"ON LEGAL ASSISTANCE AND LEGAL RELATIONS IN CIVIL, FAMILY AND CRIMINAL CASES"
LAW OF THE REPUBLIC OF AZERBAIJAN ON APPROVAL OF THE CONVENTION

 

The Milli Majlis of the Republic of Azerbaijan resolves:
I. To approve the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, signed by the Republic of Azerbaijan with a special opinion at the meeting of the Council of Heads of State of the Commonwealth of Independent States on October 7, 2002 in Chisinau.
II. This Law shall enter into force on the day of its publication.

 

President of the Republic of Azerbaijan
Ilham Aliyev
Baku city, January 13, 2004
№ 581-IIQ.
Published in the Azerbaijan newspaper (March 6, 2004, № 55) (VES Consultancy LLC).
Published in the Collection of Legislation of the Republic of Azerbaijan (March 31, 2004, № 3, Article 126) (VES Consultancy LLC).

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On legal assistance and legal relations in civil, family and criminal cases
Convention

 

States Parties to the Commonwealth of Independent States are parties to this Convention (hereinafter referred to as the Contracting Parties).
Notwithstanding the desire of the nationals of each Contracting Party and other persons residing in its territory to ensure reliable legal protection of their personal, property and non-property rights in the territories of all Contracting Parties;
Emphasizing the importance of developing cooperation in the provision of legal assistance in civil, family and criminal matters by judicial institutions,
Agreed on the following:

Section I. General Provisions
Part I. Legal protection
Article 1. Provision of legal assistance
1. Citizens of each Contracting Party, as well as other persons residing in its territory, shall enjoy the legal protection of their personal, property and non-property rights in the territories of all other Contracting Parties to the extent used by the nationals of that Contracting Party.
2. Citizens of each Contracting Party, as well as other persons residing in its territory, shall have free and unimpeded access to the civil, family and criminal courts, prosecutor's offices, internal affairs and security bodies (hereinafter referred to as judicial institutions) under the jurisdiction of all other Contracting Parties. they shall have the right to act in such bodies, to lodge motions, to bring claims, and to carry out other procedural actions on the same terms as the nationals of that Contracting Party.
3. The term "civil proceedings" as used in this Convention shall also include matters relating to the settlement of economic disputes.
4. The provisions of this Convention shall also apply to legal entities.
Article 2. Exemption from payment of duties and expenses
1. Citizens of each Contracting Party and other persons residing in its territory shall be exempt from the payment of court and notarial duties and expenses in the territories of all other Contracting Parties, on the terms used by their nationals, and shall enjoy free legal aid.
2. The privileges provided for in paragraph 1 of this Article shall apply to all procedural actions in civil, family and criminal cases, including the execution of a decision or judgment.
Article 3. Submission of a document on family and property status
1. The benefits provided for in Article 2 of this Convention shall be granted on the basis of a document on the marital and property status of the applicant. This document shall be issued by the competent authority of the Contracting Party in whose territory the applicant has a permanent residence.
2. If the applicant does not have a permanent residence in the territory of the Contracting Party, it shall suffice to present a document issued by the relevant diplomatic mission or consular post of the Contracting Party to which the applicant belongs.
3. The department that has made a decision on the application for concessions may require the department that issued the document to provide additional information and necessary explanations.
Part II. Legal aid
Article 4. Provision of legal assistance
1. The judicial authorities of the Contracting Parties shall render mutual legal assistance in civil, family and criminal matters in accordance with the provisions of this Convention.
2. The judicial authorities of the Contracting Parties shall also provide legal assistance to other institutions of the Contracting Parties in matters referred to in paragraph 1 of this Article.
3. Legal assistance shall be provided on the basis of instructions sent by the judicial authority of the requesting Contracting Party to the judicial authority of the requested Contracting Party and other requests provided for in this Convention.
Article 5. Rules of communication
1. In the provision of legal assistance, the judicial authorities of the Contracting Parties shall communicate with each other through their central, territorial and other bodies, unless otherwise provided by this Convention.