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LAW OF THE AZERBAIJAN REPUBLIC

of January 10, 1995 No. 947

About approval of the Regulations on liability of the military personnel for the damage caused to the state

(as amended on 17-05-2011)

The national assembly of the Azerbaijan Republic decides:

1. Approve Regulations on liability of the military personnel for the damage caused to the state.

2. This Law becomes effective from the moment of signing.

 

President

Azerbaijan Republic Heydar ALIYEV

Regulations on liability of the military personnel for the damage caused to the state

This Provision regulates bases of responsibility of the military personnel and the persons liable for call-up called on collection for the material damage caused to the state, procedure for determination of the size and compensation of the caused damage.

I. General provisions

1. The military personnel - officers, gizir, warrant officers, soldiers, sailors, sergeants, the chavush of conscription and extra urgent service which are in the military service in the Armed Forces, Border troops, other military forming of the Azerbaijan Republic created according to the legislation of the Azerbaijan Republic the persons liable for call-up called on charges, cadets of military educational institutions guilty of damnification to the state in case of execution by them of the service duties provided by army regulations, orders and other acts bears financial responsibility according to this Provision.

These persons bear liability in all-civil procedure for the damage caused not on duty.

2. Except as specified, stipulated in Article 7-1 this provision and other legislation of the Azerbaijan Republic, the valid damage caused to the state is subject to compensation.

Military personnel and persons liable for call-up called on charges do not bear liability for the damage caused to the state when the damage is caused owing to fair execution of the order of the commander (chief) or the office risk justified in these specific conditions or is caused by lawful actions.

3. Compensation of damage by the military personnel and the persons liable for call-up called on charges is made irrespective of attraction them to disciplinary or criminal liability for action (failure to act) to which the damage to the state is caused.

In case of criminal prosecution of person which caused damage to the state, the commander (chief) shall make to it the civil action on full amount of uncompensated damage.

4. Military personnel and persons liable for call-up called on charges who caused damage to the state can compensate voluntarily it fully or partially.

5. According to the legislation of the Azerbaijan Republic supervision of exact and uniform execution of this provision is performed by the Attorney-General of the Azerbaijan Republic and the military prosecutors subordinated to it.

II. Financial responsibility

6. Military personnel and persons liable for call-up called on charges bear liability in the amount of the caused damage for the damage caused owing to negligent execution by them of the service duties provided by army regulations, orders and other acts, but not from above: military personnel of conscription service and cadets - two-month salary of monetary pay; the persons liable for call-up called on charges - the monthly size of daily allowance, other military personnel - monthly salary of monetary pay, except as specified, provided by this Provision and the legislation of the Azerbaijan Republic which set other limits of financial responsibility.

Military builders of military and construction groups (parts) in the cases provided by this Article bear financial responsibility in the amount of the caused damage, but not over average monthly earnings.

7. Military personnel and persons liable for call-up called on charges bear financial responsibility in complete extent of the damage caused on their fault to the state in cases:

intentional destruction, damage, spoil, plunder, illegal expenditure of military property or damnification by other intentional actions, irrespective of whether they attract criminal liability;

additions of actually outstanding works in job specifications and other documents, misstatements of reporting data and deception of the state in other forms;

shortage, and also destruction or spoil of the military property transferred to them on receipt;

damnifications by person who was in a state of intoxication;

damnifications by the action attracting criminal liability.

7-1. Military personnel and persons liable for call-up called on charges bear liability for the damage caused as a result of theft, waste or shortage of separate types of military property which list is approved by relevant organ of the executive authority of the Azerbaijan Republic, in repeated size of cost of this property. The limit of compensation for the caused damage is determined according to the procedure, established by relevant organ of the executive authority of the Azerbaijan Republic.

8. The military property is understood as all types of arms, military and other equipment, ammunition, fuel, food, ware, engineering, chemical, room property, others material and the money which is under authority of military units, organizations, military schools, companies and organizations, Armed Forces, Border troops of the Azerbaijan Republic, other military forming created according to the legislation of the Azerbaijan Republic.

9. Commanders (chiefs) for the damage caused to the state by their subordinates are brought to financial responsibility in the amount of the caused damage, but not over monthly salary of monetary pay when these commanders (chiefs) the wrong orders broke established procedure of accounting, storages, uses, expenditures and transportations of military property, did not take necessary measures to prevention of plunder, destruction, damage and spoil of military property, compensation by perpetrators of the damage caused to the state.

10. Giziri, warrant officers, the military personnel of extra urgent service, officers bear liability in the amount of the caused damage for the damage caused on their fault by wagon demurrages, courts and cars, but not over monthly salary of monetary pay.

11. Commanders (chiefs) of military units, organizations, military schools, companies and organizations guilty of wrongful dismissal or the translation of the worker or employee for other work, completely indemnify the loss caused in connection with payment for time of induced truancy or during accomplishment of below-paid work, but not over three monthly salaries of monetary pay.

12. Military personnel and persons liable for call-up called on charges in case of causing on their fault of the loss to the third parties indemnified according to the current legislation military unit, organization, military school, the company and the organization shall indemnify this loss according to the procedure, provided by this Provision.

III. Damage assessment and procedure for its compensation

13. The extent of the damage caused to the state is determined by the actual losses based on data of accounting, proceeding from retail prices.

When wholesale prices exceed retail prices, the damage is determined by wholesale prices. The extent of the damage caused to the military property acquired according to agreements is determined by the prices of agreements.

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