LAW OF THE AZERBAIJAN REPUBLIC

of May 31, 2011 No. 135-IVQD

About introduction of amendments to the Code of the Azerbaijan Republic about administrative offenses

Being guided by Item 17 of part I of article 94 of the Constitution of the Azerbaijan Republic, 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, Articles 70, 71, No. 3, Articles 167, 171, 178, No. 4, Articles 275, 276, No. 5, Articles 379, 380, No. 6, Article 483, No. 7, Articles 577, 591, 594, 595, 598, 600, No. 10, Article 838, No. 11, Articles 936, 938, 949; No. 12, Article 1059; 2011, No. 2, of Article 70, of 71, No. 3, of Article 162, of 164, of 167, of 168, of 170, No. 4, of Article 246, of 254) to make the following changes:

1. add with Article 159-1 of the following content:

"Article 159-1. Non-execution of the decision on application of administrative punishment in the form of administrative penalty for making of administrative offenses against traffic regulations

Non-execution of the decision on application of administrative punishment in the form of administrative penalty for making of administrative offenses against traffic regulations without the bases established by the law during 3-month term from the date of the introduction of the decision in legal force - attracts restriction of the right to control of vehicles for the term of six months.".

2. in Article 360.1 after figure "155.7," to add with figure "159-1,".

3. add with Articles 371.1.8 - 371.1.9 following contents:

"371.1.8. receive the copy of pictures of incident on the electronic medium if the place of approach of the incident which entailed administrative offense is under control of means of video surveillance (video cameras);

371.1.9. receive picture of the moment of making of administrative offense with indication of the state registration registration plate, indicator of the device of measurement of speed (if administrative offense is connected with overspeeding), data on the place and time of making of administrative offense if the administrative offense made against traffic regulations is revealed by means of special technical means.".

4. add with Article 406.1.7 of the following content:

"406.1.7. in the presence of the judgment or relevant organ of the executive authority about detention of the vehicle for non-execution of the decision on application of administrative punishment in the form of administrative penalty for making of administrative offenses against traffic regulations during 2-month term from the resolution validity date.".

5. in Article 407.1-1 after the words "for violation" to add with words ", according to the decision on detention of the vehicle applied for untimely payment of administrative penalty", words "the driver..." shall be replaced with words administrative penalty "the vehicle owner or person who made administrative offense... administrative penalty (including the penalty added respectively)".

6. under Article 410:

6.1. add with Articles 410.1.7-1-410.1.7-2 of the following content:

"410.1.7-1. if in case of identification of administrative offense technical means of control, their indicators were used;

410.1.7-2. if as a result of making of administrative offense the little harm was done to health of person or material damage, records about these circumstances is caused;";

6.2. state Article 410.3 in the following edition:

"410.3. The copy of the protocol on administrative offense is issued to physical person or the representative of the legal entity concerning which proceeedings about administrative offense are conducted.";

6.3. the fifth offer of Article 410.4 to state in the following edition:

"The victim on the case of administrative offense has the right to receive the copy of the protocol on administrative offense.".

7. in Article 412.1 shall be replaced with words the word "committed" "Except for administrative offenses against traffic regulations... made".

8. add with Article 446.1.4 of the following content:

"446.1.4. if person in whose relation the decision on restriction of the right to control of vehicles for non-execution of the decision on application of administrative punishment in the form of administrative penalty for making of administrative offenses against traffic regulations is passed pays administrative penalty and the penalty added respectively.".

9. state Article 451.7 in the following edition:

"451.7. To person who did not pay without the bases established by the law penalty within 30 days from the date of the introduction to legal force of the decision on application of administrative punishment in the form of administrative penalty for making of administrative offenses against traffic regulations for each next day of failure to pay the penalty in the amount of 2 percent from the penalty amount is charged. The penalty is applied for all overdue term, but no more than 3 months.

If within 2 months from the resolution validity date the penalty is not paid without the bases established by the law, the court which passed this decision or relevant organ of the executive authority passes the decision on detention of the vehicle of person who made administrative offense which it managed when making administrative offense. After payment of penalty, the corresponding penalty, vehicle delivery charge on it the detained vehicle immediately returns to the parking and its storage to the owner.

If during 3-month term from the resolution validity date the penalty is not paid without the bases established by the law, concerning person to whom administrative punishment is applied, the decision on restriction of the right to vehicle control which for the purpose of ensuring payment of penalty goes for forced execution is passed. If the decision on application of administrative punishment directed to forced execution is not performed by the debtor without reasonable excuse in time, the established by the law for voluntary execution, relevant organ of the executive authority takes the measures of forced execution provided by the Law of the Azerbaijan Republic "About execution". If person to whom administrative punishment in the form of administrative penalty for making of administrative offenses against traffic regulations is applied performs the decision without delay or within 3 working days from the moment of entry of decision into legal force, then it is exempted from payment of 10% of the amount of the applied penalty.".

10. add with Article 455.6 of the following content:

"455.6. If person concerning whom the decision on restriction of the right to control of vehicles for non-execution of the decision on application of administrative punishment in the form of administrative penalty for making of administrative offenses against traffic regulations is passed pays administrative penalty and the penalty added respectively, this decision is cancelled by the court which accepted it based on the petition of this person.".

11. in Article 456.2 after the word of "reduction" to add with words "to cancellation of the decision on restriction of the right to control of vehicles according to Article 455.6 of this Code,".

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