[1] ZAKHIR MAMED OGLl ALlZADE,
Deputy Chief of the Central Enforcement Department of the Ministry of Justice of the Republic of Azerbaijan, Senior Counsellor of Justice
 
Writs of Execution of a Non-Monetary Nature
Enforcement Issues in the Legislation of the Republic of Azerbaijan
 
The Constitution of the Republic of Azerbaijan pays special attention to the judgment execution which is an integral part of justice. It sets out regulations, indicating that the courts give judgment on behalf of the state, and the execution of a court order is mandatory. A failure to fulfill the court’s decision entails liability established by law.
Compulsory execution of the court orders and other competent authorities’ orders in Azerbaijan is carried out by executive officers in the manner established by the Law “On Enforcement.” In addition, they carry out the enforcement of non-custodial criminal sentences, and they provided the established work of the courts.
The executive oflicers’ activities organization, their rights, and responsibilities, material support issues, social protection are governed by a separate law - the Law “On Executive Officials.” According to this Law, executive officers perform their duties in a special uniform. They operate in the local and specialized executive institutions of the Ministry of Justice, which has the status of a law enforcement body.
The executive officers enforce the following writs of execution providing the requirements of non-monetary nature:
- on the reinstatement;
- on the transfer of the child to another person;
- on the communication with child;
- on the debtor’s eviction from residential or non-residential premises;
- on quartering claimant in residential or non-residential premises;
- on vacating the land plot;
- on building demolition.
Executive oiiicers also execute the protection orders of local enforcement authorities and the courts on domestic violence that are also considered at the writs of execution of non-monetary nature.
The Law “On Execution” sets special rules on enforcement the following the writs of execution: on the reinstatement, on the debtor’s eviction from residential or non-residential premises, on quartering claimant in residential or non-residential premises. Other writs of execution of non-monetary nature are enforced in accordance with the rules governing the enforcement of writs of execution that force the debtor to perform certain actions or to abandon erforming certain actions.
According to the enforcement legislation, the executive ofiicer and in cases of non-property nature, as well as on the requirements in other cases, shall decide to initiate proceedings within three days since the writ of executions is received. As a rule, such decisions require the voluntary execution of the writ pfexecution within a period of up to ten days. At the same time, the debtor is notified of the occurrence of administrative and criminal liability for failure to perform court’s decision. Within one day, a copy of this decision is sent to the parties to the proceedings, as well as to the court which exercises the judicial supervision over the writs of execution enforcement.
Reinstatement
According to the enforcement legislation, as well as the Labor Code of are Azerbaijan Republic, a decision on the reinstatement of an unlawfully or unreasonably dismissed employee which is issued by the court is immediately enforceable, and this person is to be immediately reinstated occupying the hrmer position or another position with his or her consent. The Labor Code specifies the writ of execution on the reinstatement enforcement mechanism.
According to the enforcement legislation, after the executive officer decides to imitate the writ of execution on the reinstatement proceedings, the executive officer immediately decides to initiate proceedings in accordance with the above-mentioned procedure and sends a decision copy to the parties, including the debtor, i.e. the employer. The writ of execution is considered fulfilled after the appropriate decision to cancel orders for the illegal dismissal attransfer to another job is taken and the employee begins to implement the boner duties.
In case the debtor fails to enforce the writ of execution of the reinstatement, executive odicer takes measures to bring the debtor to responsibility (information on these measures will be presented in the conclusion) and applies an application for determination of the payment of the employee’s average salary or the difference in wage for the entire non-enforcement period to the court. In the case the court rules out the decision, the executive officer also carries out the above-mentioned measures in order to fulfill this decision. The procedure for the average wage calculation, determination of the amount of material damage and the payment of property damage done to the employee are set by the Labor Code of the Republic.
It should be noted that if the writ of execution was failed to be enforced, the damage caused to a legal entity in connection with the payment of the average wage or the difference in wage the recoverer may be collected from the company management or any other person guilty of this legal unityr’s writ of execution dereliction. Recovery of damage in such cases is deem by the court.
Writ of Execution on the Debtor’s Eviction from Residential
or Non-Residential Premises Enforcement
In accordance with the Civil Procedure Code of the Republic of Azerbaijan, depending on the circumstances of the case, the court may set a date for the residential and non-residential premises to be vacated. If the debtor does not fulfill the requirement within the time set for the proceedings, the debtor is compulsory evicted from the premises by the executive officer.
The absence of the debtor, who has received notice of the date and time of enforcement, does not prevent the eviction. It should be noted that the enforcement of the enforcement legislation requires the eviction to be carried out in the presence of witnesses and mandatory inventory of the property.
During the enforcement, the executive officer delivers the debtor’s eviction from the premises stated in the writ of execution, as well as the property and pets removal. At the same time, the debtor (the evicted) is prohibited to use this premise.
Also, it should be noted that, according to the enforcement legislation, if any impediments are created hindering the executive emcers to execute the enforcement actions or if there is a risk to their life and health, the internal affairs agencies are obliged to assist the executive oliicers within the established powers. According to the enforcement legislation, if necessary, during the eviction the executive officer has the right to engage the officials of internal affairs agencies, as well as local enforcement officials and local authorities. It should also be noted that if the writ of execution is enforced in the debtor’s absence, the executive otlicer shall ensure the protection of debtor’s property with the subsequent shitting all costs.
Writ of Execution on Quartering Claimant in Residential
 or Non-Residential Premises Enforcement
According to the enforcement legislation, if the writ of execution on guanethtg enforcement is not fulfilled within the period prescribed by the executive officer, the quartering is carried out compulsorily. If the debtor creates any impediments hindering the claimant quartering, the enforcement is executed in the presence of witnesses. As with the enforcement of the eviction, during enforcement of the quartering the executive officer when pecessary has the right to engage the officials of internal affairs agencies, as well as local enforcement otiicials and local authorities in the enforcement.
The writ of execution is considered fulfilled after the recoverer is secured to unconstructiveiy use the residential or non-residential premises. In this connection, the quartering report is issued. If the debtor created new impediments hindering the recoverer residence, the writ of execution enforcement resumes and the enforcement actions are carried out again.
It should be noted that in practice the executive officials face serious djmculties related to the execution of some judgments on eviction from the residential premise and quartering into the residential premise. These difficulties have arisen as a result of Armenian-Azerbaijani Nagorno-Karabakh conflict. This conflict has led to the fact that more than one million Azerbaijanis have fled their homeland and live to this day in the status of refugees and internally displaced persons. In addition, it has led to a temporary settling in different residential and non-residential premises once owned by other persons. Despite the fact that these people are provided with temporary living areas with appropriate conditions, as well as the fact that the government carries out the consistent and targeted activities to return them to their native lands, the difficulties caused by the delay of the settlement process still exist.
The Transfer of the Child to Another Person, Communication
with the Child, Domestic Violence
It is known that divorce leads to difficulties in dealing with issues such as residing the child born within wedlock with one parent or communication between the other parent and the child. And in some cases, divorce can cause the domestic violence.
The enforcement of writs of execution on the transfer of the child to anether person, on the communication with child, as well as the domestic violence, that are considered as the writs of execution of non-monetary nature is carried out in the manner prescribed by the enforcement law that is in accordance with the rules of writ of execution enforcement that force the debtor to perform certain actions or to abandon performing certain actions.
During the enforcement of judicial decisions to remove the child and transfer it to another person and about communication between the child and one of the parents the demands of the Family Code of the Republic of the Azerbaijan are also taken into account. For example, in accordance with this Code, in the process of compulsory execution of a court order in connection with the transfer of the child to another person, if necessary, a police other may be present at the invitation of the executive ofhcer.
The Law of the Republic of Azerbaijan “On Prevention of Domestic Violence” indicates that the execution of protection orders (on the restriction applicable to the person who has committed domestic violence) is carried out in accordance with the rules established by the enforcement legislation. In this regard, the Law “On Enforcement” can consider the short-term protection orders as the writ of execution and classify them as the documen of immediate enforcement.
Vacating the Land Plot and Building Demolition
 According to the enforcement legislation the proceeding in such cases of the non-monetary nature as the land plot vacating and building demolition are also carried out in the prescribed manner in accordance with the rules that force the debtor to perform certain actions or to abandon performing certain actions.
Questions of Responsibility
According to the Law “On Enforcement” if the writ of execution providing the requirements of non-monetary nature was failed to be executed within the period of time specified by the executive officer, the executive officer draw up a protocol on administrative offense against the debtor and forwards it to the court to consider bringing the administrative actions against the debtor. If the writ of execution is not enforced repeatedly without good reason, after the administrative actions are brought against the debtor, the judicial officer shall send the document considering bringing the criminal actions against the debtor.
In accordance with the Code of Administrative Offences of the Republic of Azerbaijan, the failure to fulfill the legitimate demands of the executive officer in connection with the enforcement of the court or other bodies’ decision and writ of executions that force the debtor to perform certain actions or to abandon performing certain actions shall be punished by a fine, community service, or imprisonment. In accordance with the Criminal Code of the Republic of Azerbaijan, the willful default failure to perform the court acts that have entered into force, as well as impeding their implementation shall be punished by a fine, community service, or imprisonment.
According to the Law “On Enforcement” if there is no possibility to enforce the writs of execution providing the requirements of non-monetary nature (e.g., requirements of the writs of execution on the reinstatement - elimination of the legal entity in accordance with the criminal or civil law; requirements of the writs of execution on the communication with the child, removal of the child, transfer of the child to another person - death of the child), the executive ofiicer may make a decision on the return of the writ of execution to the issuing authority.
I consider it necessary to stress that in accordance with the enforcement legislation of the Republic of Azerbaijan the illegal actions of executive officers may be appealed to a higher official or in court. Filing a complaint about illegal actions of the executive officers to a higher official does not interfere with filing a suit. Court officials for their actions and committed violations bear liability in the manner prescribed by the legislation of the Republic of Azerbaijan. The damage which the executive officer causes to the enterprise, organization, institution and citizens shall be compensated in accordance with the procedure established by the relevant legislation.