RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of February 24, 2012 No. 46

About approval of Rules of consideration of claims in the absence of actus reus signs in claims to domestic violence

For the purpose of ensuring execution of Item 1.3 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About prevention of domestic violence" of October 1, 2010 the No. 331 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules of consideration of claims about domestic violence in the absence of actus reus signs" (are applied).

1-1. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of 05.03.2024 No. 116

2. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of February 24, 2012 No. 46

Rules of consideration of claims about domestic violence in the absence of actus reus signs

1. General provisions

1.1. These rules are developed according to article 5.2 of the Law of the Azerbaijan Republic "About prevention of domestic violence" of June 22, 2010 No. 1058-IIIQ and determine claim treatment procedure about domestic violence in the absence of actus reus signs.

1.2. The claims which do not have actus reus about domestic violence are considered by local executive bodies in the place of residence (stay) of person which was affected by domestic violence (daleepostradavshy person).

1.3. According to article 6.3 of the Law investigation of the claims which do not have actus reus about domestic violence is conducted only in case of the consent of affected party or its representatives.

1.4. According to article 7.0.8 of the Law if as a result of consideration of the claim about domestic violence the reasons for initiation of legal proceedings are not established, the body performing criminal prosecution sends this claim to executive body in the place of residence (stay) of injured person.

1.5. According to article 6.2 of the Law officials state and regional authorities, the commissions on cases and protection of the rights of minors, guardianship and custody bodies, organizations of education and medicine, the centers of the help represent to executive body in the place of residence (stay) of injured person the complaints about domestic violence received when implementing service duties.

1.6. According to article 8.0.2 of the Law in the presence in the complaint received in connection with domestic violence of information on the preparing or committed crime this claim goes to the relevant organ performing criminal prosecution.

1.7. The clerical work according to information obtained in connection with domestic violence is conducted according to the "Rules of record keeping in public authorities, organizations, the organizations and the companies for offers, statements and claims of citizens" approved by the Presidential decree of the Azerbaijan Republic of December 29, 1998 No. 52 with observance of the mode of confidentiality.

2. Reasons for conducting investigation of rather domestic violence

2.1. According to article 6.1 of the Law are the reasons for conducting investigation of rather domestic violence:

2.1.1. claim of the victim or members of his family;

2.1.2. according to the appeal of physical persons or legal entities, public authorities and local self-government, including educational and medical institutions, non-governmental organizations, subjects of media.

3. Procedure for consideration of the claim in connection with domestic violence

3.1. The claim about domestic violence is considered within 5 (five) working days and according to it the relevant decision is made. In the specified time according to article 8 of the Law preliminary inquiry shall be made and in case of identification of the fact of domestic violence necessary measures for safety of the victim shall be taken, and also future actions for non-admission of similar cases in the future are determined.

3.2. In need of collection of additional materials for conducting investigation and studying of additional details the term established in Item

3.1 these rules, it can be prolonged for 5 (five) days.

3.3. For the purpose of establishment of the circumstances specified in the arrived information on domestic violence, the parties are listened separately and in appropriate cases on-site investigation of incident is without delay made.

3.4. Upon the demand of injured person hearing is carried out in the presence of the lawyer and the psychologist. If the heard person does not know Azerbaijani, translation service is used.

3.5. If person fell victim of domestic violence 16 years or person with disability are younger, the teacher or the psychologist is involved in investigation and hearings.

3.6. During the investigation its rights, involvement of person who committed violence to responsibility, and also procedure for appeal to the court on this matter are explained to the applicant, injured person is given legal aid, in the center of the help it is provided with provisional asylum, seasonal clothes and food, medical and psychological assistance.

3.7. The body performing investigation shall render assistance in normalization of the relations of the parties, and also protection of the rights and legitimate interests of the minors which were affected by domestic violence including in the cases provided by the law in connection with urgent withdrawal of the child at parents (one of them) or persons which took it under guardianship (guardianship measure) shall be accepted.

4. The decision by results of consideration of the claim

4.1. According to article 9 of the Law depending on results of consideration of the applications on domestic violence it is taken out one or several of the following decisions:

4.1.1. explanation to person who committed domestic violence about its criminal and administrative responsibility, the warning of non-admission of repeated cases of domestic violence and issue to the victim of the short-term warrant for protection;

4.1.2. appeal to the court with the petition for deprivation or restriction of the parent rights of person who committed domestic violence;

4.1.3. the appeal to competent state bodies about attraction to the criminal or administrative responsibility of person at which acts there is actus reus or administrative act;

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