Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

Approved by the Law of the Azerbaijan Republic of December 29, 2015, No. 96-VQ

THE CODE OF THE AZERBAIJAN REPUBLIC ABOUT ADMINISTRATIVE OFFENCES

(as amended on 23-02-2021)

General part

Section I. General provisions

Chapter 1. Legislation of the Azerbaijan Republic on administrative offenses, its tasks and principles

Article 1. Legislation of the Azerbaijan Republic on administrative offenses

1.1. The legislation of the Azerbaijan Republic on administrative offenses consists of of this Code.

1.2. This Code is based on the Constitution of the Azerbaijan Republic, and also the commonly accepted regulations and the principles of international law.

1.3. The laws determining the administrative responsibility and providing imposing of collection on persons who made administrative offenses are applied only after their inclusion in this Code.

1.4. Acts (action or failures to act) involving the administrative responsibility in the Alyatsky free economic zone and the censure of person which made administrative offense for the specified acts are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 2. Tasks of the legislation of the Azerbaijan Republic on administrative offenses

2.1. The legislation of the Azerbaijan Republic on administrative offenses has task protection of rights and freedoms of man and citizen, human health, sanitary and epidemiologic wellbeing of the population, public morals, property, economic interests of persons, public order and public safety, the environment, rules of management, strengthening of legality and the prevention of administrative offenses.

Article 3. Bases of the administrative responsibility

3.1. It is brought to the administrative responsibility and only such person who is found guilty of making of the administrative offenses provided by this Code is punished and made act (action or failure to act) having all other signs of structure of administrative offense.

Article 4. Principles of the legislation of the Azerbaijan Republic on administrative offenses

4.1. This Code is based on the principles of respect of rights and freedoms of man and citizen, legality, equality before the law, presumption of innocence, justice and the prevention of administrative offenses.

Article 5. Principle of respect of rights and freedoms of man and citizen

5.1. Rights and freedoms of man and citizen have the highest value. All state bodies, structures and officials who allowed violation of such rights and freedoms bear responsibility.

5.2. This Code provides the prevention with state bodies, structures and officials of violation of rights and freedoms of man and citizen and respect for these rights and freedoms.

5.3. In case of application of measures of ensuring production for cases on administrative offenses the publication of resolutions and making of the actions degrading human dignity is inadmissible.

Article 6. Principle of legality

6.1. Administrative punishments for administrative offenses are applied according to this Code.

6.2. Observance of requirements of the legislation in case of application of measures of ensuring production for cases on administrative offenses is provided with managerial supervision of higher bodies and officials, judicial and public prosecutor's supervision and the right of appeal.

6.3. Application of the legislation of the Azerbaijan Republic on administrative offenses by analogy is inadmissible.

Article 7. Principle of equality before the law

7.1. Persons who made administrative offenses are equal before the law irrespective of race, nationality, religion, language, floor, origin, property or official position, beliefs and other circumstances. Nobody can be brought to the administrative responsibility or is exempted from the administrative responsibility on the bases provided by this Article.

7.2. The immunity of the former President of the Azerbaijan Republic and his spouse (spouse) connected with the administrative responsibility is regulated by the Constitutional Law of the Azerbaijan Republic "About providing the Ex-president of the Azerbaijan Republic and members of his family".

7.3. Legal entities are brought to the administrative responsibility irrespective of pattern of ownership, the location, legal form and subordination.

Article 8. Principle of presumption of innocence

8.1. Person concerning whom proceeedings about administrative offense are conducted is found not guilty if his guilt is not proved according to the procedure, provided by this Code, and is not established by the become effective decision of the judge, authority (official) who considered proceeedings about administrative offense.

8.2. Person brought to the administrative responsibility shall not prove the innocence.

8.3. Doubts concerning guilt of person brought to the administrative responsibility are permitted in its advantage.

Article 9. Concept of justice

9.1. The collection applied concerning person who made administrative offense shall be fair, that is correspond to nature of administrative offense, circumstances of its making and the identity of person found guilty of making of administrative offense.

9.2. Nobody can be brought to the administrative responsibility for the same administrative offense twice. If after administrative prosecution for the lasting administrative offense person continues to make this offense, it is brought to the administrative responsibility.

Article 10. Principle of the prevention of administrative offenses

State bodies (structures) and municipalities develop and perform actions in the field of the prevention of administrative offenses, identification and elimination of the reasons and conditions promoting making of administrative offenses, increases in sense of justice and culture of citizens and their education in the spirit of strict observance of the laws of the Azerbaijan Republic.

Article 11. Operation of the legislation of the Azerbaijan Republic on administrative offenses

11.1. In the Azerbaijan Republic conducting production on cases on administrative offenses, acceptance and execution of resolutions on them are performed according to the legislation of the Azerbaijan Republic on administrative offenses existing at the moment.

11.2. The regulatory legal acts mitigating or eliminating responsibility for administrative offenses have retroactive force, that is extend also to offenses which were made before adoption of these acts, and also on offenses, decisions on application of administrative punishment on which are not performed completely.

11.3. The regulatory legal acts determining or aggravating responsibility for administrative offenses have no retroactive force.

Chapter 2. Administrative offense and administrative responsibility

Article 12. Concept of administrative offense

12.1. Administrative offense act (action or failure to act) which attracts the administrative responsibility is recognized encroaching on the public relations protected by this Code illegal, guilty (intentional or careless).

12.2. The administrative responsibility for the acts provided in the Special part of this Code comes if these acts of criminal liability are not subject.

Article 13. Making of administrative offense is intentional

Administrative offense is recognized committed intentionally if person which made it understood illegal nature of the act (action or failure to act), expected its harmful effects and wished them or consciously allowed approach of these effects.

Article 14. Making of administrative offense on imprudence

Administrative offense is recognized committed on imprudence if person which made it expected possibility of approach of harmful effects of the act (action or failure to act), but, without having on that good causes, expected their prevention, or, without having shown necessary attention and care, did not expect possibility of approach of such effects though shall and could expect them.

Article 15. Diminished responsibility

Person who during making of illegal act (action or failure to act) was in diminished responsibility condition is not subject to the administrative responsibility, that is could not realize the actual nature and public danger of the actions or direct them owing to chronic mental disease, temporary violation of mental activities, weak-mindedness or other mental disease.

Article 16. Administrative responsibility of physical persons

16.1. The physical persons which reached by the time of making of administrative offense of sixteen-year age are subject to the administrative responsibility.

16.2. Persons aged from sixteen up to eighteen years which for the first time made administrative offenses except for of the administrative offenses providing administrative punishment in the form of administrative detention or social jobs can be exempted from the administrative responsibility by the commissions on cases and protection of the rights of minors taking into account their mental development, living conditions, the state of health and education, and the corrective actions determined by "Regulations on the commissions on the cases and protection of the rights of minors" approved by the Law of the Azerbaijan Republic of May 31, 2002 No. 336-IIQ can be applied to such persons.

16.3. The military personnel in cases when it is directly provided by disciplinary charters, bears disciplinary responsibility for administrative offenses, and in other cases - the administrative responsibility in accordance with general practice. Social jobs, and also administrative detention for other administrative offenses, except for the administrative offenses provided by Chapter of 41 of this Code cannot be applied to the military personnel. And social jobs cannot be also applied to military personnel of urgent active duty and cadets of the educational institutions of special purpose training the military personnel.

16.4. The judge, authority (official) which is granted the right of imposing of the administrative punishments have the right instead of imposing of administrative punishment concerning persons specified in Article 16.3 of this Code to transfer materials on the case of administrative offense to relevant organs of the executive authority of the Azerbaijan Republic for the solution of question of involvement of guilty persons to disciplinary responsibility.

16.5. Foreigners and stateless persons for the administrative offenses made in the territory of the Azerbaijan Republic are subject to the administrative responsibility in accordance with general practice.

16.6. The question of responsibility for the administrative offenses made in the territory of the Azerbaijan Republic by foreigners who according to international treaties of the Azerbaijan Republic use immunity in the Azerbaijan Republic is allowed according to rules of international law.

Note:

1. In Article 16.3 of this Code under "military personnel" officers, ensigns, warrant officers of relevant organs of the executive authority of the Azerbaijan Republic, the military personnel of extra urgent service, the military personnel of urgent active duty and cadets of the educational institutions of special function training the military personnel mean.

2. In this Code under "foreigners" persons who are not citizens of the Azerbaijan Republic mean and have nationality of other state.

3. In this Code under "stateless person" person who is not considered the citizen of any state based on its law means.

Article 17. Administrative responsibility of officials

Officials are subject to the administrative responsibility for the administrative offenses connected with failure to carry out or inadequate accomplishment of the service duties by them.

Note: Officials persons who perform function of the representative of the government, persons who work constantly or temporarily at organizational and administrative or administrative positions in the state bodies, municipalities, Armed Forces of the Azerbaijan Republic, other army connections created according to the legislation of the Azerbaijan Republic in the state and non-state organizations, organizations and the companies, including in legal entities of the public law, or persons who carry out similar obligations owing to special powers, and also physical persons which perform such powers are recognized, being engaged in business activity without formation of legal entity.

Article 18. Administrative responsibility of legal entities

18.1. Legal entities, including foreign legal entities and branches and representations of foreign legal entities for the administrative offenses provided by the Special part of this Code are subject to the administrative responsibility.

18.2. The legal entity is brought to the administrative responsibility for the administrative offenses made for benefit of this legal entity or for protection of its interests by the following persons:

18.2.1. the official having powers to represent the legal entity;

18.2.2. the official having powers to make decisions on behalf of the legal entity;

18.2.3. the official having powers to control activities of the legal entity;

18.2.4. the worker of the legal entity, as a result of not control from the officials provided by Articles 18.2.1-18.2.3 of this Code.

18.3. Involvement of the legal entity to the administrative responsibility does not exclude the administrative responsibility of the official who made this act or in any type taken part in its making.

18.4. Cessation of production of case on administrative offense based on Article 53.1.8 of this Code concerning the official, stipulated in Article 18.2 of this Code, is not obstacle for involvement of the legal entity to the administrative responsibility.

18.5. Administrative punishment is applied to the legal entity only by the judge.

18.6. If authorized bodies (officials) will be convinced available the bases determined in Article 18.2 of this Code, send the protocol on administrative offense for consideration to court.

18.7. In the absence of the bases determined in Article 18.2 of this Code, authorized bodies (officials) make the decision on the case of administrative offense.

18.8. By reorganization of the legal entity before adoption of the decision by court on the case of administrative offense, the legal receiver of the legal entity is brought to the administrative responsibility. Before execution or cancellation of the judgment on the case of administrative offense, reorganization or liquidation of the legal entity according to the decision of founders (participants) or the body authorized on it by the charter of the legal entity are prohibited.

Chapter 3. The circumstances excluding the administrative responsibility

Article 19. Emergency

19.1. Action which though corresponds to signs of the acts provided by the Special part of this Code is not recognized administrative offense, but it is made in emergency condition, that is for elimination of danger, life-threatening, to health or the rights of it or other persons, to the state or public concerns if such danger could not be eliminated with other means and if at the same time exceeding of limit of emergency is not allowed.

19.2. Damnification, obviously not corresponding to nature and degree of the occurred danger, and also conditions of elimination of this danger and if the damage suffered is equivalent or exceeds the prevented harm, then it is considered exceeding of limit of emergency. Exceeding of limit of emergency in such procedure is the reason of the administrative responsibility, only in case of intentional damnification.

Article 20. Justifiable defense

20.1. Action which though corresponds to signs of the acts provided by the Special part of this Code is not recognized administrative offense, but it is made in condition of justifiable defense, that is in case of protection, life, health and the rights of the defending or other person, the state and public concerns from illegal encroachment, by causing encroaching harm without exceeding of limit of justifiable defense.

20.2. The intentional actions which obviously are not corresponding to nature and degree of public danger of encroachment are considered as exceeding of limit of justifiable defense.

Chapter 4. Administrative punishment

Article 21. Purposes of administrative punishment

Administrative punishment is measure of responsibility and is applied for the purpose of education of person who made administrative offense in the spirit of compliance with laws, and also for the purpose of the prevention of making of new administrative offense as person who made administrative offense and other persons.

Article 22. Types of administrative punishments

22.1. Types of administrative punishments is the following:

22.1.1. prevention;

22.1.2. administrative penalty;

22.1.3. confiscation of the subject which was the tool of making or direct subject to administrative offense;

22.1.4. restriction of the special right granted to physical person;

22.1.5. social jobs;

22.1.6. administrative expulsion out of limits of the Azerbaijan Republic;

22.1.7. administrative detention.

22.2. The types of administrative punishments provided by Articles 22.1.1-22.1.3 of this Code are applied to legal entities.

Article 23. Main and additional types of administrative punishments

23.1. The prevention, administrative penalty, social jobs or administrative detention are applied as main types of administrative punishment.

23.2. Confiscation of the subject which was the tool of making or direct subject to administrative offense, restriction of the special right granted to physical person, administrative expulsion out of limits of the Azerbaijan Republic can be applied both as the main, and as additional types of administrative punishment.

23.3. For one administrative offense can be applied the main or main and additional collection.

Article 24. Prevention

24.1. The prevention as type of administrative punishment is measures of the official warning of inadmissibility of illegal act which are taken concerning persons. The warning is issued in writing.

24.2. If the prevention is provided in the relevant article of the Special part of this Code, then it is applied in that case when for the offense provided in this Article, person for the first time is brought to the administrative responsibility and the harm done as a result of offense completely is compensated.

Article 25. Administrative penalty

25.1. The administrative penalty is the sum of money appointed by the judge, authority (official) and compulsorily levied from the perpetrator for benefit of the state in the cases provided by this Code.

25.2. The administrative penalty can be expressed in manats or in the following other criteria:

25.2.1. in the cost of the subject which became direct subject to administrative offense at the time of completion or prevention of administrative offense;

25.2.2. in the amount of the harm (the got profit) caused as a result of administrative offense;

25.2.3. the amount subject to payment, however not paid payments, taxes on the moment of completion or prevention of administrative offense.

25.3. It is excluded according to the Law of the Azerbaijan Republic from! 31.05.2018 No. 1168-VQD

25.4. The size of the penalty estimated in manats and levied for administrative offenses from physical persons cannot be more than five thousand manats, the size of the penalty levied from officials - more than ten thousand manats, the size of the penalty levied from legal entities - more than fifty thousand manats.

25.5. The size of the penalty measured at the cost of the subject which was direct subject to administrative offense cannot exceed hundred percent of cost of this subject, and the size of the penalty measured by the amount of unpaid payments, taxes - hundred fifty percent of these payments, taxes.

25.6. The size of the penalty measured at the harm cost (the got profit) caused as a result of administrative offense cannot exceed the tenfold extent of this harm (the got profit).

25.7. In cases, stipulated in Article 116.1 of this Code, the administrative penalty is applied conditionally.

25.8. The administrative penalty is transferred to the government budget of the Azerbaijan Republic, except as specified, established by the law.

Article 26. Confiscation of the subject which was the tool of making or direct subject to administrative offense

26.1. Confiscation of the subject which is in private property of the guilty person and was the tool of making or direct subject to administrative offense consists in the forced non-paid address of this subject to property of the state in the cases provided by the Special part of this Code.

26.2. Confiscation of the subject which was the tool of making or direct subject to administrative offense is applied by the judge.

26.3. Confiscation of firearms, ammunition and other tools of hunting cannot be applied to persons for whom hunting is the main source of existence.

26.4. The procedure for application of confiscation is established by this Code.

Article 27. Restriction of the special right granted to physical person

27.1. Restriction of the special right of physical person with term from two months to two years is applied for gross or systematic violation of procedure for use of this right if this right is provided in the Special part of this Code.

27.2. Except for case, stipulated in Article 327.7 of this Code, restriction of the special right granted to physical person is applied only by the judge.

27.3. Except as specified, the provided Articles 327. 8, 333, 342.8 and 343 of this Code, restriction of the right of control of vehicles cannot be applied to persons who use these means in connection with disability.

27.4. Restriction of the right of control of vehicles without imposing of administrative penalty is made when the driver within year gained 20 and more points for committed offenses which are estimated in points and 327.7 of this Code are stipulated in Article.

27.5. Restriction of the right of hunting cannot be applied to persons for whom hunting is the main source of existence.

Article 28. Social jobs

28.1. Social jobs consist in accomplishment-faced to which public collection in the form of social jobs, unpaid socially useful works for benefit of society in time, free from the main work or education, is applied.

28.2. Social jobs can be applied only by the judge.

28.3. Social jobs are established in terms from sixty to two hundred forty watch and cannot exceed four hours a day.

28.3-1. The obligation is assigned to persons to whom the court applies administrative punishment in the form of social jobs to carry on itself electronic control facility in places of accomplishment of these works and to service this means for maintenance it in working order.

28.4. Social jobs cannot be applied to the following persons:

28.4.1. persons with disability of the first and second degree, children up to 18 years with limited opportunities of health;

28.4.2. expectant mothers;

28.4.3. the women having in charge the child aged up to three years;

28.4.4. the men alone raising the child who did not reach three years;

28.4.5. the men and women who reached retirement age;

28.4.6. serviceman.

Article 29. Administrative expulsion out of limits of the Azerbaijan Republic

29.1. Administrative expulsion out of limits of the Azerbaijan Republic of foreigners or stateless persons is applied in the cases provided by the Special part of this Code.

29.2. Administrative expulsion out of limits of the Azerbaijan Republic is applied by the judge or authorized body (official).

29.3. The right of visit of the Azerbaijan Republic by foreigners or stateless persons, expelled out of limits of the Azerbaijan Republic administratively, is limited from 1 to 5 years.

29.4. Administrative expulsion out of limits of the Azerbaijan Republic is not applied to the persons having the status of the refugee or persons, who were granted political asylum from the Azerbaijan Republic and also the children who are the victims of human trafficking.

29.5. Administrative expulsion out of limits of the Azerbaijan Republic is not applied during 1 year to the foreigners or persons without citizenship who are considered as victims of human trafficking, and to the foreigners or persons without citizenship rendering assistance to criminal prosecution authorities before completion of criminal prosecution.

Article 30. Administrative detention

30.1. Administrative detention is applied by the judge only in exceptional cases, the administrative offenses provided by the relevant articles of the Special part of this Code for separate types term from three days to three months.

30.2. Administrative detention cannot be applied to the expectant mothers, women having the child to 14-year age, to the men who are independently bringing up the child to 14-year age to persons which did not reach eighteen years to persons with disability of the first and second degree, to children up to 18 years with limited opportunities of health to the women who reached sixty years and to the men who reached sixty five years and also to the military personnel for other administrative offenses, except for the administrative offenses provided by Chapter of 41 of this Code.

30.3. The term of administrative detention joins administrative detention in time.

Chapter 5. Imposing of administrative punishment

Article 31. General rules of imposing of administrative punishment

31.1. Collection for administrative offense is imposed according to this Code.

31.2. When imposing administrative punishment on physical or officials the nature of offense, circumstances characterizing the identity of person who made this offense, degree of his fault, property status, and also the circumstances mitigating and aggravating responsibility are considered.

31.3. When imposing administrative punishment on legal entities nature of administrative offense, the extent of the benefit received by the legal entity as a result of administrative offense, or the nature and extent of ensuring its interests, circumstances characterizing the legal entity including its financial and property status, occupation it donation or other socially useful activities, and also the circumstances mitigating and aggravating responsibility are considered.

31.4. In case of establishment in the Special part of this Code only of upper limit of administrative punishment for making of administrative offense, the imposed administrative punishment cannot be less than one fourth of its upper limits.

31.4-1. The limit of other administrative punishment imposed on person detained administratively, except for administrative detention cannot exceed three quarters of the upper limit of administrative punishment set for making of administrative offense in the Special part of this Code.

31.5. Imposing of administrative punishment does not exempt person from accomplishment of obligations which failure to carry out entailed this administrative punishment.

Article 32. The circumstances mitigating responsibility for administrative offense

32.1. The circumstances mitigating responsibility when imposing administrative punishment are recognized:

32.1.1. frank repentance of person who made administrative offense;

32.1.2. making of administrative offense by minors;

32.1.3. making of administrative offense by the expectant mother or woman having the juvenile child;

32.1.4. making of administrative offense as a result of physical or mental compulsion, or as a result of material, job or other dependency;

32.1.5. making of administrative offense with violation of conditions of justifiable defense or the emergency determined by this Code;

32.1.6. making of administrative offense as a result of illegal or obscene actions of the victim or in condition of heat passion (affect) which unexpectedly resulted from similar actions;

32.1.7. elimination by person who made administrative offense, harmful effects of committed administrative offense or voluntary compensation of the caused damage.

32.2. When imposing administrative punishment the judge can also take into account as mitigating responsibility and other circumstances which are not specified in Articles 32.1.1 - 32.1.7 of this Code.

32.3. The circumstance mitigating responsibility, provided by the relevant article of the Special part of this Code as sign of structure of administrative offense cannot repeatedly be considered in case of collection of administrative punishment.

Article 33. The circumstances aggravating responsibility for administrative offense

33.1. The circumstances aggravating responsibility when imposing administrative punishment are recognized:

33.1.1. continuation of illegal action, despite the requirement of persons authorized on that to stop it;

33.1.2. repeated making of homogeneous offense for which person was already exposed to administrative punishment, within year from the date of entry into force of the decision on imposing of administrative punishment;

33.1.3. involvement of the minor in making of administrative offense;

33.1.4. making of administrative offense concerning minors;

33.1.5. making of administrative offense by group of persons;

33.1.6. making of administrative offense in the conditions of natural disaster or in case of other force majeure, or in the period of warlike situation;

33.1.7. making of administrative offense in state of intoxication.

33.2. When imposing administrative punishment, the circumstances which are not specified in Articles 33.1.1 - 33.1.7 of this Code, cannot be considered as the circumstance aggravating punishment.

33.3. The circumstance aggravating responsibility, provided by the relevant article of the Special part of this Code as sign of structure of administrative offense cannot repeatedly be considered in case of collection of administrative punishment.

Article 34. Imposing of administrative punishments when making several administrative offenses

34.1. When making by the same person of two or more administrative offenses administrative punishment is imposed for each offense separately.

34.2. If hearing of cases on several administrative offenses which are commited by person in the same or different time is within the competence of the same body, the these cases shall be considered at the same time.

34.3. If hearing of cases on several administrative offenses which are commited by person by the actions (failure to act) at the same time is within the competence of the same body, collection within the sanction established for the most serious misconduct is imposed on this person. In this case the main collection can be added one of the additional penalties provided for any of committed offenses.

34.4. If hearing of cases on several administrative offenses which are commited by person by the actions (failure to act) at the same time is within the competence of the same body, then the collection imposed on person concerning whom administrative production is conducted cannot exceed the limits set by Articles 25. 4, 27.1, 28.3, 29.3 and 30.1 of this Code.

Article 34-1. Imposing of easier administrative punishment for administrative offense

In case of impossibility of imposing of administrative punishment in the form of the social jobs or administrative detention provided by the sanction for the administrative offense established by the Special part of this Code based on requirements of Articles 28.4 or 30.2 of this Code, the judge applies to person who made administrative offense instead of the administrative punishment provided by the relevant article of the Special part of this Code administrative punishment in the form of penalty in the amount of two hundred to five hundred manats.

Article 35. The term after which person is considered not being exposed to the administrative responsibility

If person subjected to administrative punishment within year from the date of the end of execution of collection did not make new administrative offense, it is considered not being exposed to the administrative responsibility.

Article 36. Compensation of damage suffered

36.1. The judge, authority (official) when considering the case about administrative offense of the administrative punishment having the right to resolve along with imposing issue of compensation of the caused property damage in the absence of dispute on its compensation.

36.2. During consideration of the case about administrative offense, in the presence of dispute on compensation of the caused property damage, the question of compensation of the caused damage along with application of administrative punishment can be considered only by the judge.

36.3. The question of compensation of the moral damage caused as a result of administrative offense is solved according to the Code of civil procedure of the Azerbaijan Republic.

Article 37. Attraction to forced treatment of the persons needing treatment for drug addiction, who made the administrative offense providing administrative detention

37.1. In case of application of collection in the form of administrative detention to the persons who made the administrative offense providing administrative detention, needing treatment for drug addiction, the court appoints by it forced treatment which is performed after serving of administrative punishment in the form of administrative detention.

37.2. The purposes of application of forced treatment consist in treatment of persons specified in Article 37.1 of this Code, improvement of their health and psychological state, their return to normal conduct of life with rendering specialized medical care and social care, the prevention of abuse of them in the future the substances making impact on mentality of the person, and making of new administrative offenses.

37.3. Persons concerning whom along with imposing of collection in the form of administrative detention forced treatment for drug addiction is appointed undergo treatment in the specialized medical institutions which are under supervision of relevant organ of the executive authority after serving of collection in the form of administrative detention.

37.4. In case of appointment concerning person of forced treatment for drug addiction, the court sends the copy of the decision on it which became effective for execution to specialized medical institution, and also to the legal executive for supervision of accomplishment of forced treatment.

37.5. Person concerning whom forced treatment for drug addiction is appointed in day of completion of term of administrative detention, accompanied by the representative of the place of administrative detention, is brought to specialized medical institution in which forced treatment is performed.

37.6. In specialized medical institutions forced treatment is conducted in accordance with the terms and the rules approved by relevant organ of the executive authority.

37.7. Control over the implementation of the requirement of the judgment on forced treatment in specialized medical institution is exercised by the legal executive.

37.8 The early release from forced treatment and prolongation of term of forced treatment of person which is on forced treatment in specialized medical institution is performed based on the judgment in the organization location, taking into account representation to administration of this organization and the conclusion of the medical and advisory commission in the cases provided in the Law of the Azerbaijan Republic "About drug trafficking, psychotropic substances and their precursors".

Chapter 6. Release from the administrative responsibility

Article 38. Release from the administrative responsibility in connection with the expiration

38.1. Administrative punishment can be imposed no later than three months from the date of making of administrative offense. Administrative punishment for administrative offenses against traffic regulations, rules of safety of traffic and use of highways, customs rules, corrected environmental protections, rules of activities of branches or representative offices of non-governmental organizations of foreign states, rules of registration of agreements (decisions) on grant, including about medicines and also rules of payment of taxes and fees, financial rules, also for non-presentation of necessary information, provision of wrong data in case of state registration of legal entities for the state register of legal entities, petty theft, violation of the law, and also rules of stay and accommodation of foreigners and stateless persons in the Azerbaijan Republic about non-governmental organizations, about fight against legalization of money or other property got in the criminal way and terrorism financing, procedure for attraction to work of foreigners and stateless persons, it can be imposed not later than one year from the date of making of administrative offense.

38.2. The terms provided in Article 38.1 of this Code concerning the lasting administrative offenses, are estimated from the date of offense identification.

38.3. In case of refusal of initiation of legal proceedings or the termination of criminal case, but in the presence in actions of person of all signs of structure of administrative offense, administrative punishment can be imposed no later than three months from the date of decision making about refusal of initiation of legal proceedings or the termination of criminal case.

38.4. In case of return to the relevant state body of case on the administrative offense made by the minor aged from sixteen up to eighteen years, the commission on cases and protection of the rights of minors according to the procedure, determined by "Regulations on the commissions on the cases and protection of the rights of minors" approved by the Law of the Azerbaijan Republic of May 31, 2002 No. 336-IIQ, administrative punishment can be imposed no later than three months from the date of return of this case.

38.5. In case of evasion of person who made administrative offense, the current of term stops. In that case the current of term renews from the moment of identification of this person. But after one year since making of administrative offense, the disappearing person cannot be brought to the administrative responsibility.

38.6. If the electronic resolution on imposing of collection and its appendix (photo or video records), provided in Article 122.1 of this Code, it will not be placed in the electronic office created in the Internet information resource for each user of vehicles within one day from the date of making of administrative offense, that person cannot be brought to the administrative responsibility.

Article 39. Release from the administrative responsibility in connection with conciliation with injured person

39.1. Proceeedings about the administrative offense provided by Articles 157 and 158 of this Code begin only based on the statement of injured person, and in case of conciliation of person concerning which administrative production is conducted, with injured person, production on this case stops.

39.2. If during proceeedings about the administrative offense provided by Articles 227, of 232-1 and 351-1 of this Code, person who made administrative offense completely indemnifies the caused loss and will conciliate with the victim, production on administrative case stops.

Section II. Bodies (officials) authorized on hearing of cases about administrative offenses

Chapter 7. Basic rules

Article 40. Bodies (officials) authorized on hearing of cases about administrative offenses

40.0. Cases on administrative offenses are considered:

40.0.1. district (city) courts;

40.0.2. commissions on cases and to protection of the rights of minors (collegiate organ);

40.0.3. relevant organs of the executive authority, the Central bank, the structure created by relevant organ of the executive authority (officials).

Article 41. Commissions on cases and to protection of the rights of minors

Creation and procedure for activities of the commissions (collegiate organ) on cases and protection of the rights of the minors considering cases on administrative offenses, provided by Articles 189. 1, 189.3, 189.4, 212.3, 512 and 522 of this Code, are determined by "Regulations on the commissions on the cases and protection of the rights of minors" approved by the Law of the Azerbaijan Republic of May 31, 2002 No. 336-IIQ.

Article 42. Powers of officials

42.1. Officials, representatives to consider cases on administrative offenses, can apply the administrative punishments provided by the Special part of this Code only during execution of the job responsibilities.

42.2. The list of officials, representatives to consider cases on administrative offenses on behalf of bodies, stipulated in Article 40.1.3 of this Code, it is determined by relevant organ of the executive authority.

Chapter 8. Jurisdiction of cases on administrative offenses

Article 43. Jurisdiction of district (city) courts

43.1. District (city) courts consider cases on the administrative offenses provided by Articles 157-188, 190, 191.1, 195.1, 196, of 197, 198.2, 198.3, 204, of 205, 205-1.2, 206-208, 211.1, 221, of 227, of 229, 232-1, 251.3, 253-1.1, 262, of 263, 264.0.2, 264.0.3, 264.0.5, 267, 272.1, 272.3, 275.4, 275.5, 284.2, 286, 290.3, 295.6, 295.7, 296.2, 325.1, 326, 327.8, 332.4-332.7, 333, of 334, 335.5, 335.6, 337.5, 337.6, 338.7, 339.2-339.5, 340.2, 341, 342.8, 342.9, 343, of 349, of 351, 351-1, 353.5, 361, of 363, 363-1, 363-2, 368-379, 381-383, 387-388-2, 393-1. 2, 394.0.5 (concerning violation of construction regulations and rules in case of construction of constructions of outdoor advertizing on which construction permission is required), 394.0.6 (concerning abuse of regulations of commissioning of constructions of outdoor advertizing on which construction permission is required), 394.0.7 (concerning non-compliance with instructions and resolutions of the structure created by relevant organ of the executive authority), 394-1, 395.1 (concerning cases of making of this act on the parcel of land transferred to the order of the structure created by relevant organ of the executive authority during the term of finding of the site at the disposal of this structure), 395.1-1, 395.2 (concerning cases of making of this act on the parcel of land transferred to the order of the structure created by relevant organ of the executive authority during the term of finding of the site at the disposal of this structure), 398, 399, 401-404, 406-409, 410. 3, 411-1.2, 412, 413, 428.7, 428.10, 431, 432.3, 438.2, 438.3, 440-1, 441, 442, 443.1, 445-1, 448, 449, 451, 456, 459.1, 459.2, 459-1, 462 (concerning political parties) 464-466, 469.1 (concerning compulsory insurance of professional responsibility of the auditor), 479-481, 482.1, 496.2, 499.2, 502-504, 506-508, 510, 511, 513, 515-517, 517-1, 517-2, 520, 523, 525-535, 537.1, 538-1, 540.5, 544.1, 547, 549-554, 558-561, 562.1, 562.2, 563. 2, 567-569, 571, 573, 574, 590-592, 592-1, 594-596, 598 (concerning the lawyers and persons providing auditor services), 599-602, 602-1 (concerning making of administrative offenses of the executive authority by relevant organ), 603, 605, 606.1, 608 and 609 of this Code.

43.2. The list of officials, representatives to constitute the protocol on cases on the administrative offenses considered by district (city) courts, except for cases on the administrative offenses provided in Articles 43.2-1 and 54.2 of this Code it is determined by relevant organ of the executive authority.

43.2-1. The protocol on administrative offenses, stipulated in Article the 547th of this Code, is constituted by Audit Chamber of the Azerbaijan Republic.

43.3. By transfer of the executive authority of the right of hearing of cases by relevant organ about the administrative offenses specified in Article 43.1 of this Code, to authorities (officials) if authority (official) in which production there is case on administrative offenses, considering nature of administrative offense, the personality made the administrative offense, degree of his fault, circumstances aggravating responsibility and availability of the goods which are subject to confiscation sees the bases for application of more severe measure of collection, than the prevention or penalty provided concerning person in the sanction of the relevant article, then takes the protocol on administrative offense for consideration to court.

43.3-1. In cases, stipulated in Article 18.6 of this Code, cases on administrative offenses are considered by courts.

43.4. When making administrative offenses, stipulated in Article 43.1 of this Code, cases on the administrative offenses provided by Articles 610-618 of this Code and also the military personnel and persons liable for call-up called on collection, cases on administrative offenses are considered by public vessels.

Article 44. Jurisdiction of relevant organs of the executive authority

Except for the circumstances specified in Articles 40, 41 and 43 of this Code, cases on other administrative offenses provided in the Special part of this Code are considered by relevant organs of the executive authority.

Chapter 9. Electronic information systems and resources on cases on the administrative offenses considered by authorities (officials)

Article 45. Electronic information systems and resources on the considered cases on administrative offenses

45.1. For the purpose of accounting, systematization and data storage about the committed administrative offenses and persons who made these offenses, bodies (officials), representatives to consider cases on administrative offenses, create electronic information systems (resources) (further - information resource) on the cases on administrative offenses considered by them and provide activities of these information resources.

45.2. In day of entry into force of the decision on the case of administrative offense, bodies (officials), representatives to consider cases on administrative offenses, shall provide introduction in information resource of the following information:

45.2.1. information on person who made administrative offense (surname, name, middle name, individual identification number, nationality, birth date, the residence, number of the mobile phone, the e-mail address (in the presence);

45.2.2. place, time of making of administrative offense and essence of this offense;

45.2.3. the relevant article of this Code providing responsibility for administrative offense;

45.2.4. when drawing to health of person of little harm or material tresspass as a result of making of administrative offense, the note on these circumstances;

45.2.5. date and the place of consideration of the case about administrative offense;

45.2.6. position, surname, name, middle name of the judge, official, the name and structure of the collegiate organ which made the decision on the case of administrative offense;

45.2.7. date and number of the decision on the case of administrative offense;

45.2.8. information on the imposed administrative punishment;

45.2.9. information on execution of the imposed administrative punishment;

45.2.10. other information necessary for proceeedings on administrative offense.

Article 46. Openness of information resource

46.1. The statement from information resource reflecting information on person to whom administrative punishment is applied is issued within one working day, based on the written or electronic address of this person.

46.2. The data from information resource connected with accomplishment of the powers provided by the Law are issued to state bodies (structures) based on reasonable written requests.

Article 47. Safety of data in information resource

47.1. Bodies (officials), representatives to consider cases on administrative offenses, can use data from information resource, only for the purpose of accomplishment of the job responsibilities.

47.2. Bodies (officials), representatives to consider cases on administrative offenses, shall ensure safety of data of information resource. Except as specified, these data determined in article 46 of this Code and in other laws are not subject to disclosure.

47.3. Data of information resource are stored within five years.

Section III. Production on cases on administrative offenses

Chapter 10. General provisions

Article 48. Production tasks on cases on administrative offenses

Production tasks on cases on administrative offenses consist in protection of the rights and freedoms of persons, their legitimate interests, timely, comprehensive, complete and objective examination of circumstances of each case on administrative offense, identification of person who made administrative offense, and attraction it to the administrative responsibility, ensuring execution of the made decision, and also identification of the reasons and conditions promoting making of administrative offense and prevention of administrative offenses.

Article 49. Production language on cases on administrative offenses

49.1. In the Azerbaijan Republic production on cases on administrative offenses is conducted in Azerbaijani or in language of the population constituting the majority in the corresponding territory.

49.2. The persons who are participating in case, not knowing language in which production on cases on administrative offenses is conducted are provided with the right of making information, explanations, claims or petitions in the native language or in other language which they know, and also right to use by translation service according to the procedure, determined by this Code.

Article 50. Open hearing of cases about administrative offenses

50.1. Cases on administrative offenses are considered openly, except as specified, which can lead to disclosure of the state or trade secret, the personal and family secrets or other secrets protected by the law and also cases of safety of persons participating in production on cases on administrative offenses, their close relatives.

50.2. In case of need the closed hearing of cases about administrative offenses, about it determination is accepted.

Article 51. Inadmissibility of disclosure of data on the case of administrative offense

51.1. Information on the case of administrative offense can be announced only on permission of the judge, authority (official) in which production there is case on administrative offense and in case similar information touches private interests of injured person as well on permission of injured person and in amount which they consider admissible.

51.2. If during proceeedings about administrative offense photo or video filming, or sound recording, then without the permission of the victim and person concerning whom administrative production is conducted were made, distribution of materials of photo or video filming or sound recording in mass media is inadmissible.

Article 52. Petitions

52.1. Persons participating in production on cases on administrative offenses have the right to submit the petitions which are considered as subjects to consideration before the judge, these cases are authority (official) in production of which.

52.2. The petition moves in writing and is considered without delays. In case of refusal in satisfaction of the petition, about it determination is accepted.

Article 53. The circumstances excluding production on cases on administrative offenses

53.1. Production on cases on administrative offenses cannot be begun, and the begun production stops in the following cases:

53.1.1. in the absence of incident of administrative offense;

53.1.2. in the absence of structure of administrative offense;

53.1.3. if person acted in emergency condition;

53.1.4. if person acted in condition of justifiable defense;

53.1.5. in case of cancellation of the administrative legal act establishing the administrative responsibility;

53.1.6. in case of the termination of the terms provided in article 38 of this Code;

53.1.7. in the presence of the decision of the judge, authority (official) on application of administrative punishment on one same fact relating to person concerning whom proceeedings about administrative offense, or availability of not cancelled decision on diversion on administrative offense, and also decisions on initiation of legal proceedings on the same fact are conducted;

53.1.8. in case of the death of person concerning whom proceeedings about administrative offense are conducted;

53.1.9. in case of conciliation of person who made the administrative offense provided by Articles 157 and 158 of this Code with the victim;

53.1.10. in case of compensation by person who made administrative offense, stipulated in Article 227 in the cases which are directly specified in notes to the relevant articles of the Special part of this Code, the caused damage and conciliation with the victim;

53.1.11. if the electronic resolution on offense, stipulated in Article 122.1 of this Code, is not constituted in real time.

53.2. The proceeedings about administrative offense initiated in the relation of any person stop also if it has no relation to making of administrative offense or if his guilt is not proved including if in case of proof of his fault the evidence obtained in the illegal way was used.

Article 54. Public prosecutor's supervision during production on cases on administrative offenses

54.1. The prosecutor undertakes timely measures for elimination of offense, the event during production on cases on administrative offenses, and exercises public prosecutor's supervision over application and execution of the Constitution of the Azerbaijan Republic and the laws under the authority of production on cases on administrative offenses.

54.2. The decision on the beginning of production on cases on the administrative offenses provided by Articles 191. 1, 195.1, 197.3, 197.4, 197.5, 205, 253-1.1.1 (concerning ignorance of the inventory of green plantings), 253-1.1.2 (concerning misstatement of the green plantings this the inventory), 284.2, 339.2-339.5, 340.2, 341, 376, 399, 410.3, 440-1.1 (concerning state bodies (structures) and municipalities), 440-1.2, 440-1.3, 445-1, 516-1.2 (concerning violation of requirements of protection of cemeteries), 516-1.3 (concerning implementation of burials in the territories where burial is not allowed), 528-1.3, 531, 538-1.4 - 538-1.6, 540.5, 550.2-550.5, 558.2, 558.3, 559, 563.2, 567, of 568, of 569, of 573, 594-1, 594-2, 595.2, 596, of 601, 606.1 and 610-618 of this Code, are accepted by the prosecutor. Based on Article 99.3 of this Code, the prosecutor has power of decision about the beginning of production and on another matters about administrative offenses.

54.3. The prosecutor also has the right to be involved in hearing of cases about administrative offenses, to draw the conclusions or petitions on the questions arising during consideration of the case, to give protest on decisions or determinations within ten days from the date of submission of its copy in official procedure, stipulated in Article the 57th of this Code, accepted on the case of administrative offense.

54.4. Considering the data provided by Articles 99.1.2 and 99.1.3 of this Code, the prosecutor within fifteen days makes the decision on the beginning of production on cases on administrative offenses or reasonable determination on variation of initiation of proceedings about administrative offense. The copy of determination goes to the persons who provided these data. This determination can be appealed to the higher prosecutor or in court.

54.5. In the decision on the beginning of production on cases on administrative offenses the data containing in article 100 of this Code are specified. Except for the circumstance provided in Article 102.2 of this Code, the decision on the beginning of production on cases on administrative offenses goes to the judge or authorized body (official) to terms, stipulated in Clause 103 of this Code.

54.6. The place and time of hearing of cases about administrative offenses concerning minors, and also the proceedings on administrative offenses initiated at the initiative of the prosecutor is told the prosecutor. This case can be considered without participation of the prosecutor only when there are data on the timely message to it about the place and terms of consideration of the case or if from it the petition concerning adjournment of consideration of the case did not arrive.

Article 55. Costs on cases on administrative offenses

55.1. Costs on cases on administrative offenses consist from:

55.1.1. the amounts issued to the victims, witnesses, their legal representatives, witnesses, experts, specialists and translators;

55.1.2. the amounts spent for storage, sending (transportation) and research of material proofs.

55.2. Costs on cases on administrative offenses concerning physical persons are made at the expense of the state budget. And costs on cases on administrative offenses concerning legal entities are assigned to them.

55.3. The size of costs on cases on administrative offenses is established according to the filed documents which belong to costs and certify the made expenses.

55.4. The made decision on costs is specified in the resolution on imposing of administrative punishment or on suit abatement on administrative offense.

Article 56. The amounts paid to the victims, witnesses, their legal representatives, experts and translators

56.1. The expenses incurred by the victims, witnesses, their legal representatives, experts and translators in connection with visit of the judge, official body (official) in which production there is case on administrative offense are paid according to the procedure, established by relevant organ of the executive authority.

56.2. To persons called to the judge in authority (to the official) in which production there is case on administrative offense, as the victims, witnesses, their legal representatives, experts and translators, earnings on place of employment during their absence remain.

56.3. Work of the specialist, expert and translator is paid according to the procedure, established by relevant organ of the executive authority.

Article 57. Delivery of documents on cases on administrative offenses in official procedure

57.1. In the cases established by this Code, documents (decisions, determinations, protocols, notices) on cases on administrative offenses are delivered to participants of production on cases on administrative offenses by the judge or authority (official) by the registered mail provided in the Law of the Azerbaijan Republic "About mail" or it is personally handed by the authorized officer. The registered mail - the mailing requiring issue of the receipt to the user on acceptance to departure and the signature of the owner of the address on the relevant document on delivery. The judge can charge delivery of the document to the judicial worker, and authority to the employee.

57.2. The document is transferred to the owner of the address by bodies of communication, authority (official), or personally handed by persons, it is entrusted to them to deliver the document, with signing of the receipt or the root of the document which are subject to return to the judge, the authority (official) which sent it. The document addressed to the legal entity is handed to the corresponding official with signing by it of the receipt or root of the document.

57.3. If person on whom the obligation lies to deliver the document, did not find the owner of the address in the place of his residence or work, these documents are handed to one of full age family members living together with the owner of the address (from its consent), in case of their absence - to relevant organ of the executive authority, local government body at the place of residence of the owner of the address or management in the place of its work. Person who accepted the document instead of the owner of the address specifies receipts or document root the surname, name, middle name, the attitude towards the owner of the address or post, and as soon as possible transfers the document to the owner of the address.

57.4. Body of communication on which the obligation lies to deliver the document, or person, it is entrusted to them to deliver the document, shall perform it no later than the next day after the date of receipt of the document and within one day to notify the corresponding judge or authority (official) on delivery of the document.

57.5. The document on the case of administrative offense is considered handed in official procedure in the following cases:

57.5.1. from the moment of personal delivery to the owner of the address in the cases provided in Article 57.2 of this Code;

57.5.2. in the cases provided in Article 57.3 of this Code:

57.5.2.1. from the moment of personal delivery to one of full age family members living together with the owner of the address;

57.5.2.2. from the moment of the delivery advice of the document the corresponding judge or authority (official) persons, it is entrusted to them to deliver the document.

57.6. The resolution on the case of the administrative offense provided by Articles 122. 1, 124.5 or 124.6 of this Code, revealed by means of the special technical means having functions of photo or video registration are considered handed in official procedure as well in the following cases:

57.6.1. from the moment of delivery of SMS information on administrative offense to number of the mobile phone which is available in electronic office of the user of the vehicle, according to the procedure, stipulated in Article 125.2.2 of this Code;

57.6.2. from the moment of acquaintance of the user of the vehicle with the resolution on case on administrative offense and its appendices placed in its electronic office according to the procedure, stipulated in Article 125.2.1 of this Code (in case of absence in electronic office of number of the mobile phone);

57.6.3. from the moment of delivery of the electronic resolution on the case of administrative offense concerning person when carrying out state registration and statement on permanent accounting of the vehicle, issue of the registration certificate and the state registration sign of the vehicle, or when carrying out technical inspection of the vehicle or replacement of the car driver license according to the procedure provided by the Law of the Azerbaijan Republic "About traffic" (in case of absence in electronic office of number of the mobile phone);

57.6.4. from the moment of delivery to person of the electronic decree on the case of administrative offense issued concerning it in case, stipulated in Article 97.4 of this Code (in case of absence in electronic office of number of the mobile phone).

Article 58. Contents of the receipt

58.0. In the receipt provided in Article 57.2 of this Code the following shall be specified:

58.0.1. the name and the address of the body which sent the document on the case of administrative offense;

58.0.2. surname, name, middle name of person to whom the document, or the name and street address of the legal entity is intended;

58.0.3. the name of the handed document;

58.0.4. time (date and hour) and place of delivery;

58.0.5. the reasons not of delivery of the document (not stay to the specified address, the wrong address, etc.);

58.0.6. person who received the document;

58.0.7. the signature of person to whom delivery of the document, or the representative of body of communication is charged.

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