of November 26, 1999 No. 762-IQ
In the Azerbaijan Republic notariate it is necessary to understand as the word in total persons authorized on making of the legal actions provided by this Law (further - notarial actions).
In the Azerbaijan Republic the certificate of the rights and facts of legal value and making of other notarial actions for execution of official and authentic documents belongs to notarial activities which can be performed only in the procedure established by this Law and persons provided in it.
Notarial activities in the Alyatsky free economic zone are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".
When making notarial actions it is necessary to be guided by the Constitution of the Azerbaijan Republic, this Law, other laws of the Azerbaijan Republic, and also regulations which are not contradicting this Law adopted by relevant organs executive within their competence.
Person who is professionally engaged in notarial activities hereinafter is referred to as as the notary.
The citizen of the Azerbaijan Republic having the higher legal education, working years of service at least 3 years as lawyer, moral qualities and professional skills can become the notary.
Persons having double citizenship, obligations to other states, the religious figures discharged earlier from office for violation of requirements of the legislation in connection with execution of the obligations, in the procedure established by the law recognized incapacitated or with special disability, committed earlier intended crime and condemned for it concerning which there is judgment which took legal effect about restriction for occupation with notarial activities or application of enforcement powers of medical nature, not capable to work as the notary based on the medical certificate owing to physical and intellectual defects, reached 65-year age and also concerning which is available the decision of investigating body or court on the termination of criminal case which took legal effect on crime execution in view of lack of the justificatory bases cannot be notaries.
Person meeting the specified requirements and the person interested to become the notary, shall receive the certificate on occupation notarial activities (further - the certificate).
The notary is forbidden to be engaged in business activity and to perform other paid works, except for scientific, pedagogical and creative activities.
The notary shall suspend the activities in any political party for the work.
Also the restrictions established by the Law of the Azerbaijan Republic "About service in judicial authorities" are applied to the notary public.
The notary shall observe requirements and to methodical recommendations of relevant organ of the executive authority of the Code of ethical behavior of the notary approved by relevant organ of the executive authority of the Azerbaijan Republic.
Person wishing to receive the certificate on professional work by notarial activities shall file petition in relevant organ of the executive authority of the Azerbaijan Republic.
The relevant organ of the executive authority of the Azerbaijan Republic within 1 month from the date of the address of person shall check whether he answers the requirements established in article 3 of this Law and, depending on result, to submit collected documents to the qualification commission.
Person is in writing informed on result of consideration of its address.
Level of knowledge of persons wishing to receive the certificate shall be checked by means of examination and interview then they are involved in compulsory education in educational scientific institution of relevant organ of the executive authority (further - compulsory education).
Persons working in the organization of relevant organ of the executive authority which is directly exercising control of notarial activities, and the state notarial offices at the managerial positions requiring the higher legal education, or to positions of the assistant to the private notary at least 3 years and meeting the requirements of this Law, including judges for receipt of the certificate shall have only interview on professional training in the field of notarial activities.
It is cancelled according to the Law of the Azerbaijan Republic of 15.11.2018 No. 1334-VQD
The procedure for passing of examination and interviews is established by relevant organ of the executive authority of the Azerbaijan Republic.
The qualification commission is formed by relevant organ of the executive authority of the Azerbaijan Republic for a period of 5 years as a part of 7 members for the solution of the questions connected with check by means of examination and interview of level of knowledge of person including to position of the assistant to the private notary wishing to receive the certificate on professional work by notarial activities, holding interview of rather professional readiness for notarial activities, issue of the certificate and offers to destination or refusal in issue of the certificate.
The commission chairman is elected among her members.
The relevant organ of the executive authority of the Azerbaijan Republic shall perform organizational support of activities of the qualification commission.
The qualification commission considers the arrived documents, for the solution of question of the admission of person to compulsory education holds at it exam, conducts interview, conducts interview for check of professional readiness estimates results of compulsory education, and depending on result makes the decision on issue of the certificate and offers to destination or on refusal in issue of the certificate.
Questions according to the documents which arrived in the qualification commission shall be permitted on commission sessions no later than two months. The course of each meeting and the made decisions are subject to reflection in the constituted protocol.
The meeting of the qualification commission is authorized with the assistance of at least 5 of her members.
The qualification commission makes the decisions by a majority vote and within three days after that issues to person the copy of the decision.
In case of equality of votes the voice of the commission chairman is decisive.
It is cancelled according to the Law of the Azerbaijan Republic of 15.11.2018 No. 1334-VQD
Persons who did not have interview of rather professional readiness can within 3 years with vacancy of the notary be allowed without passing of training to repeated interview for receipt of the certificate.
After removal to the persons which successfully completed compulsory education or who had interview on professional training by the qualification commission of the decision on issue of the certificate person brings for issue of the certificate to it the state fee.
The relevant organ of the executive authority of the Azerbaijan Republic in 10-day time after submission of the document on payment of the state fee grants to it the certificate on occupation notarial activities for a period of five years.
The notary wishing to continue notarial activities in three months prior to the expiration of the certificate files petition in relevant organ of the executive authority of the Azerbaijan Republic which estimates its activities with respect thereto.
Effective period of the certificate of the notary which activities are assessed positively is prolonged for five years. For prolongation of term of the certificate the notary brings the state fee.
The certificate of the notary can be cancelled by relevant organ of the executive authority in the following cases:
1) if the notary submitted the written application about cancellation of the certificate at own will;
2) in case of not bringing of the oath of the notary by person who received the certificate;
3) in case of detection of purposely distorted data in the documents submitted by the notary for receipt of the certificate;
4) if the notary after receipt of the certificate of the private notary did not begin to perform notarial activities after the terms provided in article 24 of this Law;
5) if next time the certificate was not granted;
6) in case of achievement of 65-year age by the notary;
7) in case of numerous and gross violation of the legislation when making notarial actions;
8) in case of dismissal of the notary public;
9) if the bases which became the reason of discharge of the private notary from execution of ex-officio full powers are not eliminated;
10) if the notary lost working capacity continuously for the term of more than 6 months (according to the medical certificate);
11) in the presence of the judgment which took legal effect about legal incapacity of the notary or recognition its incapacitated if the notary is not capable to work because of physical and intellectual defects according to the medical certificate;
12) in case of getting out of the notary of citizenship of the Azerbaijan Republic or departure from the Azerbaijan Republic to other country on the permanent residence;
13) in case of condemnation of the notary for crime execution or availability of the judgment which took legal effect about application in its relation of enforcement powers of medical nature;
14) in case of decision about the termination concerning the notary of criminal case without justificatory motives;
15) in case of the death of the notary;
16) in case of the announcement of the notary the dead or recognition it is unknown the absent court.
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