Thursday, 1 Oct 2020

Starting from 1 March 2016 a New Code of Administrative Offences of the Republic of Azerbaijan will be applied

@Ruhiyya Isayeva

Starting from 1 March 2016 a New Code of Administrative Offences of the Republic of Azerbaijan will be applied.

As of 1 March 2016 a new Code of Administrative Offences of the Republic of Azerbaijan (“New Code”) will become effective, resulting in loss of effect of the Code on Administrative Offences of the Republic of Azerbaijan (“Old Code”), which was adopted in 2000 and had undergone more than 280 amendments and changes.

The New Code adopted on 29 December 2015 consists of 40 chapters and 608 articles (adding 5 more chapters and 150 more articles in comparison with the Old Code).

A major innovation of the New Code is the introduction of the new Chapter (Chapter 9) devoted to creation of electronic information systems and databases by the relevant bodies authorized to review the cases on administrative offences. According to this Chapter the bodies authorized to review the cases on administrative offences shall insert the relevant data (like information about the person who committed the administrative offence, the offence and its punishment measures, date and time of review of the case, etc.) into the database from the date the decision on administrative offence becomes effective. In accordance with Article 47 of the New Code such information shall be kept within 5 years and shall be protected and used only for official purpose by the bodies authorized to review the cases on administrative offences. In general such information contained in the database cannot be revealed by the bodies authorized to review the cases on administrative offences unless if the person applies requesting provision of the information contained in the database about him or her (which shall be provided within 1 working day) or there are other grounds established by the law.

Other four chapters in the New Code contain the same Articles as were in the Old Code however this time they are presented in a more organized way; some articles which were repeating and indefinite in the Old Code are now removed.

In comparison with the Old Code the New Code introduces the Article on administrative responsibility of legal entities (Article 18) in a more broader version, defining the exhaustive list of persons whose actions may result in administrative offence charges against the legal entity as well as establishes that the administrative sanctions against the legal entity shall be imposed only by the judge.

However it should be noted that the New Code provides for stricter penalties and higher fines in several Articles.

Thus the fines for false bankruptcy are now increased for officials – from AZN 55-70 up to AZN 1 000-2 000 and for legal entities – from AZN 110-200 up to AZN 10 000- 12 000; and the fines for bankruptcy by intend for officials – from AZN 65-90 up to AZN 2 000-3 000 and for legal entities – from AZN 160-240 up to AZN 12 000- 15 000.

The fines for illegal obtaining or dissemination of information containing commercial or bank secret, which causes an insignificant loss (up to AZN 7 000) are now increased for physical persons – from AZN 20-25 up to AZN 1500-2000; for officials – from AZN 40-55 up to AZN 3 000-5 000 and for legal entities – from AZN 150-200 up to AZN 10 000- 12 000.

The fines for violations of electronic trade are also increased significantly, for instance fines for submission of false information by the Seller (or Supplier) to the Buyer (Customer) or to the relevant state authorities are now increased for physical persons – from AZN 20-25 up to AZN 350-500; for officials – from AZN 55-70 up to AZN 1 500-2 000 and for legal entities – from AZN 200-250 up to AZN 4 000- 6 000.

The full text of the Code is available at: http://azertag.az/store/files/news/ASASNAME.pdf

© by Ruhiyya Isayeva

Written by

Ruhiyya Isayeva
Advocate/ Barrister