PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of September 12, 2005 No. 292

About additional measures in the field of regulation of turnover of objects with limited civil circulation

Due to the application of the Law of the Azerbaijan Republic "About the list of objects which can belong to certain participants of civil circulation and which stay in turnover is allowed on the basis of special permission (with limited civil circulation)" I decide:

1. Approve "Rules of issue of special permission to turnover of objects which can belong to certain participants of civil circulation and which stay in turnover is allowed on the basis of special permission (with limited civil circulation)" (Appendix 1 is applied).

2. Approve "The list of the central executive bodies issuing special permission to turnover of objects which can belong to certain participants of civil circulation and which stay in turnover is allowed on the basis of special permission (with limited civil circulation)" (Appendix 2 is applied).

3. To the Cabinet of Ministers of the Azerbaijan Republic in a month:

3.1. approve in coordination with the President of the Azerbaijan Republic the draft of Rules of control of turnover of objects with limited civil circulation and observance of its conditions, and also additional terms of turnover of objects;

3.2. resolve other issues following from this Decree.

4. This Decree becomes effective from the date of publication.

Appendix 1

Approved by the Presidential decree of the Azerbaijan Republic of September 12, 2005 No. 292

Rules of issue of special permission to turnover of objects which can belong to certain participants of civil circulation and which stay in turnover is allowed on the basis of special permission (with limited civil circulation)

I. General provisions

1.1. These rules are prepared on the basis of the Presidential decree of the Azerbaijan Republic of February 12, 2004 No. 26 "About application of the Law of the Azerbaijan Republic "About the list of objects which can belong to certain participants of civil circulation and which stay in turnover is allowed on the basis of special permission (with limited civil circulation)" and regulates issue of special permission to turnover of objects with limited civil circulation (further - turnover of objects).

1.2. Special permission to turnover of objects is issued by the bodies of the central executive authority determined by the President of the Azerbaijan Republic (further - state bodies) according to these rules.

1.3. Special permission can be issued to legal entities and physical persons (further - the applicant).

1.4. Recognition in the Azerbaijan Republic of special permissions to turnover of the objects issued by foreign states is determined by interstate agreements which the Azerbaijan Republic joined. In case of lack of the specified interstate agreements the special permission which is required for turnover of objects is issued according to these rules.

1.5. The owner of the special permission issued on turnover of objects can use the special permission issued to it and cannot give him to other person. Action of the special permission issued on turnover of objects does not extend to legal entities whose founder is the owner of special permission, and also other persons acting together with the owner of special permission, including acting on the basis of the agreement on cooperation signed with it.

1.6. In cases, stipulated by the legislation, special permission to turnover of objects is issued to the state companies or joint-stock companies which controlling stock the state owns.

1.7. Depending on type for turnover of objects the rules other than the rules of issue of special permission established by the legislation of the Azerbaijan Republic and these rules can be determined. In that case these rules do not extend to turnover of the specified objects.

II. Issue of special permission to turnover of objects

2.1. For receipt of special permission to turnover of objects the applicant submits stated below documents to the state body issuing the corresponding special permission:

2.1.1. the statement for receipt of special permission to turnover of objects containing stated below;

2.1.1.1. for legal entities - the name, legal address, type of business activity;

2.1.1.2. for physical persons - name, middle name, surname, data of the identity certificate (series, number when also by whom it is issued, the address), type of business activity;

2.1.2. the following documents are enclosed to the application:

2.1.2.1. the copy of the relevant document on statement of the applicant on tax accounting;

2.1.2.2. depending on characteristics of objects and features of turnover:

2.1.2.2.1. in cases, stipulated by the legislation, - the copy of the license;

2.1.2.2.2. in cases, stipulated by the legislation, - the conclusion of relevant organ of the executive authority;

2.1.2.2.3. the documents reflecting the additional terms determined by the Cabinet of Ministers of the Azerbaijan Republic.

2.2. It is forbidden to require from the applicant the documents which are not provided by these rules and other legal acts for receipt of special permission to turnover of objects that results in responsibility according to the procedure, provided by the law.

2.3. The documents submitted for receipt of special permission to turnover of objects are accepted by the relevant state body issuing special permission, are registered in the special book and are considered in accordance with the established procedure. In case of absence in the submitted documents of shortcomings or bases for refusal, since day of document registration in the relevant state body, no later than 10 days the decision on issue of special permission to turnover of objects is made.

2.4. In case of identification of shortcomings of the submitted documents, the relevant state body issuing special permission no later than 3 days reports about it in writing to the applicant with indication of the shortcomings which are available in the submitted documents. After elimination by the applicant of shortcomings of the submitted documents and repeated submission of documents, they are considered within 5 days by the relevant state body, and the relevant decision is made.

2.5. In issue of special permission to turnover of objects it can be refused only the cases provided by legal acts.

2.6. If refuse to the applicant issue of special permission to turnover of objects, about it written information within 10 days with indication of the causes of failure provided by legal acts is provided to it. Concerning refusal in issue of special permission to turnover of objects the complaint administratively and (or) in court can be made.

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