LAW OF THE AZERBAIJAN REPUBLIC

of March 15, 2016 No. 176-VQ

About licenses and permissions

This Law according to Items 1 and 10 of part 1 of article 94 of the Constitution of the Azerbaijan Republic establishes legal, economic and organizational regulation of system of licenses and permissions in connection with implementation of business activity (except for areas of the financial markets) in the Azerbaijan Republic.

Chapter 1. General provisions

Article 1. Basic concepts

1.0. The basic concepts used in this Law have the following values:

1.0.1. the applicant - the legal entity, branch, representation of the foreign legal entity, irrespective of form of business, and the business owner, filing petition in the body granting licenses and permissions for receipt of the license and permission;

1.0.2. the body granting the license - the state body having powers of licensing;

1.0.3. the body issuing permission - the administrative authority having powers of issue of permission;

1.0.4. the owner of the license (permission) - the legal entity, branch, representation of the foreign legal entity, irrespective of form of business, and the business owner, having the license (permission);

1.0.5. system of licenses and permissions - set of the procedures connected with establishment of the list of permissions and types of activity on which implementation the license, is required by licensing (permission), its duplicate and amendment, renewal, suspension, recovery and cancellation of the license (permission), control of observance of its conditions;

1.0.6. license conditions - the requirements established by the laws of the Azerbaijan Republic which the applicant for receipt of the license and the owner of the license shall perform when implementing the activities specified in the license;

1.0.7. permission conditions - the requirements established by the laws and other regulatory legal acts of the Azerbaijan Republic which the applicant for receipt of permission and the owner of permission shall perform when implementing the action specified in permission;

1.0.8. the license - the official document issued by the body granting the license to the applicant for implementation of the corresponding type of business activity;

1.0.9. the general license - the license granting the right to implementation of type of activity, the requiring license without receipt of the special license for all its subspecies separately;

1.0.10. the special license - the license granting the right to implementation of one or several subspecies of type of activity on which implementation the license is required;

1.0.11. permission - the official document (permission, consent, the certificate, the certificate, accreditation and so forth) issued by the body issuing permission for implementation of the corresponding type of business activity or accomplishment of the certain actions (further - actions) connected with implementation of business activity the agreement signed with the applicant and other any action made concerning the applicant;

1.0.12. authority - the relevant organ of the executive authority performing state policy and methodical management in the field of licensing (permission);

1.0.13. the principle of "one window" - the simplified administrative production provided in article 13 of this Law in connection with licensing and permissions.

Article 2. Legislation of the Azerbaijan Republic on licenses and permissions

2.1. The legislation of the Azerbaijan Republic on licenses and permissions consists of the Constitution of the Azerbaijan Republic, the Law of the Azerbaijan Republic "About business activity", this Law, the Law of the Azerbaijan Republic "About administrative production" and other legal acts of the Azerbaijan Republic.

2.2. In case of establishment of rules in interstate agreements which party is the Azerbaijan Republic other than this Law, these international treaties are applied.

Article 3. Scope of the law

3.1. This Law regulates criteria of determination of permissions and types of activity on which implementation the license, in connection with implementation of business activity in the Azerbaijan Republic (except for areas of the financial markets), their list, the principles of state regulation of system of licenses and permissions, rules of licensing (permission), its duplicate and amendment, renewal, suspension, recovery and cancellation of the license (permission), responsibility of the bodies granting the license and permission, their officials and owners of the license (permission) is required.

3.2. This Law (except for areas of the financial markets) extends on all legal entities, branches and representations of foreign legal entities, irrespective of form of business, and the business owners acting in the territory of the Azerbaijan Republic and also to the bodies granting the license and permission.

3.3. With observance of requirements of this Law, the regulatory legal acts provided by articles 1.0.6 and 1.0.7 of this Law the special rules on issue of licenses (permissions) and provision supplementing the provisions provided in this Law can be established.

3.4. The system of licenses and permissions in the field of the financial markets is established by the Civil code of the Azerbaijan Republic, the laws of the Azerbaijan Republic "About banks", "About the Central bank of the Azerbaijan Republic", "About non-bank credit organizations", "About mail", "About insurance activity", "About investment funds", "About currency control", "About payment services and payment systems", "About the security market" and other laws adopted in the field of the financial markets.

3.5. The relations in the field of licenses and permissions in the Alyatsky free economic zone are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 4. Establishment of permissions and types of activity on which implementation the license is required

4.1. Permissions and types of activity on which implementation the license is required (except for areas of the financial markets) are reflected in other laws of the Azerbaijan Republic regulating the respective area only after establishment by this Law. Establishment of cases of release from receipt of licenses and permissions in any legal act, except the laws of the Azerbaijan Republic regulating the respective area and also permissions and types of activity on which implementation the license, in any other legal act, except this Law establishing permissions and types of activity on which implementation the license, and other laws of the Azerbaijan Republic regulating the respective area, inadmissibly is required is required.

4.2. Permissions and types of activity on which implementation the license is required are established taking into account one of the following criteria:

4.2.1. the type of activity makes impact on state security;

4.2.2. the type of activity implies use of limited natural resources;

4.2.3. the type of activity can make negative impact on ecological state of environment;

4.2.4. the type of activity creates danger to life, health and property of any number of persons.

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