of December 28, 1999
1.1. The procedure for civil administration of justice and to commercial disputes in courts of the Azerbaijan Republic is determined by the Constitution of the Azerbaijan Republic, the Law of the Azerbaijan Republic "About courts and judges", this Code, other laws, and also international treaties which the Azerbaijan Republic joined.
1.2. Regulations of the Constitution of the Azerbaijan Republic have the highest legal force and direct action in all territory of the Azerbaijan Republic. In the presence of contradictions between the regulations of the Constitution of the Azerbaijan Republic and regulations regulating procedure for legal proceedings regulations of the Constitution of the Azerbaijan Republic are applied.
1.3. The legal acts canceling or limiting the rights and freedoms of man and citizen in the field of civil procedural activities and also which are breaking independence of court when implementing justice and the principle of competitiveness of the parties, and equally giving to proofs predefined force cannot be adopted.
1.4. Procedural precepts of law which are available in other laws shall be brought into accord with provisions of this Code.
1.5. If in international treaties which the Azerbaijan Republic joined the rules other than the procedural legislation then are established rules of the international treaty are applied.
1.6. When implementing judicial proceedings on civil cases and commercial disputes in the Alyatsky free economic zone requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone" are considered.
Note: in this Code "commercial disputes" are implied as the disputes connected with implementation of business activity.
2.1. Task of civil administration of justice and to commercial disputes is judicial confirmation (recognition) of the rights and interests of each physical or legal entity which follow (proceed) from the Constitution of the Azerbaijan Republic, the laws and other regulatory legal acts.
3.1. Legal proceedings are made based on the civil procedural law existing during consideration of the case, production of separate legal proceedings or execution of the court ruling.
3.2. In the territory of the Azerbaijan Republic, irrespective of any circumstances, the civil procedural legislation of the Azerbaijan Republic is effective.
3.3. Outside the territory of the Azerbaijan Republic provisions of the civil procedural legislation of the Azerbaijan Republic are applied on sea, river or aircrafts which go under National flag or have identification marks of the Azerbaijan Republic, or in ports where they are.
3.4. In international treaties which the Azerbaijan Republic joined also other rules of application in space of the civil procedural legislation of the Azerbaijan Republic can be established.
4.1. All physical persons and legal entities have the right according to the procedure, established by the law, to use judicial protection for the purpose of protection and providing the rights and freedoms protected by the law, and is equal also interests.
4.2. The disclaimer of appeal to the court is invalid.
4.3. If the procedure for pre-judicial (claim) settlement for commercial disputes of certain category is established by the law or if it is provided by the contract between the parties, the dispute, after observance of the specified procedure can be transferred to permission of commercial court.
4.4. It is excluded according to the Law of the Azerbaijan Republic of 28.12.2018 No. 1436-VQD
5.2. In the cases provided by the law, proceedings can be initiated as well according to the statement of person or body for protection of the rights and interests of other person or other persons, or interests of the state.
5.5. Case which is in production of court of any instance cannot be requested, except as specified, provided by this Code.
Justice on civil cases and commercial disputes is jurisdictional only to courts and is performed by courts according to the procedure, established by the law.
7.2. Judges resolve civil cases and commercial disputes in the conditions excluding foreign impact.
7.3. Direct or indirect restriction by strangers of legal proceedings, illegal impact, threats, intervention in legal proceedings which attract the responsibility provided by the law are inadmissible.
8.1. Justice on civil cases and commercial disputes is performed on the basis of the principle of equality of all before the law and court.
8.2. The court equally treats all persons participating in case irrespective of their race, nationality, religion, language, origin, property status, official position, beliefs, belonging to political parties, labor unions and other public associations, the location, subordination of the legal entity, pattern of ownership and other distinctions which are not provided by the law.
8.3. Harm cannot be done to persons participating in case, the indulgence is rendered or privileges are provided, or it is refused indulgence and privileges on the bases, stipulated in Article 8.2 of this Code.
9.1. Justice is performed on the basis of competitiveness, equality of the parties and the facts.
9.2. The dispute in court cannot be considered without challenge and interrogation of persons participating in case. Persons participating in case shall represent each other data on proofs, proofs and legal conclusions on which they base the requirements other party could construct the protection against them.
9.3. The judge in all cases shall provide the principle of competitiveness of process. It shall motivate the decision only with those proofs, explanations of the parties and documents which were discussed by them on the basis of the principle of competitiveness of the parties. The court cannot prove the decision by the legal proofs pushed by it proceeding from official position without invitation of the parties.
10.1. Cases in courts are considered on the basis of the principle of publicity.
10.2. Cases in all courts are considered openly unless there are reasons for protection of the state, professional, trade secret, the mystery of private and family life, respect for interests of minors. During execution of the job responsibilities of the judge are allowed to work with the state secret without passing of stipulated by the legislation check.
10.3. If open hearing of cases in democratic society after reason of morals, public order, state security, and also in connection with other special circumstances infringes on interests of justice, judicial review or part it can be conducted is closed.
10.4. Person who is involved in judicial review for the purpose of protection along with secrecy of adoption, inheritances, trade, inventive or tax secret, other secrets as well the intimate parties of private and family life, can demand conducting the closed judicial review.
10.5. Determination about consideration of the case in the closed judicial session is accepted after hearing of persons participating in case.
10.6. At trial of case in the closed judicial session there are persons participating in case and their representatives and lawyers, If necessary their witnesses, experts, specialists and translators are invited.
10.7. Hearing of the case in closed meeting of court is conducted with observance of all rules of practice.
10.8. In courtroom persons more young than sixteen years if they are not persons participating in case or witnesses are not allowed.
10:10. Personal correspondence and personal cable messages can be announced in proceeding in open court only with the consent of persons to whom these correspondence and messages are addressed. The specified rules are applied as well in case of research audio-and the videos containing data of personal nature.
10:11. Judgments in all cases are proclaimed publicly.
10-1.1. Judicial proceedings on civil cases and commercial disputes in electronic procedure are performed through the information system "Electronic Court" according to the general procedural rules established by this Code.
10-1.2. Registration, departure, reception of applications, claims and other documents by court and participants of process electronically, electronic registration and electronic turnover of documents are performed according to the instructions for use the information system "Electronic Court" established by relevant organ of the executive authority together with the Supreme Court of the Azerbaijan Republic.
10-1.3. Judicial proceedings on commercial disputes, including departure, reception of applications, claims and other documents, and also transfer of court documents in court and to participants of process are performed through the electronic office created in the information system "Electronic Court".
10-1.4. Judicial proceedings on civil cases in courts where the information system "Electronic Court" is applied, including departure, reception of applications, claims and other documents, and also transfer of court documents to participants of process can be performed through the electronic information system "Electronic Court".
10-1.5. It is not allowed to require submission of documents, provided according to the procedure, provided by Articles 10-1.3 and 10-1.4 of this Code, in other form.
10-1.6. Opportunity to watch judicial session in real time can be organized by a court decision based on the statement of the party which cannot be present at meeting, and in the presence on it technical capabilities.
10-1.7. In the information system "Electronic Court" for electronic document management the strengthened digital signature and the certified digital signature facilities are used.
10-1.8. The work materials constituted in electronic form according to the procedure, provided by the Law of the Azerbaijan Republic "About the digital signature and the electronic document", are equated to materials on papers and have legal force, identical with them.
11.1. Civil administration of justice and to commercial disputes is conducted in state language of the Azerbaijan Republic - Azerbaijani or in language of the majority of the population of this area.
11.2. The right to study all case papers, to make statements, to offer explanations and indications, to act in court, to declare petitions, to make complaints in the native language, and also free of charge to use translation service according to the procedure, established by this Code is provided and explained to the persons who are participating in case, but not knowing language in which legal proceedings are conducted.
11.3. Court documents are handed to persons participating in case in language in which legal proceedings are conducted.
12.1. Civil cases and commercial disputes in Trial Courts are considered by the judge solely.
12.2. Cases in appeal procedure are considered with participation of the chairman and two other judges, and in cassation procedure - with participation of the chairman and two or more judges.
13.1. The court resolves disputes based on the Constitution of the Azerbaijan Republic, legal acts adopted by referendum, the laws, presidential decrees of the Azerbaijan Republic, resolutions of the Cabinet of Ministers of the Azerbaijan Republic, regulatory legal acts of the central executive bodies, and also international treaties which the Azerbaijan Republic joined.
13.2. If when considering the case the court will find contradiction between regulatory legal acts, it makes the decision based on the regulatory legal act having bigger legal force.
13.3. In the presence of contradictions between the regulatory legal acts which are a part of the system legislations of the Azerbaijan Republic (except for Constitutions of the Azerbaijan Republic and the acts adopted by referendum) and international treaties which the Azerbaijan Republic joined provisions of the international treaty are applied.
13.4. In case of lack of the precept of law regulating disputable legal relationship, the court addresses the precepts of law governing the similar relations.
13.5. In case of absence and such regulations, the court in the act proceeds from the ideas and the general principles of law and order.
13.6. On the cases which are in its production in connection with the questions concerning implementation of the human rights and freedoms, the court can appeal to the Constitutional court of the Azerbaijan Republic behind interpretation of the Constitution and the laws of the Azerbaijan Republic.
13.7. Interpretation of the Constitution and the laws of the Azerbaijan Republic surely for court if this interpretation is stated in the resolution of the Constitutional court of the Azerbaijan Republic.
14.1. The court for achievement of the truth creates necessary conditions for comprehensive, complete and objective investigation of case. For this purpose court: explains participating in case, to persons their procedural law and obligations, warns them about effects of actions which will be or will not be made, promotes implementation of their procedural law.
14.3. The court shall suggest the parties to stop legal proceedings by the conclusion of the voluntary settlement and the party, except as specified, provided by the law can recognize or refuse to recognize the claim.
14.4. Persons participating in case can protect the rights and interests personally, except as specified, when their representation in court is necessary. They for representation of the interests or implementation of the procedural law for the purpose of receipt of professional legal assistance, can independently choose the lawyer.
14.5. In case of absence at persons which are taking part in case, sufficient means for fee of the lawyer in cases when participation of the lawyer in process is obligatory under this Code for representation of the interests and implementation of procedural law they have the right to receive free (at the expense of the state) professional legal aid.
15.1. Court resolutions are adopted by court in the form of the decision, determination, the resolution and the order.
15.2. The become effective decisions, determinations, resolutions, orders of court are obligatory for all public authorities and local self-government, their officials, public associations, political parties, labor unions, their officials, and also physical persons and legal entities and are subject to obligatory execution in all territory of the Azerbaijan Republic.
15.3. Non-execution of court resolution, and also other cases of disrespect for court attract the responsibility provided by the law.
15.4. Obligation of court resolutions deprives of the interested persons of opportunity participating in case to take a legal action behind protection of the rights and the interests protected by the law if these court resolutions infringe on their interests.
15.5. Obligation of acts of foreign states, international courts and economic courts in the territory of the Azerbaijan Republic is determined by international treaties which the Azerbaijan Republic and this Code joined.
According to international treaties which the Azerbaijan Republic, the parties joined and also other persons participating in case after use of all legal remedies can turn to international courts.
17.1. Justice on civil cases and commercial disputes is performed by judges, the elected to structure of this court according to the procedure, established by the law.
17.2. The judge considering case solely or resolving other issues of process, or court in joint structure act on behalf of court. The judge considering case solely presides in process.
17.3. When considering the case all judges are equal.
18.1. All questions arising in case of joint trial of cases are solved judges on majority of votes. In case of the solution of each question none of judges have no right to abstain from vote. The chairman votes the last.
18.2. The judge not concordant with the solution of the majority can state in writing the special opinion which is filed, but in judicial session is not disclosed.
18.3. Judges during the meeting and vote, and also before the termination of completion date of service duties not disclose the mystery of meeting and vote.
19.1. Participation of the judge in consideration of the case is not allowed:
19.1.1. if he is not appointed to position according to the procedure, established by the legislation of the Azerbaijan Republic;
19.1.2. if according to the legislation of the Azerbaijan Republic is not that judge who is appointed for consideration of the case;
19.1.3. if he as the judge participated earlier in consideration of this case in Trial Court, in appeal and cassation instances, and also on newly opened circumstances.
19.2. The judge cannot be involved in consideration of the case and branch can be declared to it:
19.2.1. if he was the representative or the lawyer of one of the parties earlier or participated in case in quality of the witness, the expert, the specialist, the translator, court session secretary;
19.2.2. if it is one of the parties either is relative or was relative of one of the parties or her representative, or the lawyer;
19.2.3. if he personally, is directly or indirectly interested in the outcome of the case or there are other good causes raising doubts in his impartiality and objectivity.
19.3. Participation of persons who are relatives as a part of the court considering case is not allowed.
Note: "Relative" in this Code is understood as persons having general ancestors, finishing the grandfather and the grandmother, close relatives of spouses, spouses (a) of the grandfather, the grandmother, the parent, the adoptive father, native or the stepbrother and the sister, the child, the adopted person or the grandson or their close relatives. Grandfathers, grandmothers, parents, adoptive parents, the family and stepbrothers and sisters, the spouse (a), children, the adopted persons, grandsons treat close relatives.
20.1. The bases for branch specified in article 19 of this Code extend also to the expert, the specialist, the translator and the court session secretary.
20.2. The expert or the specialist, besides, cannot be involved in consideration of the case:
20.2.1. if it is or was in job dependency from the parties, other persons participating in case, either their representatives, or lawyers;
20.2.2. if it made audit which materials were the cause for appeal to the court or if these materials are used in consideration of the case;
20.2.3. in case his incompetence is found.
20.3. Participation of the expert, specialist, translator and court session secretary by the previous consideration of this case as respectively expert, the specialist, the translator, the court session secretary is not the basis for their branch.
21.1. In the presence of the circumstances specified in Articles 19 and 20 of this Code, the judge, the expert, the specialist, the translator, the court session secretary shall declare rejection. On the same bases branch can be declared by persons participating in case.
21.2. Branch or rejection shall be motivated and is declared prior to substantive prosecution. The latest statement of branch is allowed only in cases when the basis for it became the known court or person declaring branch after the beginning of consideration of the case.
21.3. The party telling branch to court shall prove its bases. If the evidence concerning the bases of branch will not be produced, branch remains the unconsidered court considering case.
21.4. If branch is declared after the performance of the parties in judicial session, in this case the party shall prove that circumstance that the reasons for branch became known to it later.
21.5. If branch is declared for the purpose of delay in legal procedure or arguments for branch being fictional, are not true, then in this case the party which declared branch can be fined to hundred ten manats.
21.6. The same person, his representative or the lawyer has no right to give to court repeated branch on the same bases against the same judge, the expert, the specialist, the translator or the court session secretary.
22.1. In case of the statement of branch the court shall listen to opinion of persons participating in case and also to hear person to whom branch is declared if taken away wishes to offer explanations.
22.2. The branch declared to the judge considering put solely, it is allowed by the chairman of justices.
22.3. The branch declared to one of judges by joint consideration for is considered by other judges for lack of taken away. In case of equal number of votes, given for branch and against branch, the judge is considered taken away. The branch declared to several judges or all structures of court considering case according to the procedure of the appeal or the cassation is allowed by the chairman of justices of appeal or cassation instance.
22.4. The question of removal of the expert, the specialist, the translator and the court session secretary is allowed by the judge or the court considering case.
22.5. If branch is declared considering case in Trial Court or the chairman of justices, or the judge of court with the single judge, then such branch for consideration goes to Appeal Court.
22.6. Concerning branch or rejection judicial determination which cannot be appealed is taken out.
23.1. In case of satisfaction of branch or rejection of the judge considering case in Trial Courts, case is considered in the same court, but with participation of other judges.
23.2. In case of satisfaction of branch or rejection of all structure of Trial Court or the judge of court with the single judge, case is submitted by Appeal Court of other Trial Court.
23.3. In case of satisfaction of branch or rejection of all structure of the court considering case it is joint, case is considered in the same court, but in other list of judges.
23.4. It is excluded
24.1. Courts of the Azerbaijan Republic perform protection and provide the violated and disputed rights and freedoms if their protection according to this Code and other laws is not performed in other, extrajudicial procedure.
24.2. Jurisdiction of dispute to court of general power or commercial court is determined by this Code taking into account the subject list of persons participating in case or matter in issue and nature of legal relationship.
25.1. The disputes which are not connected with implementation of business activity are considered by courts of general power according to the procedure of civil legal proceedings.
25.2. Courts of general power also consider the cases of special proceeding specified in article 305 of this Code, except as specified, stipulated in Article 26.2 of this Code, and the another matters carried by the law to their competence.
26.2. Commercial courts also consider the cases provided by Chapter 40-5 of this Code and also the cases provided by Chapters 35 and 40-2 of this Code if they are connected with business activity, and other cases referred by the law to their competence.
It is excluded
Cases in which foreigners, stateless persons and foreign legal entities participate are subordinated to courts if other is not provided by intergovernmental agreements, international treaties and the agreement of the parties.
In the cases provided by the law, international treaties or the agreement of the parties, the dispute subordinated to court from written consent of persons participating in case it can be transferred to permission of reference tribunal.
In case of combination of several requirements connected among themselves from which one are subordinated to court and others - to commercial court, all requirements are subject to consideration in commercial court.
31.1. Abuse of regulations of jurisdiction is not allowed.
31.2. The case accepted by court to production with observance of rules of jurisdiction shall be authorized to them in essence, at least further it became subordinated to other court.
32.1. Person participating in case can submit the application for jurisdiction of dispute to this or that court.
32.2. Person participating in case shall motivate the disagreement with determination of jurisdiction and declare it prior to substantive prosecution.
32.3. The judge on the initiative can establish not jurisdiction to court of dispute.
32.4. By consideration of question of jurisdiction the judge takes out motivated determination about the direction of case on jurisdiction or about variation of the statement for jurisdiction.
32.5. Determination about jurisdiction can be appealed by persons participating in case, in 10-day time from the date of delivery of determination by it according to the procedure, determined by Chapter of 21 of this Code.
32.6. Case goes from one court to other court after the expiration of appeal of determination about jurisdiction.
32.7. The case directed from one court to another shall be accepted court to which it is directed. Disputes between courts on judicial jurisdiction are not allowed. In case of disagreement between courts, case goes from one court to other court of cassation.
Distribution of powers between courts as Trial Court is determined by territorial hearing of cases by this Chapter.
The cases subordinated to courts are considered on the first instance by district (city) courts, commercial vessels.
35.1. The claim is made in court in the place of official registration of the defendant if other is not provided by the law.
35.2. The claim to the legal entity is made in the location of its legal address. The claims following from activities of affiliated enterprises of the legal entity are shown in the location of the address of the company.
35.3. The counter action irrespective of cognizance, is shown in court in the place of consideration of the original action.
36.1. The claim to the defendant whose residence is unknown or to the defendant who is not taking residences in the Azerbaijan Republic can be shown in the location of its property or in the last known place of his residence.
36.2. The claim to several defendants, official residences, the locations or legal addresses of which different, is shown at the official place of residence or in the location of legal address of one of defendants.
36.3. Recovery suits of the alimony and about paternity proof can be shown by the claimant also in the place of his residence.
36.4. Actions of rescission of marriage with persons serving custodial sanction can be shown at the place of residence of the claimant.
36.5. Actions of rescission of scrap can be made at the place of residence of the claimant also in case in case of it there are minor children or when for health reasons departure of the claimant to the residence of the defendant is represented difficult.
36.6. Compensatory actions, caused by mutilation or other damage of health, and also the death of the supporter, can be shown by the claimant also in the place of his residence or in the place of damnification.
36.7. The claims for recovery of labor, pension and housing laws, return of property or its cost connected with compensation of the damage caused to the physical person by illegal condemnation, illegal criminal prosecution, illegal application as measure of restraint of detention or recognizance not to leave or illegal imposing of administrative punishment in the form of arrest can be shown also at the place of residence of the claimant.
36.8. Claims for decisions of officials, administrative authorities which are granted the right to consider cases on administrative offenses, on imposing of penalties and other penalties can be also shown at the place of residence of the claimant.
36.9. Claims for consumer protection can be made at the place of residence of the claimant or on detention center or agreement performances.
36.10. Indemnification claims, the courts caused by collision, and also about collection of remuneration for assistance and rescuing at the sea, can be shown in the location of the vessel of the defendant or vessel's home port.
36.11. The claims following from agreements in which the place of execution is specified can be shown also in the place of agreement performance.
36.12. The claim to the defendant who is the citizen or the legal entity of the Azerbaijan Republic, but living (being) in the territory of other state can be shown in the location of the claimant or in the location of its property.
36.13. The choice between several courts to which according to Articles 36.1-36.12 of this Code jurisdictional case, belongs to the claimant, except for cognizance, stipulated in Clause the 39th of this Code.
Cases on establishment of the facts having legal value are considered in the location of the applicant, except for cases on factual determination of ownership of structure, construction, the parcel of land which are considered in the location of this structure, construction, parcel of land.
Insolvency matters (bankruptcy) are considered by court at the place of residence of the physical person which is the debtor and on the location address of the legal entity.
39.1. Claims for recognition of the property right to structure, construction, parcel of land, for reclamation of structure, construction, parcel of land from others adverse possession, for elimination of violations of the rights of the entrepreneur or other legal owner which are not connected with deprivation of the property right are shown in the location of structure, construction, parcel of land.
39.2. The claims of creditors of the testator made before inheritance acceptance by heirs are jurisdictional to court in the location of heritable property or its main part.
39.3. The claims to carriers following from transportation agreements of loads, passengers or baggage are shown in the location of management of transport organization.
40.2. The parties can under the agreement among themselves change territorial cognizance of moot case. The agreement is drawn up in writing.
40.3. The agreement is possible in that case when it is based on certain legal case or dispute.
40.4. Rules of Articles 40.1-40.3 of this Code cannot be applied if for dispute exclusive cognizance is provided.
By hearing of cases according to the procedure of mandative production the application is submitted by the rules of cognizance established by this Chapter.
By hearing of cases according to the procedure of the simplified production on cases on small claims the action for declaration is filed a lawsuit on the jurisdiction established by this Chapter.
The civil action following from criminal case if it was not declared or was not resolved in case of production of criminal case, is shown for consideration according to the procedure of civil legal proceedings by the rules about cognizance established by this Code.
43.1. The cases connected among themselves which are in production of different courts for the correct implementation of justice shall be considered together and on them the decision shall be passed. For this purpose case (cases) shall be taken to court which the first accepted in production one of connected among themselves put.
43.2. Consolidation of the cases in one production connected among themselves can be performed as according to the petition of persons participating in case, and on own initiative vessels.
44.1. The case accepted by court to production with observance of rules of cognizance shall be authorized to them in essence, at least further it became cognizable to other court.
44.2. The court submits case of other court:
44.2.1. if the defendant whose residence was not earlier known, declares the petition for case referral in the place of his residence;
44.2.2. if when considering the case in this court came to light that it was accepted to production with cognizance abuse of regulations;
44.2.5. if both parties submitted the petition for consideration of the case by court in the location of the main part of proofs;
44.2.6. in cases, stipulated in Article 43 of this Code.
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