Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

The document ceased to be valid since March 1, 2016 according to the Law of the Azerbaijan Republic of December 29, 2015 No. 96-VQ

Approved by the Law of the Azerbaijan Republic of July 11, 2000, No. 906-IQ

THE CODE OF THE AZERBAIJAN REPUBLIC ABOUT ADMINISTRATIVE OFFENCES

(as amended on 04-12-2015)

General part

Section I. General provisions

Chapter 1. Legislation of the Azerbaijan Republic on administrative offenses, its tasks and principles

Article 1. Legislation of the Azerbaijan Republic on administrative offenses

1.1. The legislation of the Azerbaijan Republic on administrative offenses consists of of this Code.

1.2. This Code is based on the Constitution of the Azerbaijan Republic, and also the commonly accepted regulations and the principles of international law.

1.3. The laws determining the administrative responsibility and providing imposing of collection on persons who made administrative offenses are applied only after their inclusion in this Code.

Article 2. Tasks of the legislation of the Azerbaijan Republic on administrative offenses

The legislation of the Azerbaijan Republic on administrative offenses has task protection of rights and freedoms of man and citizen, human health, sanitary and epidemiologic wellbeing of the population, public morals, property, economic interests of persons, public order and public safety, the environment, rules of management, strengthening of legality and the prevention of administrative offenses.

Article 3. Bases of the administrative responsibility

It is brought to the administrative responsibility and only such person who is found guilty of making of the administrative offenses provided by this Code is punished and made act (action or failure to act) having all other signs of structure of administrative offense.

Article 4. Principles of the legislation of the Azerbaijan Republic on administrative offenses

This Code is based on the principles of respect of rights and freedoms of man and citizen, legality, equality before the law, presumption of innocence, justice and the prevention of administrative offenses.

Article 5. Principles of respect of rights and freedoms of man and citizen

5.1. Rights and freedoms of man and citizen have the highest value. All state bodies (officials) who allowed violation of such rights and freedoms bear responsibility according to the procedure, established by the legislation of the Azerbaijan Republic.

5.2. This Code provides the prevention with state bodies (officials) of violation of rights and freedoms of man and citizen and respect for these rights and freedoms.

5.3. In case of application of measures of ensuring production for cases on administrative offenses the publication of resolutions and making of the actions degrading human dignity is inadmissible.

Article 6. Principle of legality

6.1. Administrative punishments for administrative offenses are applied according to this Code.

6.2. Observance of requirements of the legislation in case of application of measures of ensuring production for cases on administrative offenses is provided with managerial supervision of higher bodies and officials, judicial and public prosecutor's supervision and the right of appeal.

6.3. Application of the legislation of the Azerbaijan Republic on administrative offenses by analogy is inadmissible.

Article 7. Principle of equality before the law

7.1. Persons who made administrative offenses are equal before the law irrespective of race, nationality, religion, language, floor, origin, property or official position, beliefs and other circumstances. Nobody can be brought to the administrative responsibility or is exempted from the administrative responsibility or to anybody administrative punishment or softer administrative punishment on the bases provided by this Article cannot be applied.

7.1-1. Immunity of the former President of the Azerbaijan Republic and his spouse (her spouse) in connection with the administrative responsibility is regulated by the Constitutional Law of the Azerbaijan Republic "About providing the former President of the Azerbaijan Republic and members of his family".

7.2. Legal entities are brought to the administrative responsibility irrespective of pattern of ownership, the location, legal form and subordination.

Article 8. Principle of presumption of innocence

8.1. Person concerning whom proceeedings about administrative offense are conducted is found not guilty if his guilt is not proved according to the procedure, provided by this Code, and is not established by the become effective judge's ruling, authority (official) who considered proceeedings about administrative offense.

8.2. Person brought to the administrative responsibility shall not prove the innocence.

8.3. Doubts concerning guilt of person brought to the administrative responsibility are permitted in its advantage.

Article 9. Concept of justice

9.1. The collection applied concerning person who made administrative offense shall be fair, that is correspond to nature of administrative offense, circumstances of its making, to be legal and reasonable.

9.2. Nobody can be brought to the administrative responsibility for the same administrative offense twice.

Article 10. Principle of the prevention of administrative offenses

State bodies and local government bodies develop and perform actions in the field of the prevention of administrative offenses, identification and elimination of the reasons and conditions promoting making of administrative offenses, increases in sense of justice and culture of citizens and their education in the spirit of strict observance of the laws of the Azerbaijan Republic.

Article 11. Operation of the legislation of the Azerbaijan Republic on administrative offenses

11.1. In the Azerbaijan Republic conducting production on cases on administrative offenses, acceptance and execution of resolutions on them are performed according to the legislation of the Azerbaijan Republic on administrative offenses existing at the moment.

11.2. The regulatory legal acts mitigating or eliminating responsibility for administrative offenses have retroactive force, that is extend also to offenses which were made before adoption of these acts.

11.3. The regulatory legal acts determining or aggravating responsibility for administrative offenses have no retroactive force.

Chapter 2. Administrative offense and administrative responsibility

Article 12. Concept of administrative offense

Administrative offense act (action or failure to act) which attracts the administrative responsibility is recognized encroaching on the public relations protected by this Code illegal, guilty (intentional or careless).

Article 13. Making of administrative offense is intentional

Administrative offense is recognized committed intentionally if person which made it understood illegal nature of the act (action or failure to act), expected its harmful effects and wished them or consciously allowed approach of these effects.

Article 14. Making of administrative offense on imprudence

Administrative offense is recognized committed on imprudence if person which made it expected possibility of approach of harmful effects of the act (action or failure to act), but thoughtlessly expected their prevention or did not expect possibility of approach of such effects though shall and could expect them.

Article 15. Administrative responsibility of physical persons

15.1. The physical persons which reached by the time of making of administrative offense of sixteen-year age are subject to the administrative responsibility.

15.2. Persons aged from sixteen up to eighteen years who made administrative offenses can be exempted from the administrative responsibility by the commissions on cases and protection of the rights of minors taking into account the specific facts of the case, their mental development, living conditions, the state of health and education, and the corrective actions determined by "Regulations on the commissions on cases and protection of the rights of minors" can be applied to such persons.

15.3. The military personnel in cases when it is directly provided by disciplinary charters, bears disciplinary responsibility for administrative offenses, and in other cases - the administrative responsibility in accordance with general practice. To specified persons administrative detention, and cannot be applied to the military personnel of urgent active duty and to cadets of the preparing military personnel of educational institutions of special purpose - as well social jobs and administrative penalty.

15.4. Others, except specified in Article 15.3 of this Code, person to whom operation of disciplinary charters or regulations on discipline extends, in the cases which are directly provided by them on duty bear disciplinary responsibility for making of administrative offenses, and in other cases - the administrative responsibility in accordance with general practice.

15.5. The judge, authority (official) which is granted the right to impose administrative punishments concerning persons specified in Article 15.3 of this Code having the right to transfer instead of imposing of collection materials on the case of administrative offense to relevant organs of the executive authority of the Azerbaijan Republic for the solution of question of involvement of guilty persons to disciplinary responsibility.

15.6. Foreigners and stateless persons for the administrative offenses made in the territory of the Azerbaijan Republic are subject to the administrative responsibility in accordance with general practice.

15.7. The question of responsibility for the administrative offenses made in the territory of the Azerbaijan Republic by foreigners who according to international treaties of the Azerbaijan Republic use immunity in the Azerbaijan Republic is allowed according to rules of international law.

Note: In Article 15.3 of this Code under "military personnel" officers, ensigns, warrant officers of relevant organs of the executive authority of the Azerbaijan Republic, the military personnel of extra urgent service, the military personnel and cadets of the preparing military personnel of educational institutions of special purpose of urgent active duty mean.

In Article 15.4 of this Code under "other persons to whom operation of disciplinary charters (provisions) extends" persons who fulfill the service duties in relevant organs of the executive authority of the Azerbaijan Republic mean.

In Article 15.6 of this Code under "foreigners" persons who are not citizens of the Azerbaijan Republic mean and have nationality of other state.

Under "stateless persons" persons who are not citizens of the Azerbaijan Republic mean and have no nationality of other state.

Article 16. Administrative responsibility of officials

Officials are subject to the administrative responsibility for the administrative offenses connected with failure to carry out or inadequate accomplishment of the service duties by them.

Note: Officials persons who perform function of the representative of the government, persons who work constantly or temporarily at organizational and administrative or administrative positions in the state bodies, local government bodies, Armed Forces of the Azerbaijan Republic, other army connections created according to the legislation of the Azerbaijan Republic in the state and non-state organizations, organizations and the companies, or persons who carry out similar obligations owing to special powers, and also physical persons which perform such powers are recognized, being engaged in business activity without formation of legal entity.

Article 17. Administrative responsibility of legal entities

Legal entities, including foreign legal entities and branches and representations of foreign legal entities, for the administrative offenses provided by this Code are subject to the administrative responsibility in accordance with general practice.

Chapter 3. The circumstances excluding the administrative responsibility

Article 18. Emergency

Action which though corresponds to signs of the acts provided by the Special part of this Code is not recognized administrative offense, but it is made in emergency condition, that is for elimination of the danger menacing to the state or public concerns, health, the rights and legitimate interests of it or other persons if such danger could not be eliminated with other means and if the damage suffered is less considerable, than the prevented harm.

Article 19. Justifiable defense

Action which though corresponds to signs of the acts provided by the Special part of this Code is not recognized administrative offense, but it is made in condition of justifiable defense, that is in case of protection of the state and public concerns, health, the rights or legitimate interests of the defending or other person against illegal encroachment, by causing encroaching harm.

Article 20. Diminished responsibility

Person who during making of illegal act (action or failure to act) was in diminished responsibility condition is not subject to the administrative responsibility, that is could not realize the actual nature and public danger of the actions or direct them owing to chronic mental disease, temporary violation of mental activities, weak-mindedness or other mental disease.

Article 21. Application of softer administrative punishment or release from the administrative responsibility in case of insignificance of administrative offense

In case of insignificance of committed administrative offense the judge, the authority (official) having the right to impose administrative punishments can replace the administrative punishment provided in the relation guilty, softer type of administrative punishment or to exempt it from the administrative responsibility.

Chapter 4. Administrative punishment

Article 22. Purposes of administrative punishment

Administrative punishment is measure of responsibility and is applied for the purpose of education of person who made administrative offense in the spirit of compliance with laws, and also for the purpose of the prevention of making of new administrative offenses both the guilty person, and other persons.

Article 23. Types of administrative punishments

23.1. For making of administrative offenses the following administrative punishments can be applied:

23.1.1. prevention;

23.1.2. administrative penalty;

23.1.3. paid withdrawal of the subject which was the tool of making or direct subject to administrative offense;

23.1.4. confiscation of the subject which was the tool of making or direct subject to administrative offense;

23.1.5. restriction of the special right granted to the physical person who made administrative offense;

23.1.5-1. Social jobs;

23.1.6. administrative expulsion out of limits of the Azerbaijan Republic foreigners or stateless persons;

23.1.7. administrative detention.

23.2. The types of administrative punishments provided by Articles 23.1.1-23.1.4 of this Code are applied to legal entities.

Article 24. Prevention

The prevention as type of administrative punishment is measures of the official warning of inadmissibility of illegal act which are taken concerning persons. The warning is issued in writing.

Article 25. Administrative penalty

25.1. The administrative penalty is the sum of money appointed by the judge, authority (official) and compulsorily levied from the perpetrator for benefit of the state in the cases provided by this Code.

25.2. The administrative penalty can be expressed in manats or in the following other criteria:

25.2.1. in the cost of the subject which became direct subject to administrative offense at the time of completion or prevention of administrative offense;

25.2.2. the amount subject to payment, however not paid payments, taxes on the moment of completion or prevention of administrative offense.

25.3. The administrative penalties applied by diplomatic representations and consulates of the Azerbaijan Republic for administrative offenses are levied in currency of the foreign country in which there is consulate.

25.4. The size of the penalty levied for administrative offense cannot be lower than three manats.

25.5. The size of the penalty estimated in manats and levied for administrative offenses from physical persons cannot be more than five thousand manats, the size of the penalty levied from officials - more than ten thousand manats, the size of the penalty levied from legal entities - more than fifty thousand manats.

25.6. The size of the penalty measured at the cost of the subject which was direct subject to administrative offense cannot exceed hundred percent of cost of this subject, and the size of the penalty measured by the amount of unpaid payments, taxes - hundred fifty percent of these payments, taxes.

25.6-1. In cases, stipulated in Clause 426-1.1 of this Code, the administrative penalty is applied conditionally.

25.7. The administrative penalty is transferred to the government budget of the Azerbaijan Republic, except as specified, established by the law.

Article 26. Paid withdrawal of the subject which was the tool of making or direct subject to administrative offense

26.1. Paid withdrawal of the subject which was the tool of making or direct subject to administrative offense consists in its forced withdrawal and the subsequent realization with transfer of the realized sum to the former owner less selling expenses of the withdrawn subject.

26.2. Paid withdrawal of the subject which was the tool of making or direct subject to administrative offense is applied by the judge.

26.3. Paid forfeiture of firearms, ammunition and other tools of hunting cannot be applied to persons for whom hunting is the main source of existence.

26.4. The procedure for paid withdrawal of subject is established by this Code and other legislation of the Azerbaijan Republic.

Article 27. Confiscation of the subject which was the tool of making or direct subject to administrative offense

27.1. Confiscation of the subject which is in private property of the guilty person and was the tool of making or direct subject to administrative offense consists in the forced non-paid address of this subject to property of the state in the cases provided by the Special part of this Code.

27.2. Confiscation of the subject which was the tool of making or direct subject to administrative offense is applied by the judge.

27.3. Confiscation of firearms, ammunition and other tools of hunting cannot be applied to persons for whom hunting is the main source of existence.

27.4. The procedure for application of confiscation is established by this Code and other legislation of the Azerbaijan Republic.

Article 28. Restriction of the special right of physical person

28.1. Restriction of the special right of physical person with term from two months to two years is applied for gross or systematic violation of procedure for use of this right.

28.2. Restriction of the right of control of vehicles cannot be applied to persons who use these means in connection with disability, except as specified managements in state of intoxication.

28.3. Restriction of the right of control of vehicles without imposing of administrative penalty is made when the driver within year gained 20 and more points for committed offenses which are estimated in points and are specified in to Article 151.4 of this Code.

28.4. Deprivation of the right of hunting cannot be applied to persons for whom hunting is the main source of existence.

Article 28-1. Social jobs

28-1.1. Social jobs consist in non-paid accomplishment-faced to which administrative punishment in the form of social jobs, socially useful works for benefit of society in time, free from work or study, is applied. Types of such works are established by relevant organ of the executive authority.

28-1.2. Social jobs are established for a period of sixty till two hundred forty o'clock and do not exceed four hours a day.

28-1.3. Social jobs cannot be applied to:

28-1.3.1. to disabled people of the first and second groups, children with limited opportunities of health;

28-1.3.2. to pregnant women;

28-1.3.3. to women under the care of whom there is child aged up to eight years;

28-1.3.4. to the women and men who reached retirement age;

28-1.3.5. to the military personnel and cadets of the preparing military personnel of educational institutions of special purpose undergoing the valid compulsory military service at the call of on military service.

Article 29. Administrative expulsion out of limits of the Azerbaijan Republic

29.1. In the cases provided by the Special part of this Code administrative expulsion out of limits of the Azerbaijan Republic is applied to foreigners and stateless persons.

29.2. The right of arrival to the Azerbaijan Republic of the foreigners and stateless persons expelled out of limits of the Azerbaijan Republic administratively is limited for a period of 1 year up to 5 years.

29.3. Administrative expulsion out of limits of the Azerbaijan Republic is not applied to persons having the status of the refugee, persons who by the Azerbaijan Republic are granted political asylum, and also the children who fell victim of human trafficking.

29.4. To foreigners or persons without citizenship who are considered as victims of human trafficking administrative expulsion out of limits of the Azerbaijan Republic is not applied during 1 year, and to the foreigners or persons without citizenship rendering assistance to criminal prosecution authorities - before completion of criminal prosecution.

Article 30. Administrative detention

30.1. Administrative detention is established and applied only in exceptional cases for separate types of administrative offenses for a period of up to three months.

30.2. Administrative detention cannot be applied to the expectant mothers, women having the child to 8-year age, to the men who are independently bringing up the child to 8-year age to persons which did not reach eighteen years to disabled people of the first and second groups, and also to the women who reached sixty years and to the men who reached sixty five years.

30.3. The term of administrative detention joins to the term of administrative detention.

Article 31. Types of the basic and additional administrative punishment

31.1. The prevention, administrative penalty, social jobs or administrative detention are applied only as types of the main administrative punishment.

31.2. Paid withdrawal or confiscation of the subject which was the tool of making or direct subject to administrative offense restriction of the special right of physical person, administrative expulsion out of limits of the Azerbaijan Republic of foreigners or stateless persons can be applied as types as the main, and additional administrative punishment.

31.3. For the same administrative offense the main penalty or the main and additional penalties can be imposed.

Chapter 5. Imposing of administrative punishment

Article 32. General rules of imposing of administrative punishment

32.1. Collection for administrative offense is imposed according to this Code.

32.2. When imposing administrative punishment on physical or officials are considered nature of offense, the identity of person who made this offense, degree of his fault, property status, and also the circumstances mitigating and aggravating responsibility.

32.3. When imposing administrative punishment on legal entities nature of offense, financial and property status of the legal entity, and also the circumstances mitigating and aggravating responsibility are considered.

32.4. Imposing of administrative punishment does not exempt person from accomplishment of obligations which failure to carry out entailed this administrative punishment.

Article 33. The circumstances mitigating responsibility for administrative offense

33.1. The circumstances mitigating responsibility when imposing administrative punishment are recognized:

33.1.1. frank repentance of the guilty person;

33.1.2. elimination of harmful effects of committed administrative offense or voluntary compensation of damage to guilty persons;

33.1.3. making of administrative offense by the minor;

33.1.4. making of administrative offense by the expectant mother or woman having the juvenile child.

33.2. By the legislation of the Azerbaijan Republic also other circumstances mitigating responsibility for administrative offense can be provided. The judge, the authority (official) considering case on administrative offense can recognize mitigating and circumstances, not stipulated by the legislation.

33.3. The circumstance facilitating responsibility which is provided as sign of structure of administrative offense in the relevant article of the Special part of this Code cannot be repeatedly considered when imposing administrative punishment.

Article 34. The circumstances aggravating responsibility for administrative offense

34.1. The circumstances aggravating responsibility when imposing administrative punishment are recognized:

34.1.1. continuation of illegal action, despite the requirement of persons authorized on that to stop it;

34.1.2. making of homogeneous offense, repeated within year, for which person was already exposed to administrative punishment;

34.1.3. involvement of the minor in making of administrative offense;

34.1.4. making of administrative offense by group of persons;

34.1.5. making of administrative offense in the conditions of natural disaster or in case of other force majeure;

34.1.6. making of administrative offense in state of intoxication;

34.1.7. making of administrative offense against minors.

34.2. The judge, the authority (official) imposing administrative punishment depending on nature of administrative offense can not recognize the circumstance specified in Article 34.1.6 of this Code, aggravating.

34.3. The circumstance aggravating responsibility which is provided as sign of structure of administrative offense in the relevant article of the Special part of this Code cannot be repeatedly considered when imposing administrative punishment.

Article 35. Imposing of administrative punishments when making several administrative offenses

35.1 When making by the same person of two or more administrative offenses administrative punishment is imposed for each offense separately.

35.2. If hearing of cases on several administrative offenses which are commited by person by the actions (failure to act) at the same time is within the competence of the same body, collection within the sanction established for the most serious misconduct is imposed on this person. In this case the main collection can be added one of the additional penalties provided for any of committed offenses.

35.3. If hearing of cases on several administrative offenses which are commited by person in the same or different time is within the competence of the same body, the these cases shall be considered at the same time.

Article 36. Terms of imposing of administrative punishment

36.1. Administrative punishment can be imposed not later than before the expiration of two months from the date of making of administrative offense. For the administrative offenses encroaching on rules of customs affairs, the rule of environmental protection, the rule of implementation of activities by branches and representations non-governmental the organization of foreign states, rules of registration of agreements (decisions) on grants of finance, taxes and duties, and also for non-presentation of the data necessary for the state register of legal entities, violation of the law about non-governmental organizations and about counteraction of legalization received criminal by money or other property and to terrorism financing administrative punishment can be imposed not later than before the expiration of one year from the date of making of administrative offense.

36.2. Administrative punishment for the continuing administrative offense can be imposed not later than before the expiration of two months from the date of its detection.

36.3. In case of refusal in initiation of legal proceedings or the terminations of criminal case, but in the presence in actions of the guilty person of all signs of administrative offense, administrative punishment can be imposed not later than before the expiration of two months from the date of decision making about refusal in initiation of legal proceedings or about its termination.

36.4. In case of return in the procedure established by the legislation by the commission on cases of minors and protection of their rights to the relevant state body of case on the administrative offense made by the minor aged from sixteen up to eighteen years, administrative punishment can be imposed not later than after two months from the date of return of this case.

Article 37. The term after which person is considered not being exposed to administrative punishment

If person subjected to administrative punishment within year from the date of the end of execution of collection did not make new administrative offense, it is considered not being exposed to administrative punishment.

Article 37-1. Attraction to forced treatment of the persons needing treatment for drug addiction and who made the administrative offense providing administrative detention

37-1.1. In case of application of type of collection in the form of administrative detention to the persons needing treatment for drug addiction and who made the administrative offense providing administrative detention court appoints by it forced treatment which is performed after departure of administrative punishment in the form of administrative detention.

37-1.2. The purpose of application of forced treatment is treatment of persons specified in Article 37-1.1 of this Code, improvement of their health and psychological state, their return to normal conduct of life by provision of specialized medical care and social care, prevention of use by these persons of the substances influencing mentality of the person, and making of new administrative offenses in the future.

37-1.3. Face which along with application of type of collection in the form of administrative detention, appoints forced treatment for drug addiction according to results of medical examination after departure of type of collection in the form of administrative detention undergo treatment in specialized medical institution, being under supervision of relevant organ of the executive authority.

37-1.4. In case of appointment the court sends to person of forced treatment for drug addiction the copy of the decision on it which took legal effect to specialized medical institution for execution, and also to the executive official for supervision of execution of forced treatment.

37-1.5. Person to whom forced treatment for drug addiction is appointed in day of the expiration of administrative detention, in case of escort of the representative of the place of content under administrative detention gives up in specialized medical institution in which forced treatment is carried out.

37-1.6. Forced treatment in specialized medical institutions is carried out according to the conditions and rules approved by relevant organ of the executive authority.

37-1.7. Supervision of fulfillment of requirements of the judgment on forced treatment in specialized medical institution is exercised by the executive official.

37-1.8. The early release from forced treatment and prolongation of term of forced treatment of person which is on forced treatment in specialized medical institution is performed on the basis of the judgment in the organization location in the cases provided by the Law of the Azerbaijan Republic "About drug trafficking, psychotropic substances and their precursors" taking into account representation to administration of the drawn organization and the conclusion of the medical and consulting commission.

Article 38. Compensation of the done property harm

38.1. The judge, authority (official) when considering the case about administrative offense of the administrative punishment having the right to resolve along with imposing issue of compensation of the caused property damage in the absence of dispute on its compensation.

38.2. In the presence of dispute on compensation of the property or moral damage caused by administrative offense, the question of such compensation is resolved according to the legislation of the Azerbaijan Republic.

Chapter 5-1. Administrative offenses against health

Article 38-1. Beating

Intentional causing physical pain beating or other violent actions -

- attracts imposing of penalty in the amount of five hundred to one thousand manats or, taking into account the facts of the case, the identity of person who made offense, application of administrative detention for a period of up to two months.

Note:

1. If the act provided by this Article is made with causing heavy, less severe or little harm to health, then it attracts criminal liability according to the relevant articles of the Criminal code of the Azerbaijan Republic.

2. Proceeedings about the administrative offense provided by this Article are initiated only based on the statement of the victim.

3. In case of conciliation of the victim with person who made the administrative offense provided by this Article proceeedings about administrative offense stops.

Article 38-2. Violation of the law about prevention of domestic violence

38-2.1. The actions directed to application of illegal restrictions of economic nature on the household soil that is deprivation by face of other person who is in its property, the order or use of property, the income, creation of economic dependence, preserving such dependence or abuse of it -

- attract imposing of penalty in the amount of hundred to three hundred manats.

38-2.2. The actions directed to mental violence on the household soil that is rendering by person on other person of intentional mental pressure or creation intolerable mental conditions -

- attracts imposing of penalty in the amount of three hundred to five hundred manats.

38-2.3. Implementation of activities by the non-state centers of the help to persons who were affected by domestic violence without accreditation -

- attracts imposing of penalty in the amount of thirty five to fifty
manats.

Note:

1. In Articles 38-2.1 and 38-2.2 of this Code "person" is implied as persons, the stipulated in Article 4 Laws of the Azerbaijan Republic "About prevention of domestic violence".

2. Articles 38-2.1 and 38-2.2 of this Law are applied if the acts specified in these Articles do not attract criminal liability according to the relevant articles of the Criminal code of the Azerbaijan Republic.

Article 38-3. Evasion from treatment of persons infected with venereal diseases

Evasion from treatment of persons who are rather informed on infection with venereal diseases, despite preventions of health bodies -

- attracts imposing of penalty in the amount of hundred to hundred fifty manats.

Article 38-4. Evasion from inspection of persons who had contact with person infected with venereal diseases or human immunodeficiency virus

Evasion from inspection of persons who had contact with person infected with venereal diseases or human immunodeficiency virus and need inspection, despite preventions of health bodies -

- attracts imposing of penalty in the amount of eighty to hundred twenty manats.

Article 38-5. Concealment of source of infection with venereal diseases or human immunodeficiency virus

38-5.1. Concealment by persons with venereal diseases of source of infection, and also names of persons which came to them into contact and represent danger of infection with venereal diseases -

- attracts imposing of penalty in the amount of hundred to two hundred manats.

38-5.2. Concealment by persons infected with human immunodeficiency virus of infection source, and also names of persons which came to them into contact and represent danger of infection with human immunodeficiency virus -

- attracts imposing of penalty in the amount of two hundred to four hundred manats.

Article 38-6. Violation of the law about donorship of blood, components of blood and service of blood

38-6.1. Representation by person wishing to become the donor, unreliable information about early the postponed and available diseases, and also about acceptance of drugs and psychotropic substances -

- attracts imposing of penalty in the amount of thirty to thirty five manats.

38-6.2. Capture at the blood donor, blood components without carrying out physical examination -

- attracts imposing of penalty on physical persons in the amount of thirty five to forty manats, on officials in the amount of forty to sixty five manats, on legal entities in the amount of hundred to hundred fifty manats.

38-6.3. Non-presentation by medical institutions of information on any serious additional impacts (posttransfusion complications) which were caused by transfusion to the recipient of blood, blood components, organization of service of blood (bank of blood) which delivered the transfused blood, blood components and relevant organ of the executive authority

- attracts imposing of penalty on physical persons in the amount of thirty five to forty manats, on officials in the amount of forty to sixty five manats, on legal entities in the amount of hundred to hundred fifty manats.

Article 38-7. Illegal carrying out transaction of Cesarean section

Carrying out transaction of Cesarean section without the medical bases established by relevant organ of the executive authority - attracts imposing of penalty on officials at the rate from five thousand to seven thousand manats, on legal entities at the rate from ten thousand to fifteen thousand manats.

Special part

Section II. Administrative offenses

Chapter 6. The administrative offenses encroaching on political, social and labor rights

Article 39. Abuse of regulations and the term of carrying out the election propaganda or propaganda connected with referendum

39.1. Violation of the rules established by the legislation and the term of carrying out the election propaganda or propaganda connected with referendum

attracts imposing of penalty in the amount of twenty five to fifty manats.

39.2. If before completion of term of election propaganda officials of the organizations of TV radio transfers and periodicals established by the electoral laws of TV radio programs did not give to the registered candidate opportunity to protect the honor and advantage in these programs and editions

attracts imposing of penalty on officials in the amount of fifty to ninety manats, legal entities - in the amount of hundred fifty to two hundred fifty manats.

Article 40. Intentional destruction of propaganda printed materials or hindrance to the candidate's meeting with voters

Destruction or spoil pre-election (before referendum) propaganda posters and other similar propaganda materials or preventing to distribution of the propaganda materials which are hung out in the places determined by the legislation with the consent of the owner or other owner of these objects or hindrance to the candidate's meeting with voters

attracts imposing of penalty in the amount of thirty five to sixty manats.

Article 41. Distribution of obviously false information about the candidate

Distribution of obviously false information about the candidate or to elected body (on elective office) for the purpose of influence on the result of elections by publication or distribution different way

attracts imposing of penalty in the amount of twenty to fifty five manats.

Article 42. Violation of the rights of the member of the electoral commission (commission on holding referendum), observers, authorized representatives, candidates, plenipotentiaries of political parties, propaganda group on referendum, blocks of political parties, representatives of mass media

Violation of the rights of the member of the electoral commission (the commission on holding referendum) established by the legislation, observers, authorized representatives, candidates of plenipotentiaries of political parties, blocks of political parties, propaganda group on referendum of representatives of mass media - including violation of the rights connected with timely receipt of copies of the selective documents and data and approval of the selective documents

attracts imposing of penalty in the amount of thirty five to sixty five manats.

Article 42-1.

It is excluded

Article 42-2. Doubtful, incomplete and untimely provision of information about voters

For doubtful, incomplete and untimely provision of information about voters by the relevant executive body representing the information about voters

the head of relevant organ receives the prevention or is exposed to penalty in the amount of ten to twenty manats.

Article 42-3. Abuse of regulations of issue and storage of ballots, protocols of vote and certificates

For violation by chairmen of the electoral commissions of rules of issue and storage of ballots, protocols of vote and certificates

the warning is issued or the penalty in the amount of ten to twenty manats is imposed.

Article 42-4. Violation of procedure for use of the state automated information system

For transfer after the beginning of vote before signing of protocols on results of elections and results of vote by information services of higher electoral commissions to information services of subordinate electoral commissions of this or that information except the signals confirming acceptance of data

physical persons are exposed to penalty in the amount of twenty to forty manats, officials - in the amount of sixty to eighty manats.

Article 43. Threats or performances calling for violence connected with elections (referendum) or distribution of similar materials

For threat or performances calling for violence connected with elections (referendum) or distribution of similar materials

the penalty in the amount of thirty five to sixty five manats is applied.

Article 43-1. Intentional inclusion of the voter more than in one electoral register

For intentional inclusion of the voter more than in one electoral register,

the warning is issued or the penalty in the amount of ten to twenty manats is imposed.

Article 44. Violation of the right to acquaintance with the electoral register and other rights of citizens

44.0. Violation by the member of the electoral commission (commission on holding referendum):

44.0.1. the rights of citizens to acquaintance with the electoral register (the list of persons having the participation right in referendum);

44.0.2. not consideration by it in the time of assignments of error established by the legislation in the electoral register (the list of persons having the participation right in referendum);

44.0.3. failure to provide to the citizen of the motivated answer in writing about variation of corrections in electoral registers;

44.0.4. untimely execution and refining of information about the registered voters

attracts imposing of penalty on the member of the electoral commission (the commission on holding referendum) in the amount of forty to sixty manats.

Article 45. Refusal in provision of leave for participation in elections (referendum)

45.1. Refusal in provision to the registered candidate or in elected body (on elective office), to the authorized representative of the candidate or the member of the electoral commission (the commission on holding referendum) of stipulated by the legislation leave for ensuring its participation in preparation or elections to state bodies or local government bodies

attracts imposing of penalty in the amount of forty to sixty manats.

45.2. Not release from work of persons, the elected to local government bodies or deputies, for execution of the state obligations by them

attracts imposing of penalty in the amount of fifty manats to seventy manats.

Article 45-1. Execution Not suspension by the registered candidate of service duties during participation in elections

Execution Not suspension by the registered candidate who is in the public or municipal service, service duties during participation in elections

it is punished by penalty in the amount of eighty to ninety manats.

Article 45-2. Abuse of regulations of petition of voters

Participation of legal entities irrespective of form of their property, the state and municipal authorities, structures and the organizations in petition of voters

it is punished by penalty for officials in the amount of eighty to ninety manats, for legal entities in the amount of two hundred fifty to three hundred manats.

Article 46. Abuse of regulations of financing of elections (referendum) or submission of financial statements on it

46.1. Violation of the rules of financing of elections (referendum) established by the legislation

attracts imposing of penalty on physical persons in the amount of ten to twenty manats, on officials - in the amount of forty to sixty manats, on legal entities - in the amount of hundred fifty to two hundred fifty manats.

46.2. Non-presentation or neopublishing by the candidates registered by candidates, political parties, blocks of political parties, propaganda groups on referendum of reports on expenditure of the funds allocated for preparation and elections

attracts imposing of penalty in the amount of twenty to thirty manats.

Article 47. Production and distribution of anonymous propaganda materials or anonymous propaganda advertizing

47.1. Not Instruction in the printed and audiovisual propaganda materials connected with election campaign or holding referendum, names of the organizations which made and ordered production of these materials, and also data on circulation and date of their release

attracts imposing of penalty in the amount of fifteen to twenty five manats.

47.2. Production or distribution of pre-election printed materials without written consent political parties, blocks of political parties, candidates or the registered candidates

attracts imposing of penalty in the amount of twenty to thirty manats.

47.3. Violation of the rules of production and distribution of advertizing about political parties, blocks of political parties, candidates or the registered candidates established by the legislation

attracts imposing of penalty in the amount of twenty five to thirty five manats.

Article 48. Notorious failure to provide or neopublishing of data on results of vote or about results of elections

48.1. Notorious failure to provide the relevant electoral commissions by chairmen to voters, the registered candidates, political parties, blocks of political parties and authorized representatives of candidates, observers, plenipotentiaries of political parties, propaganda groups on referendum, blocks of political parties, to representatives of mass media according to their requirement of the data concerning results of vote and results of elections for acquaintance

attracts imposing of penalty in the amount of fifty manats to seventy manats.

48.2. Notorious neopublishing according to the procedure and in terms, stipulated by the legislation, the data concerning results of vote and results of elections

attracts imposing of penalty in the amount of seventy to ninety manats.

Article 49. Hindrance to holding meetings, meetings, demonstrations, street processions and pickets

Hindrance to holding the meetings, meetings, demonstrations, street processions and pickets organized in the procedure established by the legislation

attracts imposing of penalty on physical persons in the amount of one thousand five hundred to three thousand manats, on officials at the rate from three thousand to six thousand manats, on legal entities at the rate from fifteen thousand to thirty thousand manats.

Article 49-1. Violation of the law about education

49-1.0. Violation of the law about education, that is:

49-1.0.1. deprivation of any step, level and form of education;

49-1.0.2. assumption of the physical and (or) psychological abuse which does not have essential elements of offense against the pupil in educational institution;

49-1.0.3. involvement of pupils to the works and actions which are not connected with training process, except as specified, stipulated by the legislation;

49-1.0.4. the direction of the state educational and scientific research grants on financing of the fields of activity of educational institution which are not answering the purpose of provision of these grants -

attracts imposing of penalty on physical persons in the amount of hundred manats, on officials in the amount of three hundred manats, on legal entities in the amount of five thousand manats.

Article 49-2. Violations of right to education because of infection with human immunodeficiency virus

Any restriction of the right of person or members of his family on education, including refusal of their acceptance in educational institutions or imposing of restrictions for their participation in any actions, including their exception of educational institution because of infection with human immunodeficiency virus -

attracts imposing of penalty on officials in the amount of one thousand five hundred to two thousand manats.

Article 49-3. Refusal of the room of persons living with human immunodeficiency virus in organizations of social servicing and provision of social servicing by it

Refusal of the room of persons living with human immunodeficiency virus in organizations of social servicing and provision of social servicing by it -

attracts imposing of penalty on officials in the amount of one thousand five hundred to two thousand manats.

Article 49-4. Violation of the law about political parties

49-4.1. Violation of the law about political parties, that is:

49-4.1.1. intervention in activities of state bodies and officials from political party;

49-4.1.2. acceptance by political parties of means, including donations which are prohibited by the Law of the Azerbaijan Republic "About political parties";

49-4.1.3. creation and activities of political parties of foreign states, and also their divisions and organizations in the territory of the Azerbaijan Republic;

49-4.1.4. performance or activities on behalf of the liquidated political party, or participation in the illegal organization of its activities or work -

attracts imposing of penalty on physical persons in the amount of seven hundred fifty to one thousand five hundred manats, on officials in the amount of one thousand five hundred to three thousand manats, on legal entities at the rate from eight thousand to fifteen thousand manats.

49-4.2. Repeated making by person of offenses who received administrative punishment, stipulated in Article 49-4.1 of this Code, within year -

attracts imposing of penalty on physical persons in the amount of one thousand five hundred to three thousand manats, on officials at the rate from three thousand to six thousand manats, on legal entities from fifteen thousand to thirty thousand manats.

Article 50. Copyright violation and related rights

Copyright violation and the related rights if the damage caused to these is insignificant,

attracts imposing of penalty in the amount of fifteen to forty manats with confiscation of piracy copies, and also the materials, the equipment used in production (production) and distribution of piracy copies, and other means which led to offense.

Note: In Articles 50, 50-1, 50-2 and 50-3 of this Code under "minor damage" the amount to one thousand manats means.

Article 50-1. Violation of exclusive right of use of topology of the integrated circuit

Removal of the copy from topology of the integrated circuit in any form, including by its inclusion in general, or in its any part in the integrated circuit, except for removals of non-original part of topology of the integrated circuit, and also application, delivery, the offer for sale, sale of the topology or the integrated circuit consisting of this topology or their introduction in economic circulation in other form, without the permission of the author or other owner of the right if as a result of these actions minor damage is caused,

are punished by penalty in the amount of twenty to forty manats.

Article 50-2. Violation of requirements for use of expressions of folklore

For violation of requirements for use of expressions of folklore if the damage in small size is caused

attracts imposing of penalty with confiscation of the copies of the subjects of folklore (piracy expressions) made (made) and extended with violation of requirements for use of expressions of folklore on physical persons in the amount of fifteen to twenty five manats, on officials - from thirty to fifty manats, on legal entities - from hundred to hundred fifty manats.

Article 50-3. Illegal use of information collections

Illegal use of information collections if the damage in small size is caused,

attracts imposing of penalty on physical persons in the amount of fifteen to twenty five manats, on officials in the amount of thirty to fifty manats, on legal entities in the amount of hundred to hundred fifty manats with confiscation of piracy copies of the information collection, and also the materials, the equipment used in production (production) and distribution of piracy copies, and other means which led to offense.

Article 51. Failure to carry out by the parents or persons replacing them obligations on education and training of children

51.1. Failure to carry out or undue accomplishment by parents or persons of obligations replacing them on education and training of minors without valid excuse -

attracts the prevention or imposing of penalty in the amount of forty to sixty manats.

51.1-1. Except for the reasons established by relevant organ of the executive authority, the omission the school student of school day on secular compulsory general secondary education more than 7 days within one month -

attracts imposing of penalty in the amount of hundred manats.

51.2. The acts provided by Articles 51.1 and 51.1-1 of this Code, which led to leaving of minors without supervision -

attract imposing of penalty in the amount of sixty to hundred manats.

51.3. The acts provided by Articles 51. 1, 51.1-1 and 51.2 of this Code who led to the use by minors of alcoholic drinks, drugs or psychotropic substances or to their vagrancy, to making by the children who reached the age allowing criminal prosecution, socially dangerous act with essential elements of offense or to making by children aged from fourteen up to sixteen years of act with signs of administrative offense -

attract imposing of penalty in the amount of fifty to hundred manats.

Article 52. Malicious evasion from the help to parents

Malicious evasion of full age persons from content of disabled parents and from care of them

attracts the prevention or imposing of penalty in the amount of thirty to forty manats.

Article 52-1. Violation of the law about work pensions

52-1.1. Not acceptance by the body granting work pension in the time of the decision on payment of work pension established by the legislation, not specifying in the resolution on refusal in superannuation of causes of failure in award of pension and not the direction to the addressed person in the time of the decision on refusal established by the legislation in superannuation

attracts imposing of penalty on officials in the amount of thirty five to eighty manats.

52-1.2. Not provision by the labor pensioner and employer to the body granting work pension, data on the cases which entailed change of the amount and suspension of payment of work pension and the allowance to work pension

attracts imposing of penalty in the amount of thirty to forty manats.

Article 53. Violation of the labor law

53.1. Involvement of physical persons by the employer to accomplishment of any works (services) without introduction of the employment contract (contract) in legal force according to the procedure, provided by the Labor code of the Azerbaijan Republic -

attracts imposing of penalty on physical persons at the rate from one thousand to three thousand manats, on officials at the rate from three thousand to five thousand manats, on legal entities at the rate from twenty thousand to twenty five thousand manats.

53.2. Violation by employers of the companies, organizations or organizations, irrespective of pattern of ownership and legal form, rules of carrying out employee assessment and workplaces

attracts imposing of penalty in the amount of seven hundred to one thousand two hundred manats.

53.3. Issue to the worker of the salary in the amount of below than the minimum wage established by the legislation

attracts imposing of penalty on officials at the rate from one thousand to one thousand five hundred manats.

53.4. Assumption of violations of the law in case of calculation and salary payment and the worker's vacation pay, except for the defects allowed as a result of mathematical calculations

attracts imposing of penalty on officials in the amount of seven hundred to one thousand five hundred manats.

53.5. Violation of the right of the worker to leave, not representation to the worker of labor leave, and also nonpayment of compensation established for unused labor leave

attracts imposing of penalty on officials in the amount of one thousand five hundred to two thousand manats.

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