Criteria and limits for calculating the additional enforcement fee of a special enforcement officer
1. This Document was prepared in accordance with Article 25.8 of the Law of the Republic of Azerbaijan “On Special Enforcement Officers” (hereinafter referred to as the Law) and determines the criteria and limits for calculating the additional enforcement fee of special enforcement officers.
2. In accordance with Article 25.1 of the Law, the additional enforcement fee is voluntary and is paid only in the event of full or partial enforcement, based on the mutual agreement of the claimant and the special enforcement officer.
3. In accordance with Article 25.9 of the Law, the terms of payment of the additional enforcement fee of a special enforcement officer are determined by written agreement between the special enforcement officer and the claimant before the commencement of enforcement.
4. Additional enforcement fee for enforcement documents on monetary claims may be determined by a special enforcement officer up to 15 percent of the amount secured for payment.
5. Additional enforcement fee for enforcement documents on alimony and other periodic payments may be determined as follows:
5.1. if the claim is regularly enforced, up to 2 percent of the amount of monthly alimony or other periodic payment for each month - once a year;
5.2. if the claim is paid irregularly and a debt has arisen, up to 5 percent of the amount of the debt paid.
6. Additional enforcement fee for enforcement documents on property claims may be determined up to 10,000 manats.
7. Additional enforcement fee for enforcement documents that do not have monetary claims may be determined as follows:
7.1. for cases on the application of temporary security measures - up to 2,000 manats;
7.2. for cases on claims for recognition of rights, division of shares and termination of rights – up to 400 manats;
7.3. for cases on claims for demolition, restoration of a building, opening of a road and removal of obstacles – up to 4,000 manats;
7.4. for cases on protection of honor and dignity, business reputation – up to 800 manats;
7.5. execution of various settlement agreements (without monetary claims) – up to 2,000 manats;
7.6. for cases on claims for performance of an obligation, release from an obligation and cancellation of a debt – up to 4,000 manats;
7.7. for cases on claims for reinstatement (without claims for payment of wages for forced absence from work) – up to 1,000 manats;
7.8. for cases on claims for annulment, invalidation of legal documents – up to 400 manats;
7.9. for land disputes not related to eviction or resettlement, as well as not covered by paragraph 7.3 of this Document – up to 2,000 manats;
7.10. for cases related to other categories of claims – up to 2,000 manats.