Newsletter, July 2019
Legal act: Law of the Republic of Azerbaijan No. 1632-VQD on Amendments to the Law of the Republic of Azerbaijan on Courts and Judges (the “Law”)
Authority: Milli Majlis
Enactment date: July 9, 2019
Effective date: January 1, 2020
According to the Law, new сhapter VIII-I titled “Commercial courts” was added to the Law of the Republic of Azerbaijan On Courts and Judges. Thus, the Law provides that commercial courts to be established:
- handle commercial disputes, which are legally mandated as first instance courts;
- analyze court statistics, learns and summarizes the organization of judicial activity, court practice, exercises other powers assigned to it by the laws of the Republic of Azerbaijan;
- established per administrative units of the Republic of Azerbaijan;
- consist of a chairman and judges; If there are 12 or more judges, the position of vice president is required.
Further, the word "Economic" has been removed from the title of the chapter “Administrative and Economic Courts” and relevant provisions of it. Thus, all existing administrative-economic courts in Azerbaijan thereafter will be called “administrative” courts.
Legal act: Law of the Republic of Azerbaijan No. 1623-VQD on Amendments to the Migration Code of the Republic of Azerbaijan (the “Law”)
Authority: Milli Majlis
Enactment date: June 27, 2019
Effective date: July 24, 2019
Amendments in accordance with the Law are as follows:
- In accordance with the Migration Code, foreigners and stateless persons temporarily staying in the Azerbaijan Republic for more than 15 days must register at the place of stay within 15 days after arrival. When foreigners and stateless persons change their place of residence, they must undergo re-registration. According to the amendments, such a re-registration must be made within 5 business days from the moment the person arrives at a new place.;
- The extension of the period of stay for the father, mother, husband (wife), son, brother, sister of a foreigner or stateless person in the Azerbaijan Republic is considered the basis for extending the temporary stay of the same foreigner or stateless person in the territory of the Azerbaijan Republic;
- Due to the existence of close family ties with a citizen of the Republic of Azerbaijan or if the foreigner is a member of a family of foreigners or stateless persons temporarily residing in the territory of the Azerbaijan Republic, upon application for a temporary residence permit in the territory of the Republic of Azerbaijan, a citizen of the Azerbaijan Republic located in close relationship, or a family member temporarily residing in the territory of the Republic of Azerbaijan must submit a notarized form of consent.
- The following new cases are considered grounds for obtaining a temporary residence permit in the Republic of Azerbaijan:
- When a person is considered a victim of trafficking.
Assistance to criminal prosecution bodies;
When recruited by the relevant executive authorities (the President of the Republic of Azerbaijan and the Cabinet of Ministers of the Republic of Azerbaijan);
In the event of a call to the service or work of a serviceman or specialist in other armed groups created in accordance with the Armed Forces of the Azerbaijan Republic and the legislation of the Republic of Azerbaijan;
In case of accreditation of a mass media employee in the Republic of Azerbaijan;
As a sailor;
In the case of the invitation of the professor and teaching staff and lecturers to give a course of lectures in higher educational institutions;
Artist, coach or athlete invited to work in state sports clubs in the relevant executive authority;
If a person is involved in labor activities in cases determined by the relevant executive authority (President of the Azerbaijan Republic);
- Persons who have invested at least 500,000 manat in the economy of the Republic of Azerbaijan to obtain a permanent residence permit will not be required to provide a document confirming the availability of their own funds to meet their minimum needs.
Legal act: Law of the Republic of Azerbaijan No. 1624-VQD on Amendments to the Law of the Republic of Azerbaijan on State Duty (the “Law”)
Authority: Milli Majlis
Enactment date: June 27, 2019
Effective date: July 1, 2019
According to the Law, the state duties for the extension of temporary residence in the Azerbaijan Republic, for the issuance of a temporary and permanent residence permit, as well as for work permits, will henceforth look as follows:
|
Amount of state duty required for issuing and renewing a temporary residence permit for foreigners and stateless persons in the territory of the Republic of Azerbaijan | ||
| Validity period |
Issue and extension of term within 15 business days | Issue and extension of term within 20 business days |
| Up to 3 months | 40 AZN | 30 AZN |
| Up to 6 months | 80 AZN | 60 AZN |
| Up to 1 year | 160 AZN | 120 AZN |
| Up to 1 year and 6 months | 240 AZN | 180 AZN |
| Up to 2 years | 320 AZN | 240 AZN |
| Up to 2 years and 6 months | 400 AZN | 300 AZN |
| Up to 3 years | 480 AZN | 360 AZN |
|
Amount of the state duty required for issuance and extension of the term of temporary residence permit in the territory of the Republic of Azerbaijan to foreigners and stateless persons who are under 18 | ||
| Validity period | Issuance and extension of term within 15 business days | Issuance and extension of term within 20 business days |
| Up to 3 months | 25 AZN | 15 AZN |
| Up to 6 months | 50 AZN | 30 AZN |
| Up to 1 year | 100 AZN | 60 AZN |
| Up to 1 year and 6 months | 150 AZN | 90 AZN |
| Up to 2 years | 200 AZN | 120 AZN |
| Up to 2 years and 6 months | 250 AZN | 150 AZN |
| Up to 3 years | 300 AZN | 180 AZN |
|
The amount of the state duty required for the issuance and extension of a temporary residence permit in the territory of the Republic of Azerbaijan to foreigners and stateless persons studying in higher and secondary special educational institutions | ||
| Validity period | Issuance and extension of term within 15 business days | Issuance and extension of term within 20 business days |
| 1 year | 60 AZN | 40 AZN |
| 2 years (If the duration of temporary residence permit is extended) | 120 AZN | 80 AZN |
|
The amounts of the state duty required for issuance and extension of the term of temporary residence permit in the territory of the Republic of Azerbaijan | ||
| Term for consideration of application | For foreigners and stateless persons | For foreigners and stateless persons who are under 18 |
| 35 days | 450 AZN | 300 AZN |
| 40 days | 400 AZN | 250 AZN |
| 50 days | 350 AZN | 200 AZN |
| 60 days | 300 AZN | 150 AZN |
|
The amounts of the state duty required to issuance of the decision on the extension of temporary staying period in the country to foreigners and stateless persons | ||
| Validity period | Issuance within 1 business day | Issuance within 3 business days |
| Up to 30 days | 50 AZN | 30 AZN |
| Up to 60 days | 100 AZN | 60 AZN |
|
The amount of the state duty required to issuance of the decision on the extension of temporary staying period in the country to foreigners and stateless persons who are under 18 | ||
| Validity period | Issuance within 1 business day | Issuance within 3 business days |
| Up to 30 days | 30 AZN | 15 AZN |
| Up to 60 days | 60 AZN | 30 AZN |
|
The amounts of the state duty required for issuance and extension of the term of the work permit to foreigners and stateless persons in order to carry out paid labor activity in the territory of the Republic of Azerbaijan | |||
| Validity period | Issuance and extension of term within 10 business days | Issuance and extension of term within 15 business days | Issuance and extension of term within 20 business days |
| Up to 3 months | 700 AZN | 500 AZN | 350 AZN |
| Up to 6 months | 900 AZN | 700 AZN | 600 AZN |
| Up to 1 year | 1400 AZN | 1200 AZN | 1000 AZN |
Legal act: Law of the Republic of Azerbaijan No. 1633-VQD on Amendments to the Civil Procedure Code of the Republic of Azerbaijan (“Law”)
Authority: Milli Majlis
Enactment date: July 9, 2019
Effective date: January 1, 2020
According to the Law, complaints against decisions of first instance courts on disputes over jurisdiction will now be:
- directly addressed to the Supreme Court;
- considered in a mixed panel of judges of civil, commercial and administrative councils;
- reviewed within 10 days without judicial review and summoning of the parties to a hearing.
Legal act: Law of the Republic of Azerbaijan No. 1587-VQ on Standardization (the “Law”)
Authority: Milli Majlis
Enactment date: May 17, 2019
Effective date: October 14, 2019
According to the Law, standardization is the process of development, adoption and implementation of regulatory documents aimed at improving the safety and quality of standardization facilities intended for mass and reuse.
This Law applies to all state bodies, individuals and legal entities operating in the field of standardization, with the exception of education, national accounting, state security and protection standards.
One of the main goals of standardization is the voluntary nature of standards.
According to this Law, normative documents in the field of standardization are:
- state standards, including initial state standards;
- international and regional, interstate and international standards;
- technical conditions.
Note: technical conditions – is a voluntary regulatory document that defines the technical requirements for goods (works, services), and related processes and methods of production.
Legal act: Decree No. 768 on Coordination of Programs (Projects) Supported by Foreign Countries and İnternational Organizations in Support of Entrepreneurship (the “Decree”)
Authority: President of the Republic of Azerbaijan
Enactment date: July 2, 2019
Effective date: July 3, 2019
The Decree provides that programs sponsored by foreign countries and international organizations in the form of loans, technical assistance or grants to support micro, small and medium-sized businesses in the Republic of Azerbaijan will be implemented with the participation of the Agency for the Development of Small and Medium-Sized Businesses of the Republic of Azerbaijan.
Legal act: Decree No. 775 on Establishment of the National Observatory on Labor Market and Social Protection under the Ministry of Labor and Social Protection of the Republic of Azerbaijan (“Decree”)
Authority: President of the Republic of Azerbaijan
Enactment date: July 4, 2019
Effective date: July 5, 2019
According to the Decree, the Cabinet of Ministers of the Republic of Azerbaijan shall be assigned:
- Establishment of the National Observatory on the Labor Market and Social Protection (Observatory) with the status of a public legal entity;
- Approval of the Charter of the Observatory and the Charter Fund in agreement with the President of the Republic of Azerbaijan;
- Approval of the structure of the observatory and determination of the number of employees.