10
NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
are in accordance with the requirements of the Electoral Code. If necessary,
this ten-day period may be extended (Article 171.3).
B. Code of Civil Procedure
1. Written evidence
48. A civil court examines and relies only on evidence submitted by the
parties (Article 14.2).
49. Each party to the civil proceedings must submit evidence proving the
facts forming the basis of their claims and objections (Article 77.1). In
disputes concerning invalidation of acts of the State, administrative and
other authorities, the burden of proving the facts forming the basis of such
acts falls upon the relevant authority (Article 77.2). In the event that the
examination of the case on the basis of the evidence available in the case
file is impossible, the court may request the parties to submit additional
evidence (Article 77.3).
50. Written evidence must be submitted to courts either in original or in
duly certified copies. If only a part of a document is relevant to the case
under examination, a certified extract must be submitted (Article 89.3).
2. Proceedings concerning electoral disputes
51. Chapter 25 of the CCP sets out rules for examination of applications
concerning the protection of electoral rights (or a right to participate in a
referendum). According to Article 290, such applications shall be submitted
directly to the appellate courts in accordance with the procedure established
by the Electoral Code.
52. Applications concerning the protection of electoral (referendum)
rights shall be examined within three days of receipt of the application,
except for applications submitted on election day or the day after election
day, which shall be examined immediately (Article 291.1). The court shall
hear the case in the presence of the applicant, a representative of the
relevant electoral commission and any other interested parties. Failure by
any of these parties to attend the hearing after due notification shall not
preclude the court from examining and deciding the case (Article 291.2).
53. The appellate court's decision can be appealed to the higher court
(the court of cassation) within three days. This appeal shall be examined
within three days, or immediately if submitted on election day or the next
day. The decision of the court of cassation is final (Article 292).
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