Azərbaycan Respublikası Ədliyyə Nazirliyi

Frequently Asked Questions

How to issue a power of attorney through the "Mobile Notary" when outside the country?

In order to further increase accessibility to notary services, including the organization of the opportunity to receive professional legal assistance regardless of time and place (both within the territory of the Republic of Azerbaijan and outside the borders of the Republic of Azerbaijan), the "Mobile Notary" application was launched in 2019, and through it, some notarial actions can be formalized remotely without directly contacting the notary office.

The "Mobile Notary" application can be downloaded free of charge from the "AppStore" or "Google Play" mobile download platforms.

Registration in the application can be carried out via -

1) video recording;

2) user code received from the notary and

3) digital login (Sima Digital Signature, ASAN Signature, Sima Token (Electronic Signature), Individual Identification Number).

Citizens of the Republic of Azerbaijan, as well as foreigners and stateless persons with permanent or temporary residence permits in our country, can use the services of the application 24/7, regardless of their location.

Registered users can electronically formalize the following types of powers of attorney:

• Powers of attorney for driving vehicles;

• Powers of attorney for disposing of vehicles;

• Powers of attorney for lawyers;

• Social powers of attorney;

• Powers of attorney for representation in banks;

• Powers of attorney for inheritance matters;

• Powers of attorney for representation in various institutions;

• Powers of attorney for disposing of real estate.

Through the aforementioned application, it is possible to formalize relevant applications (applications for termination of powers of attorney, disposal of real

Is it possible to drive a vehicle with a marriage certificate without a power of attorney?

Regarding the issue of driving a vehicle acquired by spouses during marriage on the basis of a marriage certificate, it should be noted that the marriage certificate does not determine the legal regime to which the property of the spouses belongs. This document, in accordance with Article 175 of the Family Code, is issued only when a marriage is recorded and confirms the existence of marital relations between the parties.

In cases where the person who has the right to own the vehicle is not in the vehicle, driving the vehicle without a power of attorney (except for cases where the spouses have a certificate of common ownership) entails administrative liability established by Article 332.1 of the Code of Administrative Offenses.

Are contracts concluded without the consent of the spouse considered invalid?

As is known, property acquired during marriage is considered the joint property of the spouses (Article 225.1 of the Civil Code of the Republic of Azerbaijan), a contract concluded on a right registered in the state register of real estate without the consent of the spouse who has joint rights to real estate is considered invalid. This also applies to cases where the acquirer is in good faith that such a right belongs only to the contracting party (Article 225.6 of the aforementioned Code).

 

How much is the state fee for a lease agreement concluded at a notary's office

The rates of state fees charged by notaries for notarial acts are determined in Article 10 of the Law of the Republic of Azerbaijan "On State Fees". Since a lease agreement is another contract that is being assessed, the fee is classified in the following amounts depending on the subjects of the contract (Article 10.7):

If the parties are husband (wife), children, parents, grandfather, grandmother, grandson, brother, sister - 15 manats;

If one of the parties is an individual or legal entity engaged in the production of agricultural products - 15 manats;

If the parties are other persons - 100 manats.

A service fee of 15% of the above fees is charged.

What is a certificate of inheritance?

According to Article 1321.3 of the Civil Code of the Republic of Azerbaijan, a person listed as an heir in a certificate of inheritance is deemed to have the right specified in that certificate.

Where should a person apply to obtain a certificate of inheritance?

In accordance with Article 57 of the Law "On Notaries", the notary of the place where the inheritance is opened issues a certificate of inheritance rights to the heirs regarding the property transferred by inheritance.

How are shares of inherited property divided in the case of a will?

According to Article 1193 of the Civil Code, the testator's children, parents and spouse have a mandatory share in the inheritance, regardless of the content of the will. This share must be half of the share (mandatory share) that would have been due to them by law upon inheritance.

How much is the service fee for notarial actions after working hours, on weekends and holidays?

 The "Rules for conducting notarial actions by a private notary after working hours, on weekends or holidays" and "Criteria for determining the amount of the fee for conducting notarial actions outside the notary office, as well as after working hours, on weekends or holidays" were approved by the decision No. 3-N of the Collegium of the Ministry of Justice of the Republic of Azerbaijan dated 13.02.2019. According to this Rule, the amount of the fee for conducting notarial actions outside the notary office, as well as after working hours, on weekends or holidays is calculated in accordance with the time spent on the service (based on the start and end times).

In accordance with paragraph 5.4 of the aforementioned Regulation, the cost of one hour of labor spent on the service is equal to 0.3 times the average hourly income of all notaries operating in the Republic of Azerbaijan for the previous year (determined for the calculation of mandatory payments) for Baku city, 0.2 times for Sumgayit, Ganja cities and Absheron region, and 0.15 times for other regions. As a result of the calculation carried out in this manner, the cost of the service to be applied in 2025 was determined as follows:

-90.90 manats for Baku city (0.3 times)

-60.60 manats for Sumgayit, Ganja cities and Absheron region (0.2 times)

-45.45 manats for other regions (0.15 times)

In what cases is an execution record made by a notary?

According to Article 76 of the Law "On Notary", in order to collect sums of money from the debtor or to claim and receive property, the notary at the location of the debtor must make enforcement notes on the documents establishing the debt. Enforcement notes are made only if the submitted documents confirm that the debt is undisputed and the period specified in the third part of this article has not expired.

Unless another period is established by law for the claim for which an enforcement note is made, the enforcement note is made from the date of the emergence of the right to demand an enforcement note until the relevant claim periods specified in Article 373 of the Civil Code of the Republic of Azerbaijan expire.

For the execution of an enforcement note, state bodies, as well as legal entities and individuals, may apply electronically using an electronic signature in accordance with the procedure established by the Law of the Republic of Azerbaijan "On Electronic Signature and Electronic Document".

Individuals may also apply to notary offices in writing. The claimant must send the debtor a notification by registered mail at least 20 days before the date of his application to the notary office for the execution note that an enforcement note will be made if the claim is not executed. The form of the notification is determined by the Ministry of Justice of the Republic of Azerbaijan. The procedure for sending a notification on the imposition of seizure on the mortgaged object and the period for making an enforcement record by a notary after this notification are regulated by the Law of the Republic of Azerbaijan "On Mortgage". A copy of the notification, a document confirming its delivery to the debtor, the debtor's response letter (if there is a response letter) and documents identifying the debt are attached to the application for making an enforcement record. When applying electronically, the documents attached to the application are scanned or attached to it as an attachment in the form of an electronic document. In cases of any doubts regarding the authenticity of the scanned documents, the claimant is required to submit the originals of those documents.

A claim for which an enforcement record has been made may be contested by the debtor in court.

After the application for making an enforcement record is received by the Electronic Notary Information System of the relevant executive authority or the written application of an individual to the notary office, the notary shall make an enforcement record within one business day and send the enforcement record to the Electronic Enforcement Information System of the relevant executive authority for execution in accordance with the Law of the Republic of Azerbaijan "On Enforcement" through the Electronic Notary Information System of the relevant executive authority.

What notarial operations can be performed through the “Mobile Notary” application?

In order to further increase accessibility to notary services, including the organization of the opportunity to receive professional legal assistance regardless of time and place (both within the territory of the Republic of Azerbaijan and beyond the borders of the Republic of Azerbaijan), the "Mobile Notary" application was launched in 2019, through which some notary actions were officially registered remotely without directly contacting the notary office. The "Mobile Notary" application can be downloaded free of charge from the "AppStore" or "Google Play" mobile download platforms. Registration in the application can be carried out 1) via video recording; 2) via a user code received from the notary and 3) via a digital login (Sima Digital Signature, ASAN Signature, Sima Token (Electronic Signature), personal identification number).

Citizens of the Republic of Azerbaijan, as well as foreigners and stateless persons with permanent or temporary residence permits in our country, can use the services of the application 24/7, regardless of their location.

Registered users can electronically formalize the following types of powers of attorney:

- Powers of attorney for driving vehicles;

- Powers of attorney for disposing of vehicles;

- Powers of attorney for lawyers;

- Social powers of attorney;

- Powers of attorney for representation in banks;

- Powers of attorney for inheritance matters;

- Powers of attorney for representation in various institutions;

- Powers of attorney for disposing of real estate.

In addition, through the aforementioned application, it is possible to formalize relevant applications (applications for termination of powers of attorney, disposal of real estate, refusal of a previously submitted application, issuance of a student loan, applications for obtaining a universal citizenship passport for minors, including applications for consent written by their parents to leave the country, application for consent of the owner in connection with registration in the residential area), as well as agreements for temporary use of apartments, houses (gardens) (rental agreement).

A fee is charged for notarial actions performed through the "Mobile Notary" application in the amount established by the laws "On State Duty" and "On Notary".

What documents must be submitted in order to obtain archival documents from the state notary archive?

According to Article 32 of the Law of the Republic of Azerbaijan "On Notary", certificates and documents on notarial acts should be issued only to individuals and legal entities that have commissioned notarial acts or in respect of whom notarial acts have been performed.

In case of application by individuals for information on notarial acts and copies of documents related to them from the state notary archive:

-identity document

in case of death of the person against whom the notarial act was performed:

-certificate of inheritance or documents confirming the right of inheritance stating that he is an heir or documents confirming the relationship of kinship (identity card, birth, death or marriage certificates, respectively)

in case of application by legal entities:

-charter,

-extract from the state register,

-power of attorney.

Under what conditions are official documents of foreign countries accepted in the territory of the Republic of Azerbaijan?

According to Article 90 of the Law "On Notary", notaries accept documents drawn up abroad with the participation of foreign authorities or sent by them, provided that these documents are legalized by the relevant executive authorities of the Republic of Azerbaijan. In cases provided for in the legislation of the Republic of Azerbaijan or in international treaties and agreements to which the Republic of Azerbaijan is a party, notaries accept such documents without legalization. By the Law of March 5, 2004 on accession to the "Convention Abolishing the Requirement of Legalization for Foreign Official Documents", the Republic of Azerbaijan acceded to the "Convention Abolishing the Requirement of Legalization for Foreign Official Documents", signed in The Hague on October 5, 1961. According to Article 1 of the Convention, for the purposes of this Convention, the following are considered official documents: a) documents received from a state body or an official connected with a court or economic court of the state, including documents received from a public prosecutor (prosecutor), court clerk, bailiff; b) administrative documents; c) notarial acts; d) official records attached (attached) to documents signed by a private individual, official documents (records) confirming the registration of a document or a fact that occurred on a certain date and equivalent to notarial and official certification of signatures. Each State party to the Convention, in accordance with Articles 2 and 3 of the Convention, exempts documents to which this Convention applies and which must be presented in its territory from legalization and requires the apostille to be affixed to such documents by the competent authority of the State. Documents issued in States party to the "Convention Abolishing the Requirement of Legalization for Foreign Public Documents" must be affixed to an apostille, and documents issued in other States must be legalized.

In what manner is a certificate of employment obtained from the Electronic Government Portal certified by a notary and what is the amount of the service fee?

When a person applying to the notary's office receives a written application for obtaining a copy of a certificate of employment from the Electronic Government Portal ("E-GOV") and certifying its copy, the notary confirms the accuracy of the copy of the document obtained from the portal through the person's electronic signature. The state duty and service fee charged for this operation is 3 manat.

If a minor participates as a party (i.e. buyer, seller, donee, donor, etc.) in the approval of contracts for the alienation of real estate, is the participation of both parents necessary?

According to Article 56 of the Family Code of the Republic of Azerbaijan, parents have equal rights and duties towards their children. According to Articles 29 and 30 of the Civil Code of the Republic of Azerbaijan, only parents, adoptive parents or guardians may conclude transactions on behalf of minors under the age of 14. Minors aged 14 to 18 shall conclude transactions with the written consent of their legal representatives – parents, adoptive parents or guardian. In accordance with these requirements of the law, the participation of both parents is required when formalizing contracts for the alienation of real estate. In the event of the death of one of the parents, notarial acts are carried out with the participation of the surviving parent.

When approving a will regarding real estate (residential and non-residential premises, land, etc.), is it necessary to submit an extract from this property and a document confirming the testator's kinship with the testator to the notary?

According to Part 71 of the "Instructions on the Rules for Conducting Notarial Actions in the Republic of Azerbaijan", when approving a will, the testator is not required to provide a document confirming the ownership right over the property he bequeathed, as well as the kinship relationship with the person bequeathed in his favor. At the same time, it is advisable to submit the relevant extract to the notary in order to accurately reflect the information on the property in the will. Thus, in case of errors in the information on the bequeathed property, difficulties may arise in determining the bequeathed property.

Whose consent should be obtained for the bequest of a privatized apartment?

According to Article 12 of the Law of the Republic of Azerbaijan "On the Privatization of Housing Fund in the Republic of Azerbaijan", citizens who have acquired an apartment may bequeath this apartment with the consent of their adult family members.

How is a will drawn up by a notary from the testator's words formalized?

According to Article 1180 of the Civil Code of the Republic of Azerbaijan, it is allowed to write a will from the testator's words by a notary in the presence of two witnesses. Generally accepted technical means may be used when writing a will. The testator must read the will written by a notary from the testator's words and sign it in the presence of the notary and witnesses.

How is the power of attorney revoked when there are 2 or more trustees?

According to Part 79 of the "Instructions on the Rules for Conducting Notarial Actions in the Republic of Azerbaijan", a power of attorney is terminated based on a notarized application of the person who issued the power of attorney or to whom the power of attorney was issued. When a power of attorney is terminated, the power of attorney to another person ceases to be valid. A power of attorney issued on behalf of one or more persons to one or more persons is partially terminated against a person chosen by any of them based on a notarized application. If the power of attorney was certified in another notary office, the notary who accepted the application for termination of the power of attorney terminates the power of attorney by writing a note on termination of the power of attorney in the "Electronic Notary" information system and immediately sends the application to the notary who certified the power of attorney through the system. That notary immediately makes a corresponding note on termination of the power of attorney in the notary register.

One parent has issued a power of attorney to the other parent or another person to write a consent application regarding leaving the country. Is it possible to confirm the consent application regarding leaving the country with that power of attorney?

According to Article 362.1 of the Civil Code of the Republic of Azerbaijan, a power of attorney granted by one person to another person for representation before third parties is considered a power of attorney. The consent of parents to the departure of minors from the country may be certified by a notary upon the application of their representatives on power of attorneys certified by a notary and specifically stipulating the relevant authority in this regard (information about the child and granting consent to leave the country).

When all powers are granted in the same power of attorney to two or more persons, and one of the trustees wishes to renounce all the powers granted to him, how is the power of attorney revoked?

According to Article 365.1.4 of the Civil Code of the Republic of Azerbaijan, the power of attorney is terminated as a result of the refusal of the person to whom the power of attorney was issued. According to Part 79 of the "Instructions on the Rules for Conducting Notarial Actions in the Republic of Azerbaijan", a power of attorney issued on behalf of one or more persons to one or more persons is partially terminated against the person chosen by any of them based on a notarized application.

Is the term of power of attorney issued to a foreigner or stateless person the same as the term of power of attorney issued to a citizen of the Republic of Azerbaijan?

In the legislation, the term of a power of attorney differs depending on the powers granted under this transaction, not on the citizenship of its subject. According to Article 363 of the Civil Code of the Republic of Azerbaijan, a power of attorney can be issued for any period. If the term is not specified in the power of attorney, it remains valid for one year from the date of its conclusion. A power of attorney without a date of conclusion is invalid. A power of attorney intended for the performance of actions abroad and without a validity period, if certified by a notary, remains valid until it is canceled by the person who issued the power of attorney. A power of attorney providing for the right to dispose of a vehicle cannot be issued for a period exceeding one year. According to Part 77 of the "Instructions on the Rules for Conducting Notarial Actions in the Republic of Azerbaijan", the term of powers of attorney issued for the temporary free use of vehicles cannot exceed the validity period of a driver's license.

Xüsusi icra məmuru kimdir?

Xüsusi icra məmuru məhkəmələrin və digər orqanların qərarlarının icrasını həyata keçirmək üçün şəhadətnamə almış fiziki şəxsdir. O, məcburi icra orqanı statusuna malikdir, fəaliyyətini peşəkar əsaslarla həyata keçirir, Palatanın üzvüdür. Dövlət hakimiyyətinin nümayəndəsi hesab edilmir. Xüsusi icra məmuru peşə fəaliyyətini həyata keçirərkən müstəqildir, yalnız qanuna tabedir.

Xüsusi icra məmuru vəzifəsi necə tutulur? Mərhələlərin hansısa birindən azad olma halları varmı?

Xüsusi icra məmuru vəzifəsi üzrə vakansiyalar müsabiqə əsasında tutulur. Müsabiqə test imtahanı və müsahibə mərhələlərindən ibarətdir. Xüsusi icra məmuru olmaq istəyən şəxslər azı 3 (üç) aylıq ilkin icbari hazırlıqdan keçməli və stajkeçməyə cəlb olunmalıdır. 

Ədliyyə Nazirliyinin icra məmurlarının fəaliyyətinə nəzarəti bilavasitə həyata keçirən qurumunda xüsusi rütbələr nəzərdə tutulan vəzifələrdə və ya dövlət icra məmuru vəzifəsində 3 (üç) ildən az olmayaraq işləmiş şəxslər ofisin idarə edilməsi və mühasibatlıq təlimləri istisna olmaqla, testdən, ilkin icbari hazırlıqdan və staj keçməkdən azad edilirlər.

Xüsusi icra məmuru olmaq üçün hüquqşünas olmaq vacibdirmi?

Vacib deyil. Həm hüquqşünas olan, həm də hüquqşünas olmayan ali təhsilli şəxslər xüsusi icra məmuru ola bilərlər. 

Xüsusi icra məmuru olmaq üçün hara müraciət etmək lazımdır?

Xüsusi İcra Məmurlarının Müsabiqə Komissiyasına. Xüsusi icra məmuru vəzifəsi üçün vakansiyalar olduqda Komissiya tərəfindən Azərbaycan Respublikasının Ədliyyə Nazirliyinin, Xüsusi İcra Məmurlarının Palatasının rəsmi internet səhifələrində və digər media subyektlərində elan verilir. Elanda müraciətin qaydası ətraflı izah olunur. Xüsusi icra məmuru olmaq istəyən şəxslər elanda göstərilən qaydaya riayət etməli, əlavə məlumat üçün qeyd edilən əlaqə vasitəsilərinə müraciət etməlidirlər.  

Xüsusi icra məmuru olmaq üçün tələblər nədən ibarətdir?

Ali təhsilli Azərbaycan Respublikasının vətəndaşı xüsusi icra məmuru ola bilər.
Məhkəmə tərəfindən fəaliyyət qabiliyyəti olmayan və ya məhdud fəaliyyət qabiliyyətli hesab edilmiş, barəsində tibbi xarakterli məcburi tədbirlərin tətbiqinə dair məhkəmənin qanuni qüvvəyə minmiş qərarı olan, cinayət törətdiyinə görə əvvəllər məhkum edilmiş, pul öhdəlikləri barədə məhkəmə qərarını yerinə yetirə bilməyən şəxslər, vəzifəsinin icrası ilə bağlı əvvəllər yol verdiyi kobud nöqsanlara və ya qulluqla bir araya sığmayan hərəkətlərə görə son 5 (beş) il müddətində xidməti uyğunsuzluğa və ya məhkəmənin hökmü ilə və ya intizam qaydasında hərbi rütbədən məhrum edildiyinə görə həqiqi hərbi xidmətdən ehtiyata buraxılmış hərbi qulluqçular, habelə vəzifəsinin icrası ilə bağlı kobud pozuntulara görə hüquq mühafizə orqanlarından xaric edilmiş, eləcə də intizam tənbehi qaydasında hakimlik səlahiyyətlərinə, dövlət qulluğuna (o cümlədən dövlət qulluğunun xüsusi növünə), vəkillik, notariat, xüsusi icra məmuru fəaliyyətinə xitam verilmiş şəxslər, ikili vətəndaşlığı olan, digər dövlətlər qarşısında öhdəlikləri olan şəxslər, din xadimləri, tibbi rəyə əsasən fiziki və əqli pozuntularına görə xüsusi icra məmuru işləməyə qadir olmayan, 65 yaşına çatmış şəxslər xüsusi icra məmuru ola bilməzlər.

 

Xüsusi İcra Məmurlarının Reyestri nədir?

Xüsusi İcra Məmurlarının Reyestri bütün xüsusi icra məmurlarına dair xarakterizəedici məlumatların toplandığı məlumat bazasıdır. Reyestr ictimaiyyət üçün açıqdır. Şəxs yalnız and içdikdən və barəsində məlumat Xüsusi İcra Məmurlarının Reyestrinə daxil edildikdən sonra xüsusi icra məmuru kimi fəaliyyətə başlaya bilər.

Xüsusi icra məmurunun hansı səlahiyyətləri var?

İcra sənədi əsasında icraata başlamaq, borcluya könüllü icra müddəti vermək, icra üzrsüz səbəbdən təmin olunmadıqda isə əmlak və gəlirlərin axtarışını aparmaq, müxtəlif sorğular vermək, icraat tərəflərini və digər şəxsləri çağırmaq, əmlak üzərinə həbs qoymaq, tələbi əmlaka və gəlirə yönəltmək, borclunu axtarışa vermək, onun məcburi gətirilməsi və ölkədən çıxışının məhdudlaşdırması üçün təqdimatlar vermək, inzibati xəta haqqında protokol tərtib etmək, barəsində cinayət işinin başlanması üçün təqdimat vermək, göstərdiyi xidmətə görə qanunvericiliklə müəyyən edilmiş tariflərə uyğun standart haqq, əlavə icra haqqı və avans almaq və sair.

Xüsusi icra məmuru hansı növ işləri icra edir?

Cinayət, inzibati xəta və inzibati mübahisələr üzrə qərarlar, dövlət orqanlarının tərəf olduğu işlər, uşaqla ünsiyyət və uşağın qaytarılması, məişət zorakılığından mühafizə və məcburi müəlicəyə dair işlər istisna olmaqla bütün digər icra sənədlərinin icrasını həyata keçirə bilər. 

Tələbkar icra sənədinin xüsusi icra məmuru tərəfindən icra edilməsini istəyirsə nə etməlidir?

Qərarın xüsusi icra məmuru tərəfindən icra olunmasını istədikdə xeyrinə qərar çıxarılmış şəxs (tələbkar) icra sənədi icraya yönəldilənədək məhkəməyə (digər orqana) yazılı müraciət edir və icra sənədinin ona təqdim edilməsini xahiş edir. Bu halda icra sənədi icraya yönəldilməsi üçün tələbkarın özünə təqdim olunur. Sonuncu isə ərazi yurisdiksiyasını nəzərə almaqla, Xüsusi İcra Məmurlarının Reyestrindən seçdiyi icra məmuruna müraciət edir. İcraya yönəldilmə müəyyən edilmiş elektron yönəltmə qaydasına əməl etməklə, yaxud da bilavasitə ofisə gəlib icra sənədini xüsusi icra məmuruna təqdim etməklə mümkündür. Hər iki halda müvafiq ərizə yazılmalıdır. 

Tələbkar icra sənədini hansı müddətdə xüsusi icra məmurunun icraatına yönəldə bilər?

İcra sənədi tələbkara təqdim olunduğu vaxtdan 3 (üç) il müddətində tələbkar tərəfindən icraya yönəldilə bilər.

Xüsusi icra məmurunun icraata qəbul edə biləcəyi işlərin sayının hər hansı həddi varmı?

Bəli var, xüsusi icra məmurunun icraata qəbul edə biləcəyi işlərin sayının yuxarı həddini Ədliyyə Nazirliyi müəyyən edir.

İşi xüsusi icra məmurunun icraatından götürüb dövlət icra məmuruna vermək olarmı?

Alimentlərin tutulması, sağlamlığa vurulmuş ziyanın ödənilməsi, ailəni dolandıranın itkisi nəticəsində zərər çəkmiş şəxslərə vurulmuş ziyanın ödənilməsi və cinayət nəticəsində vurulmuş ziyanın ödənilməsi tələbləri istisna olmaqla, avans ödənildikdən sonra icra sənədinin xüsusi icra məmurunun icraatından götürülərək dövlət icra məmurunun icraatına yönəldilməsinə yol verilmir.

İşi dövlət icra məmurunun icraatından götürüb xüsusi icra məmuruna vermək olarmı?

Qadağa yoxdur, lakin nəzərə alınmalıdır ki, “Xüsusi icra məmurları haqqında” Qanunun müddəaları 01.01.2026-cı ildən sonra verilən icra sənədlərinin icrasına şamil olunur. Həmin tarixdən əvvəl verilən icra sənədləri xüsusi icra məmurunun icraatına onun razılığı və Ədliyyə Nazirliyinin müəyyən etdiyi həddən çox olmamaqla yönəldilə bilər.

Xüsusi icra məmurunun fəaliyyəti ödənişlidirmi?

Bəli. Xüsusi icra məmuru müəyyən edilmiş tariflər əsasında ödənişli xidmət göstərərək icra haqları alır və özünü maliyyələşdirir. Xüsusi icra məmurunun haqlarına aiddir:
•   Standart haqq – icra hərəkətlərinin həyata keçirilməsi ilə bağlı xərclərin, xüsusi icra məmurunun və onun işçilərinin əməyinin ödənilməsi üçün borcludan tutulur. 
•   Əlavə icra haqqı – qarşılıqlı razılığa əsasən icranın tam və ya qismən təmin olunmasına görə tələbkar tərəfindən ödənilir. Bu haqq icra məmurunun uğurlu fəaliyyətinə görə mükafatlandırma kimi başa düşülə bilər. 
•   Avans – standart haqqın əvvəlcədən ödənilən hissəsidir. Tələbkar tərəfindən ödənilir, borcludan tutularaq qaytarılması üçün tədbirlər görülür. 
Hər üç ödənişin məbləğləri (hədləri) qanunvericiliklə müəyyən edilmişdir. 
Xüsusi icra məmuru öz fəaliyyətindən əldə etdiyi vəsaitdən qanunla nəzərdə tutulmuş vergiləri və digər məcburi ödənişləri, ofisinin saxlanılması xərclərini, o cümlədən işçilərinin əmək haqlarını və fəaliyyəti ilə bağlı digər xərcləri ödədikdən sonra qalan vəsait üzərində müstəqil sərəncam vermək hüququna malikdir.

Ödənişlər hansı qayda ilə aparılır?

Xüsusi icra məmurunun haqlarının ödənilməsi yalnız elektron qaydada və yalnız bunun üçün ayrılmış bank hesabı vasitəsilə həyata keçirilə bilər. Xüsusi icra məmuruna nağd vəsait qəbul etmək qadağandır. 

Xüsusi icra məmurlarının fəaliyyətində Xüsusi İcra Məmurlarının Palatasının rolu nədən ibarətdir?

Palata xüsusi icra məmurlarının özünüidarə orqanıdır. Onun əsas məqsədi xüsusi icra məmurlarının fəaliyyətinin inkişafını və təkmilləşdirilməsini təmin etməkdən ibarətdir. Palata xüsusi icra məmurlarının məcburi üzvlüyü əsasında yaradılır, qeyri-kommersiya hüquqi şəxsdir. İdarə heyətinin sədri ona rəhbərlik edir. Palatanın idarə olunması qaydası Palatanın Nizamnaməsi ilə tənzimlənir.

Xüsusi icra məmurunun fəaliyyət yeri haradır?

Xüsusi icra məmurunun fəaliyyət yeri onun ofisidir. O, bir qayda olaraq həmin yer üzrə səlahiyyətli olan apellyasiya instansiyası məhkəməsinin ərazi yurisdiksiyasında qəbul edilmiş qərarları icra üçün öz icraatına qəbul edir. İcra hərəkətlərini isə ölkənin bütün ərazisində aparmaq səlahiyyətinə malikdir.  

Xüsusi icra məmuru fəaliyyətinin təmin edilməsi üçün sayı məhdudlaşdırılmayan köməkçi, habelə kargüzarlıq, arxiv, maliyyə-mühasibat və digər işləri yerinə yetirən işçiləri işə götürə bilər. Xüsusi icra məmuru ilə işçilərinin əmək münasibətləri Azərbaycan Respublikasının əmək qanunvericiliyi ilə tənzimlənir. 

Dövlət icra məmuru dövlət qulluqçusu sayılırmı?

Dövlət icra məmuru dövlət qulluqçusu sayılır, onun fəaliyyəti dövlət qulluğunun xüsusi növünə aid edilir.

Dövlət icra məmuru vəzifəsi üçün hansı mərhələlər nəzərdə tutulub?

Dövlət icra məmuru vəzifəsi müsabiqə yolu ilə tutulur. Müsabiqə test imtahanı və söhbət/müsahibə mərhələlərindən ibarətdir. Müsabiqədə uğur qazanan namizədlər icra məmuru kimi işləmək üçün Ədliyyə Nazirliyinin Akademiyasında azı 3 aylıq icbari təlimə cəlb olunurlar. İcbari təlimi uğurla bitirənlər isə dövlət icra məmuru vəzifəsinə təyinat alırlar.

Dövlət icra məmuru olmaq üçün hara müraciət etmək lazımdır?

Dövlət icra məmuru vəzifəsinə vakansiya olduqda bu barədə Ədliyyə Nazirliyi tərəfindən rəsmi internet səhifəsində, sosial media hesablarında elan verilir və imtahan elan olunur. Elanda müraciətin qaydası ətraflı izah olunur. Bu halda dövlət icra məmuru olmaq istəyən şəxslər Nazirliyin elanında göstərilən qaydaya riayət etməli, əlavə məlumat üçün qeyd edilən əlaqə vasitəsilərinə müraciət etməlidirlər.  

Dövlət icra məmuru olmaq üçün tələblər nədən ibarətdir?

Ədliyyə orqanlarında qulluğun şərtlərinə cavab verən, həm hüquqşünas, həm də hüquqşünas olmayan ali təhsilli Azərbaycan Respublikasının vətəndaşları dövlət icra məmuru ola bilərlər.

Dövlət icra məmurunun hansı səlahiyyətləri var?

İcra sənədi əsasında icraata başlamaq, borcluya könüllü icra müddəti vermək, icra üzrsüz səbəbdən təmin olunmadıqda isə əmlak və gəlirlərin axtarışını aparmaq, müxtəlif sorğular vermək, icraat tərəflərini və digər şəxsləri çağırmaq, əmlak üzərinə həbs qoymaq, tələbi əmlaka və gəlirə yönəltmək, borclunu axtarışa vermək, onun məcburi gətirilməsi və ölkədən çıxışının məhdudlaşdırması üçün təqdimatlar vermək, inzibati xəta haqqında protokol tərtib etmək, barəsində cinayət işinin başlanması üçün təqdimat vermək və sair. 

Dövlət icra məmurlarının fəaliyyətinə kim nəzarət edir?

Dövlət icra məmurlarının fəaliyyətinə Ədliyyə Nazirliyi nəzarət edir. Bundan əlavə icra qurumunun rəhbəri və icra sənədini verən məhkəmə də müvafiq səlahiyyətə malikdir.

Dövlət icra məmuru kimdir?

Ədliyyə Nazirliyinin tabeliyindəki yerli icra qurumlarında çalışan, xüsusi rütbəli vəzifə tutan, məhkəmə və digər orqanların qərarlarının məcburi icrasını təmin edən vəzifəli şəxsdir.

İcra icraatının məqsədi nədir?

İcra icraatının məqsədi icra sənədlərinin tam və vaxtında icrasına, icraat iştirakçılarının hüquqlarının qorunmasına, pozulmuş hüquqların bərpasına nail olmaqdır.

Borclular ödənişləri hansı vasitələrlə edə bilərlər?

Borclular ödənişləri elektron vasitələrlə həyata keçirməlidir. Bunun üçün Hökümət Ödəniş Portalı, AsanPay, elektron ödəniş köşkləri (million, e-manat) istifadə oluna, bank köçürməsi edilə, vəsait icra məmurunun göstərdiyi icra xidmətinin depozit hesabına və ya ödəniş birbaşa tələbkara yönləndirilirsə, tələbkarın bank hesabına köçürülə bilər. 
Ödəniş edərkən mütləq icra işinin qeydiyyat nömrəsi/məlumatları düzgün göstərilməlidir. 
Borclu (və ya tələbkar) icra üzrə nağd pul verməməlidir; ödəniş yalnız elektron vasitələrlə aparılmalıdır.

In what order is a debtor placed on an international search list in connection with an enforcement case?

When information is received about the presence of a debtor individual who is wanted within the country's borders in the territory of a CIS member state, his interstate search is announced through the Main Operations and Statistical Information Department (MOSI) of the Ministry of Internal Affairs. Interstate search for debtor individuals is carried out in accordance with the procedure established by the "Regulation on the implementation of interstate search by competent authorities" signed by the heads of government of the CIS countries on October 30, 2015 in Dushanbe.

Məcburi icra orqanları (qurumu) hansılardır?

İcra xidməti (Ədliyyə Nazirliyinin tabeliyində yerli icra qurumları) və qanunla məcburi icranı təmin etmək səlahiyyəti verilmiş xüsusi icra məmurları məcburi icra orqanlarıdır.

Məcburi icra deyiləndə nə nəzərdə tutulur?

Məcburi icra - icra sənədinin borclu tərəfindən təmin edilməyən tələblərinin qanunda nəzərdə tutulmuş tədbirlər vasitəsilə onun iradəsindən asılı olmayaraq icra etdirilməsidir.

Tələbkar kimdir?

Tələbkar xeyirinə icra sənədi verilmiş fiziki və ya hüquqi şəxsdir.

Borclu kimdir?

Borclu icra sənədinə əsasən müəyyən hərəkətləri etmək, yaxud etməkdən çəkinmək, habelə icra sənədinin icrasına şərait yaratmaq, mane olmamaq vəzifələrini daşıyan fiziki və ya hüquqi şəxsdir. 

In what order is a certificate obtained to participate in a tender posted on the tender.az website?

As a result of the measures taken to implement the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan dated 30.12.2023 on approval of the “Limits of Integration of Information Resources into the Unified Internet Portal of State Procurement”, information on whether a claim for debt has been directed to property can be obtained from the information portal “etender.gov.az”. In addition, information on enforcement proceedings to which individuals and legal entities are parties can be obtained from the public services (Enforcement Service) section on the official website of the Ministry of Justice.

Is it possible for the debtor to pay the debt in connection with an enforcement case in installments?

According to Article 15 of the Law of the Republic of Azerbaijan “On Enforcement”, the parties may apply to the court that has considered the case for a postponement of the execution of the enforcement document or its partial execution, or for changing the method and procedure for the execution of the enforcement document. Taking into account the property status of the debtor and other circumstances, the court shall consider such applications in accordance with Article 231 of the Civil Procedure Code of the Republic of Azerbaijan.

In what order is information provided about the temporary restriction of the debtor's right to leave the country?

According to Article 84-1 of the Law of the Republic of Azerbaijan “On Enforcement”, the enforcement officer shall immediately inform the debtor, the claimant and the relevant executive authority about the temporary restriction of the debtor’s right to leave the country.

It is possible to obtain information about the temporary restriction of the debtor’s right to leave the country by entering the “State Services” section of the official website of the Ministry of Justice, in the “Provision of information on the temporary restriction of the debtor’s right to leave the country” section and entering the ID card number and date of birth.

When is it possible to direct deductions from the debtor to his salary or pension?

According to Article 63 of the Law of the Republic of Azerbaijan "On Enforcement", the imposition of a claim on the debtor's salary and other income as a compulsory enforcement measure is allowed when executing enforcement documents on the withholding of periodic payments, if the amount to be withheld on the claim specified in the enforcement document does not exceed the amount specified in Article 65 of this Law, if the debtor does not have property or his property is insufficient to fully pay the claim.

Within what period must the enforcement officer send materials to the Investigation Department in order to bring the debtor to criminal liability in connection with the enforcement case?

According to Article 82.3 of the Law of the Republic of Azerbaijan "On Enforcement", if the enforcement document is not executed with prejudice, the enforcement officer shall submit a presentation, approved by the head of the enforcement service (chief enforcement officer), to the body conducting the preliminary investigation on cases of relevant crimes, on bringing the person obliged to execute the court decision to criminal liability in accordance with the procedure stipulated by the legislation of the Republic of Azerbaijan. The deadline for sending materials to the Investigation Department is not established by law.

Which enforcement documents are enforced compulsorily?

By courts:

Decisions of courts of the Republic of Azerbaijan;

Rulings of courts on taking measures to satisfy a claim;

Parts of judgments, rulings and decisions of courts on criminal cases on the seizure of property;

Decisions of foreign and domestic arbitration courts;

Enforcement writs issued on the basis of decisions of courts of foreign states;

Court orders;

Decisions of bailiffs on the seizure of execution fees;

Notarized agreements on the payment of alimony;

Notary's enforcement notes;

Decisions of bodies (officials) authorized to consider cases on administrative offenses;

Decisions of other bodies in cases stipulated by the legislation of the Republic of Azerbaijan;

Protests issued in accordance with the legislation for non-payment of a bill of exchange in cases of its acceptance, if it is noted on the bill of exchange;

Administrative acts adopted by municipalities and administrative acts related to the payment of monetary claims of other administrative bodies;

Short-term protection orders issued by authorities with jurisdiction over domestic violence cases.

How long is the voluntary enforcement period?

If the court decision does not specify another period of execution for the voluntary execution of the claims specified in the enforcement document by the debtor, a voluntary execution period of no more than ten days shall be set from the date of commencement of the execution. It should be noted that the claims, the immediate execution of which is provided for by the legislation of the Republic of Azerbaijan or by the enforcement document, shall be executed without delay.

In addition, if the property to be sold is specified in the enforcement document and the debtor applies to the enforcement officer for the sale of the property on the open market within 7 working days after receiving the voluntary execution notice, or if the notary, at the request of one of the parties, sends a notarized application for the sale of the mortgage subject on the open market to the enforcement body together with the execution record, a period of 2 months shall be set for the voluntary execution of the claim by selling the property on the open market.

Within what period must the enforcement document be enforced?

Since the execution of an enforcement document depends on various conditions, the exact period for its execution is not specified in the legislation. It is established that only those requirements that are immediately required to be executed by the legislation of the Republic of Azerbaijan or by an enforcement document are executed without delay, and for other documents it is specified that the enforcement officer must carry out all necessary enforcement actions within two months from the date of receipt of the enforcement document (Article 12 of the Law on Enforcement).

Who are the parties to the enforcement?

In enforcement proceedings, the parties are claimants and debtors (Article 28 of the Law "On Enforcement").

When can enforcement actions be carried out?

Enforcement actions are carried out on working days, no earlier than 8:00 and no later than 22:00. Enforcement actions on non-working days determined by the legislation of the Republic of Azerbaijan are allowed only in urgent cases or when it is impossible to carry out enforcement actions on working days due to the fault of the debtor. Enforcement actions from 22:00 to 8:00 are allowed only in cases where they pose a threat to the life and health of individuals (Article 11 of the Law "On Enforcement").

Can the representative collect the money owed to the claimant?

A representative participating in the enforcement has the right to perform all actions related to the enforcement on behalf of the person he represents. The power of attorney issued by the represented person must specifically specify the representative's authority to present and recall the enforcement document, delegate powers to another person, file a complaint against the actions (inaction) of the enforcement officer, and receive the property, including money, seized in favor of the claimant (Article 34 of the Law "On Enforcement").

Who is responsible for the costs of the appraisal?

The costs associated with using the services of an appraiser are borne equally by the parties to the enforcement document (Article 51.2 of the Law "On Enforcement").

Within what period should the auction be held?

The auction must be held by specialized enterprises no later than two months from the date of receipt of the relevant order from the enforcement officer (Article 62.1 of the Law "On Enforcement").

What is an e-auction portal?

It is an electronic platform created for the purpose of selling the debtor's property at an electronic auction in connection with the execution of an enforcement document.

How do I register on the portal?

You need to register on the portal by selecting one of the "digital.login" options. At this point, you create an electronic cabinet.

What are the requirements for participating in an e-auction?

During registration, you must confirm that you are familiar with the terms and conditions. You can participate in the auction after paying the bid and participation fee for the property being auctioned.

How much is the bid amount for participating in the auction?  

The auction participant must pay a deposit of 5% of the initial selling price of the auction item if the property is immovable property or is subject to a mortgage, and 10% if it is not subject to a mortgage and is movable property.

How much is the auction participation fee?

Persons wishing to participate in the auction may participate in the auction by paying the participation fee through the "electronic cabinet" 1 (one) hour before the end of the auction. The participation fee is non-refundable regardless of the auction results. The auction participation fee is 15 AZN.

If I win the auction and refuse to buy the property, will the bid be refunded?

The deposit of the person who wins the auction but does not pay the purchase price of the property within 7 calendar days is not refunded. The deposit of the person who participates in the auction but does not win it is refunded within 7 calendar days. When a contract is concluded with the person who wins the auction, the amount of the deposit paid by him is included in the purchase price of the property.

What is the minimum and maximum amount I can bid during the auction?

As an auction step, you can bid a minimum of 1% and a maximum of 3% of the property price.

How much does it cost to conduct an electronic auction?

The service fee for the electronic auction (auction costs) is 3% of the final sale price of the property.

Do I have the right to withdraw my bid?

No. The offer made cannot be withdrawn.

How can I obtain the property auctioned if I win?

After winning and paying the full price of the property, a protocol is prepared and approved through the auction portal. After receiving the auction protocol, you can purchase the property by applying to the enforcement officer.

Who is the bailiff?

An official of a compulsory enforcement agency who has the authority to demand execution of an enforcement document from the debtor, to force him to execute the request, and to execute that request regardless of the debtor's will.

What is the limit for the transfer of income?

When executing an enforcement document, the amount of deductions from the debtor's salary and other income considered equivalent to it cannot exceed 50 percent. If the claim is directed to the debtor's salary and other income considered equivalent to it under several enforcement documents, 50 percent of the income must remain with the debtor. The restrictions established by Articles 65.1 and 65.2 of the Law "On Enforcement" do not apply when withholding alimony, compensation for damage caused to health, compensation for damage caused to persons who have suffered as a result of the loss of the breadwinner, and compensation for damage caused as a result of a crime. In such cases, the amount of deductions from the debtor's salary and other income considered equivalent to it cannot exceed 70 percent. In cases where the claim is directed to the debtor's pension, retirement pension, author's fees for the use of copyright and related rights, the rules established by Article 65 of the Law "On Enforcement" also apply (Article 65 of the Law "On Enforcement").

What is a writ of execution?

A legally binding act issued by a court, other authority, or official, whose requirements must be fulfilled.

For whom are the requirements of the bailiff binding?

The requirements of the enforcement officer regarding the execution of decisions of the court and other bodies are mandatory for all bodies, legal entities, their officials and individuals in the territory of the Republic of Azerbaijan (Article 3 of the Law "On Enforcement").

When are enforcement actions postponed?

In the event of circumstances that create difficulties in carrying out enforcement actions, the enforcement officer, upon a reasoned application of the claimant or debtor, postpones enforcement actions for a period not exceeding 10 days (Article 16 of the Law "On Enforcement").

When can a debtor be put on the search list?

If during the execution of enforcement documents the location of the debtor or the head of the enforcement body of the debtor legal entity is unknown, the enforcement officer, on his own initiative or based on the applicant's application, makes a decision to search for the debtor, and this decision is checked and approved by the head of the enforcement body (Article 27 of the Law "On Enforcement").

What are compulsory enforcement measures?

The following are compulsory enforcement measures:

-Directing the claim to the property by seizing and selling the debtor's property;

-Directing the claim to the debtor's salary, pension, stipend and other income;

-Directing the claim to the debtor's funds and other property held by third parties;

-Taking certain items specified in the enforcement document from the debtor and handing them over to the claimant;

-Other measures ensuring the execution of the enforcement document in accordance with the Law "On Enforcement" and other legislative acts of the Republic of Azerbaijan are compulsory enforcement measures (Article 43 of the Law "On Enforcement").

How is property seized?

The debtor's property shall be seized no later than 1 month from the date of the decision to commence enforcement, and in urgent cases, simultaneously with the submission of the decision. If the debtor's property has not been seized before the enforcement document is sent for execution, or if the claim is sent to the debtor's property during the execution of the enforcement document, the seizure of property shall, as a rule, be imposed by a court decision based on a reasoned submission by the enforcement officer. In urgent cases, if there is accurate information that gives reason to assume that the property has been destroyed, damaged, spoiled, hidden or alienated by the debtor, the enforcement officer may seize property without a court decision. The enforcement officer must inform the court exercising control over the enforcement thereof within 24 hours (Article 50 of the Law "On Enforcement").

What liability and restrictive measures can be taken against a debtor who evades enforcement?

Administrative and criminal liability may be imposed on a debtor who evades enforcement, as well as restrictive measures such as temporary restriction of the right to leave the country, forced extradition of the debtor and placing him on the wanted list (Articles 27, 82-84-1 of the Law "On Enforcement").

On what grounds can an objection be filed against the enforcement officer?

The enforcement officer may not participate in the proceedings if he is or has been a relative of one of the parties or his representative, or if he has an interest in the outcome of the proceedings, or if there are sufficient grounds to doubt their objectivity and impartiality. In such a case, the enforcement officer is obliged to object himself, and the claimant or debtor participating in the proceedings may also object to the enforcement officer on the same grounds (Article 42 of the Law "On Enforcement").

How is the alimony debt determined?

The alimony debt is determined by the bailiff in accordance with the amount determined by the court's decision or the agreement on the payment of alimony (Article 106 of the Family Code).

In what cases and in what manner is the enforcement fee charged?

If the enforcement document is not executed by the debtor for no good reason within the time specified for voluntary execution, the state enforcement officer shall adopt a decision to collect an enforcement fee in the amount of 10 percent of the amount to be collected from the debtor. If the enforcement document, which includes a non-property claim, is not executed, an enforcement fee in the amount of one hundred manats shall be collected from the debtor, and an enforcement fee in the amount of five hundred manats shall be collected from the debtor, if the amount to be paid under the enforcement document within the time specified for voluntary execution is partially paid by the debtor, the enforcement fee shall be calculated from the remaining part of the debt.

The enforcement fee shall be collected when the enforcement document is first sent for execution. The enforcement fee shall not be collected when the same enforcement document is sent for execution again.

The decision to collect an enforcement fee shall be executed within the framework of the execution document that led to its adoption. If it is impossible to fully execute the decision to collect an enforcement fee within the framework of this proceeding, the execution of the decision to collect an enforcement fee shall be continued within the framework of an independent proceeding.

The enforcement fee may be collected from the debtor in full or in parts. Unless otherwise provided by law, in cases of partial payment of the debt, or if partial payment of the debt is possible, the enforcement fee is calculated and charged for each payment in proportion to the amount actually paid.

25 percent of the amount of the enforcement fee is transferred to the state budget, and the remaining part is transferred to the special treasury account of the judicial authorities

In what manner should the place and time of communication be changed under the enforcement document regarding the request for contact with the child?

By filing an application with the court requesting a change in the method and procedure for enforcing the resolution (Article 231 of the Code of Civil Procedure).

Is the execution suspended in cases where an additional cassation and constitutional complaint is filed against the court decision that served as the basis for issuing the enforcement document?

The Law "On Enforcement" does not provide for the filing of an additional cassation appeal against the court decision that served as the basis for issuing the enforcement document as a basis for suspension of proceedings on an enforcement document. When a constitutional complaint against the court acts that served as the basis for issuing the enforcement document is accepted for proceedings by the Constitutional Court of the Republic of Azerbaijan, proceedings on the enforcement document are mandatorily suspended. The examination of the complaint received by the Chamber of the Constitutional Court is not a basis for suspension of proceedings. Thus, the issue of whether complaints are accepted for proceedings is resolved in the Chamber of the Constitutional Court (Article 17 of the Law "On Enforcement", Article 7 of the Law "On the Constitutional Court").

Is it permissible to direct the claim to 100% of the debtor's income with his consent?

Even in cases where the debtor has consented, the demand is not allowed to be directed to 100% of his income (Article 65 of the Law "On Enforcement").

Is the execution of the writ of execution continued when the claimant dies?

If one of the parties fails to appear during the execution (when an individual dies, a legal entity is reorganized, a claim is waived, a debt is transferred), the enforcement officer shall make a decision and replace that party with his heir or legal successor in accordance with the procedure established by the legislation of the Republic of Azerbaijan. All actions taken before the heir or legal successor enters the execution are equally binding on the heir or legal successor, as they are binding on the person he replaces (Article 31 of the Law "On Enforcement").

What is the procedure for the execution of the claim by the heirs when the debtor dies?

The heirs are obliged to pay the interests of the testator's creditors in full as joint debtors in proportion to each of their shares in the acquired assets (Article 1306 of the Civil Code). If the claim specified in the enforcement document exceeds the value of the inherited property, the remaining debt cannot be claimed from the testator's heirs.

How do municipalities carry out their activities?

The municipality carries out its activities through meetings, standing and other commissions. Meetings of the municipality are convened by the chairman of the municipality at least once a month. The executive body of the municipality is its executive apparatus. The chairman of the municipality directs the activities of the executive apparatus of the municipality.

How are municipal decisions adopted and implemented?

Municipalities may adopt independent decisions on matters within their jurisdiction. Decisions are adopted by a majority vote at a municipal meeting. The meeting is considered authorized if at least half of the municipal members attend the meeting. The adopted decision is signed by the mayor and enters into force.

Decisions adopted by the municipality within its jurisdiction must be implemented by all legal and physical persons located in the territory of the municipality, regardless of their organizational and legal form. Municipal decisions may be annulled by the bodies that adopted them or deemed invalid by a court decision. Failure to implement municipal decisions entails liability in accordance with the law.

What is a local budget and does a municipality have the right to receive funds from the state budget?

The local budget is a financial resource formed and used to implement the principles of self-government in accordance with the status of a municipality and to exercise the municipal powers determined by the Constitution and laws of the Republic of Azerbaijan. The local budget is a municipal budget, not an integral part of the state budget. Municipalities have the right to receive funds from the state budget in the process of regulating the local budget in accordance with the legislation.

Who controls the implementation of the municipal budget?

The municipality monitors the implementation of the local budget, including the compliance of the funds spent with the approved budget indicators, and for this purpose engages independent auditors at least once a year. In order to familiarize the local population with the results of the audit, they are posted on special boards in front of the municipal building for one month from the date of their submission to the municipality.

From what sources is the property of municipalities formed?

The sources of municipal property are as follows:

State property transferred to the ownership of municipalities in accordance with the Law “On the Transfer of Property to Municipal Property” and other regulatory legal acts;

Property acquired and created as a result of the activities of municipalities;

Property provided to municipalities in the form of voluntary material assistance by individuals and legal entities, international organizations and foundations;

Property acquired through the transfer of property without heirs to municipalities;

Property bequeathed to municipalities;

Property acquired in other cases provided for by legislation.

How are funds allocated from the municipal budget?

Funds from the municipal budget are allocated only by decision of the municipal meeting, and this decision must indicate the designation, purpose, and exact amount of those funds.

How are backyard land plots allocated by the municipality?

In order for a municipality to dispose of its lands, its ownership rights to those lands must first be registered with the state. The municipality sells adjacent land to persons permanently residing in the territory of the municipality and registered for at least five years, directly by decision of the municipal meeting, after receiving the opinions of the relevant state bodies (architectural services of local executive bodies and local bodies of the State Service for Property Issues under the Ministry of Economy). The municipal decision indicates the sale price of the land and the period for payment of the remaining part of the land by the buyer (not more than 60 days). If the value of the land is paid by the buyer within that period, a notarial purchase and sale agreement is concluded between the municipality and the buyer. A person who has acquired an adjacent land plot in this manner cannot alienate it for five years. Other persons may purchase the adjacent land plot if they win by participating in an auction or competition.

What taxes must be paid to the local (municipal) budget?

Land tax for individuals:

Agricultural lands used for their intended purpose or which cannot be used for their intended purpose due to irrigation, land reclamation and other agrotechnical reasons;

Industrial, construction, transport, communications, commercial and household service and other special-purpose lands; Lands of housing funds, backyards and gardens of citizens;

Property tax for individuals on buildings, water and air transport vehicles;

Profit tax for enterprises and organizations owned by the municipality.

To whom are local tax exemptions applied?

The amount of land tax is reduced by 10 manat for land owned by the following individuals:

Heroes of the Patriotic War of the Republic of Azerbaijan;

National Heroes of Azerbaijan;

Heroes of the Soviet Union and Socialist Labor;

Persons with war-related disabilities;

Widows (husbands) and children of soldiers who died or died later;

Persons awarded orders and medals for selfless labor on the home front in 1941-1945;

Persons who received the title of war veteran in accordance with the procedure established by legislation;

Persons who suffered from or had radiation sickness and radiation-related diseases as a result of the accident at the Chernobyl NPP, other radiation accidents at civilian or military nuclear facilities, as well as as a result of tests, exercises and other work related to any types of nuclear installations, including nuclear weapons and space technology; parents, widows (husbands) and children of persons who received the status of martyrs.

Land tax for land plots involved in the exploration, evaluation and exploration of mineral deposits (except for oil and gas deposits) based on a geological allocation document is reduced by 75 percent for the calendar year in which the exploration, evaluation and exploration of mineral deposits is initiated based on relevant supporting documents (contract agreement of the person carrying out geological exploration works, geological exploration plan, submitted report on geological exploration) (it does not apply to land plots involved in the exploration, evaluation and exploration of mineral deposits (except for oil and gas deposits) based on a geological allocation document in the same tax year and exploited to extract minerals).

Taking into account Articles 199.11 and 199.14 of the Tax Code, property tax on real estate used as a means of accommodation in hotels and sanatoriums (except for the period of temporary suspension of entrepreneurial activity) in other cities and regions of the republic, including the Nakhchivan Autonomous Republic, with the exception of Baku, Sumgayit, Khirdalan cities and Absheron region, shall be reduced by 75 percent for a period of 3 years from January 1, 2024.

The amount of property tax payable by individuals who are exempt from land tax, as well as pensioners and conscripts and their family members for buildings during the period of conscripted military service, shall be reduced by 30 manat.

How are the rules for calculating and paying local (municipal) taxes determined?

Land tax is calculated annually as a fixed payment based on the area of ​​land, regardless of the results of the economic activity of landowners or persons using the land on a lease or other basis.

Land tax for individuals and property tax for privately owned buildings are calculated by the municipality of the location, and a notice of payment of the tax is issued to taxpayers no later than August 1.

Tax for water and air transport vehicles is calculated as of January 1 of each year based on information provided by the organizations that register them. In the absence of such registration, the owner of such property submits documents reflecting the necessary information about the water and air transport vehicles owned by him (year of manufacture, purchase price and technical characteristics) to the tax service body of the relevant municipality by January 1 of each year.

Land tax for individuals, property tax for privately owned buildings, water and air transport vehicles are paid to the municipal budget in equal installments - by August 15 and November 15 of the same year.

The tax on land plots under buildings owned or used by several individuals or allocated for their service is calculated in proportion to the building plots owned by them.

Property tax on buildings with several owners is calculated for each owner of that building based on each square meter of the property area in accordance with his share in the building area.

Property tax on water and air transport vehicles owned by several individuals is levied on the person who registered that vehicle in his name.

In the event that land tax is not paid by individuals by the previous owner of the land, the tax is paid by the owner of that land at the established payment deadline.

If the taxpayer's ownership right to a land plot, as well as the right to use land owned by the state or municipality on a lease or other basis, arises during the reporting period or this right is terminated, the tax amount in relation to that land plot is calculated in proportion to the number of months during which the land plot was in the taxpayer's ownership (lease or other basis) from the month following the month in which it was transferred to the taxpayer's ownership (lease or other basis).

Can municipalities engage in entrepreneurial activity?

Since municipalities are not economic bodies, they cannot directly engage in entrepreneurship. However, the legislation gives municipalities the right to establish their own legal entities (enterprises). Municipalities can establish legal entities (enterprises) that engage in all forms of entrepreneurship (production, services, etc.), with the exception of activities prohibited by legislation.

How should hotels, sanatoriums, resorts and tourism facilities within the municipality pay to the municipality?

The fee charged from persons providing hotel, sanatorium-resort and tourism services in the territory of the municipality shall be calculated by the persons providing those services, not exceeding 1.1 manat per day for each person staying there, and the calculated amount shall be paid to the budget of the relevant municipality by the 5th of the following month.

Who monitors the correct calculation, full and timely payment of local taxes and fees?

Decisions on local taxes and fees are made by a two-thirds majority of the members of the municipality. Control over the correct calculation, full and timely payment of taxes and fees in accordance with the procedure established by law is carried out by the tax service bodies of the municipalities.

How is the election of the mayor regulated by law?

The mayor of the municipality is elected by open or secret ballot from among the municipal members at the first meeting of the newly elected municipality. The mayor is considered elected if he receives the votes of more than half of the municipal members.

What does local self-government mean?

Local self-government is understood as the activity of the population of a local territorial unit (territorial collective) and the elected bodies representing this population to resolve issues of local importance. Local self-government bodies have a number of specific features that distinguish them from local government bodies: local self-government bodies are formed by the population of the administrative territorial unit on the basis of universal, equal, direct suffrage; local government bodies are appointed by central state bodies and their powers are determined by the body to which they are subordinate; local self-government bodies are independent in resolving issues of local importance. However, the independence of local self-government bodies is within the framework of the powers established by legislation, the acts they adopt must be based on law, justice, and must not contradict the Constitution, Laws, Presidential Decrees, and decisions of the Cabinet of Ministers. Local self-government is carried out by municipalities.

When did municipalities first emerge in our country?

A municipality is a form of local self-government within the territorial boundaries determined by law. Municipalities are established and operate on the basis of equality. The first municipal elections in the Republic of Azerbaijan were held on December 12, 1999. At that time, 2,700 municipalities were established in our Republic.

How many municipalities are there now?

By the Law "On the Establishment of New Municipalities through the Merger of Municipalities in the Republic of Azerbaijan" dated October 18, 2024, 480 new municipalities were established as a result of the merger of 1,400 municipalities in 63 cities and regions. The total number of municipalities in the country was reduced from 1,606 to 685 municipalities.

Who can be a member of the municipality? (Who can run for municipal elections)

Citizens of the Republic of Azerbaijan who have reached the age of 21 and are over 21 years old may be elected as members of municipalities in the elections. Within 3 days after the registration of candidacies for membership in municipalities of officials working in executive bodies, judges, and employees of law enforcement agencies, they must be relieved of their positions and submit a relevant document to the territorial election commission.

How is property tax for individuals calculated and paid?

Buildings privately owned by individuals and located on the territory of the Republic of Azerbaijan, water and air transport vehicles owned by individuals, regardless of their location and use, are subject to property tax. The tax paid on these objects is property tax. Property tax on individuals is paid to the municipal budget in a non-cash manner. Property tax on buildings owned by individuals is calculated by the municipality of the territory where it is located for each square meter of the building's area (in relation to residential areas - their part exceeding 30 sq.m.), at tax rates and with coefficients applied to buildings located in Baku (when the building is located in Baku, coefficients not lower than 0.7 and not higher than 1.5 determined by the Cabinet of Ministers of the Republic of Azerbaijan are applied to these rates). If an individual has several residential areas, 30 sq.m. of non-taxable area is deducted from each of the residential areas. Property tax on buildings with several owners is calculated for each owner of that building in accordance with his share in the building's area. Property tax rates for individuals:

 

 

Residential areas

 

Residential and non-residential areas privately owned by an individual

(in manats)

Baku

0.4

Ganja, Sumgayit cities and Absheron region

0.3

 

Other cities (except for cities under district jurisdiction), district centers

0.2

 

In cities, settlements and villages under district jurisdiction (except for settlements and villages of Baku and Sumgayit cities, as well as Absheron region)

 

0.1

 

 

 

Example of tax calculation for an individual house (or apartment):

Total area 60 square meters, 30 square meters are not included in the tax calculation.

1. Address – Baku city. Inshaatchilar avenue (zone 3, coefficient 1.3) Tax per 1 square meter in Baku – 0.40 AZN; (60 -30) х 0,40 х1,3 = 15,6 manat

2. Address - Guba district, Dallakli village. Tax per 1 sq.m. – 0.1 AZN (60 -30) х 0,1 = 3 manat

Example of calculation of taxes on non-residential premises

Total area of ​​the object is 70 sq.m., address – Baku city. Istiglaliyyat street (zone 1, coefficient 1,5) Tax per 1 sq.m. in Baku – 0.40 AZN; 70 х 0,40 х1,5 = 42 manat

Property tax for water and air transport vehicles is calculated as of January 1 of each year based on the information provided by the organizations that carry out their registration. In the absence of such registration, the owner of such property shall submit documents reflecting the necessary information (year of manufacture, purchase price and technical characteristics) about the water and air transport vehicles owned by him to the tax service body of the relevant municipality by January 1 of each year. Tax on water and air transport vehicles owned by several individuals shall be levied on the person who registered the vehicle in his name. - 0.02 manat per 1 cubic centimeter of the engine of the water and air transport vehicle; - 0.02 manat per 1 cubic centimeter of the engine of the air transport vehicle; - for water and air transport vehicles without an engine - 1 percent of their market price.

In what cases must individuals pay land tax?

Land tax is determined on the basis of documents confirming the right of ownership or use of land. Land tax is levied on land under buildings and structures, as well as on land plots necessary for the sanitary protection of facilities. Land tax is calculated annually as a fixed payment per land plot, regardless of the results of the economic activity of land owners or users. Individuals who own or use land plots in the territory of the Republic of Azerbaijan are payers of land tax. Land plots owned or used by individuals in the territory of the Republic of Azerbaijan are considered objects of land tax taxation. Individuals must register with the municipality within 1 month after receiving documents confirming their ownership and use rights. Land tax, which is the obligation of citizens, must be paid in equal amounts no later than August 15 and November 15. The land owner is paid by the owner of the land at the time of payment of the tax for previous years. Land tax of individuals must be paid to the municipal budget.

How are land tax rates determined?

Land tax on other lands, except for agricultural lands, is calculated by applying the rates shown in the table below per 100 sq.m of land area:

 

 

Residential areas

 

Industrial, construction, transport, communication, trade and consumer services and other special-purpose lands (in manats)

 

Lands of housing funds, backyards and gardens of citizens (in manats)

 

Up to 10,000 m²

 

For the part exceeding 10,000 m²

 

Up to 10,000 m²

 

For the part exceeding 10,000 m²

 

Baku city, as well as its settlements and villages

 

10

20

0,6

1,2

Ganja, Sumgayit, Khirdalan cities and settlements and villages of Absheron region

 

8

16

0,5

1,0

Other cities and regions centers

 

4

8

0,3

0,6

Cities, settlements and villages under the district

 

2

4

0,1

0,2

 

 

Except for the cases stipulated in Article 206.1-1 of the Tax Code, the land tax rate for agricultural lands is set at 2 manats per 100 square meters of land area. Land tax for individuals is calculated by the municipality of the relevant area by July 1 of each year based on the size of the land plots and the land tax rates.

Example of calculating taxes on housing stock: Address: Baku city, Mardakan settlement 10500 sq. meters of garden area 10000 x 0.6/100 = 60 manats; for the part of the land area over 10000 sq. meters 10500 - 10000) x 1.2/100) = 6 manats; total: 60 + 6= 66 manat Example of calculating taxes on the provision of commercial and household services Address: Goranboy district, Dalimammadli city, 200 sq.m. land area 200 sq.m. x 2 manat/100 sq.m. = 4 manat

For what crimes are the most convicted persons under probation supervision?

Most of the individuals on probation are individuals who have committed crimes related to drug trafficking and property crimes.

Where should one apply to obtain a certificate regarding the tender and within what period is the certificate issued?

To obtain the relevant certificate, an individual or legal entity must address an official request letter to the service, attaching a copy of the identity card of the person for whom the certificate will be issued (permanent residence permit in the case of a foreign citizen, or a copy of the foreign passport in the absence of the relevant document). The certificate is issued within 2 working days from the date of registration of the application (For additional questions, call: 012-525-40-95).

Note: In tenders announced through the unified Internet portal of public procurement - “E-procurement”, the said certificate can be obtained online by making a request from that portal (for technical issues, call: +(99412) 310-86-67).

What activities does the probation service carry out in relation to victims?

The enforcement officer invites the victim, conducts a preventive conversation with him for the purpose of an individual assessment of his needs, and explains his rights. In cases where the victim does not want to come in person, based on the principle of voluntariness, he carries out the above-mentioned measures by telephone. If he agrees, he visits the victim's place of residence, talks with him and his family members, and explains the requirements of the legislation. He organizes a meeting of the victim with a social worker and psychologist, and if necessary, involves him in psychological assistance for stress relief and conflict resolution.

After serving the sentence, how long does the sentence last?

According to Article 83 of the Criminal Code of the Republic of Azerbaijan, a person convicted of a crime is considered convicted from the date the court's verdict of conviction enters into legal force until the date the conviction is withdrawn or paid.

In the case of conditionally convicted persons - upon the expiration of the probation period, and in cases where there is an unserved additional sentence, also upon the execution and completion of the additional sentence;

In the case of persons whose sentence has been suspended - upon release from the sentence or the unserved part of the sentence in accordance with the procedure provided for in Article 79.3 of the same Code;

In the case of persons sentenced to a lighter sentence than deprivation of liberty - the conviction is considered paid when one year has passed from the date they have completed serving their sentence.

What incentive measures are applied to persons sentenced to restriction of liberty?

According to Article 51-6.1 of the Code of Execution of Sentences of the Republic of Azerbaijan, a person sentenced to a sentence of restriction of liberty may be thanked by the enforcement officer for exemplary compliance with the rules of execution of the sentence, previously issued reprimands may be lifted, and permission may be granted to spend holidays and vacations outside the established territorial boundaries.

What legal measures are taken against a person under electronic surveillance if he violates the duties imposed on him?

According to Article 51-7.1 of the Code of Execution of Sentences of the Republic of Azerbaijan, if a person sentenced to a punishment of restriction of freedom violates the rules for serving the sentence or refuses to fulfill the duties assigned to him, the executive officer shall issue him a reprimand in the form of a reprimand. The reprimand is issued in writing with a reasoned decision.

The following acts committed by a person sentenced to a punishment of restriction of freedom shall be considered as evasion of the duties assigned to him:

51-7.2.1. failure to appear at the body supervising the execution of the sentence without good reasons within 3 days after receiving the written notification of the executive officer to appear and register for serving the sentence;

51-7.2.2. failure to fulfill the duties determined by the court without good reasons;

51-7.2.3. failure to appear at the summons of the executive officer to provide a written explanation regarding the issues of serving the sentence;

51-7.2.4. application of a disciplinary measure in the form of administrative arrest.

51-7.4. If a person sentenced to a punishment of restriction of liberty regularly or intentionally evades the fulfillment of the duties imposed on him, the executive officer shall submit a presentation to the court for the replacement of the unserved part of the sentence with a punishment of deprivation of liberty for a certain period.

51-7.5. If a convicted person who has been reprimanded for evading the fulfillment of the duties imposed on him commits the acts provided for in Article 51-7.2 of this Code twice more within a year, it shall be considered as regular failure to fulfill the duties.

51-7.6. The following acts shall be considered as intentional evasion of the fulfillment of the punishment of restriction of liberty:

51-7.6.1. the convicted person leaves the established territorial boundaries without permission;

51-7.6.2. the prisoner's refusal to carry an electronic monitoring device, damaging it or otherwise rendering it unusable, or failing to service it without good reason to keep it in working order;

51-7.6.3. the prisoner's leaving the place of residence for more than 10 days without permission as provided for in Articles 51-3.3 or 51-3.6 of this Code.

In what cases is a person sentenced to a sentence in the form of restriction of liberty allowed to change his place of residence?

According to Article 51-3.6 of the Code of Execution of Sentences, a convict may be granted a change of residence (only within the territory of the Republic of Azerbaijan) by a court decision based on his application and the presentation of the executive officer (on probation) in the following exceptional cases:

when the marital status of the convict changes;

when the convict acquires ownership rights over another residential area;

when a person's illness necessitates the provision of long-term medical care in a medical institution outside the territory of the place of residence (if it is impossible to provide the required medical care at the place of residence or in a medical institution within the territorial boundaries determined by the court).

From what time is the term of execution of a sentence in the type of restriction of freedom calculated?

According to Article 51-2.1 of the Code of Execution of Sentences, the term of execution of a sentence in the form of restriction of freedom is calculated from the time the convict is registered with the probation institution.

Where should a person serving a sentence of imprisonment for a certain period or life imprisonment apply to be placed on probation when conditionally released from prison?

According to Article 178.2 of the Code of Execution of Sentences of the Republic of Azerbaijan, a copy of the decision on conditional early release from punishment is sent to the court and probation agency at the place of residence of the person no later than three days after his release. At the same time, the administration of the penitentiary institution is required to apply to the probation agency at the place of residence for registration within fifteen days from the date of his release.

What should I do to be conditionally released from the sentence ahead of time?

According to the Criminal Code of the Republic of Azerbaijan, release from punishment is possible in court, by applying a pardon or amnesty act.

According to Article 80-1 of the Criminal Code of the Republic of Azerbaijan, a convicted person is released from punishment if he fulfills the conditions stipulated in Articles 73.2, 73-1.1, 73-1.2 and 73-2 of this Code, as well as the "Note" parts of Articles 72, 263 and 306 of this Code regarding release from criminal liability during the period of serving his sentence.

According to Article 81 of the said Code, an amnesty act is adopted by the Milli Majlis of the Republic of Azerbaijan regarding persons who are not individually identified. Persons who have committed a crime may be released from criminal liability by an amnesty act. Persons convicted of committing a crime may be released from punishment, or the term of the punishment imposed on them may be reduced, or the unserved part of the punishment of such persons may be replaced with a lighter type of punishment, or such persons may be released from additional punishment. The conviction of persons who have served their sentence may be revoked by an act of amnesty.

According to Article 82 of the same Code, pardon is granted to an individually determined person by the President of the Republic of Azerbaijan. A person convicted of a crime may be released from serving the remaining part of his sentence by an act of pardon, or the term of the sentence imposed on him may be reduced, or the unserved part of such a person's sentence may be replaced by a lighter type of sentence.

The conviction of a person who has served his sentence may be revoked by an act of pardon.

In what order can I be released from the sentence?

According to the Criminal Code of the Republic of Azerbaijan, release from punishment is possible in court, by applying a pardon or amnesty act.

According to Article 80-1 of the Criminal Code of the Republic of Azerbaijan, a convicted person is released from punishment if he fulfills the conditions stipulated in Articles 73.2, 73-1.1, 73-1.2 and 73-2 of this Code, as well as the “Note” parts of Articles 72, 263 and 306 of this Code regarding release from criminal liability during the period of serving his sentence.

According to Article 81 of the said Code, an amnesty act is adopted by the Milli Majlis of the Republic of Azerbaijan regarding persons who are not individually identified. Persons who have committed a crime may be released from criminal liability by an amnesty act. Persons convicted of committing a crime may be released from punishment, or the term of the punishment imposed on them may be reduced, or the unserved part of the punishment of such persons may be replaced with a lighter type of punishment, or such persons may be released from additional punishment. The conviction of persons who have served their sentence may be revoked by an act of amnesty.

According to Article 82 of the same Code, pardon is granted to an individually determined person by the President of the Republic of Azerbaijan. A person convicted of a crime may be released from serving the remaining part of his sentence by an act of pardon, or the term of the sentence imposed on him may be reduced, or the unserved part of such a person's sentence may be replaced by a lighter type of sentence.

The conviction of a person who has served his sentence may be revoked by an act of pardon.

Within what period and to what account must the fine be paid? Is it possible to pay it late?

According to Article 23.1 of the Code of Execution of Sentences of the Republic of Azerbaijan, the convicted person must pay the fine by transferring it to the appropriate bank account no later than one month from the date the sentence enters into legal force. In the event of non-payment of the fine, the enforcement officer shall notify the convicted person that the fine will be forcibly withheld from him.

The amount of the fine must be paid to the bank account of the local probation agency.

According to Article 23.2 of the same Code, if the convicted person fails to pay the fine for a valid reason within one month, in accordance with the Criminal Procedure Code of the Republic of Azerbaijan, the court may, upon the application of the convicted person, decide to postpone the payment of the fine for a period of up to six months or to pay it in installments with an indication of the period (you can obtain the application form by clicking on this link).

What is the activity of the Probation Service in the field of social adaptation and rehabilitation?

The probation service takes measures to organize social adaptation and rehabilitation, as well as correctional work, of convicts under probation supervision by methods and means established by law. These measures are aimed at the reintegration of persons under probation supervision into society. These include:

1) Socio-psychological assistance - individual and group consultations by a psychologist and social worker, implementation of activities aimed at psychological support and behavioral changes;

2) Legal assistance - regular provision of legal advice and assistance services with the participation of professional lawyers;

3) Vocational and employment services - cooperation with employment agencies, assistance in finding a job, involvement in vocational training;

4) Educational and professional development support - referral for continuing education, participation in educational and vocational programs;

5) Referral to medical care and measures to get rid of addiction: involvement of convicts in medical services or rehabilitation programs in order to combat any disease or alcohol, drug and other addictions;

6) Restoring family and social relationships: assistance in restoring relationships with family members and adapting to the social environment.

Can information about the convict, the execution of the sentence assigned to him, the place of serving the sentence, the movements of the convict and his release be provided to outsiders, including the victim?

According to Article 16.1 of the Code of Execution of Sentences of the Republic of Azerbaijan, officials of the institution or body executing the sentence must, with the consent of the convict, inform his family or one of his close relatives, or a person indicated by the convict, about the execution of the sentence imposed on him, the place of serving the sentence, the movements of the convict and his release.

What measures are taken in case of violation of the duties imposed on persons sentenced to restriction of freedom under probation supervision?

When a prisoner is registered, he is first explained the rules for the execution of the sentence, the legal consequences of violating these rules, including the fact that he must carry an electronic monitoring device, the rules for servicing it to keep it in working condition, as well as the inadmissibility of any interference or removal of the device, and he is registered in the electronic monitoring system as a subject of control with the application of an electronic monitoring device.

When a person sentenced to a punishment of restriction of liberty regularly or intentionally refuses to fulfill the duties imposed on him, the enforcement officer submits a presentation to the court for the replacement of the unserved part of the sentence with a punishment of deprivation of liberty for a certain period.

How to apply to the Probation Service to obtain a certificate stating that a natural person acting as a supplier or the head of the executive body of a legal entity is not prohibited by court order from engaging in relevant activities on the relevant procurement subject?

To obtain the relevant certificate, an individual or legal entity must address an official request letter to the service, attaching a copy of the identity card of the person for whom the certificate will be issued (permanent residence permit in the case of a foreign citizen, or a copy of the foreign passport in the absence of the relevant document).

Note: In tenders announced through the unified Internet portal of public procurement - “E-procurement”, the said certificate can be obtained online by requesting it from that portal (for technical issues, tel: +(99412) 310-86-67).

What should be done to postpone a fine or pay it in installments?

According to Article 23.2 of the Code of Execution of Sentences, if the convict fails to pay the fine within one month for a valid reason, in accordance with Article 510.3 of the Criminal Procedure Code of the Republic of Azerbaijan, the court may, upon the convict's application, decide to postpone the payment of the fine for a period of up to six months or to pay it in installments with an indication of the period.

What legal consequences does evasion of a fine entail?

According to Article 26 of the Code of Execution of Sentences, if the convict refuses to pay the fine after an official warning and does not have any private property, shares in common property, or other income, the court may, upon the recommendation of the enforcement officer (on probation), replace this type of punishment assigned as the main punishment with community service, correctional labor, restriction of liberty, or imprisonment for a certain period.

If deprivation of the right to hold a certain position or engage in a certain activity is imposed as an additional punishment, from what time is the term of that sentence calculated?

According to Article 46.3 of the Criminal Code, in cases where the type of punishment of deprivation of the right to hold a certain position or engage in a certain activity is imposed in addition to the punishment of detention in a disciplinary military unit or imprisonment, the additional punishment shall apply to the entire period of serving the main punishment and, in addition, to the period specified in the sentence for this type of punishment. In cases where this type of punishment is imposed in addition to a fine and other main punishments, as well as in the case of a suspended sentence, the period of the additional punishment shall be calculated from the moment the sentence enters into legal force.

What duties must a person sentenced to community service perform during the execution of the sentence?

According to Article 35.1 of the Code of Execution of Sentences, convicts must comply with the internal disciplinary rules of the institution where they perform community service, approach work conscientiously, work in the places designated for them and for the period specified in the sentence, use electronic monitoring equipment in accordance with the procedure established by the Cabinet of Ministers of the Republic of Azerbaijan, carry the electronic monitoring equipment around the places where community service is performed, service it to keep it in working condition, and inform the enforcement officer about this when changing their place of residence.

What are the cases of willful evasion of serving a sentence in the type of community service?

According to Article 39 of the Code of Execution of Sentences, those who fail to appear for public service more than twice a month without an excuse, those who violate labor discipline in places of execution of sentences more than twice a month, those who refuse to carry an electronic monitoring device, those who damage it or otherwise render it unusable, or those who fail to maintain it in working condition without an excuse, and those who hide in order to avoid serving their sentence are considered to be convicts who have intentionally evaded serving their sentence in the form of public service.

How is the term of execution of a sentence in the type of correctional work calculated?

According to Article 45 of the Code of Execution of Sentences, the term of execution of a sentence in the form of correctional labor is calculated by the months and days during which the convict worked and deductions were made from his earnings. The number of days the convict worked must correspond to the number of working days falling in the calendar month determined by the court for the sentence. If the convict does not work the specified number of working days and there are no grounds established by the Code of Execution of Sentences for counting the unworked days as part of the sentence, the term of execution of the sentence in the form of correctional labor continues until the convict has fully worked the specified number of working days. The time during which the convict does not work for good reasons and his salary is withheld in accordance with the law is counted towards the term of execution of the sentence. The time of temporary loss of working capacity confirmed by medical documents, as well as the time spent on social leave, is included in this term. If the total number of days worked by convicts in agricultural enterprises is not less than the annual minimum established for farm workers or the minimum for its separate periods, the time during which they are not given work for objective reasons is also counted towards the term of serving the sentence. The period of imprisonment imposed on the convict as an administrative punishment or selected as a preventive measure in connection with another criminal case during the execution of the sentence in the form of correctional labor shall not be counted towards the period of execution of the sentence in the form of correctional labor.

In what order are deductions made from the earnings of persons sentenced to a sentence in the type of correctional work?

According to Article 46 of the Code of Execution of Sentences, deductions from the earnings of persons sentenced to correctional labor are made from the entire amount of earnings, including taxes and other payments, as well as regardless of enforcement documents. Deductions from earnings are made for each month worked when the salary is paid, and for the part of the month worked when the convict leaves work. A monetary amount is deducted from the earnings of persons working on a replacement basis at their workplace. Deductions from earnings are not made from pensions and allowances, lump-sum payments not provided for in the salary system, amounts paid as compensation for expenses related to business trips, and other payments. Deductions from the earnings of convicts include both the monetary and in-kind parts of their earnings. The in-kind part of the earnings withheld from the convicts remains at the disposal of the employer, and its value is transferred to the state. The amount of money withheld is transferred to the state on the day the salary is paid each month. Deductions are made when calculating the results of the economic year, including the in-kind part of the earnings. If the court's verdict is canceled or changed by terminating the case, the amounts deducted from the convict's earnings are returned to him in full or the amounts already deducted.

How are convicts sentenced to a sentence in the type of correctional work but not working provided with work?

According to Article 43.3 of the Code of Execution of Sentences, an unemployed convict must find a job on his own or register with the employment service body with the participation of an enforcement officer (on probation). The convict cannot refuse a job offered to him by the employment service body.

In the case of willful evasion of correctional work, what type of punishment can be replaced with that punishment?

According to Article 51.4 of the Code of Execution of Sentences, if persons sentenced to correctional labor intentionally refuse to serve the sentence after an official warning, the enforcement officer (probation officer) shall submit a proposal to the court to replace the unserved part of the correctional labor with a punishment in the form of restriction of freedom or deprivation of liberty for a certain period of time in accordance with the Criminal Code of the Republic of Azerbaijan

From what time is the term of execution of a sentence in the form of restriction of liberty calculated?

According to Article 51-2.2 of the Code of Execution of Sentences, the period of imprisonment imposed on a convict as an administrative punishment or as a preventive measure in connection with another criminal case during the execution of a sentence in the form of restriction of freedom is not counted towards the period of execution of that sentence.

From what time is the term of execution of a sentence in the form of restriction of liberty calculated?

According to Article 51-2.2 of the Code of Execution of Sentences, the period of imprisonment imposed on a convict as an administrative punishment or as a preventive measure in connection with another criminal case during the execution of a sentence in the form of restriction of freedom is not counted towards the period of execution of that sentence.

In what exceptional cases is a person sentenced to a sentence in the form of restriction of liberty allowed to leave his place of residence and the established territorial boundaries?

According to Article 51-3.3 of the Code of Execution of Sentences, a person sentenced to a punishment in the form of restriction of freedom by an enforcement officer (on probation) is allowed to temporarily leave the place of residence or the territorial boundaries determined by the court (only within the territory of the Republic of Azerbaijan) at certain times in the following exceptional cases:

serious illness of close relatives posing a threat to their life or death (up to seven days);

inability of the person to stay at the place of residence for a certain period of time due to a natural disaster or other emergency;

marriage of close relatives (up to two days);

emergence of the need to provide medical assistance to the person (if it is impossible to provide the required medical assistance at the place of residence or in a medical institution within the territorial boundaries determined by the court);

on weekends and holidays, as an incentive measure.

In what cases is a person sentenced to a sentence in the form of restriction of liberty allowed to change his place of residence?

According to Article 51-3.6 of the Code of Execution of Sentences, a convict may be granted a change of residence (only within the territory of the Republic of Azerbaijan) by a court decision based on his application and the presentation of the executive officer (on probation) in the following exceptional cases:

when the marital status of the convict changes;

when the convict acquires ownership rights over another residential area;

when a person's illness necessitates the provision of long-term medical care in a medical institution outside the territory of the place of residence (if it is impossible to provide the required medical care at the place of residence or in a medical institution within the territorial boundaries determined by the court).

What violations are considered intentional evasion of the execution of a sentence in the form of restriction of liberty?  

According to Article 51-7.6.2 of the Code of Execution of Sentences, the following cases are considered to be intentional evasion of the execution of a sentence in the form of restriction of freedom:

a prisoner leaving the established territorial boundaries without permission;

a prisoner refusing to carry an electronic monitoring device, damaging it or otherwise rendering it unusable, or failing to service it without an excuse to keep it in working condition;

a prisoner leaving his place of residence without permission for more than 10 days.

 

Who pays for the cost of the electronic monitoring device applied to him by a person sentenced to a sentence in the form of restriction of liberty if the device is damaged or otherwise rendered unusable?

According to paragraph 7.5 of the "Rules for the Application of Electronic Monitoring Devices to Convicted Persons or Persons Subject to Restraining Measures", approved by Resolution No. 144 of the Cabinet of Ministers of the Republic of Azerbaijan dated April 10, 2018, if a convict damages an electronic monitoring device or renders it unusable in any other way, the cost of that device shall be deducted from him.

What duties must a person on probation perform?

According to Article 180.4 of the Code of Execution of Sentences, conditionally convicted persons must fulfill the duties assigned to them by the court and appear at the summons of the executive officer (on probation). Convicts who fail to appear for no good reason may be brought forcibly by the decision of the executive officer approved by the head of the probation institution.

When is the probation period of a person on probation calculated?

According to Article 181.1 of the Code of Execution of Sentences, the probation period is calculated from the date the court verdict enters into legal force.

In what cases is regular or willful evasion considered in the execution of a conditional sentence?

According to Article 182.4 of the Code of Execution of Sentences, repeated failure by a convict to fulfill the duties assigned to him during the year is considered a regular failure to fulfill the duties during the probationary period. According to Article 182.5 of the same Code, a convict whose whereabouts are not determined for more than ten days or who refuses to carry an electronic monitoring device, who fails to service it without good reason to keep it in working condition, who damages the electronic monitoring device or renders it unusable in any other way, is considered to have intentionally refused to fulfill the duties assigned to him.

How is the term of a sentence of deprivation of the right to drive a vehicle calculated?

According to Article 45.2 of the Criminal Code, in cases where the penalty of deprivation of the right to drive a vehicle is imposed in addition to the penalties of detention in a disciplinary military unit or imprisonment, the additional penalty applies to the entire period of serving the main penalty and, in addition, to the period specified in the sentence for this type of penalty. In cases where this penalty is imposed in addition to other main penalties, as well as in the case of a suspended sentence, the period of the additional penalty is calculated from the moment the sentence enters into legal force.

What duties must persons conditionally released from punishment fulfill?

According to Article 178.4 of the Code of Execution of Sentences, persons conditionally released from punishment must fulfill the duties assigned to them by the court and must appear at the summons of the enforcement officer (on probation). Persons who fail to appear for no good reason may be brought forcibly by the decision of the enforcement officer approved by the head of the probation agency.

In what cases can the postponement of punishment be canceled?

According to Articles 79.2 of the Criminal Code and 173.3 of the Code of Execution of Sentences, if the convicted person refuses to raise the child or continues to refuse to raise the child after being warned by the executive officer (on probation) exercising supervision over the convicted person, the court may, upon the recommendation of that body, cancel the suspension of the sentence and send the convicted person to the place specified in the sentence to serve the sentence.

In what order are normative legal acts officially interpreted?

When ambiguities and differences in the content of a normative legal act, as well as contradictions in the practice of its application, are discovered, the normative body that adopted that act or, in accordance with Part IV of Article 130 of the Constitution of the Republic of Azerbaijan, the Constitutional Court of the Republic of Azerbaijan officially interprets the relevant norms.

In what cases is the retroactive effect of a normative legal act allowed?

According to Article 87 of the Constitutional Law “On Normative Legal Acts”, the retroactive effect of a normative legal act is regulated by Part VII of Article 149 of the Constitution of the Republic of Azerbaijan. The effect of a normative legal act that improves the legal status of individuals and legal entities, eliminates or alleviates their legal liability applies to relations that arose before its entry into force, regardless of whether it is directly indicated in that normative legal act or in the act on its entry into force. The retroactive effect of a normative legal act that provides for the emergence or aggravation of the liability of individuals and legal entities for actions that did not give rise to liability at the time of their commission or that gave rise to lighter liability is not allowed.

When do normative legal acts come into force?

According to Article 85.1 of the Constitutional Law “On Normative Legal Acts”, laws, decrees and decisions of the Cabinet of Ministers shall enter into force from the date of their official publication, unless a later date of entry into force is provided for in those acts. If a longer period is not specified in the interstate treaties to which the Republic of Azerbaijan is a party, the normative legal act regulating foreign trade activity shall indicate that it shall enter into force at least 30 days after the date of its publication. In exceptional cases, provided that international organizations are immediately informed, a normative legal act regulating foreign trade activity may enter into force within the period specified therein. Normative legal acts of central executive authorities shall enter into force from the date of their publication in the electronic version of the State Register of Legal Acts, unless a later date of entry into force is provided for in those acts.

How can one get acquainted with the text of the laws of the Republic of Azerbaijan, decisions of the Cabinet of Ministers of the President of the Republic of Azerbaijan and other legal acts?

It is possible to get acquainted with the texts of the laws of the Republic of Azerbaijan, decrees of the President of the Republic of Azerbaijan, decisions of the Cabinet of Ministers and other legal acts free of charge through the website "www.e-qanun.az", which is a unified electronic database of legal acts, as well as the "E-qanun" mobile application of that electronic database.

Can state bodies (institutions) apply legal acts that are not included in the State Register of Legal Acts?

According to paragraph 5.1 of the “Regulation on the Rules for Including Legal Acts in the State Register of Legal Acts of the Republic of Azerbaijan” approved by the Decree of the President of the Republic of Azerbaijan No. 463 dated July 1, 2011, when information is received by the central executive authorities and bodies (institutions) adopting normative acts (except for decisions of the Constitutional Court of the Republic of Azerbaijan) regarding the application of legal acts not included in the State Register of Legal Acts, the Ministry of Justice shall apply to the bodies (institutions) that adopted them for submission of these acts for inclusion in the State Register of Legal Acts. If this application is not fulfilled within ten working days, information on the invalidity of legal acts applied without being included in the State Register of Legal Acts, as well as those not canceled within five days, shall be published by the Ministry of Justice in the Internet information resource of the State Register of Legal Acts

Is it necessary to confirm the authenticity of the texts of legal acts for submission to state bodies, other departments, enterprises and organizations?

According to Articles 79.3 and 79.4 of the Constitutional Law "On Normative Legal Acts", the texts of legal acts included in the State Register of Legal Acts are considered an official source for reference together with the texts of officially published legal acts. In case of a contradiction between the texts of legal acts included in the State Register of Legal Acts and officially published legal acts, the text of the legal act included in the State Register of Legal Acts shall prevail. Thus, there is no need to confirm the authenticity of the texts of legal acts for submission to state bodies, other departments, enterprises and organizations.

Which bodies officially interpret legal acts?

In accordance with Article 90.1 of the Constitutional Law "On Normative Legal Acts", when ambiguities and differences in the content of a normative legal act, as well as contradictions in the practice of its application, are discovered, the normative body that adopted that act or, in accordance with Part IV of Article 130 of the Constitution of the Republic of Azerbaijan, the Constitutional Court of the Republic of Azerbaijan officially interprets the relevant norms.

Who are the subjects of the right of legislative initiative?

According to Article 96 of the Constitution of the Republic of Azerbaijan, the right of legislative initiative in the Milli Majlis of the Republic of Azerbaijan (the right to submit draft laws and other issues for discussion by the Milli Majlis of the Republic of Azerbaijan) belongs to the deputies of the Milli Majlis of the Republic of Azerbaijan, the President of the Republic of Azerbaijan, the Supreme Court of the Republic of Azerbaijan, 40 thousand citizens of the Republic of Azerbaijan with the right to vote, the Prosecutor's Office of the Republic of Azerbaijan, and the Supreme Majlis of the Nakhchivan Autonomous Republic.

Registration of non-commercial legal entities What documents are required for state registration of non-profit organizations?

Non-profit organizations must apply for state registration with an application (the application form was approved by the Resolution No. 70 of the Cabinet of Ministers of the Republic of Azerbaijan dated 13.04.2005).

The following documents are attached to the application:

• founding documents – the charter of the organization approved by the founder (founders) or his (their) authorized representative, the program in relation to political parties, as well as decisions on the establishment of that organization, approval of its charter and formation of management bodies (the founding documents must reflect other issues stipulated in the Civil Code of the Republic of Azerbaijan, as well as those deemed necessary by the founders, and must be signed by all founders (or their authorized representatives);

• a document on payment of the state fee;

• if the founder is a legal entity - a notarized copy of its certificate of state registration (extract from the state register) and charter;

• if the founder is an individual - a copy of his identity document;

• if the founder(s) and legal representative(s) of a non-governmental organization, as well as the legal representative(s) of a branch or representative office of a foreign non-governmental organization, are foreigners and stateless persons with the right to permanent residence in the Republic of Azerbaijan – a document confirming their right to permanent residence;

• a document confirming the legal address (information on the location of the permanent body, the headquarters of a political party) of a non-profit organization wishing to obtain the status of a legal entity;

• a register of members in relation to political parties;

• a copy of a document confirming the identity of the legal representative;

• a document confirming the payment of the authorized capital in funds;

• a document on the appointment of deputy heads of branches or representative offices of non-governmental organizations whose founders are foreigners or foreign legal entities;

• opinion of the State Committee for Work with Religious Organizations of the Republic of Azerbaijan for state registration of non-commercial legal entities whose charter includes activities related to the promotion of religious values;

• document on the consent of the Shusha City State Reserve Department when the word “Shusha” (a combination of words containing the word “Shusha”) is used in the name of a non-commercial organization.

How is a joint-stock company of apartment owners established?

The decision to establish a joint housing association shall be made by the owners of plots of an apartment building at their general meeting. This decision shall be deemed adopted if the plot owners holding more than fifty percent of the total number of votes of the owners of plots of an apartment building vote in its favor.

How much is the state fee for state registration of non-profit organizations?

The state fee for state registration of non-commercial legal entities is 15 manats, the state fee for state registration of representative offices and branches of foreign non-commercial legal entities is 300 manats, and the state fee for state registration of non-commercial legal entities operating in the agricultural sector is 5 manats.

How long is the period for consideration of documents related to state registration of a non-profit organization?

State registration of a non-profit organization must be carried out no later than 40 days. After the documents are accepted by the Ministry of Justice, their compliance with the legislation is checked within 30 days. In exceptional cases, if there is a need to conduct additional research during the inspection, this period may be extended by another 30 days (only working days are taken into account when calculating the periods).

Is a state fee required for registration of changes made to the constituent documents of non-profit organizations and subsequent changes in the facts recorded in them?

Changes in the state register are made free of charge.

What is the period for reviewing documents related to the registration of amendments to the constituent documents of non-profit organizations and subsequent changes in the facts recorded in them?

The change is registered within 5 business days, unless it contradicts the requirements of the legislation.

What documents are required for issuing a duplicate of the certificate of state registration of non-profit organizations in case it is lost or becomes unusable?

An application is submitted with a signed and stamped application by an authorized person of the institution, and the following documents are attached to the application:

• an announcement published in the press about the loss of documents;

• a document confirming the payment of the state fee;

• a certificate issued by the relevant internal affairs body about the unavailability of the document.

Is a state fee required for copies of documents from the state register of non-profit organizations?

Copies of documents are issued to other persons, except for state bodies and founders, upon payment of a fee. A state fee of 2 manats per page is paid for the issuance of extracts from the state register in the form of copies of documents.

What documents are required for submitting information to the Ministry of Justice on the amount of donations received by a non-governmental organization, as well as branches or representative offices of non-governmental organizations of foreign countries, and on the persons who made the donations?

The application is submitted with an application (the form of which is determined by Appendix No. 1 to the "Rules for submitting information on the amount of donations received by a non-governmental organization, as well as branches or representative offices of non-governmental organizations of foreign countries and persons who made the donation", approved by the Resolution No. 336 of the Cabinet of Ministers of the Republic of Azerbaijan dated 21.10.2015). The application is signed by the legal representative of the non-governmental organization accepting the donation and is certified with the seal of that organization. A document confirming that the donation has been transferred to the bank account of the non-governmental organization must be attached to the application. A non-governmental organization, the main purpose of which is charity, as well as branches or representative offices of non-governmental organizations of foreign countries, may accept donations in cash up to two hundred manats.

What documents should an individual submit regarding the donation he/she receives?

The current legislation does not provide for the inclusion of information on donations received by individuals in the register.

What documents should be submitted by recipient non-profit organizations for registration of a grant agreement (decision) and amendments thereto?

The application is submitted with the form (the form is determined by Appendices No. 2 and 4 of the “Regulations on Registration of Grant Agreements (Decisions)”, approved by the Resolution No. 216 of the Cabinet of Ministers of the Republic of Azerbaijan dated 05.06.2015). The following documents are attached to the application:

• a copy of the original of the agreement (decision), including the additional agreement (decision) or the amendments thereto, signed by the parties;

• a copy of the original of the project to be implemented under the agreement (decision), signed by the parties;

• a copy of the identity document of the individual donor;

• if the application is submitted by another person, as well as if the agreement (decision) is signed by a person who is not a legal representative, a document confirming their appropriate authority (unless the authority to sign documents related to the registration of the agreement is specified in the agreement).

If the documents are drawn up in a foreign country, they must be legalized or an apostille must be issued to them. When documents are drawn up in a foreign language, their translation is also attached.

What documents should be submitted by recipient individuals for registration of a grant agreement (decision) and amendments thereto?

The application is submitted with the form (the form is determined by Appendices 1 and 3 of the “Regulations on Registration of Grant Agreements (Decisions)”, approved by the Resolution No. 216 of the Cabinet of Ministers of the Republic of Azerbaijan dated 05.06.2015). The following documents are attached to the application:

• a copy of the original of the agreement (decision), including the additional agreement (decision) or the amendments thereto, signed by the parties;

• a copy of the original of the project to be implemented under the agreement (decision), signed by the parties;

• a copy of the identity document of the individual who is the donor (recipient);

• if the application is submitted by another person, as well as if the agreement (decision) is signed by a person who is not a legal representative, a document confirming their relevant authority (unless the authority to sign documents related to the registration of the agreement is specified in the agreement).

When documents are drawn up in a foreign country, they must be legalized or apostille must be given to them. When documents are drawn up in a foreign language, their translation must also be attached.

What is the term for registration of a grant agreement (decision)?

It is registered within 15 (fifteen) working days from the date of submission of documents. If additional investigation is necessary, the notification period may be extended up to 15 (fifteen) working days.

What contracts for the provision of services and performance of work by non-governmental organizations, as well as branches or representative offices of non-governmental organizations of foreign countries, are submitted to the Ministry of Justice for registration?

A contract for the provision of services or performance of work at the expense of foreign financial sources is submitted to the Ministry of Justice for registration by a non-governmental organization, as well as a branch or representative office of non-governmental organizations of foreign countries.

What documents are required for registration of an agreement on the provision of services or performance of works at the expense of external financial sources by non-governmental organizations, as well as branches or representative offices of non-governmental organizations of foreign countries?

The application is submitted with the form (the form is determined by Appendices 1 and 2 of the "Rules for registration of contracts on the provision of services or performance of work by non-governmental organizations, as well as branches or representative offices of non-governmental organizations of foreign states at the expense of foreign financial sources", approved by the Resolution No. 337 of the Cabinet of Ministers of the Republic of Azerbaijan dated 21.10.2015). The following documents are attached to the application:

• a copy of the original of the contract, including the additional contract or amendments thereto, signed by the parties;

• a copy of the identity document of a foreigner or stateless individual who is the customer of the services provided or the work performed;

• a notarized copy of the document confirming the registration, commercial or non-commercial nature of the foreign legal entity that is the customer of the services provided or the work performed (extract from the trade register, registration certificate);

• detailed information about the services provided or work performed under the contract, confirmed by the customer with his signature (purpose, start and end date of the contract, current situation, expected result, circle of beneficiaries, scope of work and service, place and amount to be provided) (a copy of which is notarized);

• a power of attorney confirming the authority of another person if the application is submitted by him;

• if the contract is signed by a person who is not a legal representative, a notarized copy of the document confirming his appropriate authority;

• if there are other executors of the contract, information about them.

A notarized translation of the contract and other documents in a foreign language must also be attached. Documents drawn up in a foreign country must also be legalized or apostille must be issued to them.

What reports must be submitted to the Ministry of Justice by non-profit organizations?

Any non-governmental organization that receives, collects, provides or transfers funds as part of its activities in order to prevent the financing of terrorism, including a branch or representative office of a foreign non-governmental organization in the Republic of Azerbaijan, must have rules and procedures aimed at minimizing risks when receiving and providing grants and donations, and must compile a detailed annual financial report on grants and donations, as well as their use. The financial report must be submitted to the Ministry of Justice no later than April 1 of each year. The forms of that report are determined by the “Rules for the Form, Content and Submission of the Annual Financial Report of a Non-Governmental Organization” (Appendices No. 5 and 6), approved by the Resolution No. 201 of the Cabinet of Ministers of the Republic of Azerbaijan dated 25.12.2009.

How can an electronic birth certificate be obtained?

Parents can apply for electronic birth registration without visiting the registry office through the “myGov” electronic portal. After submitting the application, the birth is registered at the selected registration authority and the child’s birth certificate is displayed in digital format in the “My Family Information” section of the “myGov” platform. Also, upon the citizen’s request, any registration authority can provide him with a birth certificate in paper format.

How can an electronic death certificate be obtained?

Electronic registration of death through the “myGov” electronic portal is carried out based on the electronic application of the family members of the deceased (parents, spouse, children). They can apply for electronic registration of death through the appropriate portal without visiting the registry office and obtain a certificate certified by an electronic signature. Family members of the deceased can also obtain a death certificate in paper form by personally applying to the registration authority.

At what age can marriage be concluded in the Republic of Azerbaijan?

The marriageable age in the Republic of Azerbaijan is set at 18 years.

How is an electronic application for marriage registration sent?

It is possible to apply for state registration of marriage by electronic application without visiting the registry office. To do this, you need to go to the official website of the Ministry of Justice: State services > Civil status > Registration of marriage.

The electronic application must contain information about the certificates confirming that the persons entering into marriage have undergone a medical examination.

Also, persons wishing to enter into marriage can send an electronic application for entering into marriage through the “myGov” electronic portal after obtaining a certificate of medical examination electronically, selecting the registry office where the marriage will be registered. The personal presence of both parties is required when registering a marriage. Registration of marriage based on a power of attorney is not allowed.

Which institutions carry out state registration of civil status acts?

State registration of civil status acts is carried out by the Ministry of Justice of the Republic of Azerbaijan and the Nakhchivan Autonomous Republic, district (city) registration departments of the Ministry of Justice of the Nakhchivan Autonomous Republic, marriage houses, consular offices of the Ministry of Foreign Affairs of the Republic of Azerbaijan abroad, representations of district, city, city district executive authorities in cities, settlements and villages subordinate to the district (hereinafter - "registration department", "consular office", "representative of the executive authority", respectively), as well as registration departments operating in "ASAN service" centers.

What documents must be submitted to the registration authority to change the name, patronymic and surname?

To change the name, patronymic and surname, the following documents must be submitted to the registration authority: - birth certificate of the applicant; - marriage certificate if the applicant is married; - marriage certificate if the applicant is divorced, marriage certificate; - birth certificates if the applicant has minor children; - notarized copy of the identity document; - notarized copy of the initial military registration certificate or military ticket; - 2 photographs of the applicant measuring 3x4 cm; - document confirming payment of the state duty in the amount of 15 manat for registration of the change of surname, first name and patronymic.

Can citizens of the Republic of Azerbaijan change their name, patronymic and surname?

Citizens of the Republic of Azerbaijan are allowed to change their name, patronymic and surname upon reaching the age of 18.

Within what period should an application be made for birth registration?

To register a birth, the person providing the information must apply to the registry office, consular office or representative office of the executive authority of the place of his choice within 1 month from the date of birth of the child, and within 3 days in the case of a stillborn child. Parents who fail to apply for registration of birth within the period established by law without good reason shall be warned or fined 10 (ten) manats.

What documents must be submitted for birth registration?

The following documents must be submitted for registration of birth:

- documents confirming the identity of the parents (identity card of a citizen of the Republic of Azerbaijan, personal card of a military serviceman, passport of foreigners temporarily residing in the Republic of Azerbaijan, permanent residence permit in the Republic of Azerbaijan for foreigners and stateless persons permanently residing in the Republic of Azerbaijan).

If it is impossible to submit the documents of one of the parents for a valid reason, the birth registration may be carried out on the basis of the documents of the other parent. For state registration of the birth of children of foreigners and stateless persons, in all cases, documents confirming the identity of both parents must be submitted;

- marriage certificate of the parents;

- birth certificates of the parents;

- medical certificate of birth issued by a medical institution (in the absence of a document from a medical institution, a legally effective court resolution on establishing the fact of the birth of the child);

- if the child is stillborn - a document issued by a doctor on his/her stillbirth;

- if the child died in the medical institution where he was born - documents on birth and death issued by the medical institution;

- an application from the commission for the protection of minors and their rights of the local executive authority on the registration of the birth of abandoned or found children and the necessary documents attached to it.

If an application for state registration of birth is made more than 1 month after the date of birth of the child, a certificate from the medical institution where the child is registered must also be submitted.

In what order is information about parents recorded in a birth certificate?

If the father and mother are married to each other, they are recorded as the child's parents in the birth certificate. If the child is born to persons who were married to each other, as well as within 300 days from the date of dissolution or invalidation of the marriage or the death of the child's father, if there is no other evidence, the mother's husband (ex-husband) is considered the child's father. If the father and mother are not married to each other, the entry about the child's mother is made on the basis of the mother's application, and the entry about the child's father is made on the basis of the mother's application or the entry of the act on establishing paternity. If the child is born to an unmarried mother and paternity is not established, the mother's surname is written in the birth certificate instead of the child's father's surname. In this case, the child is given the mother's surname. The names of the child's father and grandfather, as well as the father's nationality, are written at the mother's request.

Is there a state fee for registering a birth?

There is no state fee for registering a birth and issuing a preliminary certificate. At the request of the parents, the ceremony of registering the birth in solemn conditions is carried out at their expense.

How long does it take to register a marriage?

Persons wishing to enter into marriage shall submit an application to any registry office or representative office of the executive authority in person. The marriage shall be concluded in the presence of the persons concerned one month after the date of submission of the application. If the persons wishing to enter into marriage fail to appear at the appointed time and the reason for their failure to appear is not considered excusable, the application for marriage registration shall be cancelled. If the persons wishing to enter into marriage do not change their minds, they shall submit a new application. A new period of 1 month shall be set for marriage registration.

In what cases can the period for registering a marriage be reduced?

In case of good reasons (urgent long-term business trip or moving to another place for permanent residence, having joint children, pregnancy of the woman wishing to enter into marriage, serious illness of the spouses or their close relatives, conscription into military service and other cases), the term of marriage may be reduced or extended by the registry office or the representative office of the executive authority for a period not exceeding 1 month. If the persons wishing to enter into marriage have common children, if both of them are over 50 years old, as well as if the woman is pregnant, the marriage registration may be carried out on the day of submission of the application.

What documents must be submitted for registering a marriage?

The following documents must be submitted for marriage registration:

- documents confirming the identity of the applicants (identity card of a citizen of the Republic of Azerbaijan, personal card of a military serviceman, passport of foreigners temporarily residing in the Republic of Azerbaijan, permanent residence permit in the Republic of Azerbaijan for foreigners and stateless persons permanently residing in the Republic of Azerbaijan);

- certificates confirming that the persons entering into marriage have undergone a medical examination;

- for persons who have been previously married - a certificate of dissolution of marriage (copy) or a death certificate (copy) of the husband (wife), or a legally effective court decision on the invalidity of the marriage or an extract from it;

- for foreigners or stateless persons - a certificate of marital status issued by the competent authorities of the country of their citizenship or permanent residence, if their identity documents do not contain a record of marital status. This certificate must be legalized by the competent authority of the country in which it was issued. The mentioned certificate is valid for 6 months from the date of issue.

Can the state registration of a marriage be registered in a solemn manner?

Ceremonial marriage registration ceremonies are held at the expense of citizens.

Is there a state fee for registering a marriage?

A state fee of 10 manat is paid for registering a marriage.

What is a marriage contract and how is it concluded?

A marriage contract is an agreement concluded between the persons entering into marriage, which determines the property rights and obligations of the spouses during the marriage and in the event of its dissolution. A marriage contract may be concluded at any time before the state registration of the marriage, as well as during the marriage. A marriage contract concluded before the state registration of the marriage shall enter into force on the day of the state registration of the marriage. A marriage contract shall be concluded in writing and shall be notarized.

In what order should information about the child and parents be recorded when registering an adoption?

When registering an adoption, information about the child's surname, first name, patronymic, date of birth, place of birth, surname, first name, patronymic and nationality of the parents are recorded in accordance with the court's decision on adoption

Is there a state fee for registering an adoption?

There is no state fee for registering an adoption and issuing a preliminary certificate.

In what order is a marriage dissolved?

A marriage is dissolved upon the application of both the husband and wife or upon the application of one of them. A marriage is dissolved on the basis of a court decision at the registry office at the place where the decision was issued. During the wife's pregnancy or within 1 year after the birth of the child, the husband cannot file a lawsuit for the dissolution of marriage in court without the wife's consent.

In what order is a marriage dissolved based on the consent of the spouses?

A marriage dissolution may be registered with the consent of spouses who do not have common minor children on the basis of a joint application at the registry office at the place of residence of one of them or at the place where the marriage was registered. A marriage dissolution with the consent of the spouses shall be registered in the presence of both spouses after one month from the date of filing the application. If the spouses do not appear for the dissolution of the marriage at the appointed time and the reason for their absence is not considered justified, their application shall be cancelled. If the reason for the spouses' absence is considered justified, but their desire to dissolve the marriage has not changed, they may submit a new application for the dissolution of the marriage to the registry office. The registry office shall again set a period of 1 month for registering the dissolution of the marriage.

In what cases is a marriage dissolved based on the application of the husband (wife), regardless of the presence of minor common children?

A marriage dissolution shall be registered at the registry office at the place of residence of the spouse, regardless of the presence of minor common children, upon the application of the spouse:

– if the spouse is recognized as missing by the court

– on the basis of the application of the other spouse;

– if the spouse is recognized as legally incapable

– on the basis of the application of the other spouse or the guardian of the spouse recognized as legally incapable.

In the above cases, a marriage dissolution shall be registered on the day the application is filed.

How should an electronic application for registration of dissolution of marriage be made?

It is possible to apply for state registration of marriage dissolution by electronic application. To do this, visit the official website of the Ministry of Justice and select State services > Citizenship status > Registration of marriage dissolution.

How should a marriage be dissolved based on resolutions of foreign courts be made?

Resolutions of foreign courts (except for courts of CIS member countries) on the dissolution of marriage are enforced after being recognized by the Supreme Court of the Republic of Azerbaijan.

On what grounds is the establishment of paternity registered?

The establishment of paternity is registered on the basis of a joint application of the parents or a court decision. In the event of the death of the mother, her incapacity, her deprivation of parental rights, or her place of residence being impossible to determine, the father's application shall be registered with the consent of the guardianship and trusteeship bodies of the local executive authority, and in the absence of such consent, by a court decision. A representative representing a person may also apply for the establishment of paternity on the basis of a notarized power of attorney. The establishment of paternity in respect of persons who have reached the age of 18 shall be registered only with their consent.

What documents must be submitted for the registration of the establishment of paternity?

The following documents must be submitted for registration of paternity:

- a document confirming the identity of the applicant parent (identity card of a citizen of the Republic of Azerbaijan, personal card of a military serviceman, passport of foreigners temporarily residing in the Republic of Azerbaijan, permanent residence permit in the Republic of Azerbaijan for foreigners and stateless persons permanently residing in the Republic of Azerbaijan);

- if the birth of the child has been previously registered, the original birth certificate;

- if paternity is established on the basis of a court decision, a legally effective court decision on this matter.

How should an electronic application for the establishment of paternity be made?

It is possible to apply for state registration of paternity establishment by electronic application. To do this, you need to visit the official website of the Ministry of Justice: Ministry's official website > State services > Citizenship status > Registration of paternity establishment.

Is there a state fee for the registration of the establishment of paternity?

There is no state fee for registering the establishment of paternity and issuing a preliminary certificate on this matter.

In what cases is it not possible to change the name, patronymic and surname?

Changing the name, patronymic, or surname of the applicant is not permitted during the period when he/she is involved in criminal proceedings as a suspect or accused, if he/she has an unexpunged or unpaid conviction, or if he/she is a person against whom compulsory medical measures have been applied.

When a husband (wife) changes his (her) surname, does the surname of the husband (wife) change?

Changing the surname of one spouse does not result in changing the surname of the other.

In what order is the name, patronymic and surname of a person changed when his (her) birth or marriage is registered in a foreign country?

The application for changing the name, patronymic and surname of a citizen of the Republic of Azerbaijan born in foreign countries is considered after the records of his birth and, if married, the marriage certificate are obtained from the competent authorities of foreign countries through the consulate or in another official way by the registry office or consulate.

In what order is the surname of minor and adult children of parents changed when their surname and patronymic are changed?

When registering a father's change of his name, the patronymic of his minor children is changed. The patronymic of adults is changed only in cases where they themselves have applied for it. When the surname of both parents is changed, the surname of the minor is changed. If one of the parents changes the surname, the issue of changing the surname of his minor children is resolved by agreement between the parents, and in the absence of agreement, by the guardianship and trusteeship body of the local executive authority. When the surname of one or both parents or the patronymic is changed, the surname and patronymic of the minor are changed upon the application of the child who has reached the age of majority.

How is death registered?

Information about death is transmitted by the medical institution to the Ministry of Health of the Republic of Azerbaijan, and by the Ministry of Health of the Republic of Azerbaijan on the same day through the EHIS to the information system of the Ministry of Justice of the Republic of Azerbaijan and from there in an automated mode to the registration department at the place of death. The registration department registers the death of a person who died in the territory of the Republic of Azerbaijan on the basis of the information transmitted to the information system within the working day of the transmission of that information.

What are the documents confirming the fact of death?

In the absence of a medical certificate issued by a medical institution confirming the fact of death, or a medical document, the fact of death is determined by court order.

Is there a state fee for issuing duplicate certificates and certificates on registration of civil status acts?

A state fee of 3 manat is paid for the issuance of repeated certificates of registration of civil status acts

Is there a state fee for issuing certificates on registration of civil status acts?

No state duty is charged for obtaining certificates of registration of civil status acts from CIS member countries.

How to get married online?

In accordance with the requirements of the Family Code of the Republic of Azerbaijan (hereinafter referred to as the Code), marriage is concluded by the registry office or consular office in the presence of the persons wishing to enter into marriage, with the addition of a certificate confirming that they have undergone a medical examination, 1 month after the date of their application.

Persons wishing to enter into marriage can determine the time and date of the marriage by filling out the application form for entering into marriage electronically through the official website of the Ministry of Justice (justice.gov.az) and the "myGov" electronic portal, without going to the registry office.

After the user selects the relevant registration authority and fills out the application form electronically, a date is set for the registration of marriage based on the citizen's application and the citizen is invited to the registry office to formalize the marriage.

On the date of the marriage registration, the parties must personally apply to the registry office and submit their identity documents, a certificate of medical examination, a document on payment of the state fee and other necessary documents (if one or both of the parties is a foreigner or a stateless person, a document on his (her) marital status, if one or both of the parties was previously married, a certificate of dissolution of marriage or a certificate of death of the husband (wife), etc.).

According to Article 164.1 of the Code, if these documents can be obtained from the relevant state body (institution) through the Electronic Government Information System, they are not required from the applicant.

How to register a marriage in the electronic system if it is dissolved?

According to the requirements of the Family Code of the Republic of Azerbaijan, a marriage dissolution based on an application is registered at the registry office or consular office at the place of the decision of the spouses or one of them, and a marriage dissolution based on a court decision is registered at the place where the decision was made.

A marriage dissolution by mutual consent of spouses who do not have minor children in common is carried out in their presence after 1 month from the date of filing the application, a record of the act of dissolution of marriage is drawn up and the parties are issued with appropriate certificates.

If a marriage is dissolved in court, after the court decision on this enters into legal force, an extract from that decision is immediately certified by the judge with a strengthened electronic signature and transmitted to the information system of the registry office through the "Electronic Court" information system (Article 23.3 of the Code).

The registry office ensures the execution of the decision on the same day, and later, based on the parties' applications, certificates of dissolution of marriage are presented to them.

Regardless of the presence of common minor children, if the spouse is considered missing in court or is considered legally incapable in court, the dissolution of marriage is formalized on the basis of an appropriate court resolution upon the application of one of them.

After the dissolution of marriage is registered in the automated registration information system "Civil status acts2", the relevant information is reflected in the State Register of Population of the Republic of Azerbaijan. Based on the information transmitted through the electronic government information system, a corresponding change to the dissolution of marriage is made to the person's family members on the "myGov" portal in an automated manner.

Is marriage possible if there are kinship ties?

According to Article 12 of the Family Code of the Republic of Azerbaijan, marriage is not allowed between close relatives (parents and children, grandparents and grandchildren, natural and stepbrothers and sisters (having a common father and mother), adopters and adopted children. At the same time, by Law No. 1198-VIQD dated June 28, 2024, provisions were added to Article 12 of the Code on the prohibition of marriage between children of brothers and (or) sisters who have a common biological grandfather and (or) grandmother, as well as biological relatives of uncles and nieces, as well as aunts and nephews, and this amendment came into force on July 1, 2025.

Can a foreign citizen enter into marriage in the Republic of Azerbaijan while already married?

According to paragraph 3.4 of the "Rules for state registration of civil status acts" approved by the decision of the Cabinet of Ministers of the Republic of Azerbaijan No. 145 dated October 31, 2003, unless otherwise provided for in international treaties to which the Republic of Azerbaijan is a party, foreigners or stateless persons wishing to marry are required to provide a certificate of marital status issued by the competent authorities of the country of their citizenship or permanent residence, based on the absence of a record of their marital status in their documents confirming their status. The certificate must be legalized in the prescribed manner.

According to Article 180.2 of the Family Code, only a person whose marriage has been dissolved and who has obtained the relevant certificate may enter into a new marriage.

Based on the above, the fact that a foreign citizen is married in another country excludes his or her entry into a new marriage in the Republic of Azerbaijan.

Can a married woman have a dual surname?

According to Article 30 of the Family Code, spouses may, at their own request, choose the surname of one of them as their common surname, or each of them may retain their pre-marital surname, or combine the surname of their husband (wife) with their own surname. If one or both of the spouses have a double surname, combining surnames is not allowed.

Is it possible to have dual names?

According to Article 26 of the Civil Code of the Republic of Azerbaijan, every individual has the right to have a name consisting of a first name, patronymic and surname.

According to the mentioned article of the Civil Code of the Republic of Azerbaijan, the name of an individual may consist only of a first name, not a surname.

According to paragraph 1.5 of the "Rules for the Assignment and Change of First Name, Patronymic and Surname", approved by the Resolution No. 79 of the Cabinet of Ministers of the Republic of Azerbaijan dated May 12, 2011, a complaint may be filed in administrative order (or) in court against the decision of the registration authority on the refusal to assign or change a name.

Which body adopts an amnesty act?

The amnesty act is adopted by the Milli Majlis of the Republic of Azerbaijan for persons who are not individually identified. Persons who have committed a crime may be released from criminal liability by an amnesty act. Persons convicted of a crime may be released from punishment, or the term of the punishment imposed on them may be reduced, or the unserved part of the punishment of such persons may be replaced with a lighter type of punishment, or such persons may be released from additional punishment. The conviction of persons who have served their sentence may be withdrawn by an amnesty act.

Who carries out a pardon?

Pardon is granted by the President of the Republic of Azerbaijan to an individual person. A person convicted of a crime may be released from serving the remainder of his sentence by a pardon act, or the term of the sentence imposed on him may be reduced, or the unserved part of his sentence may be replaced by a lighter sentence. A person sentenced to life imprisonment may apply to the President of the Republic of Azerbaijan for pardon after serving ten years of the sentence. A life imprisonment sentence may be replaced by a sentence of imprisonment for a term not exceeding twenty-five years by a pardon act. The conviction of a person who has served his sentence may be revoked by a pardon act.

Which prisoners can be conditionally released from prison?

If the court concludes that a person serving a sentence of correctional labor, restriction on military service, restriction of freedom, detention in a disciplinary military unit, imprisonment for a certain period of time or life imprisonment does not need to serve the full sentence in order to reform, it may conditionally release him from the sentence. In this case, the person may also be fully or partially released from additional punishment. Conditional early release from punishment may be applied after the convicted person has actually served at least half of the term of punishment imposed for a crime that does not pose a great public danger or a less serious crime, at least two-thirds of the term of punishment imposed for a serious crime, at least three-quarters of the term of punishment imposed for a particularly serious crime, as well as after a person who was previously conditionally released from punishment, if the conditionally released from punishment was canceled on the grounds provided for in the Criminal Code, or after a person who previously served a sentence of deprivation of liberty was sentenced to a sentence of deprivation of liberty again due to a recidivism of crimes. The term of deprivation of liberty actually served by the convicted person cannot be less than six months.

Which prisoners can have the unserved part of their sentence replaced with a lighter sentence?

Taking into account the behavior of a person serving a sentence of imprisonment for a certain period of time for a crime that does not pose a great public danger or for a less serious crime, the court may replace the unserved part of the sentence with a lighter type of punishment, taking into account his behavior during the period of serving the sentence. In this case, the person may also be fully or partially exempted from additional punishment.

- Taking into account the behavior of a person serving a sentence of imprisonment for a certain period of time for a crime that does not pose a great public danger or for a less serious crime, the court may replace the unserved part of the sentence with a lighter type of punishment. In this case, the person may also be fully or partially exempted from additional punishment.

- Replacement of the unserved part of the sentence with a lighter type of punishment may be applied after at least one third of the sentence has been served.

- When replacing the unserved part of the sentence, the court may choose any lighter type of punishment provided for in Article 42 of the Criminal Code for each type of punishment, within the limits established by that Code.

Which prisoners can be exempted from serving their sentence due to illness?

A person who, after committing a crime, has become mentally ill and, as a result, is deprived of the opportunity to understand the actual nature and social danger of his act (action or inaction) or to control that act shall be exempted from serving the sentence imposed by a legally effective sentence or from serving the remainder of the sentence. The court may impose compulsory medical measures on such a person. A person who, after committing a crime, has become seriously ill and prevents him from serving the sentence may be exempted from serving the sentence by a court decision. Diseases that prevent a convict from serving the sentence are determined by the "List of Serious Diseases Preventing Convicts from Serving the Sentence" approved by the Ministry of Health of the Republic of Azerbaijan.

Which inspections should be registered in the Register?

All types of inspections conducted by state bodies authorized to conduct inspections in the field of entrepreneurship, public legal entities, as well as legal entities that are state-owned and hold a monopoly position in the provision of relevant services, upon arrival at the places where entrepreneurial activities are carried out, must be registered in the Register.

Can an inspection be carried out without being registered in the Register?

Any inspection conducted in the field of entrepreneurship can only be carried out after registration in the Register. Inspections conducted without registration in the Register have no legal consequences.

In what cases is an inspection conducted by visiting the places of entrepreneurial activity not registered in the Register?

Inspections conducted as part of criminal prosecution or judicial proceedings are not recorded in the Registry.

In what cases is a visit by inspection bodies to places of entrepreneurial activity not registered in the Register?

The issue of methodological assistance, advice, and assessment of the situation by the inspection body based on the entrepreneur's application is not recorded in the Register.

Is information on operational tax control measures placed in the register?

Since, in accordance with Article 50.4 of the Tax Code of the Republic of Azerbaijan, operational tax control is initiated without prior notice to the taxpayer, this information is placed in the register taking into account this requirement.

When is information sent to the Ministry of Justice for registration of planned inspections?  

For the registration of planned (existing in the inspection plan) inspections, information about each inspection is sent to the Ministry of Justice at least 5 working days before the inspection (at least 15 days before a tax inspection).

When should information be sent to the Ministry of Justice for registration of unscheduled inspections?

For the registration of unscheduled inspections (not included in the inspection plan), information about each inspection is submitted to the Ministry of Justice at least 1 working day before the inspection, and immediately if the need to conduct the inspection without delay is justified.

Within what period is an inspection registered?

The inspection is registered within 1 working day from the date of application, and immediately if the need for an unscheduled inspection is justified.

Has responsibility for conducting an inspection been determined before registration?

Officials of inspection bodies are subject to a fine of two thousand to three thousand manats for conducting inspections without being registered in the Register, in accordance with Article 602.1 of the Code of Administrative Offenses of the Republic of Azerbaijan.

With what frequency are inspections carried out according to the plan?

The frequency of planned (next) inspections is determined according to the risk groups to which entrepreneurs belong as follows:

For entrepreneurs belonging to the high-risk group - no more than once a year;

For entrepreneurs belonging to the medium-risk group - no more than once every two years;

For entrepreneurs belonging to the low-risk group - no more than once every three years.

Inspections in the areas of food and feed safety control, fire control, control of the safe operation of potentially hazardous facilities and mining areas and radiation safety control are carried out:

For entrepreneurs belonging to the high-risk group - no more than once every six months;

For entrepreneurs belonging to the medium-risk group - no more than once a year;

For entrepreneurs belonging to the low-risk group, they are carried out no more than once every two years.

What documents and information should the inspector submit before the inspection?

Before the inspection begins, the inspector presents his/her service card (along with his/her ID card), a copy of the decision to conduct the inspection, and an extract from the Register on the registration of the inspection to the entrepreneur or his/her authorized representative, and provides information about the legal basis, subject, duration of the inspection, and the rights and obligations of the parties during the inspection.

Until what date are inspections in the field of entrepreneurship suspended?

Inspections conducted in the field of entrepreneurship in the territory of the Republic of Azerbaijan have been suspended until January 1, 2026.

Can any inspections be conducted during the suspension of inspections?

During this period, only tax audits, audits conducted in the field of financial markets, customs audits, inspections conducted by the relevant executive authority in private medical entities, as well as inspections related to compliance with the quality and safety rules of medicines and the implementation of control over the safety of food and feed products, inspections in the field of fire control, state control over construction, control over the safe operation of potentially hazardous facilities and mining areas and control over radiation safety, inspections related to the investigation of cases of interference with electricity, water, heat and gas meters of business entities by authorized representatives of energy, water, sewage and gas supply enterprises, as well as illegal connection to the distribution network or heating network outside the meter (connection to the network without the consent of the supply enterprise), inspections related to the implementation of control over compliance with the requirements of the laws of the Republic of Azerbaijan "On combating the legalization of property acquired through crime and the financing of terrorism" and "On targeted financial sanctions" Inspections carried out by the supervisory authorities established by the Law of the Republic of Azerbaijan "On Combating Money Laundering and Financing of Terrorism", as well as inspections, the list of which is determined by the relevant executive authority, may be carried out in cases that pose a significant threat to the life and health of people, the security and economic interests of the state.

How is the extradition of convicted persons to their countries of origin carried out to serve the remainder of their sentences?

The extradition proceedings of the convict are initiated after the Ministry of Justice, which is the authorized body for international treaties in this area, receives an application.

Thus, in the event that a citizen applies for the extradition of a convict who is a citizen of the Republic of Azerbaijan serving a sentence in a foreign country, the issue is considered in accordance with the “Rules of Procedure for the Admission of Persons Sentenced to Imprisonment to the Republic of Azerbaijan to Serve the Remaining Part of the Sentence” approved by the decision No. 3-N of the Collegium of the Ministry of Justice dated February 15, 2017. In this case, the application (application) is drawn up in written form and reflects information on the convict’s name, surname, patronymic, place and date of birth, the exact address of the place where the sentence is served, and the degree of kinship if the applicant is a close relative of the convict.

The following documents are attached to the application:

- a copy of the legally effective verdict on the convict;

- a copy of the passport or identity card of the convicted person who is a citizen of the Republic of Azerbaijan, and in relation to stateless persons permanently residing in the Republic of Azerbaijan, a copy of the identity card issued to the stateless person for use within the borders of the Republic of Azerbaijan or for leaving the borders of the Republic of Azerbaijan (in the absence of these documents, a relevant document reflecting these data);

- a document confirming the identity and the right to practice law in the territory of the Republic of Azerbaijan, if the application is made by a lawyer, as well as a warrant of the lawyer's organization;

- documents confirming the identity and the powers of the legal representative, if the application is made by a legal representative. In accordance with the Rules, the citizen's application and the documents attached to it must be addressed to the Penitentiary Service of the Ministry of Justice, and the reception of citizens in these cases is also carried out by the service.

Proceedings related to the transfer of foreign convicts serving sentences in our country to the countries of which they are citizens are carried out only by the Main Department of International Cooperation of the Ministry of Justice in accordance with the requirements of international treaties. In this case, it is sufficient for the citizen or prisoner to apply to the General Directorate of International Cooperation with an application and it is not required to attach any documents to the application.

When is apostille or legalization of documents not required?

If there is a legal assistance agreement between a foreign state and the Republic of Azerbaijan and the documents are submitted through the official bodies of that foreign country, apostille or legalization of the relevant documents is not required. Documents must be apostille or legalized when submitted personally by citizens (their legal representative, agent and attorney).

Where should I apply for recognition of foreign court decisions in our country?

Documents for the recognition of foreign court decisions are submitted by citizens to the Ministry of Justice. After checking that the documents are drawn up in accordance with the requirements of the legislation and existing international treaties, the Ministry of Justice sends them to the Supreme Court of the Republic of Azerbaijan, which is authorized to recognize and enforce foreign court decisions in our country, for consideration on their relevance.

What should I do to enforce domestic court decisions abroad?

If there is a treaty with the relevant state in the field of recognition and enforcement of court decisions, local court decisions may be directed for compulsory enforcement after being recognized by the competent court of a foreign state. In this regard, the interested person may apply to the court that issued the decision for the collection and preparation of the necessary court documents in an appropriate manner.

If there is no treaty with the relevant state, the interested person may apply to the competent court of that foreign state in person or through his representative and lawyer regarding the recognition and enforcement of the local court decision.

Where should I apply to request civil status documents from abroad?

Requests for civil status documents from foreign countries are made on the basis of an order from the registration authorities. In order to prepare the relevant order and submit it to the Ministry of Justice, the relevant registration department must be contacted.

What should I do to determine the location of the debtor abroad according to a court decision?

If there is an agreement on legal assistance with the requested state, the location and income of the defendant (debtor) in a foreign state in connection with the execution of an enforcement document can be determined on the basis of a request for legal assistance by the enforcement officer.

In accordance with the requirements of the Convention “On the International Rules for the Collection of Child Support and Other Forms of Family Maintenance” dated 23.11.2007, the Ministry of Justice (as the central authority) may send a “request for special measures” to determine the exact location, property, if any, and income of the debtor in the states that are members of that Convention.

In accordance with which treaty is the recognition and enforcement of alimony decisions carried out in European countries?

Recognition and enforcement of alimony decisions in European countries is carried out in accordance with the Convention “On the International Rules of the Collection of Child Support and Other Forms of Family Maintenance” signed in The Hague on November 23, 2007. The relevant court may be contacted to have the documents drawn up in accordance with the relevant Convention and submitted to the Ministry of Justice.

What should I do to submit documents on civil or commercial matters in European countries?

The service of documents in civil or commercial matters in European countries is carried out on the basis of the Convention "On the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters" signed in The Hague on November 15, 1965, to which the Republic of Azerbaijan is a party. Relevant documents must be drawn up in accordance with the said Convention and submitted to the Ministry of Justice of the Republic of Azerbaijan for sending to the competent authority of the foreign state.

What is service in the judiciary?

Service in the judicial bodies is a special type of civil service of citizens of the Republic of Azerbaijan who exercise their powers in the areas of activity stipulated by the legislation of the judicial bodies included in the system of law enforcement bodies of the Republic of Azerbaijan.

Who can be admitted to the judiciary?

Citizens of the Republic of Azerbaijan who have professional training in accordance with the requirements of the relevant position and are fluent in the state language of the Republic of Azerbaijan, regardless of race, nationality, religion, language, gender, social origin, property status, place of residence, beliefs, membership in trade unions or other public associations, have the right to serve in the judicial bodies.

Who cannot be admitted to the judiciary?

Persons with dual citizenship, persons with obligations to other states, religious figures, persons who have been deemed incapacitated or have limited capacity by a legally effective court decision, persons who have previously been convicted of a crime, as well as persons against whom criminal proceedings have been terminated without justifiable grounds, persons who are unable to work in judicial bodies due to physical or mental disabilities according to a medical opinion, persons who have been dismissed from these bodies due to gross misconduct or actions incompatible with service in the courts, prosecutor's office, judiciary, other law enforcement or other state bodies, cannot be accepted for service in judicial bodies.

Can a person who has received higher education in a foreign country apply for service in the judiciary?

A person who has received higher education in a foreign country may apply to the justice authorities for admission to the service after receiving a certificate of recognition of his/her higher education qualification issued by the Ministry of Education of the Republic of Azerbaijan on the basis of the "Rules for the recognition and determination of equivalence (nostrification) of qualifications of foreign countries in the field of higher education" approved by the Resolution No. 64 of the Cabinet of Ministers of the Republic of Azerbaijan dated May 13, 2003.

Can a person who has not completed actual military service apply for service in the judiciary for positions with a special rank?

Citizens of conscription age who have not completed the term of active military service established by law (except for those who have the right to deferment from conscription for conscription for conscription or who have been exempted from conscription for conscription for conscription) shall not be accepted for service in the judicial bodies for positions with special ranks. Those who have the right to deferment from conscription for conscription for conscription for conscription for conscription for conscription for conscription for conscription for conscription for conscription for conscription for conscription for conscription for conscription for conscription may be accepted for service if, based on a medical opinion, they are deemed fit for service in the judicial bodies due to their physical and mental disabilities.

How is the recruitment process for judicial services carried out?

A competition or interview is held in public, ensuring transparency, in order to determine the level of knowledge, professional training, general outlook, suitability and suitability of each candidate who has applied for admission to the judicial service. The competition consists of a qualification examination and an interview. The qualification examination is conducted through a test. Candidates who have passed the competition for admission to the judicial service for the first time are involved in compulsory training at the Judicial Academy. Candidates who have successfully completed this training are admitted to the judicial service.

Is there an age limit for recruitment to judicial services?

According to the Law "On Service in Judicial Bodies", citizens of the Republic of Azerbaijan who are not younger than 20 years old and, as a rule, not older than 30 years old are admitted to the Penitentiary Service of the Ministry. No age limit has been established for admission to other judicial bodies. However, when admitting to service, the requirement of the Law "On Civil Service" that citizens who have reached the age of 16 have the right to be admitted to the civil service, and when admitting to civil positions, the requirement of the Labor Code that persons under the age of 15 are not allowed to be admitted to work, is taken into account.

How can I get information about the competition?

Announcements about the competition for recruitment to the judicial bodies are made in the mass media and on the website of the Ministry of Justice of the Republic of Azerbaijan.

Who can participate in the competition?

Citizens of the Republic of Azerbaijan with higher legal education who meet the requirements of the Law "On Service in Judicial Bodies" can participate in the competition.

How can I participate in the competition?

To participate in the competition, a candidate must fill out and confirm an application form on the ministry's website (www.exidmet.justice.gov.az) or the "Electronic Government" portal (www.e-gov.az) through the electronic service "Registration of a candidate for participation in the competition for admission to the judicial service". Applications can also be sent by mail. Individual electronic cabinets are created for all registered candidates and they are informed about the receipt of their applications. The candidate can obtain information about the progress of the competition from the mass media as well as from his electronic cabinet. Those who successfully pass the competition's qualification exam submit other personnel documents.

Is there assistance provided to candidates to prepare for the exams?

In order to help candidates prepare for the exams perfectly and achieve high results, preparatory courses are organized in advance at the Justice Academy, and they are also given a summary of the questions used in the exams and a "Memory Booklet".

What normative legal acts are used in preparing questions for the qualification (test) exam and the interview stage?

The list of normative legal acts used in the preparation of exam questions is posted on the website of the Ministry of Justice (www.justice.gov.az) in the "Admission to Service" section, in the electronic cabinets of candidates and in the "Memory Booklet" provided to them. These documents are also provided to applicants to the ministry and regional justice departments.

How many hours does the qualification (test) exam last?

The exam is held for 3 (three) hours without a break.

How many questions are there in the qualification (test) exam?

The exam consists of 100 questions, including 80 on various areas of law and legislation covering judicial activities, and 20 questions that determine the candidate's ability to draw logical conclusions, general level of knowledge, and worldview.

How are the answers to the questions in the qualification (test) exam evaluated?

Each correct answer to a question on various areas of law and legislation covering judicial activities is valued at 1 point (a total of 80 possible points). Each correct answer to 20 questions that determine the candidate's ability to draw logical conclusions, general knowledge level and worldview is valued at 0.5 points (a total of 10 possible points). Candidates who score 55 or more points at the end of the qualification exam are admitted to the interview.

How can I find out the results of the qualification (test) exam?

When the exam is conducted via computer, information about the results is provided to the candidates immediately after the exam. In addition, the results of the exam are posted on the website of the Ministry of Justice (www.justice.gov.az), as well as on the website of the State Examination Center (www.dim.gov.az) when conducted jointly with the State Examination Center.

How is recruitment carried out for positions in judicial bodies that do not require higher legal education?

Persons for positions that do not require higher legal education are admitted on the basis of an interview in accordance with the Regulations "On the Rules for Conducting Competitions and Interviews with Candidates for Admission to the Judicial Service".

Who can be admitted to the judicial service based on an interview?

In accordance with the "Rules for conducting competitions and interviews with candidates for admission to the judicial service", the following persons are admitted to the service on the basis of an interview:

- persons working in the prosecutor's office and other law enforcement agencies in positions that are provided for special or military ranks;

- persons holding administrative positions in other state bodies who have passed the civil service;

- persons with a degree in law and persons who previously worked as judges;

- persons who have completed training courses intended for candidates for the position of judge, but have not been offered the position of judge;

- candidates for admission to positions that do not require higher legal education;

- candidates for admission to positions of ordinary and junior chief staff;

- candidates for positions that are not provided for special ranks;

- employees who have a civil service qualification degree by holding an administrative position in the judicial system and are transferred to positions that are provided for special ranks;

- persons who have studied abroad within the framework of the State Program;

- persons who have previously served in the judicial authorities for at least 5 years and have a positive record of their activities.

How can I get information about the place and time of the interview or interview?

Candidates are individually informed in advance by the Competition Commission of the Ministry of Justice about the place and time of the conversation or interview.

What documents do those who want to participate in the interview or interview submit?

Application, personnel record sheet, CV, notarized copy of higher education document (diploma) (with recognition of foreign higher education qualifications in the Republic of Azerbaijan and determination of equivalence (nostrification)), notarized copy of identity card, notarized copy of work book or certified by personnel service (except for those starting work for the first time), health certificate from the Ministry of Justice medical service (with submission of a medical certificate from the polyclinic in the area of ​​residence on diseases, a document on registration in narcological and psychiatric dispensaries), notarized copy of military ID, certificate of military service from the local branch of the State Service for Mobilization and Conscription on military service and registration, relevant confirming document if there is a right to deferment from conscription or exemption, certificate of family composition, 4 pieces of 4x6 cm size, 2 pieces of 3x4 cm size color photo.

Can a candidate who fails the competition participate in the next competition?

Can participate.

How long is the internship and probation period for those who are admitted to the judicial service for the first time?

For those who are first hired to serve in the judicial bodies, a six-month internship period is usually set. After the internship period ends, if there is a positive opinion about the intern, the issue of his appointment to the position with a three-month probationary period is resolved. After the probationary period ends, the employee who successfully passes the attestation is appointed to the relevant position and is accepted into permanent service in the judicial bodies.

What is volunteering?

Voluntary activity is a socially beneficial and non-profitable activity related to the performance of work or the provision of services, not prohibited by the legislation of the Republic of Azerbaijan.

How are relations between participants in voluntary activities regulated?

These relations are regulated by a written contract between the parties.

How many hours do volunteers work per day?

The duration of the volunteer's involvement in the activity during the day is determined based on the contract concluded between the parties.

In what specialties is voluntary activity organized in judicial bodies?

In order to implement activities in this field in a more organized manner, young people are given the opportunity to directly apply to the Ministry. Young people studying in the final years of bachelor's degrees in higher education institutions in the fields of law and information and communication technologies, as well as at the master's level, are invited to volunteer in the field of justice.

How can one apply for voluntary activity in the field of justice?

Applications can be submitted via email to hr@justice.gov.az or at the Ministry's administrative building (1 Inshaatchilar Avenue, Baku).

Is a person engaged in voluntary activity paid?

Since volunteering is a socially beneficial and non-profit activity, the volunteer is not paid a salary.

What work does a volunteer do in the fields he is involved in in judicial bodies?

- assists employees in the performance of duties in the areas of activity in which they are involved;

- assists clerks in receiving and sending documents, as well as in registering, formalizing documents, and forming cases;

- assists clerks in ensuring that executed documents are neatly filed and stored in the organization's office.

Additions and changes to the scope of work to be performed (services provided) may be made only by mutual consent of the parties.

How can I register for a reception at the Ministry of Justice administration?

Reception at the Ministry is organized by the Citizens Reception Department of the Department for Document Circulation and Citizens' Appeals in accordance with the "Rules for Reception of Citizens in Justice Bodies" and the reception schedule. In order to receive the Minister of Justice, his deputies, heads of main departments and departments, citizens are registered in the regional justice departments of the district or city where they are registered or live, in accordance with the reception schedule posted on the official website of the Ministry, and in Baku, they are registered in the Citizens Reception Department of the Department for Document Circulation and Citizens' Appeals of the Ministry by personally applying with an identity card or other document confirming their identity or through the public services section on the official website of the Ministry, and are informed about the time and place of the reception.

Citizens are registered for the reception of the Minister of Justice after being accepted by the relevant deputy minister, and for the reception of deputy ministers after being accepted by the relevant heads of main departments and departments of the Ministry.

I have been to the reception of the administration of the department/head office, but the issue has not been resolved, what steps should I take?

According to Article 10 of the Law of the Republic of Azerbaijan "On Citizens' Appeals", citizens can register for the next hearing after receiving a response letter regarding the results of the relevant hearing, in accordance with their requirements for consideration of their appeals within 15 working days at the latest, and appeals requiring additional study and verification within 30 working days at the latest.

How can I register for a reception without going to the Ministry's administrative building?

In this regard, it is necessary to contact the Citizens' Reception Department of the Department for Document Circulation and Citizens' Applications (contact details: 012-510-10-01 (extension 10941), 012-537-24-04, e-mail address contact@justice.gov.az or via the relevant electronic service (https://exidmet.justice.gov.az:8284/Other/Reception).

I cannot come to the reception myself, can another person represent me?

According to the requirements of the Civil Code of the Republic of Azerbaijan, representation of a person before third parties is possible on the basis of a power of attorney granting the relevant rights.

How are video receptions organized at the Ministry of Justice?

According to Article 3.1 of the Regulation “Organization of video reception of citizens at the Ministry of Justice of the Republic of Azerbaijan”, video receptions of the Minister of Justice, his deputies, heads of the main departments and departments of the ministry are carried out in specially equipped reception rooms of the Ministry's apparatus or regional justice departments on the days and hours specified in the reception schedule.

How are applications made during video receptions reviewed?

According to Article 4 of the Regulation "Organization of video reception of citizens in the Ministry of Justice of the Republic of Azerbaijan", applications made during video receptions are registered in the Ministry's "Electronic document circulation" information system in the form of a video file, as well as registration and control sheets are drawn up for applications. Applications are considered in accordance with the Law of the Republic of Azerbaijan "On Citizens' Applications" and when video reception of citizens is carried out by the Ministry's management, their applications are appropriately registered on the form, a sample form of which is given in Appendix 4 to the "Rules for Reception of Citizens in Justice Bodies", approved by the decision of the Board of the Ministry dated November 29, 2011 No. 5-N.

How long does it take for my application to be answered?

According to Article 10 of the Law of the Republic of Azerbaijan "On Citizens' Appeals", citizens' appeals are considered within 15 working days at the latest, and appeals requiring additional study and verification are considered within 30 working days at the latest.

How can I obtain documents from the archives of the Ministry of Justice?

To obtain extracts and copies of documents stored in the archive department, a citizen applies to the Ministry of Justice. The Archive Department of the Department for Document Circulation and Citizens' Appeals conducts an analysis based on the request received from the relevant structural unit and sends the necessary document to that department/head office for presentation to the citizen

What crimes stipulated in the Criminal Code of the Republic of Azerbaijan are investigated by the Investigation Department?

According to the Law of the Republic of Azerbaijan “On the approval, entry into force of the Criminal Procedure Code of the Republic of Azerbaijan and related legal regulation issues” and the Decree No. 387 of the President of the Republic of Azerbaijan dated 25.08.2000 on the application of the Criminal Procedure Code of the Republic of Azerbaijan approved by that Law, Articles 196 (intentional evasion of payment of creditors' debts), 289 (contempt of court), 303 (illegal actions with respect to property that has been registered or is subject to arrest or confiscation), 305 (evasion of serving a sentence in the form of deprivation of liberty), 306 (failure to execute a court verdict, decision, or other act), 317-1.1 (giving or transferring prohibited items to persons detained in penitentiary institutions or pre-trial detention centers), 317-2 (taking prohibited items by a person detained in penitentiary institutions or pre-trial detention centers) The preliminary investigation into cases of crimes stipulated in Articles 111-112 of the Criminal Code (preparation, storage, transportation or use of confiscated items) is carried out by the Ministry of Justice of the Republic of Azerbaijan.

In what cases can a person be forcibly brought to the body conducting the criminal proceedings during the course of a criminal case?

According to Article 178.2 of the Criminal Code of the Republic of Azerbaijan, forced delivery may be applied to a person participating in criminal proceedings and summoned to the body conducting the criminal proceedings only in the following cases:

- if he fails to appear at the mandatory summons of the body conducting the criminal proceedings without a valid reason;

- if he refuses to accept the summons of the body conducting the criminal proceedings;

- if he hides from the body conducting the criminal proceedings;

- if he does not have a permanent place of residence.

In what cases is a preventive measure of arrest chosen for the accused during the course of a criminal case?

According to Article 155 of the Criminal Code of the Republic of Azerbaijan, a preventive measure of arrest may be chosen upon the petition of the investigator and the presentation of the prosecutor conducting the procedural management of the preliminary investigation, as well as on the initiative of the court considering the criminal case and only by the court's decision in the following cases:

- hiding from the body conducting the criminal proceedings;

- exerting illegal influence on persons participating in the criminal proceedings,

- obstructing the normal course of the preliminary investigation or court hearing by concealing or falsifying materials of importance for criminal prosecution;

- re-committing an act provided for by criminal law or creating a danger to society.

How is the non-execution with prejudice specified in Article 306.1 of the Criminal Code of the Republic of Azerbaijan determined for the initiation of a criminal case?

According to the decision of the Plenum of the Constitutional Court of the Republic of Azerbaijan on the interpretation of Article 306.1 of the Criminal Code of the Republic of Azerbaijan dated 02.10.2012, non-execution of judicial acts constitutes a crime under Article 306 of the Criminal Code only if it is prejudicial. Non-execution is prejudicial if, after a written warning to the guilty person, he does not fulfill the requirement of the judicial act or continues to take actions aimed at making the execution of judicial acts impossible.

Non-execution of judicial acts with prejudice can be determined based on the following:

- failure to fulfill the requirements stipulated in the court decision within the period specified in that decision;

- repeated official warning to the debtor about the non-execution of the court decision;

- bringing the debtor to administrative responsibility for non-execution of the court decision;

- failure of the debtor to take sufficient measures to execute the court decision;

- the debtor having actual opportunities to execute the court decision.

What are the items that are prohibited from being given or transferred to persons detained in penal institutions or pre-trial detention centers, as well as to convicts?

According to the Internal Disciplinary Rules of Penitentiary Institutions approved by the Order No. 16-T of the Ministry of Justice dated 19.11.2010 and the Internal Disciplinary Rules of Pre-trial Detention Centers approved by the Decision No. 63 of the Cabinet of Ministers dated 26.02.2014, the following is a list of items that are prohibited from being given or transferred to prisoners in penitentiary institutions or pre-trial detention centers, as well as their preparation, storage, carrying, transportation or use by them:

All types of firearms and cold weapons, ammunition, explosives and their parts, special means, toxic (dangerous to human life) substances.

Cutting and piercing tools similar in design to cold weapons.

Narcotic drugs, psychotropic substances and their precursors.

Strongly acting drugs.

All types of alcoholic beverages, substances containing alcohol.

Radio wave (electromagnetic wave) transmitter-suppressor devices, radio electronic devices and elements, listening devices and detectors (detection devices) of hidden cameras.

All types of radio receivers and transmitters, pagers, mobile phones, faxes, computers, intermediary devices for accessing the Internet.

Publications, audio-video carriers, propagating war, violence, extremism, terrorism and cruelty, inciting national, religious and racial hatred, as well as pornographic publications.

What liability is provided for by the legislation for the preparation, storage, transportation, or use of prohibited items by a person detained in penal institutions or pre-trial detention centers?

This act is punishable by criminal liability under Article 317-2 of the Criminal Code of the Republic of Azerbaijan. According to the requirements of this article, the preparation, storage, transportation, transportation or use of prohibited items by a person detained in penitentiary institutions or detention centers is punishable by imprisonment for a term of up to six months. Repeated commission of the same acts is punishable by imprisonment for a term of up to two years.

What liability is provided for by the legislation for the provision or transfer of prohibited items to persons detained in penal institutions or pre-trial detention centers?

This act is punishable by criminal liability under Article 317-1.1. (Provision or transfer of prohibited items to persons detained in penitentiary institutions or pre-trial detention centers) of the Criminal Code of the Republic of Azerbaijan. According to the requirements of this article, the provision or transfer of prohibited items to persons detained in penitentiary institutions or pre-trial detention centers by concealing them from inspection or by any other means is punishable by a fine of one thousand to two thousand manats or corrective labor for a term of up to two years or imprisonment for a term of up to two years.

When does the criminal offense provided for in Article 306 of the Criminal Code of the Republic of Azerbaijan (Non-execution of a court verdict, decision or other act) arise?

According to the decision of the Plenum of the Constitutional Court of the Republic of Azerbaijan dated 02.10.2012 on the interpretation of Article 306.1 of the Criminal Code of the Republic of Azerbaijan, failure to execute judicial acts constitutes a crime under Article 306 of the Criminal Code only if it is done with prejudice.

What liability is provided for evading payment of alimony?

Those actions may result in administrative liability under Article 528.1 of the Code of Administrative Offenses of the Republic of Azerbaijan for failure to fulfill the legal requirements of the enforcement officer regarding the execution of a court resolution on the payment of alimony, and in cases where the person does not re-execute the enforcement document with prejudice, he may be held criminally liable under Article 306 of the Criminal Code of the Republic of Azerbaijan (Failure to execute a court verdict, decision, or other act).

In what cases is it provided for the release of a person from criminal liability provided for in Article 306 of the Criminal Code of the Republic of Azerbaijan?

A person who has committed the acts provided for in Article 306 of the Criminal Code of the Republic of Azerbaijan shall be exempted from criminal liability if he fully executes the legally effective court resolution, sentence, ruling, decision or order related to those acts before the sentence becomes legally effective. At the same time, in accordance with Article 80-1 of the Criminal Code of the Republic of Azerbaijan (Exemption from serving a sentence in connection with full compensation for the damage caused or the income obtained as a result of a crime by reconciling with the victim), a convicted person shall be exempted from serving a sentence if he fulfills the conditions stipulated in the "Note" parts of Articles 306 of the Criminal Code regarding exemption from criminal liability during the period of serving his sentence.

What liability is provided for committing a crime under Article 306 of the Criminal Code of the Republic of Azerbaijan?

According to Article 306.1 of the Criminal Code of the Republic of Azerbaijan, the punishment for the biased non-execution of a legally effective court resolution, verdict, ruling, decision or order or obstructing the execution of such court acts is from two thousand to four thousand manats, or from three hundred and twenty to four hundred and eighty hours of community service, or correctional labor for a term of up to two years, or restriction of liberty for a term of up to three years, or imprisonment for a term of up to three years. According to Article 306.2 of the Criminal Code, if the same acts are committed by an official, the punishment is from five thousand to seven thousand manats, or correctional labor for a term of up to two years, or restriction of liberty for a term of up to five years, or imprisonment for a term of up to five years, with or without deprivation of the right to hold certain positions or engage in certain activities.

What liability is provided for intentionally evading payment of a creditor's debt?

This act is punishable by criminal liability under Article 196 of the Criminal Code of the Republic of Azerbaijan (Intentional evasion of payment of creditors' debts). In accordance with the requirements of that article, if the intentional evasion of the head of an organization or a citizen from paying creditors' debts or securities, based on the relevant court decision that has entered into legal force, causes significant damage, it is punishable by a fine in the amount of two to three times the amount of damage caused as a result of the crime, or corrective labor for a term of up to one year, or restriction of liberty for a term of up to two years, or imprisonment for a term of up to two years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. The same actions, if they cause large-scale damage, shall be punishable by a fine in the amount of three times the damage caused as a result of the crime, or by corrective labor for a term of up to two years, or by restriction of liberty for a term of one to three years, or by imprisonment for a term of two to five years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

In what cases is a person exempted from criminal liability under Article 196 of the Criminal Code of the Republic of Azerbaijan?

According to Article 73-2.2 of the Criminal Code of the Republic of Azerbaijan, a person who has committed an act(s) stipulated in Articles 196 of this Code and has fully paid the damage caused as a result of the crime or has fully transferred the income obtained as a result of the crime to the state budget, shall be exempted from criminal liability if he/she additionally makes a payment to the state budget in the amount of one-time the damage caused (income obtained).

In what amount does criminal liability arise for intentionally evading payment of creditor's debts?

Article 196.1 of the Criminal Code of the Republic of Azerbaijan stipulates that the amount that gives rise to criminal liability for intentional evasion of payment of creditor debts is an amount exceeding fifty thousand manats, but not exceeding two hundred thousand manats, when causing significant damage, and Article 196.2 stipulates that the amount exceeding two hundred thousand manats is a large amount of damage.

What liability is provided for evading serving a sentence of imprisonment?

According to Article 305 of the Criminal Code of the Republic of Azerbaijan, failure to return after the expiration of the permit by a person who has been granted permission to leave the place of imprisonment for a short period of time is punishable by imprisonment for a term of up to one year.

What is meant by illegal actions against property that has been registered or is subject to seizure or confiscation, and what liability is provided for this act?

According to Article 303 of the Criminal Code of the Republic of Azerbaijan, illegal actions with listed or seized property are understood as squandering, alienation, concealment, as well as alteration of such property by a person entrusted with the property. For this act, as well as the implementation of banking transactions with seized funds (deposits) by a representative of a bank or other credit institution, is punishable by a fine of one thousand to two thousand manats or by community service of three hundred and sixty to four hundred and eighty hours or by imprisonment for a term of up to two years. According to Article 303.2. of the Criminal Code, concealment or misappropriation of property subject to confiscation under a court verdict (decision), as well as other evasion of the execution of a court verdict (decision) on confiscation of property that has entered into legal force, is punishable by a fine of two thousand to four thousand manats or by imprisonment for a term of up to three years with or without a fine of one thousand to two thousand manats.

What liability is provided for contempt of court?

According to Article 289 of the Criminal Code of the Republic of Azerbaijan, contempt of court by insulting the participants of the court hearing is punishable by a fine of five hundred to one thousand manats, or by community service for three hundred and twenty to four hundred hours, or by imprisonment for a term of up to six months. According to Article 289.2 of the same code, when the same acts are committed against a judge, they are punished by a fine of one thousand to one thousand five hundred manats, or by correctional labor for a term of up to two years, or by imprisonment for a term of up to six months.

On which platforms are the electronic services of the Ministry of Justice implemented?

Electronic services are provided to the public on the official website of the Ministry of Justice in the public services section and through various mobile applications.

What mobile applications of the Ministry of Justice are available?

The Ministry of Justice has "Mobile Notary", "e-Law" and "Mobile Enforcement" applications. Also, relevant services of the Ministry are provided to citizens through the "myGov" mobile application.

How can I obtain information about my personal identification number?

It is obtained free of charge by entering the portal “www.exidmet.justice.gov.az” and selecting the section “Provision of information on personal identification numbers to citizens of the Republic of Azerbaijan, as well as foreigners and stateless persons permanently residing in the Republic of Azerbaijan” from the list of e-services provided by the Ministry of Justice, entering the series and number of the identity document, and in the absence of an identity document, entering the information on the name, surname, patronymic and date of birth. At the same time, in order to ensure information security, a security code sent to the user's mobile phone number is used when using this service.

Who can use the services provided in mobile applications?

These services can be used by citizens of the Republic of Azerbaijan, including those living abroad, as well as foreigners and stateless persons with temporary or permanent residence permits in the territory of the Republic of Azerbaijan.

How is the "Mobile Notary" application used?

The software can be downloaded to mobile devices free of charge from both the Appstore and Google Play. Registration is done by selecting any notary in the application and obtaining a one-time password, using the "Digital Login" system, or by sending a video request to the notary through the "Mobile Notary" application.

What services are provided through the "Mobile Notary" application?

Transportation use, transportation disposition, representation in institutions, real estate disposition, power of attorney, bank power of attorney, inheritance power of attorney, formalization of power of attorney for purchasing medicines, rental contracts, minor leaving the country, real estate disposition, termination of power of attorney, issuance of a passport to a minor, registration in the residential area, education student loan, application rejection, approval of free content applications, translation and insurance services are provided.

How can the authenticity of the power of attorney issued through the "Mobile Notary" application be verified?

The authenticity of notarial documents can be verified through the "Mobile Notary" application or the "notariat.az" website through the QR code, barcode, and personal identification number of the person placed on them.

How is payment for notarial actions made?

Payment for the services provided can be made directly in the “Mobile Notary” application via the “Government Payment” portal system via any bank card as the final stage during the preparation of applications. In order to facilitate payment methods, the application has been created with the functionality of adding information about bank cards.

How is the payment refunded if the application is refused by the notary?

In the event that the notary refuses to formalize notarial actions in accordance with the legislation, the funds will be immediately returned to the bank card from which the payment was made.

What is the notary's mobile bag for?

Notary services are provided in places where people are unable to come to the notary office through equipment (computer, webcam, printer) placed in a bag and connected to the "Electronic Notary" information system.

What electronic services of the Ministry of Justice are available on the "myGov" portal?

The services of the Ministry of Justice for obtaining information about close relatives, applying for birth and death certificates, applying for termination of a power of attorney, power of attorney for representation in institutions, power of attorney for use of a vehicle, power of attorney for disposal of transport, registration of marriage, and obtaining a certificate of singleness are carried out on the "myGov" portal.

How to use the "e-Qanun" mobile application?

The mobile application provides the ability to quickly and conveniently obtain normative legal acts at any time of the day, regardless of location, search documents by name, text, number and date, as well as differentiate them by status, view the document in text or image form, as well as familiarize yourself with its details, various versions depending on changes made at different times, and related documents. Using the tools placed on the panel for working with text, it is possible to zoom in and out of the text, search within it, and switch to a special mode for visually impaired people. The "E-qanun" mobile application can be downloaded from the "Google Play" and "Applestore" platforms without any registration or payment.

Why was the electronic auction portal created?

In order to increase transparency and efficiency in the field of justice, ensure accessibility to citizen-oriented services, as well as minimize official-citizen communication, the process of selling the debtor's property in connection with the execution of enforcement documents is provided through the Electronic Auction Portal.

Individuals and legal entities permitted to participate in electronic auctions in accordance with the legislation, as well as claimants and debtors, can access the portal through the "ASAN Login" single login system.

How can citizens obtain information about Azerbaijani names?

By entering the public services section on the official website of the Ministry of Justice, it is possible to enter any name in the "Information on Azerbaijani Names" electronic service and obtain an explanatory commentary on that name, as well as statistical information on the number of most frequently given names by year.

How can individuals and legal entities obtain information about enforcement proceedings to which they are parties?

By accessing the public services section on the official website of the Ministry of Justice, citizens can obtain information about the enforcement cases to which they are a party by making a request based on the FIN, and apply to the enforcement officer regarding the case of their choice, as well as attach the necessary documents to the application.

By what electronic methods can debts related to the execution of decisions of courts and other bodies, including alimony, loans, fines and other payments, be paid?

Payments can be made non-cash via the "ASAN Payment" platform, as well as the "Government Payment Portal" system, via various mobile applications, with a plastic card, and in cash via the "ASAN Pay" and "Milli On" terminals.

What is the meaning of the word "penitentiary"?

The word "penitentiary" comes from the Latin word "paenitentia", which translates to "repentance".

What are the physical fitness standards for admission to the penitentiary service?

The physical fitness of candidates applying for service is checked in accordance with the “Physical fitness standards of military personnel and law enforcement personnel” approved by the Order No. 41S of the Cabinet of Ministers of the Republic of Azerbaijan dated February 21, 2000 and the “Rules for checking the physical fitness of persons admitted to the Penitentiary Service of the Ministry of Justice of the Republic of Azerbaijan” approved by the Order No. 12-T of the Minister of Justice dated March 30, 2009. The physical fitness of persons is determined by determining their physical qualities such as strength, speed and endurance. For male candidates, strength qualities are determined by pulling up on the horizontal bar (at least 8 times), speed qualities are determined by running 100 meters (at least 14.5 seconds), and endurance qualities are determined by running 1000 meters (at least 3 minutes and 50 seconds). For female candidates, strength qualities are determined by lifting and lowering the body from the floor while lying on the back with the hands clasped behind the neck (at least 31 times), speed qualities are determined by running 100 meters (at least 19.0 seconds), and endurance qualities are determined by running 1000 meters (at least 5 minutes 10 seconds). A candidate who receives an “insufficient” grade for any of the above standards is considered to have failed the standards in general.

How is admission to the penitentiary service carried out?

Citizens of the Republic of Azerbaijan who wish to serve in the penitentiary service can apply via e-mail (info@penitensiar.justice.gov.az), Azerpocht and the mailbox at the Main Office of the service located at 114 Nizami Street, Baku city. Applying citizens are accepted at the Main Office of the service and persons who meet the requirements of the Law of the Republic of Azerbaijan “On Service in the Judicial Bodies” submit their documents in the list specified in the “Rules for Conducting Competitions and Interviews with Candidates for Admission to the Judicial Bodies” to participate in the interview. After submitting the documents, the possibility of accepting the candidate for service in the judicial bodies is checked in accordance with the procedure established by law and an opinion is drawn up on the possibility of his/her admission to service. Each of the candidates who applied is given a “Memory Booklet” containing the necessary information regarding the interview and its conduct. The suitability of the citizens applying for service is determined by the military-medical commission of the Main Medical Department of the Ministry of Justice and an opinion is given on this. After the opinion of the medical commission, candidates must fulfill the physical training standards in accordance with the “Physical Training Standards for Military Personnel and Law Enforcement Personnel” approved by the Order No. 41S of the Cabinet of Ministers of the Republic of Azerbaijan dated February 21, 2000. Candidates who have received a positive opinion from the medical commission, who have fulfilled the physical training standards and who have received an opinion on the possibility of being accepted for service are admitted to the interview. Candidates are informed in advance about the place and time of the interview. Those who come to the interview must bring their identity cards with them. The interview is conducted with each candidate individually in accordance with the above-mentioned Rules. Each candidate is asked 5 questions to determine their compliance with the requirements of the position they are applying for. It is possible to score a maximum of 25 points based on the answers given to these questions. The interview is considered successful if the candidate scores 60% or more of the possible points. After the interview, the issue of appointment of candidates who applied for the positions of junior chief of staff is resolved. Those who passed the interview for the positions of middle chief of staff are involved in mandatory training at the Academy of Justice, and those who successfully complete the training and receive a certificate of admission to professional activity are appointed to the relevant positions.

What documents must be submitted for admission to the penitentiary service?

In accordance with the “Rules for conducting a competition and interview with candidates for admission to the judicial service”, the following documents are submitted:

application for participation in an interview on a unified form;

personal record sheet of personnel records;

curriculum vitae;

notarized copy of a higher education certificate;

notarized copy of an identity card;

notarized copy of a work book or a copy certified by the personnel service;

health certificate from the medical service of the Ministry of Justice;

notarized copy of a military ID;

certificate on family composition;

2 color photographs 3x4.

When are insurance payments made to judicial employees?

According to Article 3 of the Law of the Republic of Azerbaijan “On State Compulsory Personal Insurance of Judicial and Law Enforcement Agency Employees”, the insurer of judicial and law enforcement agency employees is the state insurance body. According to Article 5 of the same Law, death (death), injury (injury, trauma, contusion) of judicial and law enforcement agency employees in connection with the performance of their official duties are considered insured events. According to the referenced legislation, the insurance payment is paid by the insurer when an insured event occurs.

To whom does the lump-sum benefit for treatment apply among judicial employees?

This benefit is provided for in Article 23.2 of the Law of the Republic of Azerbaijan “On Service in the Judicial Bodies” and is regulated by the Rules “On Provision of a One-Time Benefit to Employees of the Judicial Bodies in Connection with Medical Treatment” approved by Order No. 7-T of the Ministry of Justice of the Republic of Azerbaijan dated April 28, 2008. According to paragraph 2.1 of those Rules, “the benefit is provided upon the application of the employee or his representative. The Rules do not provide for the provision of benefits to employees who have retired.

What law regulates the pension provision of employees of the penitentiary service?

Pension provision for employees who have served in the penitentiary service and their family members is regulated by the laws of the Republic of Azerbaijan “On Labor Pensions” and “On Service in Judicial Bodies”. Documents of retired employees are collected, an information sheet is prepared and sent to the Special Conditions Appointment Department of the State Social Protection Fund under the Ministry of Labor and Population Protection for the purpose of pension assignment.

How can I obtain information on the lifting of restrictions imposed on a convicted person?

A written application may be made to the Penitentiary Service of the Ministry of Justice to obtain information on the lifting of restrictions imposed upon a person upon completion of his/her sentence.

What is the difference between amnesty and pardon?

Amnesty is the release from punishment imposed or to be imposed on individuals who have committed violations of the law, or the reduction of the term of the sentence imposed on them, or the replacement of the unserved part of the sentence with a lighter type of punishment. The amnesty act is adopted by the Milli Majlis of the Republic of Azerbaijan. Amnesty is the release from punishment imposed on individuals who have been convicted by courts, or the reduction of the term of the sentence imposed on them, or the replacement of the unserved part of the sentence with a lighter type of punishment. Amnesty is carried out by the President of the Republic of Azerbaijan.

When was parole first envisaged?

In 1840, Scottish geographer and Royal Navy captain Alexander Maconochine first proposed the idea of ​​parole after being appointed to the British penal colony on Norfolk Island, Australia. At that time, a three-point plan was drawn up for prisoners. The first two points of the plan were incentives earned through good behavior, work, and education, and the third point was conditional early release from prison in exchange for compliance with the above points.

How can an application be made for parole of a convicted person?

According to the “Regulation on Pardon” approved by the Decree of the President of the Republic of Azerbaijan dated June 18, 2001, an application for pardon may be submitted by a convicted person, his/her defense counsel, representative or legal representative. An application for pardon may be submitted for a person sentenced to correctional labor, restriction of freedom, detention in a disciplinary military unit, restriction in military service and imprisonment for a crime that does not pose a major public danger - after the sentence enters into legal force, for a person sentenced to imprisonment for a less serious crime - after serving at least one third of the sentence, for a person sentenced to imprisonment for a serious and especially serious crime - after serving at least half of the sentence, for a person sentenced to life imprisonment - after serving ten years of the sentence, for a conviction to be expunged - after the convicted person has served the sentence. The issue of pardon may also be raised by a deputy of the Milli Majlis of the Republic of Azerbaijan, the Commissioner for Human Rights, the body executing the sentence, an international or non-governmental organization on their own initiative. The commissions for the protection of minors' affairs and rights may also submit petitions for the pardon of persons who were between the ages of fourteen and eighteen at the time of committing a crime and who were convicted by the courts of the Republic of Azerbaijan.

What normative and legal acts regulate the institution of parole of a convicted person?

In accordance with Articles 76 of the Criminal Code of the Republic of Azerbaijan, 170 of the Code of Execution of Sentences, and 513 of the Criminal Procedure Code, the institution of conditional early release of prisoners from punishment is implemented after serving half of the sentence in general less severe regime, two-thirds of the sentence in general severe regime, three-quarters of the sentence in severe regime, and 25 years in life imprisonment.

What is the time limit stipulated in the legislation for reconsideration of an application for conditional early release of prisoners from prison and change of the type of prison?

In accordance with Articles 513.2 and 514.3 of the Criminal Procedure Code of the Republic of Azerbaijan, if the court refuses to grant conditional early release from serving the sentence, as well as to change the type of penitentiary institution, the re-examination of the application or petition on these issues is allowed after at least 6 (six) months have passed since the date of the court decision to reject the relevant application. In cases where the court rejects an application with the same content regarding a person sentenced to life imprisonment under Article 513.2 of the Code, a re-examination of the application may be filed after at least 1 (one) year has passed since the date of such decision.

What is the main purpose of the activities of the Academy of Justice?

The main goal of the Academy of Justice is to prepare qualified personnel for the judiciary, prosecutor's office and court bodies, and advocacy, to provide legal training for justice workers without higher legal education, to study conceptual problems for the development of justice and court bodies, and advocacy, and to conduct fundamental, experimental and applied scientific research in various fields of legal science.

Who is compulsory trained at the Academy of Justice?

The Academy of Justice provides mandatory training for candidates admitted to the judiciary for the first time, as well as candidates for the bar, in order to allow them to engage in professional activities, and initial long-term training for candidates for the position of judge.

In what form is education carried out at the Academy of Justice?

At the Academy of Justice, initial long-term education, compulsory training, and professional development are carried out in full-time education, while the preparation of doctoral students is carried out in full-time and part-time education.

In what cases is free legal aid refused in the Legal Aid Department?

Free legal aid is denied if the applicant is not a person with disabilities, if the matter being appealed is related to criminal proceedings, if the matter being appealed is not a legal matter, if the department is considering the appeal of the opposing party, if the applicant has an unlawful purpose, if the applicant exhibits aggressive and unethical behavior, if the applicant is intoxicated, if the applicant abuses free legal aid and applies for the same subject repeatedly.

Is legal assistance to citizens provided on a paid or free basis in the Legal Support Department of the Academy of Justice?

The legal assistance department provides citizens with free (without payment) legal assistance in oral or written form.

Who provides free legal assistance to citizens in the Legal Assistance Department?

The Legal Assistance section provides free legal assistance to law students and young lawyers under the supervision of a professional lawyer.

Who provides free legal assistance to citizens in the Legal Assistance Department?

The legal assistance section provides free legal assistance to low-income groups of the population, persons with average monthly incomes below the subsistence minimum, persons of retirement age, war veterans, labor veterans and veterans of the armed forces, minors, legal representatives defending the rights and legal interests of children, persons with disabilities in need of free legal assistance, persons declared incapacitated or with limited legal capacity by a court who apply for free legal assistance to protect their rights and legal interests, and their legal representatives, persons entitled to receive social assistance in accordance with the Law of the Republic of Azerbaijan "On Targeted State Social Assistance" dated January 1, 2006, pregnant women and persons raising children under the age of 8 alone, refugees and internally displaced persons, and members of the families of martyrs.

In which areas does the Legal Assistance Department accept and provide consultations on legal issues?

Civil law, family law, labor law, housing law, social security law, administrative law, civil procedural law, administrative procedural law.

In what form is free legal assistance provided?

Free legal assistance is provided in oral and written form (drafting of applications, lawsuits, appeals, motions and other legal documents).

Can students and young lawyers who provide free legal assistance to citizens represent those persons in court and other bodies?

No, students and young lawyers who provide free legal assistance to citizens cannot represent those individuals in court and other bodies.

During what period is free legal assistance provided to citizens?

Free legal assistance to citizens is provided within the period stipulated in the Law of the Republic of Azerbaijan "On Citizens' Appeals".

Can free legal aid be refused in the Legal Aid Department?

Yes, if there are grounds for refusing to provide free legal aid, assistance is denied.

Hansı hallarda Hüquqi təminat bölməsində pulsuz hüquqi yardım göstərilməsindən imtina edilir?

Müraciət edən şəxs aztaminatlı şəxslərə aid deyildirsə, müraciət olunan məsələ cinayət mühakimə icraatı ilə bağlıdırsa, müraciət olunan məsələ hüquqi məsələ deyilsə, bölmədə əks tərəfin müraciətinə baxılırsa, müraciət edənin hüquqa zidd məqsədi varsa, müraciət edən şəxs aqressiv və qeyri-etik davranış nümayiş etdirirsə, müraciət edən şəxs sərxoş haldadırsa, müraciət edən şəxs pulsuz hüquqi yardımdan sui-istifadə etdikdə və dəfələrlə eyni predmet üzrə müraciət etdikdə pulsuz hüquqi yardımdan imtina edilir.

Who can be a forensic expert?

A citizen of the Republic of Azerbaijan with higher education and special knowledge in a certain expertise.

Which categories of persons cannot be forensic experts?

Dual citizenship, persons with obligations to other states, religious figures, persons who have been deemed incapacitated or have limited capacity by a legally effective court decision, convicted of a crime, persons against whom a legally effective court decision has been issued to deprive them of the right to engage in expert activities or to impose compulsory medical measures, as well as persons against whom the criminal case has been terminated without excusing grounds.

What requirements are stipulated in the legislation for persons wishing to work as private forensic experts?

A person wishing to work as a private forensic expert must submit documents confirming that he/she meets one of the following requirements:

- has worked for at least 10 years in the specialty in which he/she wishes to work as an expert;

- has a PhD or a Doctor of Science degree in the specialty in which he/she wishes to work as an expert;

- has internationally recognized documents (diploma, certificate, etc.) confirming that he/she has special knowledge.

In what cases can a person work as a forensic expert?

A person may only act as a forensic expert after receiving a certificate and having their information entered into the Register.

How will the Registry of Forensic Experts operate and what information will it contain?

The Register of Forensic Experts will be open, posted on the official website of the Ministry, and the information will be constantly updated. The Ministry of Justice of the Republic of Azerbaijan will include information on experts of forensic examination departments and private forensic experts in the Register.

Who is prohibited from engaging in forensic examination activities?

Persons not included in the register are prohibited from engaging in forensic examination activities and are subject to liability as established by law.

What is an expert opinion? What is the difference between an expert opinion and a specialist certificate?

An expert opinion is a reasoned final conclusion given to the questions posed to the expert by the body or person that has appointed (ordered) the forensic examination.

An expert is a person who has knowledge in various non-legal fields and is not interested in the case and is invited by the investigator, investigator, prosecutor or court to assist in conducting the investigation and other procedural actions. An expert differs from an expert in terms of his procedural status. An expert, using his special knowledge, provides an expert opinion, which is one of the types of evidence by law, as a result of expert research conducted by him. An expert, on the other hand, provides written and oral advice to the body conducting the criminal proceedings by participating in the conduct of the investigation (trial) and other procedural actions in the proceedings on the case materials.

How are the terms for conducting examinations regulated by legislation?

- the decision of the investigator, investigator, prosecutor and judge in accordance with the Criminal Procedure Code of the Republic of Azerbaijan no later than 1 (one) month;

- the court decision in accordance with the Civil Procedure Code of the Republic of Azerbaijan no later than 1 (one) month;

- in relation to the cases provided for in Article 172.2 of the same Code no later than 10 days;

- up to 3 days in relation to the cases provided for in Article 172.3, the decision of the judge, authorized body (official) in accordance with the Code of Administrative Offenses of the Republic of Azerbaijan no later than 10 days;

- the decision of the administrative body in accordance with the Law of the Republic of Azerbaijan “On Administrative Proceedings”, unless another period is provided for in the legislation, no later than 30 days;

- the relevant provisions of the Civil Procedure Code of the Republic of Azerbaijan shall apply to the regulation of issues related to forensic examination in administrative court proceedings;

- within the period specified in the contract concluded with the person when the examination is ordered.

What are the objects of expert research?

Material evidence, documents, samples for comparative research, objects, living people and their mental state, animals, corpses and their parts, as well as working materials necessary for conducting a forensic examination.

Can the object of research be damaged in an expert research?

Research objects may be damaged or used only to the extent necessary for conducting the research and providing an opinion, subject to the appropriate consent of the body or person that ordered the expertise.

How is the procedure for calculating the period for conducting an expert examination?

The period is calculated from the date the material is received by the Center and ends on the day the opinion is signed. If the last day of the examination period falls on a holiday, voting day, non-working day, or national mourning day, the next working day is considered the day the period ends.

In what cases is an expert petition submitted and within what period should it be considered?

If it is necessary to submit additional research materials, a petition is sent to the body or person that appointed the expertise no later than 5 days from the date of receipt of the decision (resolution) on the appointment of an expertise by the forensic expertise department. In accordance with the procedural legislation of the Republic of Azerbaijan, the body or person that appointed the expertise shall consider the expert's petition within 3 days, and if obtaining additional research materials requires a certain time, the relevant periods provided for in the legislation shall be extended by informing the head of the forensic expertise department.

What are the procedural grounds for evaluating an expert opinion?

According to the requirements of procedural legislation, the expert's opinion is not binding on the investigative authorities or the court, but must be verified by the body conducting the criminal proceedings, like any other evidence, and must be evaluated in relation to all the circumstances of the case.

What should the parties do if they are dissatisfied with the expert's opinion or disagree with it?

If during the investigation or trial, the parties or persons participating in the case disagree with the expert opinion, they may file a petition with the relevant authorities to conduct a re-examination.

How is the procedure for conducting an expert examination at the initiative of the persons participating in the case determined?

Persons involved in the case have the right to formally apply to the forensic examination office or a private forensic expert to order an examination on their own initiative to determine circumstances that may serve their interests.

In what cases can the participants in the proceedings participate in the conduct of a judicial expert examination?

Only participants in the process whose rights are provided for by the procedural legislation of the Republic of Azerbaijan may participate in the conduct of a forensic examination with the permission of the body or person that appointed the forensic examination.

How many times can an expert file a motion for a decision?

After the expert has submitted a motion, he or she may submit another motion if the need arises during the course of the investigation.

In what areas are expertises conducted at the Forensic Expertise Center?

The Center conducts examinations in the following areas:

- forensic examinations assigned in cases of investigation, preliminary investigation body or court (judge) proceedings, including preliminary verification of the sufficiency of grounds for initiating a criminal case;

- examinations upon application of a notary or bodies and officials authorized to perform notarial acts.

In what cases is an additional expertise assigned?

If the opinion of the initial forensic examination is not sufficiently clear, if the expert does not fully resolve the questions posed, or if additional questions arise regarding the objects examined, an additional forensic examination is ordered to eliminate the gaps in the examination or opinion and its conduct is entrusted to that expert or another expert.

In what cases is a repeated expertise assigned?

If the expert's opinion is not sufficiently substantiated or raises doubts, or if the evidence on which it is based is considered unreliable (unreliable), or if the procedural rules for conducting the examination have been violated, a re-examination shall be conducted. The re-examination shall be assigned to another expert or experts.

Experts who conducted the previous examination may participate in the re-examination and provide explanations, but they shall not participate in the investigation and in the preparation of the opinion.

The decision to conduct a re-examination shall indicate the reasons for disagreement with the results of the previous examinations.

In what cases can an expert refuse to conduct a forensic expertise?

An expert may refuse to conduct a forensic examination in the following cases:

- if the procedural order for ordering a forensic examination is violated and makes it difficult or impossible to conduct this examination;

- if the questions asked go beyond the necessary knowledge of the expert;

- if the objects of research and materials on the case are unsuitable or insufficient for issuing an opinion and the expert's request for their completion is not satisfied;

- if the conditions, methods and equipment necessary for conducting the research and issuing an opinion are not available;

- if there is a real threat to the life and health of the expert.

How can citizens apply to the Forensic Expertise Center?

Citizens can apply to the Forensic Expertise Center through the "Hotline" or "Online Application" sections posted on the official website.

What is the basis for conducting a forensic examination?

The decision of the person conducting the investigation, investigator, prosecutor, judge or court ruling, as well as the application of the defense party in cases where criminal prosecution is carried out by way of special prosecution, shall be considered the basis for conducting a forensic examination.

Which examinations can only be conducted by forensic examination departments?

Forensic medicine (forensic psychiatry), forensic ballistics, forensic explosives-technical, forensic examinations of banknotes and securities, narcotics, psychotropic substances and their precursors, potent and toxic substances, and pharmaceuticals.

How is it determined that a forensic examination is of a commission nature?

The commission nature of a forensic examination is determined by the body or person that appointed (ordered) it, or by the head of the forensic examination department.

In what cases is a complex forensic examination appointed?

A complex forensic examination is ordered when the clarification of circumstances important to the case can be achieved by conducting only a few studies based on a system of different methods in different fields of knowledge or science, or within one field of knowledge.

How can forensic examination activities be organized?

The activities of forensic experts can be organized separately in forensic examination departments of the relevant executive authority, scientific institutions and organizations, higher education institutions, testing laboratories accredited in accordance with the Law of the Republic of Azerbaijan "On Accreditation in the Field of Conformity Assessment", private legal entities, as well as by a private forensic expert.

What actions are prohibited for an expert to perform?

An expert is prohibited from:

- receiving an order for experts of a forensic examination department to conduct a forensic examination from any person or body other than the head of that department;

- carrying out forensic examination activities as an employee of another department, as well as as a private expert;

- establishing personal relations with participants in the process who give reason to assume that they are interested in the course of the case related to the conduct of a forensic examination;

- independently collecting materials for conducting a forensic examination;

- disseminating information from the investigation and preliminary investigation without the permission of the person conducting the investigation, investigator or prosecutor;

- disseminating information constituting a state, service, professional and commercial secret and protected by law, as well as information known to him in connection with the conduct of a forensic examination and the disclosure of which may lead to a violation of the rights and freedoms of man and citizen;

- destroying the object of investigation or significantly changing its properties without the consent of the body or person that appointed (ordered) the forensic examination.

What is the legal penalty for an expert giving a knowingly false opinion?

An expert may be convicted under Article 297 of the Criminal Code for knowingly giving a false opinion.

In what cases can an expert be questioned?

If the expert's opinion is not clear enough or if there are gaps in the opinion that do not require additional research, as well as if there is a need to clarify the terms used in the opinion and the methods applied, the person conducting the investigation, investigator or court (judge) may question the expert in accordance with the legislation.

What are the areas of activity of the Forensic Expertise Center?

The Center's areas of activity are as follows:

-conducts forensic examinations and research;

-conducts scientific research, develops and improves new methods and methodologies of expert research;

-provides scientific and methodological assistance to judicial and law enforcement agencies;

-implements expert prevention;

-operates in other areas specified by law.

Who carries out the examination and treatment of prisoners and detainees held in penitentiary institutions?

Examinations and treatment of prisoners and accused persons held in penitentiary institutions are carried out by the Main Medical Department of the Ministry of Justice.

At what intervals are the examination and treatment of prisoners and detainees held in penitentiary institutions organized?

Examinations and treatments of prisoners and accused persons held in penitentiary institutions are regularly carried out by examination teams consisting of medical specialists with various qualifications.

Where is medical service provided to prisoners and detainees held in penitentiary institutions?

Medical care for prisoners and arrested persons held in penitentiary institutions is provided in the Medical and Sanitary Departments of Penitentiary Institutions, in the Treatment Institution, in Specialized Treatment Institutions, and in civilian medical institutions.

Where should citizens who want to work in the Main Medical Department of the Ministry of Justice apply?

Citizens who wish to work at the Medical Directorate of the Ministry of Justice can apply to hr.medical@justice.gov.az  or call +994 12493 3146.

Who does the polyclinic of the Main Medical Department of the Ministry of Justice serve?

The polyclinic of the Main Medical Department of the Ministry of Justice provides medical services to employees of judicial bodies and their family members, military personnel serving in the Ministry's Penitentiary Service, and judicial pensioners.

What normative legal act approved the structure of the Ministry of Justice of the Republic of Azerbaijan and its Regulations?

The structure of the Ministry of Justice was approved by the Decree No. 446 of the President of the Republic of Azerbaijan “On the Development of Judicial Bodies” dated August 17, 2006, and the composition of the Board of the Ministry and the list of senior special-ranking positions in the judicial bodies of the Republic of Azerbaijan were also determined. In addition, the Decree No. 391 of the President of the Republic of Azerbaijan dated April 18, 2006, approved the “Regulations on the Ministry of Justice of the Republic of Azerbaijan”.

How can I complain to the Ministry if I encounter negative situations related to the activities of judicial bodies?

It is possible to contact the Ministry by clicking on the "Contact" section on its official website, as well as by sending an e-mail to contact@justice.gov.az and by calling the "881" Call Center. Citizens can also sign up for admissions in the Ministry's areas of activity in accordance with the admission rules and admission schedule.

Where can I get information about regional justice departments?

It is possible to obtain information on the official website of the Ministry by switching from the "Ministry" section to the "Structure" section, as well as by switching from the "Service Points" section to the "Regional Justice Departments" section.

What are the directions of activity of regional justice departments?

According to Part 2 of the Regulation “On Regional Justice Departments of the Ministry of Justice of the Republic of Azerbaijan”, approved by the decision No. 4-N of the Collegium of the Ministry of Justice of the Republic of Azerbaijan dated April 19, 2022, the directions of activity of the regional department are as follows:

- coordinates the work of registration departments, their divisions, departments and departments of the executive service, departments and departments of the probation service, regional divisions of the Forensic Expertise Center and notary offices in the relevant territorial units and controls their activities;

- studies the activities of penitentiary institutions in the field of execution of sentences, carries out control functions;

- takes measures to assist in organizing the activities of municipalities and provide them with methodological assistance and exercises administrative control over their activities;

- conducts preliminary investigations into crimes within the competence of the Ministry;

- participates in the provision of mutual legal assistance in civil, family and criminal cases;

- participates in solving information technology issues of local justice institutions and coordinates work in this area with the Department of Digitalization and Innovation in the Field of Justice of the Ministry;

- participates in the implementation of the communication strategy.

Does the Main Department of Strategic Planning and Monitoring consider complaints related to the activities of courts (judges) and the decisions they make?

No, under the current legislation, the Ministry of Justice does not have the relevant powers in this regard. Complaints regarding judicial activities and judges can be filed with the Judicial and Legal Council, and decisions can be filed with higher instance courts (relevant courts of appeal and the Supreme Court) in accordance with the procedure established by law.