RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of July 27, 2017 No. 308

About approval "Procedure for placement, updating on the Elektronnoye Pravitelstvo portal and obtaining by credit bureaus of the negative information constituting credit stories"

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 credit bureaus" of October 28, 2016" of December 7, 2016 the No. 1145 Cabinet of Ministers of the Azerbaijan Republic decides No. 384-VQ:

Approve "Procedure for placement, updating on the Elektronnoye Pravitelstvo portal and obtaining by credit bureaus of the negative information constituting credit stories" it (is applied).

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of July 27, 2017 No. 308

Procedure for placement, updating on the Elektronnoye Pravitelstvo portal and obtaining by credit bureaus of the negative information constituting credit stories

1. General provisions

1.1. This Procedure is prepared based on article 17.5 of the Law of the Azerbaijan Republic "About credit bureaus" and establishes procedure for placement, updating on the Elektronnoye Pravitelstvo portal (further - the Portal) and obtaining by credit bureaus of the negative information constituting credit stories (further - information).

1.2. The below-specified suppliers of information provide information according to the procedure, established in Item 2.2 of this Procedure:

1.2.1. central and local executive bodies, courts (in the cases provided in the Administrative Procedure Code of the Azerbaijan Republic when they perform measures for execution of the judgment), notaries and bodies of forced execution;

1.2.2. Central Bank of the Azerbaijan Republic, Chamber on control of the financial markets of the Azerbaijan Republic and National Council of television and radio of the Azerbaijan Republic (about information provided in subitems 2.5.1 and 2.5.2 of this Procedure on the cases on administrative offenses considered by them).

1.3. The technical capabilities necessary for placement, updating of information on the Portal the suppliers of information provided in Item 1.2 of this Procedure, and obtaining by its credit bureaus are provided with the Ministry of Communications and Information Technologies of the Azerbaijan Republic by means of the Portal.

1.4. In this Procedure the concepts provided in the Law of the Azerbaijan Republic "About credit bureaus" are used.

2. Placement of information by suppliers of information on the Portal and its updating

2.1. The suppliers of information provided in Item 1.2 of this Procedure place on the Portal the negative information about the subject of credit history without their consent.

2.2. Information provided in subitems 2.5.1 and 2.5.2 of this Procedure is placed in the part relating to their activities, courts (except for the Constitutional Court of the Azerbaijan Republic and the Supreme Court), bodies of forced execution and notaries by means of the Ministry of Justice of the Azerbaijan Republic, the Constitutional Court of the Azerbaijan Republic and the Supreme Court, central and local executive bodies (including on behalf of the structures which are entering and not entering into their structure, being under their supervision), the Central Bank of the Azerbaijan Republic, Chamber on control of the financial markets of the Azerbaijan Republic and National Council of television and radio of the Azerbaijan Republic place information directly on the Portal.

2.3. Credit bureaus, the Ministry of Justice of the Azerbaijan Republic, the Constitutional Court of the Azerbaijan Republic and the Supreme Court, central and local executive bodies (including, on behalf of the structures which are entering and not entering into their structure, being under their supervision), the Central Bank of the Azerbaijan Republic, Chamber on control of the financial markets of the Azerbaijan Republic and National Council of television and radio of the Azerbaijan Republic integrate the information systems into the Portal.

2.4. Integration into the Portal of the information systems specified in Item 2.3 of this Procedure is performed based on the appeal of the relevant structures, according to "The regulations on the Elektronnoye Pravitelstvo portal approved by the Presidential decree of the Azerbaijan Republic of February 5, 2013 No. 813.

2.5. Suppliers of information place on the Portal on jurisdiction the following information, with indication of the data required for identification of the subject of credit history, established by Chamber on control of the financial markets of the Azerbaijan Republic:

2.5.1. the amount of the penalty which is subject to payment and other sanction, the alimony, taxes and fees on social insurance, other obligatory payments, penalty, insurance premium, the debt following from the debt agreements approved in notarial procedure, municipal debts and the term of their payment;

2.5.2. any other information influencing assessment of solvency of the subject of credit history and discipline of execution of debt obligations provided that inclusion of this information in credit history is not illegal.

2.6. Suppliers of information place on the Portal information provided in subitems 2.5.1 and 2.5.2 of this Procedure within 1 (one) working day from the date of their obtaining.

2.7. Updating of information placed on the Portal according to the procedure specified in Item 2.6 of this Procedure is made within 1 (one) working day since emergence of changes in them.

2.8. Placement and updating of information is performed by the responsible persons designated in the relevant government institutions. These persons make placement and updating of information after passing on the Portal of authentication based on the certificate of the strengthened digital signature.

3. Receipt of information by credit bureaus

3.1. Access of credit bureaus to information placed on the Portal is provided with the responsible persons who underwent on the Portal authentication based on the certificate of the strengthened digital signature.

3.2. Credit bureaus obtain information placed on the Portal, in real time, based on request by means of web services, electronically.

3.3. The credit bureau shall accept information requested by it and in this case in information base of credit stories receipt of this information from the Portal is specified.

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