LAW OF THE AZERBAIJAN REPUBLIC

of July 9, 2021 No. 360-VIQD

About modification of the Labor code of the Azerbaijan Republic, the Code of civil procedure of the Azerbaijan Republic, the Family code of the Azerbaijan Republic, the Civil code of the Azerbaijan Republic, the Tax code of the Azerbaijan Republic, the Code of penal procedure of the Azerbaijan Republic, the Code of Administrative Offences of the Azerbaijan Republic, the Administrative Procedure Code of the Azerbaijan Republic, the laws of the Azerbaijan Republic "About social insurance", "About medical insurance", "About the state fee", "About Judicial and legal council" and "About administrative production"

Millie Majlis of the Azerbaijan Republic, being guided by Items 1, of 5, of 6, of 13, of 14, of 15, 16 and 17 parts I of article 94 of the Constitution of the Azerbaijan Republic, decides:

Article 1. Make the following changes to the Labor Code of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 1999, No. 4, Article 213; 2001, No. 3, Article 143, No. 6, Article 362, No. 11, Articles 672, 679, No. 12, Article 731; 2002, No. 1, Article 2, No. 5, Article 241, No. 6, Article 328; 2003, No. 1, Articles 9, 23; 2004, No. 1, Article 10, No. 2, Article 57, No. 3, Article 133, No. 6, Article 413, No. 7, Article 505, No. 9, Article 672, No. 12, Article 981; 2005, No. 3, Article 151, No. 4, Article 278, No. 7, Article 560, No. 10, Article 874, No. 11, Article 1001, No. 12, Article 1094; 2006, No. 3, Articles 220, 222, No. 5, Article 385, No. 11, Article 923, No. 12, Articles 1004, 1025, 1030; 2007, No. 5, Articles 401, 437, No. 6, Article 560, No. 8, Article 756, No. 11, Articles 1049, 1053; 2008, No. 3, Article 156, No. 7, Articles 600, 602, No. 10, Article 887, No. 11, Article 960; 2009, No. 2, Article 48, No. 5, Article 294, No. 6, Article 399, No. 12, Articles 949, 969; 2010, No. 2, Articles 70, 75, No. 4, Article 275; 2011, No. 1, Article 11, No. 2, Articles 70, 71, No. 6, Article 464, No. 7, Article 598; 2012, No. 11, Article 1054; 201 3, No. 2, Articles 89, 101, No. 11, Article 1268; 2014, No. 2, Article 92, No. 10, Article 1162, No. 11, Article 1339, No. 12, Article 1527; 2015, No. 2, Article 97, No. 3, Article 250, No. 6, Article 680; 2016, No. 2 (book I), Articles 190, 201, No. 5, Article 847, No. 11, Article 1767; 2017, No. 6, Articles 1031, 1048, No. 12 (book I), Article 2187, 2189; 2018, No. 1, Article 13, No. 6, article 1155, No. 7 (book I), Articles 1380, 1408, No. 12 (book I), Article 2532; 2019, No. 1, Article 35, No. 4, Article 570, No. 5, Articles 796, 804, No. 7, Article 1182, No. 8, Article 1380; 2020, No. 1, Article 1, No. 5, Article 522, No. 7, Article 832, No. 11, Articles 1322, 1332, 1335, No. 12 (book I), Article 1424; 2021, No. 1, Article 2; The Laws of the Azerbaijan Republic No. 286-VIQD of April 2, 2021, No. 298-VIQD and No. 301-VIQD of April 23, 2021):

1.1. Add Article 294 with part 5 of the following content:

"5. According to article 27 of the Law of the Azerbaijan Republic "About mediation" individual employment disputes can be resolved by means of mediation. Before appeal to the court on individual employment disputes participation in preliminary meeting of mediation according to the Law of the Azerbaijan Republic "About mediation" is necessary.";

1.2. "Note" to add Article 296 before part with part 7 of the following content:

"7. The question of suspension of prescriptive limit in connection with application of the procedure of mediation is determined by the Law of the Azerbaijan Republic "About mediation".".

Article 2. 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):

2.1. Add Article 4. 5, 4. 6, 14.3-1, 71.3-1, 149.2.4-1, 152.1.6-1, 167.1.5-1 and 256.0.6 following contents:

"4.5. If the parties have agreement, the contractual condition or any other document requiring participation in process of mediation before appeal to the court in connection with any dispute, dispute can be brought to trial after observance of this rule.

4.6. Before appeal to the court on commercial disputes, and also the disputes arising from family and employment relationships participation in preliminary meeting of mediation according to the Law of the Azerbaijan Republic "About mediation" is necessary.";

"14.3-1. At any stage of trial the court taking into account the facts of the case can on own initiative or at the request of one of the parties to suggest them to resolve dispute by means of mediation.";

"71.3-1. The mediator cannot represent any of the parties in judicial session on the dispute which is mediation subject.";

"149.2.4-1. Information on observance of this requirement if according to the Law of the Azerbaijan Republic "About mediation" the parties participate in process of mediation before appeal to the court.";

"152.1.6-1. In case of not submission of the document confirming observance of this requirement if according to the Law of the Azerbaijan Republic "About mediation" the parties participate in process of mediation before appeal to the court.";

"167.1.5-1. suggests the parties to resolve dispute by mediation.";

"256.0.6. in case, stipulated in Article 254.1.7 of this Code, before submission of the voluntary settlement or the protocol by results of mediation.";

2.2. At the end of Articles 19.2. 3, 104.4. 5, 150.0. 7, 254.1. 259.0.12 and 305.1.16 point to replace 6, with semicolon and to respectively add Article 19.2. 4, 104.4.6, 150.0. 8, 254.1.7, 259.0.13 and 305.1.17 of the following content:

"19.2.4. if he (she) participated as mediator in the course of mediation between the parties on the dispute considered in court earlier.";

"104.4.6. about the data which became known in the mediation course - the participants of mediation and other persons participating in mediation, except as specified, established by the Law of the Azerbaijan Republic "About mediation".";

"150.0.8. The document confirming observance of this requirement if according to the Law of the Azerbaijan Republic "About mediation" the parties participate in process of mediation before appeal to the court.";

"254.1.7. In case of agreement signature about the application of the procedure of mediation according to the procedure established by the Law of the Azerbaijan Republic "About mediation".";

"259.0.13. In cases, the stipulated in Article 21.9 Laws of the Azerbaijan Republic "About mediation".";

"305.1.17. about approval of the voluntary settlement signed as a result of mediation.";

2.3. Under Article 52:

2.3.1. In Article 52.3 after the word "case" to add the word "directly or through by means of mediation";

2.3.2. In Article 52.4 after the word "agreement" to add the word "or dispute settlement by means of mediation";

2.4. In Article 55.2 of the word "to the procedure for pre-judicial dispute settlement with the defendant in commercial court (claim) provided by the law or agreements for this category of disputes" shall be replaced with words "to the rules established in Articles. 4.3-4.6 of this Code";

2.5. In the first offer of Article 59.2 after the word "persons" to add the word "agree to dispute settlement by means of mediation or" and to replace the word of "right" with the word of "rights";

2.6. In Article 74.2 after the word "order" to add the word "consent to dispute settlement by means of mediation";

2.7. Under Article 191:

2.7.1. In Article 191.1 after the words "recognition" in both cases to add the word "the agreement of the parties on dispute settlement by means of mediation";

2.7.2. Add Article 191.2-1 of the following content:

"191.2-1. If the dispute between the parties is resolved by means of mediation, the voluntary settlement is brought into court and if the dispute is not resolved - the protocol on results of mediation. In case of approval of the voluntary settlement of the parties the court takes out determination about it and along with removal of this determination stops proceeedings. Conditions of the voluntary settlement approved by court shall be specified in determination.";

2.7.3. State Article 191.4 in the following edition:

"191.4. If the court does not accept refusal of the claimant of the claim, recognition of the claim by the defendant, does not approve the voluntary settlement of the parties or the dispute is not resolved by means of mediation, it takes out motivated determination and continues substantive prosecution.";

2.8. In Article 306.1 of the word "in Chapters 30-40-6" shall be replaced with words "in the third subsection of the second Section";

2.9. Add with Chapter 40-7 of the following content:

"Chapter 40-7. Production according to the voluntary settlement signed as a result of mediation process

Article 355-23. Filing of application

355-23.1. In case of involuntary execution of the voluntary settlement received as a result of mediation process, or refusal of voluntary execution of the voluntary settlement in time, specified in the Law of the Azerbaijan Republic "About mediation", the applicant can take a legal action about approval of the voluntary settlement for forced execution of the voluntary settlement (except case of approval of the voluntary settlement according to Article 191.2-1 of this Code).

355-23.2. The statement for approval of the voluntary settlement signed as a result of the procedure of mediation is filed a lawsuit at the place of residence of the applicant physical person, in the place of the address of the legal entity, in case of filing of application by state body (organization) at the place of residence of physical person, the address of the legal entity refusing execution of the voluntary settlement.

Article 355-24. Contents of the statement

In the statement for approval of the voluntary settlement signed as a result of mediation process the expiration, the Law of the Azerbaijan Republic established in Article 34.1 "About mediation" for voluntary execution of the voluntary settlement and the applicant's request shall be specified.

Article 355-25. Procedure for consideration of the application and decision making

355-25.1. The application for approval of the voluntary settlement is considered in 10-day time after its receipt in court.

355-25.2. The court informs persons interested in case on consideration of the application, but lack of these faces without reasonable excuse does not interfere with consideration of the case. If persons interested in case are not on reasonable excuses, the court postpones consideration of the case.

355-25.3. In case of consideration of the application the court determines availability of the cases listed in Article 355-26 of this Code and makes the decision on approval of the voluntary settlement or refusal in its approval.

355-25.4. The copy of the decision is transferred to the parties according to Article 227.3 of this Code.

Article 355-26. Refusal in approval of the voluntary settlement signed as a result of process of mediation or its part

355-26.1. The court refuses approval of the voluntary settlement or its part in the following cases:

355-26.1.1. if the voluntary settlement or its part contradict the law;

355-26.1.2. if the voluntary settlement is signed as a result of process of mediation on the disputes affecting the third party rights, not participating in mediation, or persons recognized by court incapacitated or having special disability.

355-26.2. Approval of part of the voluntary settlement is allowed only in those cases if there is opportunity to separate from part which approval it is refused from the approved part.".

Article 3. Make the following changes to the Family code of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2000, No. 3 (volume I), Article 126; 2002, No. 12, Article 702; 2004, No. 7, Article 505); 2006, No. 2, Article 66, No. 11, Article 923, No. 12, Articles 1005, 1006; 2007, No. 1, Article 4, No. 8, Article 745, No. 11, Article 1053, No. 12, Article 1218; 2008, No. 7, Article 602; 2010, No. 2, Article 70, No. 3, Article 171, No. 5, Article 380, No. 7, Article 578; 2011, No. 7, Articles 585, 620, No. 12, Article 1110; 2014, No. 12, Article 1515; 2019, No. 2, Article 185, No. 3, Article 372, No. 5, Article 800; No. 12, Article 1906; 2020, No. 7, article 832, No. 12 (book I), Article 1424; 2021, No. 4, Art. 308):

3.1. Add Article 7-1 of the following content:

"Article 7-1. The dispute resolution, arising from the family relations, by means of mediation

According to article 26 of the Law of the Azerbaijan Republic "About mediation" the disputes arising from the family relations can be permitted by means of mediation. Before appeal to the court on the disputes arising from the family relations participation in primary session of mediation according to the procedure established by the Law of the Azerbaijan Republic "About mediation" is required.";

3.2. Add Article 38.4-1 of the following content:

"38.4-1. The marriage agreement can include conditions about mediation.".

Article 4. Make the following changes to the Civil Code of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2000, No. 4 (the book I), Article 250, No. 5, Article 323; 2002, No. 12, Article 709; 2003, No. 8), Article 420; 2004, No. 3, Article 123, No. 5, Article 318, No. 6, Article 415, No. 10, Article 761, No. 11, Article 901; 2005, No. 2, Article 61, No. 6, Article 466, No. 8, Articles 684, 692, 693, No. 11, Article 996, No. 12, Article 1085; 2006, No. 2, Article 68, No. 3, Article 225, No. 5, Article 387, No. 6, Article 478, No. 8, Article 657, No. 12, Article 1005; 2007, No. 2, Article 80, No. 6, Article 560, No. 8, Article 745, No. 10, Article 937, No. 11, Article 1053, No. 12, Articles 1215, 1219; 2008, No. 3, Article 145, No. 6, Article 456, No. 7, Article 602, No. 12, Article 1049; 2009, No. 2, Article 47, No. 5, Article 295, No. 6, Article 404, No. 7, Article 517; 2010, No. 2, Article 75, No. 3, Article 171, No. 4, Articles 265, 266, 276; 2011, No. 2, Article 71, No. 7, Article 586, No. 8, Article 750, No. 12, Articles 1073, 1102; 2012, No. 1, Article 5, No. 5, Article 403, No. 6, Article 498; 2013, No. 1, Article 15, No. 6, Article 620, No. 11, Article 1280, No. 12, Articles 1469, 1478; 2014, No. 2, Article 96, No. 7, Article 768; 2015, No. 3, Article 254, No. 5, Article 512, No. 7, Article 814, No. 10, Article 1093; 2016, No. 1, article 26, No. 2 (book I), Articles 186, 204, No. 3, Article 401, No. 4, Articles 640, 646, No. 6, Article 1005, No. 7, Article 1248, No. 12, Articles 1998, 2018; 2017, No. 2, Articles 151, 153, No. 4, Article 524, No. 5, Articles 703, 735, No. 6, Article 1035, No. 11, article 1953, No. 12 (book I), Articles 2210, 2234, 2239; 2018, No. 2, Article 142, No. 4, Article 650, No. 5, Articles 845, 851, No. 11, article 2212, No. 12 (book I), Articles 2467, 2518, 2526, 2533; 2019, No. 1, Articles 23, 50, No. 5, Articles 806, 812, 814, No. 6, Articles 994, 996, No. 7, Articles 1202, No. 8, Articles 1369, No. 11, Articles 1681, No. 12, Article 1908; 2020, No. 5, Article 515, No. 7, Articles 822, 832, 839, 843, No. 12 (book I), Article 1423, 1435; 2021, No. 1, Article 8; 2021, No. 4, Art. 307):

4.1. At the end of Article 379.1.5 to replace point with semicolon and to add Article 379.1.6 of the following content:

"379.1.6. in case of application of the procedure of mediation for dispute between the parties.";

4.2. Add Article 379.4-1 of the following content:

"379.4-1. The term of limitation period suspended in connection with application of the procedure of mediation proceeds from the date established by the Law of the Azerbaijan Republic "About mediation".".

Article 5. In the Tax code of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2000, No. 8 (book I), Article 583; 2001, No. 7, Article 454, No. 9, Article 576, No. 12, Article 734; 2002, No. 5, Article. 249, No. 12, Article 707; 2003, No. 8, article 425, No. 12 (book I), Article 671; 2004, No. 1, Article 1, No. 11, Article 887, No. 12, Article 980; 2005, No. 2, Article 61, No. 8, Article 688, No. 12, Article 1081; 2006, No. 12, Articles 1005, 1026; 2007, No. 1, Article 4, No. 6, Article 597, No. 8, Article 745, No. 11, Article 1053, No. 12, Article 1192; 2008, No. 7, Article 602, No. 11, Article 960; 2009, No. 7, Article 506; 2011, No. 1, Article 14, No. 7, Articles 588, 603, No. 12, Article 1115; 2012, No. 6, Articles 500, 513, No. 7, Article 652, No. 9, Article 841, No. 12, Article 1226; 2013, No. 2, Article 91, No. 4, Article 366, No. 11, Article 1278, No. 12, Articles 1483, 1486, 1495; 2014, No. 2, Articles 94, 98, No. 6, Article 608, No. 7, Article 770, No. 8, Article 957, No. 10, Article 1158, No. 12, Article 1525; 2015, No. 1, Article 11, No. 12, Article 1433; 2016, No. 2 (book I), Article 207, No. 3, articles 39 6, 402, No. 5, Article 848, No. 6, Articles 973, 974, 1015, No. 7, Article 1245, No. 10, Article 1603, No. 11, Articles 1752, 1792, 1793, No. 12, Articles 2001, 2037, 2046; 2017, No. 2, Article 146, No. 5, Articles 695, 723, 737, No. 6, Article 1055, No. 7, Article 1304, No. 8, article 1509, No. 12 (book I), Articles 2219, 2251, 2270; 2018, No. 2, Article 149, No. 5, Article 863, No. 6, article 1193, No. 7 (book I), Articles 1414, 1427, No. 10, Article 1962, No. 11, Articles 2186, 2210, No. 12 (I book), objects 2498, 2509; 2019, No. 1, Article 30, No. 4, Article 590, No. 5, Articles 796, 801, 804, 812, 814, No. 8, Articles 1364, 1373, 1378, No. 12, Article 1894; 2020, No. 5, Article 522, No. 6, Articles 668, 678, No. 7, Article 832, No. 8, Article 1013, No. 11, Articles 1328, 1334, No. 12 (book I), Article 1439, 1441, 1454, 1455; No. 3, Article 211) at the end of Article 99.3.12 point to replace 2021, with semicolon and to add Article 99.3.13 of the following content:

"99.3.13. The royalties received by the physical persons who are engaged in activities of mediator for the services provided in connection with these activities including the earned reward.".

Article 6. In the Code of penal procedure of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2000, No. 8 (Book II), Article 585; 2001, No. 7, Article 455; 2002, No. 1, Article 9, No. 5, Article 233, No. 8, Article 463; 2003, No. 6, Article 276; 2004, No. 5, Article 321, No. 7, Article 505, No. 8, Article 598, No. 10, Article 761, No. 11, Article 890; 2005, No. 1, Article 4, No. 4, Article 278, No. 6, Article 462, No. 8, Article 686, No. 10, Article 874, No. 12, Article 1079; 2006, No. 1, Article 3, No. 2, Article 64, No. 5, Article 390, No. 10, Article 847, No. 11, Article 929, No. 12, Article 1032; 2007, No. 2, Articles 65, 68, No. 6, Article 560, No. 7, Article 712, No. 8, Article 756, No. 11, Article 1049, No. 12, Article 1221; 2008, No. 6, Article 462, No. 7, Articles 606, 607, No. 12, Articles 1045, 1049; 2009, No. 5, Article 315, No. 7, Article 517, No. 12, Article 966; 2010, No. 3, Articles 171, 173, 178, No. 7, Article 593, No. 12, Article 1058; 2011, No. 6, Article 480, No. 7, Articles 589, 599; 2012, No. 7, Article 674, No. 11, Article 1062, No. 12, Article 1215; 2013, No. 2, Article 77, No. 6, Articles 616, 626, No. 7, Article 786, No. 11, Article 1265, No. 12, Article 1493; 2014, No. 2, Articles 90, 102, No. 4, Articles 328, 344, No. 6, Article 600, No. 11, Articles 1354, 1362; 2015, No. 4, Article 342, No. 5, Article 511, No. 11, Articles 1270, 1288; 2016, No. 2 (Book II), Article 218, No. 10, Article 1607, No. 12, Articles 2020, 2031, 2034, 2039; 2017, No. 5, article 751, No. 12 (book I), Articles 2232, 2267; 2018, No. 5, Articles 877, 882, No. 7 (book I), Article 1421, No. 11, article 2235, No. 12 (book I), Article 2515; 2019, No. 7, Articles 1198, 1200, No. 12, Article 1898; 2020, No. 6, Article 675, No. 7, Articles 832, 852, 856, the Law of the Azerbaijan Republic No. 301-VIQD of April 23, 2021) at the end of Article 95.2.4 to replace point with semicolon and to add Article 95.2.5 of the following content:

"95.2.5. The participants of mediation and other persons participating in mediation, according to information known in the mediation course, except as specified, established by the Law of the Azerbaijan Republic "About mediation".".

Article 7. Make the following changes to the Administrative Procedure Code of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2009, No. 10, Article 762, No. 12, Article 973; 2010, No. 7, Article 587; 2011, No. 6, Article 485, No. 7, Article 593; 2012, No. 5, Article 410; 2013, No. 1, Article 16, No. 11, Article 1267; 2016, No. 1, Article 12; 2017, No. 4, Article 522, No. 5, Article 752, No. 11, Article 1976; 2018, No. 5, Articles 855, 878, No. 7 (book I), Article 1440; 2019, No. 1, Article 23, No. 7, Article 1199, No. 12, Article 1899; 2020, No. 6, Article 669):

7.1. Add Article 7. 3, 19.1.4-1, 38.4 and 49.1.1-1 of the following content:

"7.3. On any production stage the court can taking into account the facts of the case on own initiative or at the request of one of the parties to suggest them to resolve dispute by means of mediation. If between the parties the agreement on application of the procedure of mediation is signed, legal proceedings stop before submission of the voluntary settlement and the protocol on results of mediation.";

"19.1.4-1. if he (she) participated as mediator in the course of mediation between the parties on administrative dispute in court earlier;";

"38.4. Suspension of prescriptive limit in connection with application of the procedure of mediation is determined by the Law of the Azerbaijan Republic "About mediation".".

"49.1.1-1. suggest them to resolve dispute by mediation on own initiative or at the request of one of the parties taking into account the facts of the case.";

7.2. In Article 15.2 after the word "consideration" to add the word "prisoners directly or by means of mediation";

7.3. The first offer of Article 66.2 to state in the following edition:

"If the voluntary settlement contradicts the law or violates the rights and interests of any person protected by the law, the court shall refuse approval of the voluntary settlement.".

Article 8. Make the following changes to the Code of the Azerbaijan Republic about administrative offenses (Collection of the legislation of the Azerbaijan Republic, 2016, No. 2 (the book I), Article 202, No. 3, Articles 397, 403, 429, No. 4, Articles 631, 647, 654, No. 5, Articles 835, 846, No. 6, Articles 997, 1010, No. 7, Articles 1247, 1249, No. 10, Articles 1608, No. 11, Articles 1769, 1774, 1781, 1783, 1786, 1788, No. 12, Articles 1984, 2000, 2009, 2024, 2049; 2017, No. 1, Article 21, No. 2, Articles 139, 147, 152, 162, No. 3, Articles 331, 344, No. 5, Articles 698, 701, 734, 749, 754, No. 6, Articles 1020, 1033, 1036, No. 7, Articles 1273, 1296, 1297, 1299, No. 11, Articles 1964, 1966, 1969, 1979, No. 12 (book I), Article 2214, 2217, 2220, 2233, 2237, 2240, 2253, 2256, 2266; 2018, No. 1, Article 19, No. 2, Articles 160, 162, 163, No. 3, Articles 383, 401, 404, No. 4, Article 646, No. 5, Articles 857, 860, 862, 876, 883, No. 6, Articles 1153, 1188, No. 7 (book I), Article 1435, 1437, 1438, No. 10, Articles 1963, No. 11, Articles 2188, 2191, 2214, 2217, 2231, No. 12 (book I), Article 2473, the 2nd 475, 2499, 2507, 2512, 2522; 2019, No. 1, Articles 4, 6, 15, 18, 23, 44, No. 3, Articles 374, 389, No. 4, Articles 579, 581, 587, 595, No. 5, Articles 791, 800, 803, 804, 813, No. 6, Articles 992, 998, 1007, No. 7, Articles 1193, No. 8, Articles 1364, 1367, 1368, 1381, 1383, No. 11, Articles 1682, 1686, 1696, No. 12, Articles 1883, 1900; 2020, No. 3, Article 222, No. 5, Articles 505, 515, 519, No. 6, Articles 670, 672, 681, No. 7, Articles 838, 841, 846, 854, No. 8, Articles 1008, 1011, No. 9, Article 1138, No. 11, Articles 1332, 1333, 1336, No. 12 (book I), Article 1432, 1440; 2021, No. 4, Article 306; The laws of the Azerbaijan Republic No. 287-VIQD of April 2, 2021, No. 294-VIQD and No. 301-VIQD of April 23, 2021, No. 310-VIQD of May 4, 2021, No. 331-VIQD of May 27, 2021):

8.1. In Article 43.1 before figures "603" to add figure "602-2";

8.2. At the end of Article 68.0.3 to replace point with semicolon and to add Article 68.0.4 of the following content:

"68.0.4. "The participants of mediation and other persons participating in mediation based on the data known in the mediation course, except as specified, established by the Law of the Azerbaijan Republic "About mediation".";

8.3. Add Article 602-2 of the following content:

"Article 602-2. Violation of the law about mediation

602-2.1. For implementation of activities of mediator by physical person without acceptance in members of council of Mediation, performance legal person as the organization of mediation and (or) in the field of training of mediation according to the Law of the Azerbaijan Republic "About mediation"

the penalty is imposed on physical persons in the amount of one thousand manats, on officials - in the amount of two thousand manats, on legal entities - in the amount of four thousand manats.

602-2.2. For not provision of mediation by the organizations, mediators and educational institutions of mediation of information on changes of information about them in the register of mediation according to the Law of the Azerbaijan Republic "About mediation"

the penalty is imposed on physical persons in the amount of hundred manats, on officials - in the amount of two hundred manats, on legal entities - in the amount of four hundred manats.

602-2.3. For abuse of regulations of confidentiality, provided by the Law of the Azerbaijan Republic "About mediation" the participants of mediation and other persons participating in mediation

the penalty is imposed on physical persons in the amount of eight hundred manats, on officials - in the amount of one thousand five hundred manats, on legal entities - in the amount of three thousand manats.

602-2.4. For intervention in activities of mediator during mediation

the penalty is imposed on physical persons in the amount of two hundred manats, on officials - in the amount of four hundred manats, on legal entities - in the amount of eight hundred manats.

602-2.5. For not obtaining by mediator of the conclusion of body (organization) determined by relevant organ of the executive authority by the disputes following from the family relations infringing on interests of children and also for non-presentation in body (organization) determined by relevant organ of the executive authority of data on circumstances which threaten the normal growth and development of the child or can cause damage to its interests during the disputes following from the family relations (or possibility of similar circumstances), and also the voluntary settlement affecting growth, development and other interests of the child

the penalty in the amount of five hundred manats is imposed".

Article 9. Make the following changes to the Law of the Azerbaijan Republic "About social insurance" (Collection of the legislation of the Azerbaijan Republic, 1997, No. 5, Article 348; 1999, No. 11, Article 609; 2000, No. 11, Article 776; 2001, No. 9, Article 576, No. 12, Articles 733, 736, 2002, No. 12, Article 706, 2004, No. 7, Article 505, No. 12, Article 976, 2005, No. 1, Article 2, No. 12, Article 1082; 2006, No. 11, Article 923, No. 12, Article 1018; 2007, No. 1, Article 4, No. 12, Article 1193; 2008, No. 2, Article 49, No. 4, Article 254, No. 6, Article 462, No. 7, Article 602; 2009, No. 12, Article 970; 2010, No. 4, Article 276, No. 11, Article 949; 2011, No. 10, Article 883; 2013, No. 11, Article 1284, No. 12, Article 1487; 2014, No. 10, Article 1171; 2016, No. 4, Article 657, No. 6, Article 971; 2017, No. 3, Article 336, No. 7, Article 1279; 2018, No. 3, Articles 369, 396, No. 5, Articles 870, 894, No. 12 (book I), Article 2502; 2019, No. 1, Article 35, No. 3, Article 380; 2020, No. 5, Article 521, No. 6, Article 667, No. 7, Article 826, No. 8, article 1015, No. 12 (book I), Article 1450):

9.1. In article 12 after the word "members" to add the word "mediators";

9.2. In Article 14.5.5 after the word "members" to add the word "independent mediators".

Article 10. In the Law of the Azerbaijan Republic "About medical insurance" (Collection of the legislation of the Azerbaijan Republic, 2000, No. 1, Article 4; 2001, No. 3, Article 141; 2007, No. 12, Article 1212; 2008, No. 11, Article 960; 2014, No. 4, Article 331; 2015, No. 4, Article 352; 2016, No. 3, Article 419; 2018, No. 4, Article 651; 2019, No. 1, Articles 36, 47, No. 12, Article 1904; 2020, No. 3, Article 227, No. 5, article 521, No. 12 (the book I), Article 1426) in Article 15-2.2.2 after the word "members" to add the word "mediators".

Article 11. In the Law of the Azerbaijan Republic "About the state fee" (Collection of the legislation of the Azerbaijan Republic, 2001, No. 12, Article 740; 2002, No. 12, Article 706; 2003, No. 1, Article 23, No. 8), Article 428, No. 12 (book I), Articles 676, 698; 2005, No. 1, Article 1, No. 6, Article 462, No. 8, Article 684, No. 10, Articles 873, 905, No. 12, Article 1083; 2006, No. 3, Articles 223, 225, No. 6, Article 481, No. 12, Articles 1015, 1029; 2007, No. 2, Article 80, No. 12, Article 1203; 2008, No. 3, Article 158, No. 6, Article 462, No. 7, Article 602, No. 12, Article 1047; 2009, No. 1, Article 5, No. 2, Article 56, No. 3, Article 160, No. 7, Article 519, No. 12, Article 947; 2010, No. 4, Article 276, No. 6, Article 485, No. 10, Article 840, No. 11, Article 939; 2011, No. 1, Article 12, No. 4, Articles 245, 264, No. 11, Article 985, No. 12, Article 1100; 2012, No. 1, Article 4, No. 6, Articles 508, 518, No. 7, Article 646, No. 10, Article 947, No. 12, Articles 1216, 1227, 1229; 2013, No. 3, Article 213, No. 5, Article 474, No. 11, Articles 1269, 1279, 1299, 1301, 1308, No. 12, Articles 1485, 1504; 2014, No. 1, Article 6, No. 5, Article 468, No. 6, Articles 603, 605, No. 7, Articles 774, 780, No. 11, Articles 1345, 1370; 2015, No. 12, Article 1432; 2016, No. 1, Articles 15, 36, No. 4, Article 630, No. 5, Article 849, No. 6, Article 1014, No. 10, Article 1605, No. 11, Articles 1753, 1776, 1780, 1790, No. 12, Articles 2006, 2051; 2017, No. 3, Articles 337, 341, No. 5, Article 742, No. 6, Article 1028, No. 7, Article 1308, No. 8, article 1506, No. 12 (book I), Article 2265; 2018, No. 3, Article 405, No. 4, Articles 639, 647, No. 6, Articles 1186, 1194, No. 7 (book I), Article 1415, 1444, No. 8, article 1675, No. 12 (book I), Article 2489; 2019, No. 1, Article 45, No. 4, Articles 571, 596, No. 5, Article 797, No. 7, Articles 1176, 1181, 1190, 1192, No. 8, Articles 1360, 1363, 1371, No. 11, Articles 1681, 1694; 2020, No. 5, Articles 521, 524, No. 6, Articles 665, No. 7, Articles 824, 828, 837, 851, 853, No. 11, articles 1327, No. 12 (book I), Article 1423; 2021, No. 2, Article 117) to add Article 9.1-1 of the following content:

"9.1-1. According to the Law of the Azerbaijan Republic "About mediation", in case of impossibility of the conclusion of the voluntary settlement by results of mediation process, the party which paid the expenses connected with process of mediation in case of appeal to the court or the party which paid mediation expenses according to article 36.2 of this Law is exempted from payment of the state fee. If the amount of the state tax established by this Law exceeds the incurred expenses, the party is exempted from the state fee in the amount of the incurred expenses.".

Article 12. In the Law of the Azerbaijan Republic "About Judicial and legal council" (Collection of the legislation of the Azerbaijan Republic, 2005, No. 1, Article 8, No. 8, Article 686; 2006, No. 1, Article 4; 2007, No. 4, Article 321; 2010, No. 7, Article 596; 2011, No. 2, Article 71, No. 6, Article 484; 2012, No. 12, Article 1228; 2013, No. 12, Article 1467; 2014, No. 7, Article 783; 2015, No. 2, Article 99, No. 4, Article 347, No. 11, Article 1287; 2016, No. 12, Article 2032; 2017, No. 6, article 1044, No. 12 (book I), Article 2188; 2018, No. 7 (Book I), Article 1443; 2019, No. 12, Article 1902; 2020, No. 7, Article 845; The law of the Azerbaijan Republic No. 289-VIQD of April 2, 2021) in the second offer of Article 13.3. after the word "data" to add the word, "and also the number of the cases directed to mediation according to the Law of the Azerbaijan Republic "About mediation".

Article 13. In the Law of the Azerbaijan Republic "About administrative production" (Collection of the legislation of the Azerbaijan Republic, 2005, No. 12, Article 1084; 2006, No. 12, Article 1031; 2008, No. 6, Article 462; 2011, No. 7, Article 592; 2014, No. 12, Article 1516; 2016, No. 4, Article 643; 2018, No. 12 (book I), Articles 2470, 2530; 2019, No. 1, Articles 5, 21, No. 2, Article 184, No. 12, Article 1901; 2020, No. 6, Article 669, No. 7, Article 829) to add Articles 42.1.3-1 and 80-1 of the following content:

"42.1.3-1. if participated as mediator in the course of mediation between the parties on this case earlier;";

"Article 80-1. Permission of administrative disputes by means of mediation

80-1.1. The disputes arising in connection with acceptance, execution or cancellation of administrative acts by administrative authorities, and also other actions or failure to act of administrative authority (except for disputes, the stipulated in Article 4.3 presents of the Law (including disputes between administrative and territorial units over territorial questions according to the Law of the Azerbaijan Republic "About the territorial device and administrative-territorial division)" can be permitted by means of mediation according to the Law of the Azerbaijan Republic "About mediation".

80-1.2. If between the interested person and administrative authority the agreement on application of process of mediation for the purpose of the dispute resolution by means of mediation is signed, production according to the administrative claim stops in connection with the expiration, this Law provided in Article 73.

80-1.3. In case of the dispute resolution by means of mediation the administrative authority represents the voluntary settlement to appellate instance. With respect thereto the appellate instance stops production according to the administrative claim.

80-1.4. If the dispute is not resolved by means of mediation, the administrative authority represents the protocol on results of mediation to appellate instance. At the same time the term, the stipulated in Article 78 these Laws is recovered, and the appellate instance considers the administrative claim.

80-1.5. The voluntary settlement signed as a result of mediation process includes acceptance, change or cancellation of administrative acts by the relevant administrative authorities, and also making of the corresponding action (failure to act).".

 

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