LAW OF THE AZERBAIJAN REPUBLIC

of May 2, 2014 No. 952-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, 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, No. 5, Article 404, No. 6, Article 499, No. 7, Articles 667, No. 9, Article 843, No. 11, Articles 1046, 1047, 1055, 1064, 1069; 2013, No. 1, Articles 12, 13, 23, No. 2, Article 100, No. 3, Articles 218, 220, 225, No. 4, Articles 354, 361, No. 5, Articles 461, 473, 480, No. 8, Article 888, No. 11, Articles 1287, 1294, 1300, 1304, 1311, No. 12, Articles 1471, 1480, 1496; 2014, No. 1, Article 2, No. 2, Articles 80, 91, 93; The Law of the Azerbaijan Republic of February 14, 2014 No. 908-IVQD and 4 of March, 2014 No. 917-IVQD) to make the following changes:

1. In article 28.3 of figure "12" to replace with figures "20".

2. By part "Note" of Article 151:

2.1. in Item 1 of the word "and 151-1.3" shall be replaced with words ", 151-1.3 and 151-4".

2.2. add with Items 5 and 6 of the following content:

"5. In case of application of administrative penalty for making of the offenses provided by Articles 151.5 and 152-1.1 of this Code without restriction of the right of person for control of vehicles, the specified offenses are estimated at 5 points.

6. The point appointed for making of administrative offense remains in force during 1 year from coming into force of the resolution on application of administrative punishment.".

3. To exclude the words "and also neustupleny roads to vehicles with the special sound alarm system, the red or blue blinking light signal which have benefit rights in movement, or accession to the organized road convoy accompanied with such vehicle" from Article 151.2;

4. Under Article 151.4:

4.1. after figures "151-1.4" to add with figures "151-4";

4.2. replace figures "12" with figures "20", shall be replaced with words the words "for a period of up to one year" "for a period of up to six months".

5. In Article 151-1.1 to replace the word of "thirty" with the word of "ten".

6. Add with Articles 151-4 and 158-2 of the following content:

"Article 151-4. Neustupleny roads to vehicles with the benefit right in movement or accession to organized road convoy

Neustupleny roads to vehicles with the special sound alarm system, the red or blue blinking light signal, with the benefit right in movement or accession to the organized road convoy accompanied with such vehicle

attracts imposing of penalty in the amount of hundred manats.

Article 158-2. Non-presentation of information about the user of the vehicle

Non-presentation of information about the physical person which during making of administrative offense managed the vehicle which is in property or use of the legal entity within 5 days from the moment of receipt of request about it

attracts imposing of penalty on the legal entity in the amount of three hundred manats.".

7. Exclude Articles 410-1, 412 and 452.

8. In Article 410.1 of the word "Articles... and" to replace 412.1 with the word "Article";

9. Add with Chapter 32-1 of the following content:

"Chapter 32-1. Features of hearing of cases about administrative offenses against traffic regulations

Article 429-1. General procedure for hearing of cases about administrative offenses against traffic regulations

Cases on the administrative offenses provided by Articles 151-159 of this Code against traffic regulations are considered according to the procedure, established by this Code taking into account the features established by this Chapter.

Article 429-2. Inadmissibility of challenge in authority of person concerning which proceeedings about administrative offense against traffic regulations are conducted

The challenge in authority is prohibited (official) of person concerning which proceeedings about administrative offense against traffic regulations are conducted.

Article 429-3. Procedure for conducting production in case of identification of event of administrative offense by means of special technical means with functions of photo and video registration

429-3.1. If the offenses provided by Articles 151. 1, 151.2, 151.3, 151.3-1, 151.3-2, 151-1, 151-2.1, 151-3 and 158-1.3 of this Code, are revealed by means of special technical means with functions of photo and video registration, data of special technical means based on the software of Central Information System of relevant organ of the executive authority are transferred electronically in real time to this Central Information System then in real time, without participation of person who made administrative offense, according to the procedure, established by the Law of the Azerbaijan Republic "About the digital signature and the electronic document", the electronic protocol on administrative offense in electronic form which makes sure the digital signature of the relevant authorized employee of this Central Information System is constituted. Right after creation the electronic protocol on administrative offense together with data of special technical means goes in electronic procedure to information system of relevant organ of the executive authority.

429-3.2. The electronic protocol on the administrative report is constituted according to data of Central Information System of relevant organ of the executive authority concerning the user of the vehicle (the last person registered when carrying out repeated state registration based on the power of attorney in connection with the lease agreement of the vehicle or the rights to use of the vehicle or the order it, the transport driver which is in property or use of the legal entity, and in the absence of such information - the owner of the vehicle).

429-3.3. Along with the data provided in Article 410.1 of this Code in the electronic protocol on administrative offense the following is specified:

429-3.3.1. the data obtained by means of the special technical means used in identification of administrative offense (together with photo and video content which proves approach of event of administrative offense and its making by the driver of certain vehicle);

429-3.3.2. procedure for submission of the petition in connection with the electronic protocol on administrative offense;

429-3.3.3. size of administrative penalty and procedure for its payment.

429-3.4. The vehicle stop for the administrative offenses revealed by means of special technical means with functions of photo and video registration and creation concerning such committed offenses of the protocol on administrative offense or pronouncement of the resolution on application of administrative punishment is forbidden. All special technical means with functions of photo and video registration are integrated into Central Information System of relevant organ of the executive authority, and the electronic protocol concerning the administrative offenses revealed by means of the specified technical means is constituted only according to the procedure, stipulated in Article 429-3.1 of this Code.

429-3.5. If person concerning whom the protocol on the administrative offense according to the procedure provided by Articles 429-3 is constituted. 1, 429-5.5 or 429-5.6 of this Code, will be paid by the penalty noted in the protocol, it is considered agreed with the protocol, and this protocol is recognized the resolution on application of administrative punishment of similar content.

429-3.6. Person concerning whom the protocol on the administrative offense according to the procedure provided by Articles 429-3.1 or 429-5.6 of this Code is constituted can address to authority with the petition for finding of the vehicle in ownership or use of other person at the time of making of administrative offense, or about loss of ownership over it as a result of illegal actions of other persons. The petition is handed personally or goes by means of mail, or the Internet within 10 days from the moment of submission of information on the protocol on administrative offense according to the procedure, stipulated in Article 429-6.2.3 of this Code. Petitioning can state the assumption of the one who managed the vehicle at the time of making of administrative offense in the petition. In case of confirmation of data in the petition, proceeedings of person concerning which the protocol on administrative offense is constituted stop and adequate measures for administrative prosecution of person who made administrative offense are taken.

429-3.7. If person concerning whom the protocol on the administrative offense according to the procedure provided by Articles 429-3 is constituted. 1, 429-5.5 or 429-5.6 of this Code, will not be given by the petition within 10 days from the moment of informing according to the procedure, stipulated in Clause 429-6.2.3 of this Code, this protocol is recognized the resolution on application of administrative punishment which can be appealed within 10 days since the specified time according to the procedure, stipulated in Article 429-7.1 of this Code.

Article 429-4. Procedure for conducting proceeedings about administrative offense in case of making of administrative offense by the user of the vehicle belonging to the legal entity

429-4.1. If offenses, stipulated in Article 429-3.1 of this Code, are made by the transport driver, being in property or use of the legal entity, and in Central Information System of relevant organ of the executive authority there is no information on the physical person who had rights to vehicle control at the time of making of administrative offense, the authority (official) sends to this legal entity request about it.

429-4.2. Within 5 days from the moment of official receipt of request the legal entity shall provide to authority (official) of the information about the physical person who had rights to vehicle control at the time of making of administrative offense. The authority (official) within 3 days from the moment of receipt of such information constitutes the protocol on administrative offense without participation of person concerning which proceeedings about administrative offense are conducted. The protocol on administrative offense is brought in Central Information System of relevant organ of the executive authority until the end of the specified day, and person concerning whom it is conducted proceeedings about administrative offense is informed on the specified protocol according to the procedure, stipulated in Article 429-6.2 of this Code.

429-4.3. The legal entity who is not responding to the request, stipulated in Article 429-4.1 of this Code is made responsible for making of administrative offense, stipulated in Article 158-2 of this Code. Involvement of the legal entity to responsibility does not exempt it from obligation to provide the relevant information, and physical person - from responsibility for committed act.

Article 429-5. Procedure for conducting production in case of identification of event of administrative offense by directly authorized official

429-5.1. If administrative offenses against traffic regulations concerning which the right of hearing of cases about administrative offenses is carried to district (city) courts are revealed by directly authorized official, then in the procedure established by this Code the protocol which is taken to court for consideration is constituted. The court within 3 days from the moment of pronouncement of the resolution on the case of administrative offense sends it to relevant organ of the executive authority for entering into Central Information System. The relevant organ of the executive authority enters the specified resolution into Central Information System in day of its receipt. Person in whose relation the decree on the case of administrative offense is issued is informed on this resolution according to the procedure, stipulated in Clause 429-6.2 of this Code.

429-5.2. If administrative offenses against traffic regulations concerning which the right of hearing of cases about administrative offenses is carried to authority (official) are revealed by directly authorized official, and person concerning whom proceeedings about administrative offense are conducted agrees with availability of event of administrative offense, then the decree on application of administrative punishment is issued.

429-5.3. If person concerning whom proceeedings about administrative offense are conducted does not agree with availability of event of administrative offense, then the authorized official constitutes the protocol on administrative offense.

429-5.4. The resolution on application of administrative punishment or the protocol on administrative offense is constituted by means of board computer, established in the operational vehicle, and immediately, and in case of lack of such computer - until the end of this day is entered into Central Information System of relevant organ of the executive authority, and person concerning whom case on administrative offense is processed is informed on it according to the procedure, stipulated in Article 429-6.2 of this Code. The authority (official) issues on site the copy of the resolution on application of administrative punishment or the protocol on administrative offense on paper to person concerning whom proceeedings about administrative offense are conducted, and also in the presence of the address - to the victim on the case of administrative offense.

429-5.5. If person who made the administrative offense provided by Articles 158-1.1 or 158-1.2 of this Code is not near the vehicle, concerning the user of the vehicle the protocol on administrative offense with carrying out photo and video filming without participation of person who made administrative offense is constituted, and the vehicle is towed on the supervised parking. In this case in the protocol on administrative offense the address of the parking on which the vehicle is towed is specified. The protocol is constituted by means of board computer, established on the operational vehicle, and immediately entered into Central Information System of relevant organ of the executive authority, and person concerning whom case on administrative offense is processed is informed on this protocol according to the procedure, stipulated in Article 429-6.2 of this Code.

429-5.6. If person who made the administrative offense provided by Articles 158-1.1 or 158-1.2 of this Code is not near the vehicle and the vehicle cannot be towed off on the supervised parking, concerning the user of the vehicle the protocol on administrative offense with carrying out photo and video filming without participation of person who made administrative offense is constituted. The copy of this protocol, with appendix of the photo or video records proving approach of event of administrative offense and its making by the driver of certain vehicle is attached to vehicle windshield. The protocol is constituted by means of board computer, established on the operational vehicle, and immediately entered into Central Information System of relevant organ of the executive authority, and person concerning whom case on administrative offense is processed is informed on this protocol according to the procedure provided by Articles 429-6.2.1 and 429-6.2.2 of this Code.

Article 429-6. Informing on the protocol on administrative offense and the resolution on the case of administrative offense

429-6.1. The protocol on administrative offense entered into Central Information System of relevant organ of the executive authority or the resolution on the case of administrative offense is introduced in electronic procedure at that time, and also in information system of relevant organ of the executive authority.

429-6.2. The user of the vehicle who made administrative offense (and also the legal entity in connection with the vehicles which are in its property or use) is informed on the protocol on administrative offense and the resolution on the case of administrative offense in the following procedure:

429-6.2.1. the information system of relevant organ of the executive authority introduces the electronic protocol on administrative offense or the resolution on the case of administrative offense and their appendices in the "electronic office" created on information Internet resource for each user of the vehicle and directs to the e-mail address (in the presence) faces concerning which proceeedings about administrative offense are conducted;

429-6.2.2. at the same time the information system of relevant organ of the executive authority immediately sends to mobile telephone number of the user of the vehicle free SMS information on making of administrative offense, the summary of committed offense, the place of making of offense, Article of this Code according to which there was administrative prosecution, the penalty amount, number of the electronic protocol on administrative offense or resolutions on the case of administrative offense, the Internet address of "electronic office" on which it is possible to study this document and the materials attached to it, and procedure for access to it;

429-6.2.3. having printed out the electronic protocol on administrative offense or the resolution on the case of administrative offense together with the materials attached to it on paper, the authority (official) within 2 days from the moment of making of administrative offense hands it in official procedure, stipulated in Article 370-1 of this Code.

429-6.3. When carrying out state registration of the vehicle, stipulated in Item 1 part II of article 27 of the Law of the Azerbaijan Republic "About traffic", physical persons shall provide to the body performing state registration registration address and residence, number of the mobile phone and, in the presence, the e-mail address, number of the car driver license, and legal entities - the corresponding information about person (transport driver) to whom vehicle control is entrusted, and in case of change of these data to update them within three days. The relevant organ of the executive authority shall provide the corresponding opportunity for transfer and updating of data in electronic procedure by means of phone, mail and the Internet.

Article 429-7. Procedure for consideration of the claim to the resolution on the case of administrative offense

429-7.1. Person concerning whom the decree on the case of administrative offense is issued within 10 days from the moment of informing on making of administrative offense according to the procedure, stipulated in Article 429-6.2.3 of this Code, or recognitions of the protocol on administrative offense by the resolution on the application of administrative punishment according to the procedure provided by articles 429-3.5-ci ve 429-3.7 this Code can make the complaint in higher body (official) or court. The claim is submitted personally or goes by means of mail, or the Internet.

429-7.2. If in case of appeal of the resolution on the case of administrative offense in higher body (official) the higher body (official) after viewing of the video registered by means of video surveillance and conducting trial reveals the bases for cancellation of the resolution, then it cancels the resolution on the case of administrative offense, and in case of lack of such bases makes the decision on leaving without change of the resolution on the case of administrative offense.

429-7.3. Resolutions, stipulated in Article 429-7.2 of this Code, are entered into Central Information System of relevant organ of the executive authority, and person concerning whom proceeedings about administrative offense are conducted, it is informed on this resolution according to the procedure, stipulated in Article 429-6.2 of this Code.

Article 429-8. Procedure for conducting production on offenses in connection with non-execution of the resolution on application of administrative punishment in the form of administrative penalty for making of administrative offenses against traffic regulations

If person who made administrative offense, stipulated in Article 313-2.2 of this Code is called by authority (official) for creation of the protocol on this administrative offense according to the procedure provided by Articles 370-1 - 370-4 of this Code, and intentionally evades from appearance, the protocol on administrative offense is constituted without participation of person who made administrative offense and together with the relevant documents goes to the relevant court for consideration.".

10. In the first offer of Article 451.3 of the word "Except as Specified, Stipulated in Article 452.1 of This Code, Administrative" to replace with the word "Administrative" and after the word of "party" to add with the word "only".

11. In the first offer of the first part of Article 451.7 and the first offer of the first part of Article 451.8 of the word "2 percent" shall be replaced with words "1 percent".

12. In the fifth offer of the second part of Article 451.7 and in the third part of Article 451.8 of the word "3 working days" shall be replaced with words "5 working days".

13. Add with Article 451.7-1 of the following content:

"451.7-1. If employment relationships of the employer and transport driver who is in property or use of the employer being legal entity or physical person, are terminated after making of administrative offense, and person who made administrative offense will not pay administrative penalty within 2 months, the decision on restriction of the right of person who made administrative offense to control of vehicles without decision making is made on detention of the vehicle, and the decision goes for forced execution for the purpose of ensuring payment of penalty.".

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