of sound and video, real-time transmission to the courtroom, the transparency of the proceedings and compliance with other basic principles and conditions, as well as information security.
Video recording of court sessions and procedural actions carried out using the video conference communication system must be made, a protocol must be drawn up in accordance with the video recording, and the video recording must be attached to the case on an electronic carrier.
In the cases stipulated in this Code, it is not allowed to hold a closed court session using the video conference communication system.