LAW OF THE AZERBAIJAN REPUBLIC

of December 27, 2001 No. 243-IIQ

About execution

This Law establishes rules and conditions of forced execution of decisions of the courts of the Azerbaijan Republic, and courts of foreign states on cases on civil and commercial disputes, decisions of foreign and local Arbitration Courts, sentences and decisions on criminal cases regarding property acquisition, and also writs, judgments on cases on administrative offenses, decisions of bodies (officials), representatives to consider cases on administrative offenses, notarized agreements on payment of the alimony, executive record of the notary, determines procedure and conditions of obligatory execution of the short-term security orders issued by bodies authorized to consider the cases connected with domestic violence and decisions of other bodies (further - judicial and other authorities) in cases, stipulated by the legislation the Azerbaijan Republic.

Section I. General provisions

Article 1. Legislation of the Azerbaijan Republic on execution

1.1. The legislation of the Azerbaijan Republic on execution consists of the Constitution of the Azerbaijan Republic, this Law, the Law of the Azerbaijan Republic "About legal executives", the Code of civil procedure of the Azerbaijan Republic, and also other legal acts.

1.1-1. Decisions on application of administrative penalty on cases on administrative offenses are performed according to this Law taking into account requirements of Articles 142, of 143, 144.1, 145, 146.3, 147, 150 Codes of the Azerbaijan Republic about administrative offenses.

1.2. If in the interstate agreements supported by the Azerbaijan Republic the rules different from the legislation of the Azerbaijan Republic on execution then are established the international agreements are applied.

1.3. Execution of judgments and decisions of other bodies in the Alyatsky free economic zone are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 1-1. Principles of the executive legislation

The executive legislation is based on the principles of ensuring rule of law and equality of all before the law, objectivity, justice.

Article 2. Bodies of forced execution

2.1. Forced execution of decisions of the courts and other bodies in the Azerbaijan Republic is performed by executive officials.

2.2. Powers of executive officials are established by the legislation of the Azerbaijan Republic.

2.3. In this Law legal executives are understood as the state legal executives acting according to the Law of the Azerbaijan Republic "About the state legal executives" and the special legal executives acting according to the Law of the Azerbaijan Republic "About special legal executives".

2.4. Special legal executives perform resolutions of courts and other bodies taking into account the features established by the Law of the Azerbaijan Republic "About special legal executives".

2.5. In this Law of power of body of forced execution and its head on execution of resolutions of courts and other bodies are performed directly by these special legal executives concerning these legal executives.

Article 3. Obligation of requirements of the executive official

3.1. The requirements of executive officials connected with execution of decisions of the courts and other bodies are obligatory in the territory of the Azerbaijan Republic for all bodies, legal entities, their officials and physical persons.

3.2. Persons who are not fulfilling the requirements of executive officials connected with execution of decisions of the courts and other bodies, interfering execution of the obligations assigned to them bear responsibility according to the procedure, stipulated by the legislation the Azerbaijan Republic.

Article 4. The other bodies and the organizations performing requirements of decisions of the courts and other bodies

4.1. In the cases provided by this Law, requirements of decisions of the courts and other bodies about money recovery are performed by the tax authorities, banks and other credit institutions, the organizations issuing electronic money.

4.2. In cases, stipulated by the legislation the Azerbaijan Republic, the requirement of decisions of the courts and other bodies can be performed by other bodies, officials, and also legal entities and physical persons.

4.3. Bodies, the organizations, and also persons specified in articles 4.1 and 4.2 of this Law are not considered as bodies of forced execution.

4.4. The administrative acts adopted administrative by body (except for the administrative acts adopted by municipalities and the administrative acts connected with payment of monetary claims), including the decision made according to the administrative claim is performed by the administrative authority which accepted it according to the procedure, established by the relevant law of the Azerbaijan Republic.

Article 5. Ensuring executive actions by the banks and other credit institutions, organizations issuing electronic money

5.1. The judicial police officer-contractor having information on accounts of the debtor in bank or other credit institution, the organization of electronic money and on money on these accounts directs the copy of the executive document certified by the head of body of forced execution, containing requirements of court orders and other bodies about seizure of money, is direct in bank or other credit institution, the organization issuing electronic money.

5.2. The bank or other credit institution, the organization issuing electronic money, servicing accounts of the debtor within seven days from the date of obtaining from the executive official of the executive document performs the requirements about money recovery containing in the executive document or does mark in the executive document on complete or partial non-execution of the specified requirements owing to absence on accounts of the debtor of the money sufficient for satisfaction of the claimant.

5.3. The bank or other credit institution, the organization issuing electronic money which is not observing the requirements specified in article 5.2 of this Law are attracted by the relevant court in the procedure established by the legislation of the Azerbaijan Republic to the administrative responsibility according to the protocol of the executive official on administrative offense.

Article 6. Executive documents

6.1. As executive documents are considered:

6.1.1. accepted by courts:

- decisions of the courts of the Azerbaijan Republic;

- determinations of the courts about taking measures connected with satisfaction the claim;

- sentences, determinations and decisions of the courts on criminal cases in the part connected with withdrawal of property;

- decisions of foreign and local Arbitration Courts;

- the writs of execution issued based on decisions of the courts of foreign states;

6.1.2. writs;

6.1.2-1. decisions of bailiffs on receipt of performing collection;

6.1.3. notarially certified agreements on payment of the alimony;

6.1.4. executive texts of the notary;

6.1.5. resolutions of bodies (officials), representatives to consider cases on administrative offenses;

6.1.6. resolutions of other bodies in cases, stipulated by the legislation the Azerbaijan Republic;

6.1.6-1. resolution of the special legal executive on collection of standard duty;

6.1.7. If in the bill of exchange it is noted about its acceptance, the protests on the bill of exchange in cases of its acceptance given according to the legislation;

6.1.8. The administrative acts adopted by municipalities and the administrative acts of other administrative authorities connected with payment of monetary claims;

6.1.9. the short-term security warrants issued by the bodies authorized on hearing of cases in connection with domestic violence (further - short-term security warrants).

Article 7. Requirements to executive documents

7.1. In the executive document are specified:

7.1.1. the name of the court or other body which issued the executive document;

7.1.2. the case or materials which are the basis for issue of the executive document, and their number;

7.1.3. decision date, subject to execution;

7.1.4. Surname, name, middle name, individual identification number (series and certificate number of permission to temporary or permanent residence of the foreigner or stateless person, and also the certificate of the refugee), the residence and the place of stay, birth date, place of employment of physical person debtor if it works, INN in case of implementation of business activity by it, the name, legal and actual addresses, INN of legal person - the claimant and the debtor;

7.1.5. substantive provisions of the judgment or other body;

7.1.6. the date of entry into force of the judgment or other body;

7.1.7. date of issue of the executive document and term of the direction it on execution.

7.2. The executive document issued based on the judgment is signed by the judge and certified by seal of court.

7.3. Other executive documents are signed by persons which accepted or certified them and certified by seal.

7.4. Contents of the writ and notarially certified agreement on payment of the alimony are established according to Civil procedural and Family by codes the Azerbaijanian of the Republic. Content of executive texts of the notary is established by the Law of the Azerbaijan Republic "About notariate".

Article 8. Initiation of production according to executive documents

8.1. The executive document goes for execution directly by the court or other body which passed the relevant decision. The executive document goes for execution through the appropriate information resources and the systems "Electronic Court", "Electronic Notariate" and other state bodies (organizations) integrated with the information system "Electronic Execution". State bodies (organizations) and municipalities which do not have information resources and systems direct executive documents for execution by their placement in the information system "Electronic Execution" in the electronic offices created for these state bodies (organizations) and municipalities.

In case of compliance of the executive document to requirements, the stipulated in Clause 7 these Laws, the legal executive shall receive the executive document from court or other body (organization) by means of the information system "Electronic Execution" and start execution.

8.2. The executive official issues the decree on initiation of production within three days from the date of receipt of the executive document.

In the specified resolution the executive official establishes term no more than ten days from the date of initiation of production if in the judgment other executive term is not established, for voluntary execution by the debtor of the requirements containing in the executive document and notifies on it the debtor, also except for the executive term established by parts three and the fourth this Article. In the notification it is specified that after fixed term the specified requirements will be performed forcibly that the expenses connected with making by the provided this Law of executive payment and executive actions will be collected from it.

In case of determination in the executive document of the property which is subject to realization, the debtor has the right within 7 working days from the date of official delivery to it notifications to file to the legal executive petition for realization of property in the public market, including by the Sms direction on number(s) of the mobile phone registered on his name (physical person of the debtor or the head of body of forced execution of the legal entity of the debtor) through the information system "Electronic Execution". Within 1 working day from the date of receipt of such statement the legal executive passes the decision on the matter and establishes term for voluntary execution of the requirement by realization of property in the public market - 2 months. The debtor has the right to realize property only at the price constituting at least 80 percent of its cost specified in the executive document or in the report of the appraiser.

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