LAW OF THE AZERBAIJAN REPUBLIC

of July 9, 2021 No. 363-VIQD

About modification of the Code of civil procedure of the Azerbaijan Republic

Millie Majlis of the Azerbaijan Republic, being guided by Item 6 of part I of article 94 of the Constitution of the Azerbaijan Republic, decides:

Article 1.

Make the following changes to the Code of civil procedure of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2000, No. 1, Article 17, No. 5, Article 323; 2002, No. 5, Article 236; 2003, No. 1, Articles 23, 24, No. 6, Article 279; 2004, No. 7, Article 505, No. 8, Article 598, No. 10, Article 761; 2005, No. 4, Articles 277, 278; 2006, No. 2, Article 64, No. 12, Article 1006; 2007, No. 1, Articles 3, 4, No. 2, Article 68, No. 5, Article 439, No. 6, Article 560, No. 7, Article 712, No. 8, Article 756; 2008, No. 6, Article 462, No. 7, Article 602, No. 12, Article 1046; 2009, No. 6, Article 402; 2010, No. 2, Article 75, No. 4, Article 276; 2011, No. 6, Articles 471, 476, No. 7, Articles 583, 619, No. 12, Articles 1096, 1105; 2012, No. 5, Article 411, No. 6, Article 511; 2013, No. 5, Article 472, No. 6, Article 625, No. 11, Articles 1266, 1307; 2015, No. 6, Article 677, No. 12, Article 1435; 2016, No. 5, Article 836, No. 6, Article 1016, No. 11, Articles 1761, 1763, No. 12, Article 2047; 2017, No. 2, Article 155, No. 4, Article 523, No. 5, Articles 706, 750, No. 11, Articles 1935, 1975; 2018, No. 5, Article 879, No. 8, Article 1672, No. 11, Articles 2209, 2225, No. 12 (book I), Article 2524, 2534; 2019, No. 1, Article 23, No. 5, Articles 792, 812, No. 7, Article 1197, No. 12, Articles 1897, 1907; 2020, No. 7, Article 832, No. 11, Article 1333; 2021, No. 4, Art. 309):

1.1. In the third offer of Article 9.3 to exclude the words "without invitation of the parties";

1.2. Under Article 10:

1.2.1. Add Article 10.8-1 of the following content:

"10.8-1. In the cases provided by Articles 159, of 269, of 280, 284-5, 394-1, 397.2, 403-1.6, 414.1, 422, of the 431-3 and 437 of this Code, cases are considered according to the procedure of written productions, that is without judicial session and challenge of the parties for hearing of their explanations. In the cases provided by Articles 394-1, 397.2 and 414.1 of this Code, case can be considered in judicial session by determination of court.";

1.2.2. Exclude from Article 10.10 of the word "and personal cable";

1.3. Under Article 10-1:

1.3.1. In Article 10-1.3 after the words "legal proceedings" to add the word "and also civil production in courts in which the information system "Electronic Court" is applied;

1.3.2. Repeal Article 10-1.4;

1.3.3. In Article 10-1.5 of the word "and in Articles 10-1.4" to replace with the word "in Article";

1.3.4. add Article 10-1.9 of the following content:

"10-1.9. In case of legal proceedings in courts where the information system "Electronic Court" placement of names of persons participating in case, their postal addresses is applied, the used e-mail addresses, numbers of mobile phones in the information system "Electronic Court" it is provided with court, considering case.";

1.4. Add Article 10-2 of the following content:

"Article 10-2. Carrying out judicial sessions with use of communication system video conference

10-2.1. The court has the right to conduct production on the following cases with use of communication system video conference without direct participation in judicial session of person participating in case, his representative (legal representative), the lawyer, the witness, the expert, the specialist, the translator:

10-2.1.1. if persons participating in case their representatives (legal representatives), the lawyer, the witness, the expert, the specialist, the translator are abroad or in other city (region) within the country, and on reasonable excuse have no opportunity to be present personally at judicial session;

10-2.1.2. if any of the parties cannot personally be in judicial session for the reasons provided by Articles 255.0.1-255.0.3 of this Code, and proceeedings do not stop;

10-2.1.3. if persons participating in case their legal representatives and witnesses cannot personally be on judicial session in connection with detention in prison or arrest;

10-2.1.4. if persons participating in case their representatives (legal representatives), the lawyer, the witness, the expert, the specialist, the translator have no opportunity to be directly involved in the corresponding production as a result of natural disasters, epidemics, emergency situations, warlike situation or force majeur circumstances;

10-2.1.5. in other cases in order to avoid unnecessary delay in legal proceedings.

10-2.2. For conducting legal proceedings with use of communication system video conference court takes out the corresponding determination on own initiative or based on motivated request of the parties.

10-2.3. When carrying out legal proceedings with use of communication system video conference, the used technical means shall provide quality of sound and the image and their transfer in real time to court room, transparency of trial and respect for other basic principles and conditions, and also information security.

10-2.4. The video of the judicial sessions and legal proceedings which are carried out with use of communication system video conference is made, the protocol on video is constituted and the video is filed on the electronic medium.";

1.5. Under Article 13:

1.5.1. exclude from the name the word "is normative";

1.5.2. In Article 13.1 after the word of "power" to add the word "international treaties which participant is the Azerbaijan Republic", and shall be replaced with words the words "and also international treaties which participant is the Azerbaijan Republic" "and acts of normative nature";

1.6. Under Article 19:

1.6.1. exclude from the name of the word "the bases for" and "and removal of the judge", to replace in the name the word "non-admissions" with the word "Non-admission";

1.6.2. In Article 19.1.3 after the word of "case" to add the word "in essence", and to replace point at the end of Article with semicolon;

1.6.3. Add Article 19.1.4 - 19.1.7 following contents:

"19.1.4. earlier was the representative or the attorney of one of the parties or participated in case in quality of the witness, the expert, the specialist, the translator, court session secretary;

19.1.5. earlier participated as the intermediary in the course of mediation between the parties of dispute in court;

19.1.6. if it is one of the parties, either is relative, or was relative of one of the parties or his representative or the lawyer;

19.1.7. if there are good causes to doubt his personal, direct or indirect interest in case, its objectivity and impartiality.";

1.6.4. Repeal Article 19.2;

1.7. Under Article 23:

1.7.1. In Article 23.2 to "all structure" shall be replaced with words the word "separately to all judges";

1.7.2. add Article 23.5 of the following content:

"23.5. If the separate appeal is submitted to all members of the court of appellate instance, then the case is submitted by court of cassation instance to other Appeal Court.";

1.8. Add Article 24.3 of the following content:

"24.3. The court considers questions of cognizance of dispute in case of reception of an application in court.";

1.9. In Article 28 to "courts" shall be replaced with words the word to "courts of the Azerbaijan Republic by the corresponding rules of cognizance established by this Code";

1.10. In the third offer of Article 32.7 of the word "the case is submitted from one court to another by court of cassation instance" shall be replaced with words "on the motivated judgment, accepted it to consideration the case it is submitted to cassation instance which resolves cognizance issue";

1.11. In Article 35.3 before the word of "cognizance" to add the word of "territorial";

1.12. Repeal Article 36.8;

1.13. In Article 39.1 of the word "structure, construction, parcel of land" shall be replaced with words "real estate", and words "structures, constructions, the parcel of land" shall be replaced with words "real estate", in both cases, to replace the word of "entrepreneur" with the word of "owner".

1.14. Under Article 40:

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