RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of May 1, 2000 No. 80

About approval of the Procedure for control of activities of judicial supervisors and legal executives

For the purpose of ensuring execution of the fourth paragraph of Item 1 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About judicial supervisors and legal executives" of January 5, 2000 the No. 246 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Procedure for control of activities of judicial supervisors and legal executives" it (is applied).

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

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of May 1, 2000, No. 80

Procedure for control of activities of judicial supervisors and legal executives

I. General provisions

1. This Procedure No. 246 is developed based on the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About judicial supervisors and legal executives" of January 5, 2000 and determines procedure for control of activities of judicial supervisors and legal executives.

2. Control of activities of judicial supervisors and legal executives, except for judicial supervisors of the Constitutional court of the Azerbaijan Republic, the Supreme Court of the Azerbaijan Republic, is performed by Head department of legal executives of the Ministry of Justice of the Azerbaijan Republic, the Ministry of Justice of the Nakhchivan Autonomous Republic.

3. The claims and statements which arrived in the Ministry of Justice and the Ministry of Justice of the Nakhchivan Autonomous Republic in connection with activities of judicial supervisors and legal executives, the reasons of receipt of claims, general statistical data, the data of courts connected with execution of judgments, etc. are analyzed, and at the same time person performing prepares the verification plan. This plan affirms the Minister of Justice.

II. Check of activities of legal executives

1. When checking activities of legal executives person performing first of all attentively studies incomplete enforcement proceedings, gets acquainted with each unexecuted case, studies the delay reasons, if necessary instructs in execution acceleration. In case of doubts in actual reasons of delay person performing can invite the debtor for conversation to eliminate the arisen doubts.

2. Check of works in progress begins with their inventory count. All enforcement proceedings are registered on sequence numbers and their entry in the book of registration is checked. In case of establishment of discrepancies measures to examination and elimination of their reasons shall be taken.

3. Correctness of preparation of executive documents, reflection in them the executive actions made by the executive official, service of notice to the debtor, check of property status of the debtor on site, the belongings list or imposing on it of arrest, payment by the debtor of money to bank or the legal executive, money transfer into the deposit account of the legal executive and use of it, creation of the mailing for sending the withheld amount to the claimant, issue to the claimant of the check for receipt of money, motivation of adjournment of executive actions in production process, issue of requests for tendering, priority of satisfaction of requirements, etc. is at the same time checked. The documents which arrived to the legal executive in connection with execution of decisions of the courts and other bodies shall be in those enforcement proceedings which they treat.

4. Besides, person performing checks accomplishment of the obligations established by the legislation by the legal executive considering execution of the punishment in the form of social jobs in the form of penalty, execution of the punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, execution of the punishment in the form of corrective works, implementation by legal executives of control for conditionally condemned, in addition to attraction to the punishment which is not connected with imprisonment, to fulfillment of requirements of court orders about forced treatment in specialized medical institution of persons concerning whom enforcement powers of medical nature for the purpose of the treatment of alcoholism or drug addiction including which allowed the administrative offense providing administrative detention, needing treatment for drug addiction are determined.

5. Person performing studies also role of heads of structure of executive judges and the chairman of justices in the organization of performing work whether control of activities of the executive official is exercised by them, whether work on execution of judgments is discussed at the operational meetings of judicial workers, whether practical help is given by the judge to the legal executive.

III. Check of activities of judicial supervisors

When checking activities of judicial supervisors first of all observance of the existing legal acts by them, worthy accomplishment of job responsibilities, providing the site charged to them, observance of statutory rules, accomplishment of the principles of subordination on post is checked.

IV. The measures connected with results of check

1. The purpose of realization of results of check consists in elimination of the shortcomings and violations which are available in work, the reasons of their emergence, promotion of positive forms and methods of the organization of work, their application in daily practice.

2. During check person performing holds with the judicial supervisor and the legal executive comprehensive conversation on each violation revealed when studying specific case finds out content of this violation and establishes its reasons. Person performing shall take measures to recovery violated the rights and the interests of citizens. At the same time person performing shall estimate degree of responsibility of the judicial supervisor and legal executive for the allowed violations.

3. By results of check the reference in which the general characteristic of condition of the done work is given is prepared, both the positive sides and established shortcomings and their reasons are noted. Results of check are discussed in court and at the operational meetings of the Ministry of Justice and Ministry of Justice of the Nakhchivan Autonomous Republic.

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