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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of May 12, 2011 No. 79

About approval of Rules of assignment and change of name, middle name and surname

(The last edition from 02-10-2013)

For the purpose of ensuring execution of Item 1.3 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About entering of amendments into the Family code of the Azerbaijan Republic" of May 31, 2010 No. 1016-IIIQD" of July 14, 2010, the No. 294 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules of assignment and change of name, middle name and surname" it (is applied).

2. Repeal the resolution of Council of Ministers of the Azerbaijani SSR "About approval of the Regulations on rules of consideration of requests of the citizens connected with change of surnames, names and middle names of citizens of the USSR" of September 27, 1971 No. 317

3. This resolution becomes effective from the date of signing.

Prime Minister of the Azerbaijan Republic

A.Раси-Заде

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of May 12, 2011 No. 79

Rules of assignment and change of name, middle name and surname

1. General provisions

1.1. These rules are prepared for the purpose of ensuring execution of Item 1.3 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About entering of amendments into the Family code of the Azerbaijan Republic" of May 31, 2010 No. 1016-IIIQD" of July 14, 2010 No. 294 and regulate questions of assignment of names, middle names and surnames by district (city) departments of registration (further – departments of registration) the Ministries of Justice of the Azerbaijan Republic, in the territory of the Nakhchivan Autonomous Republic of the Ministry of Justice of the Nakhchivan Autonomous Republic, or in the cities of district subordination, settlements and villages by representations of the executive authority of the area, city, urban area (further – representations of the executive authority), concerning the citizens of the Azerbaijan Republic who are constantly living abroad, consulates (further - consulates), and also their changes of registration by departments or consulates.

1.2. Assignment of names, middle names and surnames to representatives of ethnic minorities, the small people and ethnic groups who are citizens of the Azerbaijan Republic of stateless persons which birth is registered in the territory of the Azerbaijan Republic and constantly living in the territory of the Azerbaijan Republic, and their change are performed according to their address according to these rules.

1.3. According to Article 26.1 of the Civil Code of the Azerbaijan Republic the name of each physical person consists of name, middle name and surname.

1.4. Appropriate name to the child which can cause damage to its interests and also not corresponding to sex of person, or the ridiculous name is forbidden.

1.5. The decision of body of registration on refusal in assignment of name or its change can be appealed administratively and (or) in court.

2. Assignment of name

2.1. According to article 53.2 of the Family Code of the Azerbaijan Republic to the child it is named with the consent of parents.

2.2. If between parents there is no consent concerning name of the child, then the arisen disagreement is solved guardianship and custody bodies of the local executive authority, taking into account provisions of these rules.

3. Assignment of middle name

3.1. The middle name is given to the child by name the father and if parents are not in scrap - by the name of persons, registered as the child's father.

4. Assignment of surname

4.1. The surname of the child is established, as a rule, by last name parents.

4.2. In case of distinction of surnames of the child, the surname of the father or mother in the consent of his parents is appropriated to it.

4.3. If between parents there is no consent concerning surname of the child, then the arisen disagreement is solved guardianship and custody bodies of the local executive authority, taking into account provisions of these rules.

5. Change of the termination of surname

5.1. The termination of surname of each citizen of the Azerbaijan Republic who reached 18 years changes according to its statement. Change of the termination of surname of persons which did not reach 18 years is performed according to the statement of their parents or other legal representatives (the adoptive father/adopter, the guardian, the custodian).

5.2. In case of change of the termination of surname at both parents, the termination of surnames at not reached 18 years also changes. The termination of surname of the child who reached 10 years changes only in its consent.

5.3. Due to the change in the termination of surname in the corresponding register of acts entry is made, and new certificates are granted.

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