LAW OF THE AZERBAIJAN REPUBLIC

of June 29, 2012 No. 406-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:

Article 1

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, Articles 70, 71, No. 3, Articles 162, 164, 167, 168, 170, No. 4, Articles 246, 254, No. 6, Articles 470, 479, 487, No. 7, Articles 596, 614, No. 10, Article 881, No. 11, Article 981, No. 12, Articles 1094, 1095, 1099, 1103, 1106; 2012, No. 1, Article 3, No. 2, Article 50, No. 3, Article 194, No. 4, Article 271; The Laws of the Azerbaijan Republic of April 6, 2012 No. 322-IVQD and 20 of April, 2012 No. 333-IVQD) to make the following changes:

1. Add with Chapter 5-1 of the following content:

"Chapter 5-1. Administrative offenses against health

Article 38-1. Beating

Intentional causing physical pain beating or other violent acts

- attracts imposing of penalty in the amount of five hundred to one thousand manats or, taking into account the facts of the case, the identity of person who made offense, application of administrative detention for a period of up to fifteen days.

Note:

1. If the act provided by this Article is made with causing heavy, less severe or little harm to health, then it attracts criminal liability according to the relevant articles of the Criminal code of the Azerbaijan Republic.

2. Proceeedings about the administrative offense provided by this Article are initiated only based on the statement of the victim.

3. In case of conciliation of the victim with person who made the administrative offense provided by this Article proceeedings about administrative offense stops.

Article 38-2. Violation of the law about prevention of domestic violence

38-2.1. The actions directed to application of illegal restrictions of economic nature on the household soil that is deprivation by face of other person who is in its property, the order or use of property, the income, creation of economic dependence, preserving such dependence or abuse of it

- attract imposing of penalty in the amount of hundred to three hundred manats.

38-2.2. The actions directed to mental violence on the household soil that is rendering by person on other person of intentional mental pressure or creation intolerable mental conditions

- attracts imposing of penalty in the amount of three hundred to five hundred manats. 38-2.3. Implementation of activities by the non-state centers of the help to persons who were affected by domestic violence without accreditation

- attracts imposing of penalty in the amount of thirty five to fifty manats.

Note:

1. In Articles 38-2.1 and 38-2.2 of this Code "person" is implied as persons, the stipulated in Article 4 Laws of the Azerbaijan Republic "About prevention of domestic violence".

2. Articles 38-2.1 and 38-2.2 of this Law are applied if the acts specified in these Articles do not attract criminal liability according to the relevant articles of the Criminal code of the Azerbaijan Republic.

Article 38-3. Evasion from treatment of persons infected with venereal diseases Evasion from treatment of persons who are rather informed on infection with venereal diseases, despite preventions of health bodies

- attracts imposing of penalty in the amount of hundred to hundred fifty manats.

Article 38-4. Evasion from inspection of persons who had contact with person infected with venereal diseases or the human immunodeficiency virus Evasion from inspection of persons who had contact with person infected with venereal diseases or human immunodeficiency virus and need inspection, despite preventions of health bodies

- attracts imposing of penalty in the amount of eighty to hundred twenty manats.

Article 38-5. Concealment of source of infection with venereal diseases or human immunodeficiency virus

38-5.1. Concealment by persons with venereal diseases of source of infection, and also names of persons which came to them into contact and represent danger of infection with venereal diseases

- attracts imposing of penalty in the amount of hundred to two hundred manats.

38-5.2. Concealment by persons infected with human immunodeficiency virus of infection source, and also names of persons which came to them into contact and represent danger of infection with human immunodeficiency virus

- attracts imposing of penalty in the amount of two hundred to four hundred manats.

Article 38-6. Violation of the law about donorship of blood, components of blood and service of blood

38-6.1. Representation by person wishing to become the donor, unreliable information about early the postponed and available diseases, and also about acceptance of drugs and psychotropic substances

- attracts imposing of penalty in the amount of thirty to thirty five manats.

38-6.2. Capture at the blood donor, blood components without carrying out physical examination

- attracts imposing of penalty on physical persons in the amount of thirty five to forty manats, on officials in the amount of forty to sixty five manats, on legal entities in the amount of hundred to hundred fifty manats.

38-6.3. Non-presentation by medical institutions of information on any serious additional impacts (posttransfusion complications) which were caused by transfusion to the recipient of blood of blood components, to organization of service of blood (bank of blood) which delivered the transfused blood, blood components and relevant organ of the executive power - attracts imposing of penalty on physical persons in the amount of thirty five to forty manats, on officials in the amount of forty to sixty five manats, on legal entities in the amount of hundred to hundred fifty manats.".

2. To exclude the word of "health" from the name of chapter 7.

3. Exclude Article 61 - 63-1 and 307-2.

4. In article 360 of figure "39-50-3" to replace with figures "38-1-50-3", to replace figures "60-63" with figures "60, 60-1", to exclude figures "307-2," and "63-1,".

5. Add with Article 367.0.9 of the following content:

"367.0.9. In case of conciliation of person who made administrative offense, stipulated in Article 38-1 of this Code with the victim.".

6. In Article 413.1 shall be replaced with words the word of "Finance" "Against health, or finance".

Article 2

This Law becomes effective since September 1, 2012.

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