New legal approaches have been defined in the Republic of Azerbaijan for the purpose of appointing labor pensions and ensuring the uniformity of judicial practice.
According to Modern.az, pursuant to the decision on the application of Article 1.11 of the Law No. 530-VIQD dated May 13, 2022, “On amending the Law of the Republic of Azerbaijan “On Labor Pensions” and Article 2.2 of the transitional provisions of the same Law, when appointing or recalculating pensions for persons whose right to a labor pension by age arose before June 29, 2022, the second sentence of Article 45 of the said law, which was in force from July 1, 2017, to June 29, 2022, must be applied.
In this case, the expected pension payment period is increased by the number of months between the age of early retirement under preferential conditions and the pension age determined by Article 7 of the law.
The decision also notes that in order to ensure legal certainty and the stability of court acts, the new legal positions established will apply to claims filed with the courts after the date of the decision, as well as to cases filed before that date but not yet completed in the courts of first instance.
In addition, court acts issued in accordance with previous legal positions in cases considered in appellate and cassation instances will not be annulled or changed solely by reference to new positions. The application of new legal positions will only be considered in relation to complaints filed regarding cases finalized by the courts of first instance after the adoption of the decision.
