The Law of the Republic of Azerbaijan “On Private Enforcement Officers”, which entered into force on January 1, 2026, introduced the institution of private enforcement officers in Azerbaijan. According to that Law:
A private enforcement officer is an individual who has obtained a certificate to carry out the enforcement of decisions of courts and other bodies. A private enforcement officer has the status of a compulsory enforcement body, carries out activities professionally, and is not considered a representative of state power.
A private enforcement officer is independent in the performance of their professional duties and is subject only to the law.
The effectiveness of the activities of Private Enforcement Officers:
International experience shows that in countries that apply the private enforcement system, this activity is quite effective. Thus:
The absolute majority of enforcement cases are carried out by private enforcement officers: (France, Estonia, the Netherlands, etc. 100%, Kazakhstan 99%, Bulgaria 90%);
Transparency in the activities of private enforcement officers is high, risks and complaints related to negative situations are low (in Lithuania, only 1 complaint per 5 thousand cases);
Private Enforcement Officers receive income that provides a reasonable return for their work (in France and the Netherlands, 20% of income remains as net profit, and in Portugal and Serbia, 25-30%).;
The private enforcement officer has a high interest in the quick and correct implementation of work, as a result, the efficiency of the work increases (in Kazakhstan, efficiency increased 5.5 times, in Lithuania productivity increased 4 times, in Bulgaria, the amounts collected increased 15 times, in Serbia, 70% of cases that had been accumulating for years have been finalized, while in most countries, the percentage of successful enforcement has increased to 55-65%);
A private enforcement officer, without additional obligations, freely forms his own labor team and has broad and real opportunities to take measures related to each enforcement case.
Having satisfactory income also strengthens technical support, automation is expanding (developed electronic enforcement systems have been established in Portugal, Estonia, Lithuania);
The private enforcement officer also acts as an employer, contributing to the creation of workplaces.
The private enforcement officer supports the state budget by paying taxes from his/her income;
Profile of a Private Enforcement Officer:
A Private Enforcement Officer is an official who professionally ensures the enforcement of court and other decisions;
A Private Enforcement Officer has the right to carry out compulsory enforcement actions, as is the case with state enforcement officers;
For this purpose, the state grants him/her compulsory enforcement powers by law, and his/her status is confirmed by a certificate;
A Private Enforcement Officer is neutral in relation to the parties to enforcement proceedings, and has a duty to protect the rights and interests of both parties;
A Private Enforcement Officer provides paid services based on established tariffs, is self-financed, and may not determine service fees at his/her own discretion;
A Private Enforcement Officer is a member of the Chamber of Private Enforcement Officers, a professional association of private enforcement officers, and follows the internal management rules of the Chamber;
A Private Enforcement Officer is subject to state supervision, submits periodic reports, and undergoes inspections.
Requirements for becoming a Private Enforcement Officer:
A citizen of the Republic of Azerbaijan holding a higher education degree may become a private enforcement officer.
The following persons may not be Private Enforcement Officer:
persons recognized by a court as legally incapacitated or having limited legal capacity;
persons subject to a legally effective court decision on the application of compulsory medical measures;
persons previously convicted of a crime;
persons unable to fulfill court decisions regarding monetary obligations;
military personnel who have been discharged from military service due to incompatibility with service, or who have been deprived of military rank by a court decision or disciplinary order within the last 5 (five) years due to gross misconduct in the performance of their duties or acts incompatible with service;
persons dismissed from law enforcement agencies for gross misconduct in the performance of their duties, as well as persons whose judicial appointment, civil service (including special forms of civil service), legal practice, notarial activities, or private enforcement officer activities have been terminated as a disciplinary measure;
persons holding dual citizenship or having obligations to other states;
religious officials;
persons deemed unable to perform the duties of a private enforcement officer due to physical or mental health conditions, based on a medical opinion;
persons who have reached the age of 65.
Recruitment for the position of Private Enforcement Officer:
The position of private enforcement officer is filled on a competitive basis. The competition consists of test examination and interview stages. Applicants wishing to become a private enforcement officer must complete at least 3 (three) months of mandatory initial training and participate in an internship.
The following persons may be exempted from the stages of the competition:
Persons who have served for at least 3 (three) years in positions carrying special ranks within the body directly supervising the activities of enforcement officers of the Ministry of Justice, or as state enforcement officers, shall be exempt from the test examination, mandatory initial training, and internship, except for office management and accounting training.
Application to become a Private Enforcement Officer:
Applicants wishing to become a private enforcement officer apply to the Competition Commission for Private Enforcement Officers. In this regard, the Commission publishes an announcement on the official websites of the Ministry of Justice of the Republic of Azerbaijan, the Chamber of Private Enforcement Officers, as well as in other media. The application procedure is explained in detail in the announcement. Applocants wishing to become private enforcement officers may apply by following the procedure specified in the announcement.
According to paragraph 3.1 of the “Rules for Conducting the Competition, as well as the Initial Mandatory Training and Internship for Persons Wishing to Become Private Enforcement Officers”, candidates are ranked based on the total score obtained in the competition. If two or more candidates obtain the same number of points, preference shall be given to candidates who hold consecutive academic degrees, have completed a higher level of education, and, where the level of education is the same, have graduated from an educational institution with honors or possess knowledge of a foreign language. Based on this ranking, candidates are admitted to the initial mandatory training and internship in accordance with the number of available vacancies for the positions of private enforcement officer. Other candidates shall be placed on a reserve list for a period of 2 (two) years and are involved in the initial mandatory training and internship if new vacancies arise during that period.
Register of Private Enforcement Officers:
The Register of Private Enforcement Officers is a database where characterizing information on all private enforcement officers is collected. The register is open to the public. A person may begin his/her activities as a private enforcement officer only after taking an oath and after his/her information has been entered into the Register of Private Enforcement Officers.
The powers of a Private Enforcement Officer:
to initiate proceedings on the basis of an enforcement document;
to grant the debtor a voluntary enforcement period;
to conduct a search for property and income if the requirements of the enforcement document are not voluntarily fulfilled without a valid reason;
to issue various requests;
to summon the parties to the proceedings and other persons;
to impose a seizure on property;
to direct the claim against property and income;
to place the debtor on a wanted list;
to submit requests for the compulsory appearance of the debtor and restriction of the debtor’s departure from the country;
to draw up a protocol on an administrative offense;
to submit a request for the initiation of criminal proceedings against a debtor.
to receive a standard fee, additional enforcement fee and advance payment in accordance with the tariffs established by legislation for the services provided, etc.
The work performed by the Private Enforcement Officer:
A Private Enforcement Officer may enforce all enforcement documents, except for decisions in criminal cases, administrative offence cases and administrative disputes, cases where state bodies are parties, cases concerning communication with a child and the return of a child, cases related to protection from domestic violence, and cases involving compulsory treatment.
Payments related to the activities of the Private Enforcement Officer:
The private enforcement officer receives enforcement fees and is self-financed through the provision of paid services based on established tariffs. The fees of the private enforcement officer include:
Standard fee – a fee charged to the debtor to cover the costs associated with the enforcement actions, including the work of the private enforcement officer and his/her employees. The fixed part of the standard fee for monetary claims ranges from a minimum of 30 manats to a maximum of 50,000 manats.
Additional enforcement fee - paid by the claimant for full or partial enforcement by mutual agreement. This fee can be understood as a reward for the successful activities of the enforcement officer. For monetary claims, it is determined at up to 15% of the amount recovered.
Advance payment - a pre-paid part of the standard fee. It is paid by the claimant, measures are taken to recover it by withholding it from the debtor. In monetary claims, it is 20% of the fixed part of the standard fee.
The amounts (limits) of all three payments are determined by legislation.
The private enforcement officer has the right to independently dispose of the funds remaining after payment of taxes and other mandatory payments stipulated by law, office maintenance costs, including employee salaries, and other expenses related to his/her activities, from the funds received from his/her activities.
Payment of the fees of the private enforcement officer can be made only electronically and only through a bank account allocated for this purpose. The private enforcement officer is prohibited from accepting cash.
Chamber of Private Enforcement Officers:
The Chamber is a self-governing body of private enforcement officers. Its main purpose is to ensure the development and improvement of the activities of private enforcement officers. The Chamber is established on the basis of mandatory membership of private enforcement officers, is a non-commercial legal entity. It is headed by the Chairman of the Board of Directors. The procedure for managing the Chamber is regulated by the Charter of the Chamber. The Chamber is established by the Private Enforcement Officers themselves, and until then its functions are performed by the Ministry of Justice.
Place of activity of the Private Enforcement Officer:
The place of activity of the private enforcement officer is his/her office. As a rule, the private enforcement officer accepts for enforcement of the decisions made within the territorial jurisdiction of the court of appeal, competent for that place. He/she has the authority to carry out enforcement actions throughout the country.
To ensure his/her activities, the private enforcement officer may employ an unlimited number of assistants, as well as employees performing clerical, archival, financial and accounting and other work. Labor relations between the private enforcement officer and his/her employees are regulated by the labor legislation of the Republic of Azerbaijan.
If the claimant wants the enforcement document to be enforced by a private enforcement officer:
When requesting enforcement of a decision by a private enforcement officer, the person in whose favor the decision was made (the claimant) shall apply in writing to the court (other body) before the enforcement document is sent for enforcement and request that the enforcement document be issued to him/her. In this case, the enforcement document is presented to the claimant for submission for enforcement. The claimant, taking into account the territorial jurisdiction, applies to the enforcement officer selected from the Register of Private Enforcement Officers. Submission for enforcement may be carried out by following the established electronic submission procedure or by personally visiting the office and presenting the enforcement document to the Private Enforcement Officer. In both cases, the relevant application must be submitted.
The enforcement document may be submitted for enforcement by the claimant within 3 (three) years from the date it was handed over to the claimant.
The Ministry of Justice determines the upper limit of the number of cases that a private enforcement officer may accept for enforcement.
Withdrawal of the case from the proceedings of the Private Enforcement Officer and its transfer to a State Enforcement Officer:
After the advance payment has been made, the enforcement document may not be withdrawn from the proceedings of the Private Enforcement Officer and transferred to the proceedings of a State Enforcement Officer, except for claims for the recovery of alimony, compensation for damage caused to health, compensation for damage caused to persons who suffered harm as a result of the loss of a breadwinner, and compensation for damage caused as a result of a crime.
Withdrawal of the case from the proceedings of the State Enforcement Officer and its transfer to a Private Enforcement Officer:
There are no restrictions in this regard. However, it should be noted that the provisions of the Law "On Private Enforcement Officers" shall apply to the enforcement of enforcement documents issued after 01.01.2026. Enforcement documents issued before that date may be transferred to the proceedings of a Private Enforcement Officer with the officer’s consent, provided that the number of such cases does not exceed the limit established by the Ministry of Justice.
