Criteria and limits for calculating the standard fee of a special enforcement officer

Criteria and limits for calculating the standard fee of a special enforcement officer

1. This Document has been prepared in accordance with Article 25.2 of the Law of the Republic of Azerbaijan “On Special Enforcement Officers” and determines the criteria and limits for calculating the standard fee of special enforcement officers.
2. In accordance with Article 25.1 of the Law of the Republic of Azerbaijan “On Special Enforcement Officers”, the standard fee is provided to cover the costs associated with the implementation of enforcement actions, the labor of the special enforcement officer and his employees.
3. The standard fee consists of a fixed part calculated in accordance with the procedure established by Parts 4-10 of this Document and the costs associated with the implementation of enforcement actions.
4. The fixed part of the standard fee for enforcement documents on monetary claims is calculated from the amount of the claim as follows:
4.1. if the amount of the claim is up to 30 manats, in an amount equal to the claim;
4.2. if the amount of the claim is 30 – 100 manats, in the amount of 30 manats;
4.3. if the amount of the claim is 101 – 500 manats, 30 manats + 17 percent of the part over 100 manats;
4.4. if the amount of the claim is 501 – 1,000 manats, 98 manats + 15 percent of the part over 500 manats;
4.5. if the amount of the claim is 1,001 – 5,000 manats, 173 manats + 13 percent of the part over 1,000 manats;
4.6. if the amount of the claim is 5,001 – 10,000 manats, 693 manats + 11 percent of the part over 5,000 manats;
4.7. if the amount of the claim is 10,001 – 50,000 manat, 1,243 manat + 9 percent of the part over 10,000 manat;
4.8. if the amount of the claim is 50,001 – 100,000 manat, 4,843 manat + 7 percent 
of the part over 50,000 manat;
4.9. if the amount of the claim is 100,001 – 500,000 manat, 8,343 manat + 5 percent of the part over 100,000 manat;
4.10. if the amount of the claim is 500,001 – 1,000,000 manat, 28,343 manat + 3 percent of the part over 500,000 manat;
4.11. if the amount of the claim exceeds 1,000,000 manat, in the amount of 43,343 manat + 1 percent of the part exceeding 1,000,000 manat, but not more than 50,000 manat.
5. If the amount of money payable under the enforcement document is partially paid by the debtor within the time specified for voluntary enforcement, the fixed part of the standard fee is calculated proportionally to the remaining part of the debt, taking the amount of the claim as the basis.
6. If the enforcement document on the monetary claim is partially executed, the fixed part of the standard fee is charged proportionally to the paid part, taking the amount of the claim as the basis.
7. The fixed part of the standard fee for enforcement documents on periodic payments is calculated as follows:
7.1. in cases related to alimony claims, in the amount of half of the standard fee determined by Part 4, calculated from the amount of the debt paid;
7.2. in other cases on periodic payments, in the amount of the standard fee determined by Part 4, calculated from the amount of the paid debt, if the claim is not executed regularly and a debt arises.
8. The fixed part of the standard fee for enforcement documents on property claims (except for land disputes) is determined in the amount of 200 manats for individuals and 500 manats for legal entities.
9. The fixed part of the standard fee for enforcement documents that do not require money is determined as follows:
9.1. in cases on the application or cancellation of temporary security measures, if the debtor obstructs the execution by his own action or inaction - 150 manats for individuals, 450 manats for legal entities;
9.2. in cases on claims for recognition of rights, distribution of shares, termination of rights - 150 manats for individuals, 450 manats for legal entities;
9.3. for works related to the demolition, restoration of a building, opening a road, removal of obstacles - 600 manats for individuals, 900 manats for legal entities;
9.4. on cases related to the protection of honor and dignity, business reputation – 250 manats for individuals, 750 manats for legal entities;
9.5. on the execution of various settlement agreements without monetary claims – 250 manats for individuals, 750 manats for legal entities;
9.6. on cases related to the performance of obligations, release from obligations, debt cancellation claims – 150 manats for individuals, 450 manats for legal entities;
9.7. on cases related to the claim for reinstatement to work (without the claim for payment of wages for forced absence from work) – 250 manats for individuals carrying out entrepreneurial activities without creating a legal entity, 750 manats for legal entities;
9.8. for land disputes not related to eviction or relocation, as well as not covered by clause 9.3 of this Document - 250 manats for individuals, 750 manats for legal entities;
9.9. for cases related to other categories of claims - 100 manats for individuals, 300 manats for legal entities.
10. In cases where the claim arises from enforcement documents on the subject of mortgage, or the transfer of property to the claimant in exchange for a debt, the standard fee of 20 manats is paid for each full working hour spent by the special enforcement officer directly at the place where the enforcement actions are carried out in connection with the eviction from a residential or non-residential area (land area), as well as the practical implementation of other claims specified in parts 8 and 9 of this Document.
11. Expenses related to the implementation of enforcement actions are calculated from the actual (necessary) expenses related to the implementation of enforcement actions in accordance with regulated or market prices. These expenses include:
11.1. expenses related to searching for the debtor's property, going to its address, identifying the property and conducting an inspection of it;
11.2. expenses related to organizing the inventory, seizure, transportation and storage of the debtor's property;
11.3. expenses related to evaluating the debtor's property and organizing its sale;
11.4. payment of service fees to translators, specialists and other persons involved in carrying out enforcement actions;
11.5. bank and postal expenses related to the transfer (sending) of amounts withheld from the debtor;
11.6. expenses related to the preparation of enforcement documents on paper, copying, printing and sending them by mail;
11.7. expenses for banking services during foreign exchange transactions;
11.8. expenses incurred for other actions necessary to ensure enforcement.
12. Unnecessary and unjustified expenses cannot be included in the standard fee.