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

THE CODE OF THE AZERBAIJAN REPUBLIC ABOUT ADMINISTRATIVE OFFENCES

(The last edition from 12-07-2019)

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 continuing 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.

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