HOW THE CENTRAL AUTHORITY WORKS IN AZERBAIJAN

This article will provide guidance on How The Central Authority Works in Azerbaijan.  The  Milli Majlis of the Republic of Azerbaijan ratified the “Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters” on November 16th, 2022.  To facilitate the transfer and recognition of judicial and non-judicial documents in civil and commercial cases abroad without legalization or any other confirmation, the Hague Service Convention plays a crucial role. Criminal proceedings are beyond the scope of the convention.  If you found this article helpful, kindly consider leaving us a review. Click the link to share your feedback, and we would greatly appreciate a five-star review.

The Convention states that the member nations must set up a Central Authority for the presentation of such papers from outside and that such documents are legal when delivered to the Central Authority in the prescribed manner. A member state’s central authority receives requests for recognition from authorized representatives of member state institutions. The requesting organization will petition the appropriate state or local court to recognize the foreign ruling. 

A private process service agency like Undisputed Legal can play an essential role in the legal system by upholding due process. Our main goal is to ensure that all parties in a case are appropriately notified. We realize that this is more difficult for an international case. Consequently, our local process servers are well-versed in the legal requirements of different jurisdictions. We aim to utilize our expertise and adherence to legal requirements to contribute to justice’s fair and efficient administration. Click here for a video on International Process Service.

Authorities in Azerbaijan

The Supreme Court of the Republic of Azerbaijan is the highest court in the country and has jurisdiction over all criminal and civil proceedings, as well as cassation and the interpretation of judicial rules. Established in Baku, the Republic of Azerbaijan’s main city, the Supreme Court has authority over the country.

The Supreme Court consists of the Chief Justice, the Chief Justice’s Deputy, the Board Chairmen, and the Board Judges. There are both plenum and Cassation boards within the Supreme Court. The Supreme Court is responsible for organizing the several courts that hear issues involving civil law, economic disputes, criminal law, and the armed forces.

Our Undisputed Legal process servers are familiar with the different service requirements of various courts in Azerbaijan. Our process servers diligently adhere to the pertinent local, state, and international laws governing the proper service of legal documents. It is imperative to guarantee that documents are delivered in a manner that adheres to legal standards.

Central Authority Azerbaijan: Understanding the Ministry of Justice

The Azerbaijani Ministry of Justice (Azrbaycan Respublikasn dliyy Nazirliyi) is a government agency within the Cabinet of Azerbaijan responsible for regulating the justice system, supervising the public prosecutor, upholding the law and public order, and enacting legal reforms.

Ministry of Justice officials use their knowledge of the law, meticulous record-keeping, and statewide registration of legal activities to oversee the administration of justice throughout the state. It also helps design legislation, draft laws, make suggestions for actions, and educate the public about upcoming laws. The Ministry of Justice is also in charge of the publishing registry and the state registration of businesses. It is also within the purview of the Ministry of Justice to perform notarial actions, record changes to civil status, handle intergovernmental adoption and legalization issues, and legalize documents. The agency is also responsible for the registration of grant agreements that will be distributed to non-profit organizations, the enforcement of judicial judgments, the organizational provision of the courts, the acquisition of judicial data, and more. Fikrat Mammadov, who was selected to lead the ministry in April of 2000, is now in charge.

There are four people who report to the Minister of Justice: the Minister, three assistant ministers, and the director of the Penitentiary Service.

Process service according to the Hague Convention

 Article 11 of the Hague Convention explicitly acknowledges that contracting states have the freedom to mutually agree on alternative methods of service without undermining the convention’s provisions. It is crucial to bear in mind that the matters to which Azerbaijan raises objections or does not raise objections assume significance before the court of the foreign signatory rather than within the jurisdiction of an Azerbaijani court. In the realm of Azerbaijan Courts, it is noteworthy that thus far, no case law or precedent has emerged regarding the matter of the binding or mandatory nature of the Hague Convention.

In the case of Volkswagenwer Aktiengesellschaft v. Schlunk 486 U.S. 694 (1988), the esteemed Supreme Court of the United States of America made an astute observation through the words of Justice Brennan. He noted that the provisions of the Convention hold a “mandatory” status when it comes to any gearbox falling under its purview. This ruling signifies that if both countries acknowledge the Hague Convention as the sole method of service, it becomes obligatory rather than discretionary. The Hague Convention possesses an inherent and compelling force, rendering it impossible for private entities to exempt themselves from the responsibilities it establishes

In the event that a Defendant fails to appear, the consequences of a rendered judgment are set into motion. In the event that a specific document necessitates international transmission, and the Defendant fails to make an appearance, the presiding judge possesses the authority to grant the Defendant relief from the prescribed time constraints for filing an appeal against said judgment. However, it is important to note that such circumstances are subject to the limitations outlined within the Hague Convention. Typically, the Defendant is required to submit the application before the judge within one year the judgment from the date o. In cases where the signatory Country has allowed an extended period, the application must be filed within that timeframe.

The Hague Convention does not extend its applicability to criminal cases. Its applicability is restricted solely to civil or commercial matters. Consequently, knowing the matters and papers that need to be filed in detail is important. At Undisputed Legal, we aim to take that pressure off our clients. However, we still provide in-depth accountability and updates on the status of your documents. We ensure that you are always aware of where your papers are. 

process service in Azerbaijan

The civil procedural laws of the Azerbaijan Republic are always applicable wherever in the country. The civil procedural laws of the Azerbaijan Republic may be subject to different territorial application standards as set out in international treaties ratified by the Azerbaijan Republic.

In order for a court to safeguard a person’s or company’s legal rights and interests, that person or company must first file a petition with the court. Upon the petition of an individual or an organization working to safeguard the rights and interests of another person or people and state interests, a civil lawsuit may be initiated under the conditions set out by law. Individuals have the legal right to file a petition or complaint to get their case started.

Equal procedural rights and protections are guaranteed to all individuals and organizations. The legal authority to obtain rights and abide by obligations in a court of law and assign responsibility for personal actions (the ability for civil procedural action) to a representative is acknowledged once all natural adults and corporations have been conforming to the letter of the law regarding registration. 

Documents sent by the court are considered to have been “officially submitted” Upon being served upon the intended recipient, a document may be submitted at any location.

Only with the permission of the court may an official submission of a document be made during the nighttime or on Saturdays and Sundays.

Registered mail must be used for sending court papers and other acts of court. The court has the authority to direct a court employee or, in the case of monetary disputes, the claimant or respondent to submit papers formally. Persons instructed to effect the presentation of court and court documentation must notify the court of the presentation of documents at the specified address.

The receiver must certify the presentation of court documents and acts by completing a notification form and returning it to the court. Acts of court and court papers sent to a legal body must be handed to the appropriate officer, who must sign a notification form confirming receipt of the documents. Acts of court and court documentation shall be presented to one of the proposed recipient’s family members living with the latter and being over the age of majority (further to consent of such persons), and where there are no such persons, to the relevant bodies of executive authority. If a person instructed to effect the presentation of acts of court and court documentation is unable to locate a proposed recipient at the latter’s place of residence or employment, the documents shall be presented to one of the proposed recipient’s family members;

If the party to whom court papers are sent refuses to receive them without a valid explanation, the papers must be left where they were intended to be delivered. When this happens, the submission is deemed complete. In the event of a hearing, the court must inform the parties involved of the hearing’s date, time, and location. All parties to a case must be notified through writs of when and where a court session will be held and when certain procedural activities will be carried out.

The use of writs is also required for the purpose of inviting witnesses, experts, specialists, and interpreters. Persons involved in the case, witnesses, experts, and interpreters shall be notified or summoned by registered mail, telegram with confirmation of receipt, or other means of communication securing registration of writs and summons, as well as by a court employee acting at the court’s direction, when required and in the cases specified by law.

Power of Attorney in Azerbaijan

In the diplomatic missions and consulates of the esteemed Republic of Azerbaijan, the responsibility of conducting notary acts lies with duly authorized officials, known as consuls. The consul has the authority to authenticate a power of attorney granted by one or more individuals on behalf of themselves or others. The issuance of a power of attorney is applicable for any duration, with the exception of the power of attorney specifically pertaining to vehicles. A power of attorney for vehicles is granted for a maximum duration of one year.

It is necessary to provide the original and a copy of the valid passport or identification cards (şəxsiyyət vəsiqəsi) belonging to the trustee. Furthermore, including a scanned copy of a valid passport or identification card belonging to the individual entrusted with the power of attorney is important.   This is not exhaustive since additional pertinent documents may be required in conjunction with the content of the power of attorney. The fee is usually USD20 and is made to the Embassy of Azerbaijan.

 It is important that applicants ensure their submissions are comprehensive and meet the necessary requirements for consideration. We understand that it becomes difficult to keep track of all legal documents. At Undisputed Legal, we ensure that your documents are comprehensive and adhere to the requirements of the Hague Convention. 

Is a US notary valid in Azerbaijan?

Executing the act of signing a document manually. The U.S. Embassy does not possess the capability to authenticate documents through the process of apostille. Typically, the document requiring notarization is intended for domestic use within the United States, with occasional exceptions. To ensure a streamlined notarization process, it is advisable to consolidate all your documents requiring notarization into a single appointment. A fee of USD50 USD per notary seal will be collected at the Embassy or Consulate on the scheduled appointment day.

It is necessary to bring all necessary documents, which should be complete and unsigned, to have them notarized. It is essential to present the complete packet, even if certain pages do not necessitate signatures or seals. Thereinafter, it will be important to provide a government-issued identification document, such as a passport or driver’s license, that is currently valid. It is imperative that the name indicated on the documents corresponds exactly to the name specified on the identification.

For Azerbaijan notarization done in the United States, there is a payment of USD50 per notary seal. In order to ensure the validity and reliability of non-federally issued U.S. documents, such as birth and marriage certificates, divorce decrees, educational records, driver’s licenses, and more, it is imperative that these documents undergo authentication by the competent authority in the state where they were originally issued. This crucial step guarantees the authenticity and accuracy of these important records.

Subsequently, by obtaining an apostille document from the Secretary of State in the respective state, the United States public document can be seamlessly presented in Azerbaijan without the need for any additional steps.   At Undisputed Legal, we can assist you with apostille requirements. However, it is important to remember that affidavits executed at the Consular Section can serve as legally binding documents in Azerbaijan. For these affidavits to be considered valid, the Consular officer’s signature and seal must be authenticated by the Ministry of Foreign Affairs.  

The United States recognizes the validity of legal documents from Azerbaijan, including birth certificates. These documents can undergo an authentication process to ensure their acceptance and reliability within the U.S. jurisdiction. At Undisputed Legal, we ensure that your documents are cared for.  Our Undisputed Legal process servers maintain detailed records of all service attempts and completed services. These records are crucial for accountability and may be used in court to verify proper service.

OUR PROCESS

Documents can be faxed to (800) – 296-0115, emailed to ps@undisputedlegal.com, mailed to 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our locations. We do require pre-payment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida | Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados| Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile |China (Macao) | China People’s Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland| Isle of Man | Israel | Italy| Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia| Lithuania | Luxembourg| Malawi | Malaysia | Malta | Mauritius | Mexico | MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands| New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland| Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia| Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands | UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN AZERBAIJAN

Pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Azerbaijan process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

1. The National Assembly (Azerbaijani: Milli Məclis), also transliterated as Milli Mejlis, is the legislative branch of government in Azerbaijan

2. Additionally, on the same day, on November 23, 2007, the “Convention on the International Recovery of Child Support and Other Forms of Family Maintenance” was enacted. 

3. Ministry of Justice of the Republic of Azerbaijan 

1 lnshaatchilar Avenue, Baku City, AZ1073 

Republic of Azerbaijan 

Telephone: (+99412) 510-10-01, 537-05-54 

Fax: (+99412) 538-08-57 

Email: contact@justice.gov.az, international@justice.gov.az

Official website: www.justice.gov.az

4. If the applicant for recognition of the appropriate court or extrajudicial judgement cannot be located, this provision does not apply either.

5. The plenum of the Supreme Court is made up of the chairman of the court, his deputy, the board chairmen, and the judges. Everyone in the Supreme Court plenum has the same authority as every other member.

6. Tasks assigned to the Ministry

  1. participates in the formation of uniform state policy in the field of justice and ensures the implementation of this policy; 
  2. ensures the development of the judiciary;
  3. conducts law-enforcement; prepares draft legislative acts, conducts legal examination of normative legal acts and state registration; 
  4. ensures activities of notary; 
  5. carries out state registration of non-commercial legal entities, representations and branches of foreign non-commercial legal entities; 
  6. implements a single data registry of inspections carried out in the field of entrepreneurship; carries out the State Register of the population of the Republic of Azerbaijan; 
  7. provides support to the operations of the courts, penitentiary institutions and municipalities in accordance with the legislation; 
  8. carries out legal research and studies; 
  9. ensures fulfillment of commitments undertaken by the Republic of Azerbaijan, regulated by international agreements of the Republic of Azerbaijan; 
  10. operates in other directions defined by the legislation.

7.  The assertion is substantiated by a recent ruling from the esteemed California Court of Appeal in the case of Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology CO., LTD.,B272170, rendered on the 1st of June, 2018.

8. According to S 49.2 of the Civil Procedure Code of Azerbaijan:

49.2 A person under the age of sixteen may exercise his rights in person. And legal duties after he has been declared legally competent of making his own decisions (emancipation).

49.3 The rights, liberties, and legally protected interests of children and teenagers

Citizens between the ages of 14 and 18 and those with diminished legal ability

Safeguarded by the presence of counsel in court. Yet the court is authorised to

Encourage the participation of adolescents and those with reduced legal ability in the procedure by any other person.

Children under the age of fourteen have rights, freedoms, and legally protected interests that must be safeguarded. 

49.5 In legally mandated situations involving civil, family, labour, and administrative law

And other forms of law, as well as any dealings involving the dispersal of money earned or

Children who earn money via business ventures are responsible for safeguarding their own legal interests.

9. The following papers must be formally filed with the court by the parties involved in the case:

  1. Petition for Claim; 
  2. Petition for Counterclaim; 
  3. Copies of Documents Prepared by Parties Regarding Acknowledgement of, or Refusal from, Claims; 
  4. Court Summons; 
  5. Acts of First, Appellate, and Cassational Instance Courts; 
  6. Ruling Relating to Cancellation of Case Proceeding; 
  7. Court Order; 

10. As described in Article 134 of the Civil Procedure Code

11. When submitting documents to a court, it is important to include the following information: 

  1. Name and full address of the court; 
  2. Full name and patronymic of the intended recipient; 
  3. Name of the document; 
  4. Date, time, and location of submission; 
  5. Reasons for non-submission (refusal to accept, absence from the indicated address, incorrect address, etc.); 
  6. Holder of the document;

12. Writs shall be delivered to persons participating in the case at least 10 days prior to the date of a court session, for the purpose of allocating sufficient time for proper preparation of the defense at any stage of the case and for ensuring timely appearance before the court.

Any party to a dispute may have a writ sent to them at the address they provide.

If a defendant does not live at the location the court has on file for him, the court may serve him at his place of employment. Any document that has to be delivered to a business must be sent to its physical address.

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