LAW OF THE AZERBAIJAN REPUBLIC

of February 11, 2011 No. 66-IVQD

About modification and amendments in the Code of the Azerbaijan Republic about administrative offenses

Millie decides Majlis of the Azerbaijan Republic:

In the Code of the Azerbaijan Republic about administrative offenses (Collection of the legislation of the Azerbaijan Republic, 2000, No. 8, the I book, Article 584; 2001, No. 1, Article 24, No. 3, Article 139, No. 7, Article 455, No. 11, Articles 680, 698, No. 12, Article 731; 2002, No. 1, Article 9, No. 4, I book, Article 165, No. 5, Articles 234, 237, 239, No. 6, Article 326, No. 8, Article 463, No. 12, Article 692; 2003, No. 1, Articles 3, 13, 23, No. 4, Articles 177, 178, No. 5, Article 228, No. 6, Articles 257, 276, 279, No. 8, Articles 407, 425, No. 12, I book, Articles 676, 696, II book, Articles 713, 714; 2004, No. 1, Articles 6, 7, 10, 13, No. 4, Articles 200, 201, 204, No. 5, Articles 313, 314, 317, 321, No. 6, Article 397, No. 8, Articles 596, 597, No. 10, Articles 762, 779, No. 11, Article 900, No. 12, Article 973; 2005, No. 1, Articles 5, 6, No. 2, Article 61, No. 4, Articles 272, 273, 275, 278, No. 6, Articles 462, 466, No. 7, Article 576, No. 8, Articles 691, 692, No. 10, Articles 875, 877, 904, No. 11, Articles 993, 994, 995, No. 12, Articles 1083, 1085; 2006, No. 2, Articles 64, 68, No. 3, Articles 219, 220, 223, 225, No. 5, Article 385, No. 6, Article 478, No. 11, Articles 923, 924, 932, No. 12, Articles 1005, 1020, 1024; 2007, No. 1, Articles 3, 4, No. 2, Articles 65, 68, No. 5, Articles 397, 398, 401, 440, No. 6, Articles 560, 561, 562, 579, No. 8, Article 757, No. 10, Articles 935, 936, 938, 940, No. 11, Articles 1048, 1049, 1053, 1070, 1077, 1080, 1089, 1091, No. 12, Articles 1195, 1211, 1217, 1218, 1221; 2008, No. 2, Article 47, No. 3, Articles 146, 152, 159, No. 4, Article 249, No. 5, Article 340, No. 6, Articles 454, 460, 461, 464, No. 7, Articles 601, 602, 605, No. 8, Articles 699, 701, No. 10, Articles 884, 885, No. 11, Articles 956, 957, No. 12, Articles 1045, 1047, 1049; 2009, No. 2, Articles 36, 45, 49, 52, 53, No. 5, Articles 309, 315, No. 6, Articles 404, 405, No. 7, Articles 517, 518, 519, No. 8, Article 611, No. 11, Article 878, No. 12, Article 953, 954, 966, 971; 2010, No. 2, of Article 70, of 71, No. 3, of Article 167, of 171, of 178, No. 4, of Article 275, of 276, No. 5, of Article 379, of 380, No. 6, Article 483, No. 7, of Article 577, of 591, of 594, of 595, of 598, of 600, No. 10, Article 838, No. 11, of Article 936, of 938, of 949) to make the following changes and additions:

1. state Article 35.2 in the following edition: "35.2. If hearing of cases on several administrative offenses which are commited by person by the actions (failure to act) at the same time is within the competence of the same body, collection within the sanction established for the most serious misconduct is imposed on this person. In this case the main collection can be added one of the additional penalties provided for any of committed offenses.".

2. add with Article 35.3 of the following content: "35.3. If hearing of cases on several administrative offenses which are commited by person in the same or different time is within the competence of the same body, the these cases shall be considered at the same time.".

3. by part "Note" of Article 151:

3.1. state Item 1 in the following edition: "1. Offenses, stipulated in Article 151.2 of this Code, are estimated at 3 points, offenses provided by Articles 151. 3, 155.3, - in 4 points, offenses provided by Articles 152-1. 1, 152-1.2, 156, - in 5 points.";

3.2. add with Items 3 and 4 of the following content: "3. If the administrative offenses which are commited by person in cases, stipulated in Article 35.2 of this Code belong to the offenses estimated in points, then by hearing of cases on these offenses only the point established for the most serious misconduct is appointed.

4. By hearing of cases on several administrative offenses estimated in points which are commited by person at different times the point is appointed by summing of the point established for the most serious misconduct and one point for each other offense.".

4. exclude part "Note" of Articles 152-1, 155 and 156.

5. state Article 407.1 in the following edition: "407.1. In case of violation of the rules of stop and the parking of the vehicle established by the legislation (if there is no driver near this vehicle), and also in the cases specified by Item 406.1 of this Code, vehicles temporarily are stored in the supervised parking of relevant organ of the executive authority of the Azerbaijan Republic.".

6. add with Article 407.1-1 of the following content: "407.1-1. If the vehicle is delivered to the supervised parking of relevant organ of the executive authority of the Azerbaijan Republic for abuse of regulations of stop and the parking, the driver can pay in the same place administrative penalty and payment for vehicle delivery on the parking and its storage there. In this case the receipt of the sample established by relevant organ of the executive authority is issued to the driver, and the detained vehicle immediately returns to the owner. If the driver refuses to pay administrative penalty in the place of delivery of the vehicle, proceeedings about administrative offense are performed according to the procedure, provided by this Code.".

7. add with Articles 456.1-1 and 456.1-2 of the following content: "456.1-1. Within three working days from the moment of decision about restriction of the special right the physical person, whose special right is limited, shall submit the relevant document certifying its special right, to the involved body provided by Articles 455.2455.4 of this Code (if this document was not withdrawn according to Article 404.2 of this Code earlier), and in case of loss of the relevant document to submit the application for it to noted body during this term. 456.1-2. If the physical person, whose special right is limited, does not submit the relevant document certifying its special right, the current of term of restriction of the special right stops. In this case the current of term renews from the moment of delivery of the relevant document or filing of application about loss of this document.".

8. add with Article 456.3 of the following content: "456.3. After the term of restriction of the right to vehicle control the car driver license returns in the following procedure: 456.3.1. to persons, whose right to vehicle control is limited for the term of over one year, - in day of successful delivery of practice examination in skills of vehicle control; 456.3.2. to persons, whose right to vehicle control is limited for term in one year and less, - in day of the expiration of this term, without examination.".

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