Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of December 28, 1999 No. 782-IQ

About executive officials

(as amended on 23-04-2021)

Chapter I. General provisions

Article 1. Functions of executive officials

Executive officials provide established procedure of activities of the Constitutional Court of the Azerbaijan Republic, the Supreme Court of the Azerbaijan Republic, Appeal Courts, the Supreme Court of the Nakhchivan Autonomous Republic, Court of the Nakhchivan Autonomous Republic on serious crimes, courts on serious crimes, administrative courts, commercial vessels, public vessels, district (city) courts (further - courts), and also perform execution of judgments on civil, commercial and administrative  disputes and on cases on administrative offenses, the punishments which are not connected with imprisonment on criminal cases and acts of other bodies which execution is assigned to executive officials by the legislation, and also probation supervision.

Article 2. Legislation of the Azerbaijan Republic on executive officials

The legislation of the Azerbaijan Republic on executive officials consists of the Constitution of the Azerbaijan Republic, this Law and other legal acts of the Azerbaijan Republic.

If the rules about executive officials established by the international treaties supported by the Azerbaijan Republic differ from the rules provided by this Law rules of international treaties are applied.

Article 3. Acceptance on service of executive officials and passing of service by them

The citizens of the Azerbaijan Republic having the higher legal education can become executive officials.

Except for executive officials of the Constitutional court of the Azerbaijan Republic, the Supreme Court of the Azerbaijan Republic and the Supreme Court of the Nakhchivan Autonomous Republic, acceptance on service and service of other executive officials are regulated by the Law of the Azerbaijan Republic "About service in judicial authorities".

Acceptance on service and service of executive officials in the Constitutional court of the Azerbaijan Republic, the Supreme Court of the Azerbaijan Republic and the Supreme Court of the Nakhchivan Autonomous Republic are regulated by the legislation on public service of the Azerbaijan Republic.

Article 4. Office weapon

After passing of special preparation executive officials have the right to carrying, storage and use of office weapon and special means in the procedure established by the legislation.

Article 5. Organization of activities of services of execution and probation

Implementation of the obligations assigned to executive officials provides relevant organ of the executive authority.

Activities of service of execution consist in providing established procedure of activity of the courts, and also in activities of executive officials for execution of the executive documents provided by the Law of the Azerbaijan Republic "About execution".

Except as specified, the stipulated in Article 6 these Laws, the Chief executive official of the Azerbaijan Republic directs service of execution.

Activities of service of probation consist in implementation of probation of supervision, including in activities of executive officials for execution of administrative punishment in the form of social jobs.

Service of probation the Main probation the official of the Azerbaijan Republic directs.

Bases of activities of executive officials are established by the Code of the Azerbaijan Republic about execution of punishments, the Code of the Azerbaijan Republic about administrative offenses, the Code of civil procedure of the Azerbaijan Republic, the Code of penal procedure of the Azerbaijan Republic, the Law of the Azerbaijan Republic "About execution" and others legislative acts.

Executive officials in the Constitutional court of the Azerbaijan Republic, the Supreme Court of the Azerbaijan Republic, the Supreme Court of the Nakhchivan Autonomous Republic are appointed to position and executive officials of other courts - relevant organ of the executive authority are dismissed respectively by the chairman of the Constitutional court of the Azerbaijan Republic, the chairman of the Supreme Court of the Azerbaijan Republic, the chairman of the Supreme Court of the Nakhchivan Autonomous Republic, and.

Article 6. Competence of relevant organ of the executive authority of the organization of executive activities of officials

The organizational and methodical management of executive activities of officials, except for executive officials of the Constitutional court of the Azerbaijan Republic, the Supreme Court of the Azerbaijan Republic and the Supreme Court of the Nakhchivan Autonomous Republic and the Main probation of the official of the Azerbaijan Republic, is performed through the Chief executive official of the Azerbaijan Republic by relevant organ of the executive authority.

Chapter II. Executive officials

Article 7. Obligations of executive officials

The executive official of service of execution fulfills the following duties connected with execution:

- takes measures for timely, complete and correct execution of the executive documents accepted to production;

- creates conditions to the parties participating in production process and their representatives of condition for acquaintance to executive documents, implementation of statements from them or copying of the specified documents;

- at the scheduled time considers applications and petitions of the parties participating in production concerning execution makes the relevant decision, explains the term and procedure for their appeal;

- determines debts in compliance with the amount of the alimony specified in the court decree or the agreement on payment of the alimony according to the procedure, stipulated by the legislation;

- performs orders of executive service or the head of structure;

no later than 1 working day by means of mutually integrated electronic system makes the corresponding entries in the Elektronnoye Pravitelstvo portal about the made decision (property attachment etc.) made in case of the direction of the requirement of property of the debtor including cash or means on accounts and deposits in banks or other credit institutions, and also the money and other assets which are stored;

if the requirements specified in the executive document are not clear, appeals to the relevant court or other body with the statement for explanation of the decision which formed the basis for issue of the executive document, and also the document which according to the law is considered the executive document;

notifies the claimant on departure of executive documents to destination;

provides protection of property of the debtor in cases and in the terms established by the law.

The executive official of service of execution fulfills the following duties connected with providing certain rules of activity of the courts:

- ensures safety of judges, other participants of legal procedure and witnesses in court;

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