ADMINISTRATIVE PROCEDURE CODE OF THE AZERBAIJAN REPUBLIC

Approved by the Law of the Azerbaijan Republic of June 30, 2009, No. 846-IIIQ

Chapter I. General provisions

Article 1. Scope of the Administrative Procedure Code of the Azerbaijan Republic

1.1. This Code establishes judicial jurisdiction of the disputes connected with administrative legal relations (further - administrative disputes), the procedural principles and rules of consideration and permission of these disputes in court.

1.2. In legal proceedings on cases about administrative disputes (further - administrative legal proceedings) provisions of the Code of civil procedure of the Azerbaijan Republic can be applied if other procedure is not provided by this Code and in cases when it does not contradict the procedural principles provided by this Code.

1.3. Consideration of disputes over administrative legal relations in the Alyatsky free economic zone is regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 2. Judicial jurisdiction of administrative disputes

2.1. If the law does not provide other procedure for jurisdiction, legal proceedings on cases about administrative disputes is performed shall be replaced with words administrative courts and administrative boards.

2.2. According to the procedure of administrative legal proceedings the following claims are considered:

2.2.1. claims for contest (cancellation or change) of the administrative act adopted by administrative authority concerning the rights and obligations of person (the claim for contest);

2.2.2. claims for assignment on administrative authority of the corresponding obligation connected with pronouncement of the administrative act and claims for protection against failure to act of administrative authority (claims for coercion);

2.2.3. claims for making by administrative authority of the certain actions which are not connected with pronouncement of the administrative act (claims for obligation fulfillment);

2.2.4. claims for protection against the illegal intervention which is not connected with pronouncement of the administrative act by administrative authority and directly violating the rights and freedoms of person (claims for abstention from making of certain actions);

2.2.5. claims for availability or lack of administrative legal relations, and also for recognition of the administrative act invalid (claims for establishment or recognition);

2.2.6. claims about checks of compliance to the law of acts of normative nature, except for the questions carried to powers of the Constitutional court of the Azerbaijan Republic (claims for compliance to the law);

2.2.7. claims for the property requirements connected with the decision of administrative disputes and also for requirements about payment of compensation for the damage caused by illegal decisions (administrative acts) or actions (failure to act) of administrative authorities;

2.2.8. claims of municipalities against actions of bodies of administrative control or bodies of administrative control against municipalities;

2.2.9. the applications of the Central bank of the Azerbaijan Republic submitted within improvement, the resolution of bank according to the Law of the Azerbaijan Republic "About banks" in connection with involuntary liquidation of bank and appointment of the liquidator, the beginning of insolvency proceeding of bank, alienation of share of person having the prevailing share in the capital of bank or withdrawal of this share from bank and other measures of supervision.

Article 3. Administrative courts and judicial boards 

3.1. Except for stipulated in Clause 3.2 of this Code of cases, administrative disputes as Trial Court consider administrative courts.

3.2. Claims for disputes (statements) provided by Chapters XV, XVI, XVII, XVIII, XVIII-I, XVIII-II, XIX   of this Code consider administrative boards of Appeal Courts of the Azerbaijan Republic as Trial Court. By consideration of administrative disputes by Appeal Courts as the first instance if Chapters XV, XVI, XVII, XVIII  of this Code do not provide other procedure, in connection with production in Trial Court the corresponding procedural rules established by this Code are applied.

3.3. Administrative disputes in appeal procedure consider administrative boards of Appeal Courts of the Azerbaijan Republic.

3.4. Administrative disputes in cassation procedure are considered by administrative board of the Supreme Court.

3.5. In courts on cases on administrative disputes administrative disputes are considered by the judge solely.

3.6. Administrative disputes in administrative boards of Appeal Courts of the Azerbaijan Republic (both as Trial Courts, and as Appeal Courts) are considered by judicial structure from three judges (from the permanent chairman and two judges).

3.7. Administrative disputes in cassation procedure are considered by judicial structure from three judges (from the permanent chairman and two judges).

3.8. If this Code does not establish other procedure, the organization and legal status of administrative courts and administrative boards are regulated by the Law of the Azerbaijan Republic "About courts and judges".

Article 4. Procedure for adjudication

4.1. Due to the consideration and permission of administrative dispute the judgment is passed. The decision is constituted in writing and signed by the judge (when considering the case in joint procedure, each of judges who is judicial part).

4.2. When considering the case about administrative dispute by judicial structure from 3 judges, the judgment is made by a majority vote. Any of judges has no right to refrain from vote. The chairman votes the last.

4.3. The judge who remained in minority has the right to constitute in writing the special opinion and to file this opinion. The special opinion of the judge of board about administrative courts of appellate instance and the Supreme Court is published together with the solution of the corresponding judicial structure.

Article 5. Field meetings of administrative courts and judicial boards

Administrative courts and judicial boards can hold, in case of need, within the territorial jurisdiction field judicial sessions in other cities or settlements.

Article 6. Distribution of cases in administrative courts and boards

Distribution of cases in administrative courts and boards is conducted according to rules of clerical work.

Article 7. Suspension of proceeedings about dispute

7.1. With complete or partial dependence of dispute decision from availability or lack of the legal relationship constituting subject of other administrative dispute considered during this period, or which is subject to consideration by administrative authority court can suspend proceeedings to permission of this dispute or before pronouncement of the relevant decision by administrative authority. In case of permission of question of suspension of proceeedings the court considers the circumstances connected with feasibility of its continuation.

7.2. If during administrative legal proceedings impact on dispute decision about criminal prosecution in connection with crime execution can be exerted, connected with matter in issue or the disputed legal relationship and also if the judgment depends on the solution of question on criminal or civil case, the court stops consideration of the case before completion of production on criminal or civil case.

7.3. On any production stage the court can taking into account the facts of the case on own initiative or at the request of one of the parties to suggest them to resolve dispute by means of mediation. If between the parties the agreement on application of the procedure of mediation is signed, legal proceedings stop before submission of the voluntary settlement and the protocol on results of mediation.

Article 8. Determination of judicial jurisdiction

8.1. In case of determination of territorial jurisdiction of administrative disputes the following rules are applied:

8.1.1. the administrative disputes connected with real estate or with the rights or legal relationship connected with certain territory are considered by court in the location of this property or the territory;

8.1.2. claims for contest are considered by court in the location of the administrative authority which adopted the disputed administrative act. If the administrative act is taken out by administrative authority which powers cover the territory to which jurisdiction more extends than one court, claims against these administrative acts are considered by court at the place of residence or the location of person, the rights (protected by the law interests) which are affected. Claims against the Azerbaijan Republic in the territories relating to powers of the diplomatic representations and consulates located outside the Azerbaijan Republic are considered by courts in the location of relevant organ of the executive authority. The corresponding rules, stipulated in Clause 8.1.2 of this Code, extend also to requirements about coercion and obligation fulfillment;

8.1.3. the claims against administrative authority connected with the office legal relationship which are existing or earlier existing between this body and the judge, the government employee or the serviceman and also the disputes connected with emergence of such legal relationship are considered by court in the location of office living space of the claimant, in case of lack of such living space - in the place of his residence, and in case of its absence - in the location of the administrative authority which took out primary administrative act (defendant);

8.1.3-1. The claims connected with action or failure to act of the captain of the ocean ship or inland navigation vessel floating under National flag of the Azerbaijan Republic in connection with the certificate of the will or with refusal of its certificate, are considered by court in the place of port of registration this vessel.

8.1.4. in other cases claims are considered by court in the location, the residence of the defendant, and in case of lack of the residence - in the place of its stay or the last residence or the place of stay.

8.2. If on subject or territorial jurisdiction consideration of dispute does not belong to powers of court, it, having heard the parties, determines, proceeding from the official position, jurisdiction of dispute also directs the case connected with this dispute on jurisdiction to the relevant authorized court.

8.3. If consideration of dispute belongs to powers more than one court, the court directs the case connected with dispute to the court chosen as the claimant or the applicant. If the claimant or the applicant did not perform this choice, the court directs the case connected with dispute to the relevant authorized court according to rules about jurisdiction.

8.4. In case of contest of one of the parties of jurisdiction of court the question of reference of consideration of dispute to its powers solves court.

8.5. In provided by Articles 8.2 - 8.4 of this Code cases the court takes out reasonable determination. Determination of court about jurisdiction can be appealed in superior court within 10 days from the moment of provision of this determination.

8.6. After the introduction in legal force of determination of administrative court about jurisdiction this determination is obligatory for administrative boards of Appeal Courts or court to which case, except as specified, stipulated in Article 9.1.3 of this Code is directed. Determination of administrative board of Appeal Court after entry into force is obligatory for court to which the case connected with dispute is directed.

Article 9. Determination of authorized court on territorial jurisdiction

9.1. In the following cases the authorized court is determined by territorial jurisdiction by higher degree of jurisdiction:

9.1.1. if the authorized court cannot perform in specific case legal proceedings from the legal or actual point of view;

9.1.2. if more than one court consider themselves authorized;

9.1.3. if the court to which the case connected with dispute is directed considers itself not authorized.

9.2. If the authorized court cannot be determined according to the procedure, stipulated in Article 8.1 of this Code, the authorized court is determined by the Supreme Court.

9.3. Each of participants of legal proceedings or the court considering dispute can appeal to superior court in connection with question of jurisdiction. The superior court has the right to pass the decision according to the address without conducting oral judicial review.

Article 9-1. Conducting administrative legal proceedings in electronic form

9-1.1. In courts in which the information system "Electronic Court" is applied at the choice of the claimant (applicant) administrative legal proceedings can be performed electronically, according to the general procedural rules established by this Code with use of the information system "Electronic Court".

9-1.2. Creation, the direction, obtaining, electronic registration and the electronic circulation of court decrees, determinations, orders (further - court resolutions), statements, claims and other documents court and participants of process is performed according to the rules of use of the information system "Electronic Court" determined by relevant organ of the executive authority together with the Supreme Court of the Azerbaijan Republic.

9-1.3. When conducting administrative legal proceedings electronically such production, including the direction and reception of applications, claims and other documents, and also delivery of court documents to court and participants of process, is performed by means of the electronic office created in the information system "Electronic Court".

9-1.4. The court resolutions and other documents submitted according to Article 9-1.3 of this Code cannot be requested in other procedure.

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