Document from CIS Legislation database © 2003-2018 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of December 7, 1999 No. 767-IQ

About prosecutor's office

(The last edition from 17-11-2017)

Chapter I. General provisions

Article 1. The concepts used in the Law

In this Law the following concepts are used:

the prosecutor - the Attorney-General of the Azerbaijan Republic, all subordinate prosecutors, deputy prosecutors, senior assistants of prosecutors, assistants to prosecutors, chiefs of managements, departments, deputy chiefs, the senior prosecutors-methodologists, the senior prosecutors, prosecutors and prosecutors-criminalists of departments;

the investigator - the senior special investigators, special investigators, the senior investigators, investigators, investigators-trainees;

the field investigator - the senior field investigators on important issues and field investigators on important issues of Head department on fight against corruption in case of the Attorney-General of the Azerbaijan Republic;

prosecutors are prosecutors, investigators of prosecutor's office, field investigators of prosecutor's office, trainees of prosecutor's office;

trainees of prosecutor's office - persons for the first time mastering work experience in bodies of prosecutor's office.

Article 2. Prosecutor's office of the Azerbaijan Republic

The prosecutor's office of the Azerbaijan Republic (further - "prosecutor's office") is single centralized body which, logging in judicial authority, is based on subordination of territorial and specialized prosecutor's offices to the Attorney-General of the Azerbaijan Republic.

Creation of extraordinary prosecutor's offices, prosecutor's offices of foreign states or creation of prosecutor's offices according to the procedure, not provided by this Law, is forbidden.

Article 3. Legislation on prosecutor's office

The legislation on prosecutor's office consists of the Constitution of the Azerbaijan Republic, this Law, other laws and international treaties supported by the Azerbaijan Republic.

Article 4. Activities of prosecutor's office

Prosecutor's office in the cases provided by the law and procedure:

brings criminal case and carries on pretrial investigation, and also performs operational search activities for the purpose of ensuring initiation of legal proceedings or investigation for the crimes connected with corruption;

performs procedural management of preliminary inquiry on criminal case and provides compliance with laws;

exercises control of execution and application of the laws in activities of bodies of inquiry and operational search bodies;

brings the suit (submits the application) in court, takes part in quality of the claimant by hearing of cases on civil and economic disputes;

takes part as the party by consideration in court of criminal cases, protects crown case;

gives protest against the judgments;

takes part in goal achievement of the penalties imposed by courts.

Assignment on prosecutor's office of the obligations which are not provided by the Constitution, this Law and the procedural legislation is not allowed.

Article 5. Basic principles of activities of prosecutor's office

Treat the basic principles of activities of prosecutor's office:

legality;

equality of all before the law;

observance and respect of the rights and freedoms of physical persons, rights of legal entities;

objectivity, impartiality and reference to the facts;

unity and centralization, subordination of territorial and specialized prosecutors to the Attorney-General of the Azerbaijan Republic;

political independence.

Article 6. International backgrounds of prosecutor's office

The prosecutor's office in stipulated by the legislation procedure establishes connection with relevant organs of foreign countries and the international organizations and within the powers takes part in the solution of the questions following from the international treaties supported by the Azerbaijan Republic.

Article 7. Inadmissibility of intervention in activities of prosecutor's office and disrespect for prosecutor's office

Restriction by this or that person for any of several reasons directly or indirectly of legal activities of prosecutor's office, impact on it, threats, illegal intervention in it, and also disrespect for prosecutor's office is not allowed and involves stipulated by the legislation responsibility of the Azerbaijan Republic.

Chapter II. System and organization of prosecutor's office

Article 8. System and organization of prosecutor's office

Prosecutor's offices of the Azerbaijan Republic log in:

Prosecutor General's Office of the Azerbaijan Republic;

Head department on fight against corruption in case of the Attorney-General of the Azerbaijan Republic;

Military prosecutor's office of the Azerbaijan Republic;

Prosecutor's office of the Nakhchivan Autonomous Republic;

Military prosecutor's office of the Nakhchivan Autonomous Republic;

district (city) prosecutor's offices;

military specialized prosecutor's offices;

scientific educational institutions, press organs, other structures of typographical, social, economic appointment.

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