Azərbaycan Respublikası Ədliyyə Nazirliyi

The Ministry of Justice acts as the Central Authority for 19 Conventions adopted within the framework of the UN, the Council of Europe, the CIS and the Hague Conference on Private International Law. These Conventions regulate legal assistance in civil, family and criminal matters, maintenance obligations, service of judicial and extrajudicial documents, recognition and enforcement of foreign court judgements and arbitral awards, apostille procedures, extradition (surrender), transfer of sentenced persons, transnational organized crime, cybercrime and other matters.

On behalf of our country, the Ministry of Justice has concluded more than 40 bilateral agreements with Türkiye, Russia, Bulgaria, Ukraine, Georgia, Kazakhstan, Uzbekistan, Kyrgyzstan, Iran, the United Arab Emirates (UAE), Jordan, Lithuania, China, Moldova, Pakistan, Morocco, India and Algeria on legal assistance in civil, family, commercial and criminal matters, extradition (surrender) and transfer of sentenced persons to serve the remaining part of their sentences.

In order to deepen legal cooperation with foreign countries, develop mutual activities and friendly relations between justice bodies and lawyers, the Ministry of Justice of the Republic of Azerbaijan has signed cooperation documents with justice bodies of Western Europe (Netherlands, Germany, Austria, Italy, France), Eastern Europe (Hungary, Romania, Slovakia, Bulgaria, Croatia, Lithuania, Latvia, Türkiye, Serbia, Estonia), CIS (Russia, Ukraine, Belarus, Moldova, Georgia, Kyrgyzstan, Kazakhstan, Uzbekistan, Tajikistan), Asia (China, Vietnam, Iran, India, Pakistan), Africa (Morocco, Algeria, Egypt) and the Middle East (UAE, Qatar, Jordan) (a total of 35 countries).

The listed activities are carried out by the Department General for International Cooperation.

Frequently Asked Questions

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How is the transfer of sentenced persons to their countries of citizenship for the purpose of serving the remaining part of their sentences carried out?

The procedure for the transfer of a sentenced person begins upon receipt of an application by the Ministry of Justice, the competent authority under the applicable international treaties in this field.

Where an application is submitted for the transfer of a sentenced person who is a citizen of the Republic of Azerbaijan and is serving a sentence in a foreign country, the matter is considered in accordance with the Procedures for the Acceptance of Persons Sentenced to Imprisonment to the Republic of Azerbaijan to Serve the Remaining Part of Their Sentences, approved by Decision No. 3-N of the Collegium of the Ministry of Justice of 15 February 2017. In this case, the application (petition) is drawn up in written form and reflects information about the sentenced person’s name, surname, patronymic, place and date of birth, the exact address of the place where he/she is serving his sentence, and the degree of kinship if the applicant is a close relative of the sentenced person.

The following documents are attached to the application:

-          A copy of the final and binding judgment rendered in respect of the sentenced person.

-      A copy of the passport or identity card of the sentenced person who is a citizen of the Republic of Azerbaijan; in relation to stateless persons permanently residing in the Republic of Azerbaijan, a copy of the identity card issued to a stateless person for use within the borders of the Republic of Azerbaijan or for travel outside the borders of the Republic of Azerbaijan or a copy of the permanent residence permit in the territory of the Republic of Azerbaijan. (if these documents are not available, a relevant document containing such information);

-          If the application is submitted by a lawyer, a document confirming his/her identity and the right to practice law in the territory of the Republic of Azerbaijan, as well as a warrant from the lawyer's organization;

-          If the application is submitted by a legal representative, documents confirming his/her identity and authority to act as the legal representative.

In accordance with the rules, the citizen's application and the documents attached to it should be addressed to the Penitentiary Service of the Ministry of Justice, as well as the reception of citizens for those cases is carried out by the Service. Proceedings relating to the transfer of sentenced persons serving sentences in the Republic of Azerbaijan to the States of which they are citizens are conducted exclusively by the Department General for 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 sentenced person to apply to the Department General for  International Cooperation with an application and it is not required to attach any documents to the application.

When is the apostille or legalization of documents not required?

Where a treaty framework for legal assistance exists between a foreign State and the Republic of Azerbaijan, and the documents are submitted through the official authorities of that foreign State, the apostille or legalization of the relevant documents is not required. Where documents are submitted personally by citizens (their legal representatives, representatives, or attorneys), such documents must be apostilled or legalized.

Where should an application be submitted for the recognition of foreign court judgments in the Republic of Azerbaijan?

Documents for the recognition of foreign court judgments shall be submitted by citizens to the Ministry of Justice. After the Ministry of Justice verifies that the documents have been prepared in accordance with the requirements of the legislation and applicable international treaties, it shall forward the documents to the Supreme Court of the Republic of Azerbaijan, the competent authority for the recognition and enforcement of foreign court judgments in the Republic of Azerbaijan, for consideration as appropriate.

What needs to be done for the enforcement of domestic court judgments abroad?

Where a treaty framework exists with the relevant State in the field of recognition and enforcement of court judgments, domestic court judgments may be referred for compulsory enforcement after being recognized by the competent court of the foreign State. In this regard, the interested party may apply to the court that rendered the judgment for the collection and proper preparation of the necessary court documents. In the absence of a treaty framework with the relevant State, the interested party may apply to the competent court of that State for the recognition and enforcement of a domestic court judgment, either in person or through a representative or lawyer.

What needs to be done to determine the whereabouts of a debtor abroad under a court judgment?

Where a treaty on legal assistance exists with the Requested State, the whereabouts and sources of income of the defendant (debtor) in the foreign State may be determined upon the request of the enforcement officer on legal assistance in connection with the enforcement of an enforcement document.

In accordance with the requirements of the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance, the Ministry of Justice (as the Central Authority) may submit a “request for specific measures” for the purpose of determining the exact whereabouts of the debtor, as well as any assets and income of the debtor, in the States Parties to that Convention.