Deklarationen
Artikel: 2,3,5,6,8,9,10,12,15
Declarations
17-02-2023
In accordance with Article 21 of the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (hereinafter - the Convention), the Republic of Azerbaijan hereby declares the following:
- The Ministry of Justice of the Republic of Azerbaijan has been designated as the Central Authority for the purposes of Article 2 of the Convention, as well as the authority competent to receive documents transmitted by consulate in accordance with Article 9 of the Convention.[…]
- The following authorities shall make legal assistance request in accordance with Article 3 of the Convention within their competences under the legislation of the Republic of Azerbaijan:
- Courts of the Republic of Azerbaijan;
- Executive power authorities of the Republic of Azerbaijan;
- Prosecution authorities of the Republic of Azerbaijan;
- Civil status acts registration authorities;
- Notaries and other officials competent to perform notarial activity;
- Guardianship and trusteeship authorities;
- Advocates.
- Pursuant to paragraph 3 of Article 5 of the Convention, documents to be served within the territory of the Republic of Azerbaijan shall only be accepted if they have been written in the Azerbaijani language or are accompanied by a duly certified translation into the Azerbaijani language.
- It is desirable that the documents intended to be served to the Republic of Azerbaijan, to the President of the Republic of Azerbaijan, to the First Vice-President and Vice-Presidents of the Republic of Azerbaijan, to the Government of the Republic of Azerbaijan, and to the Ministry of Foreign Affairs of the Republic of Azerbaijan are transmitted in a diplomatic manner, i.e. by Verbal Notes through diplomatic representatives accredited in the Republic of Azerbaijan.
- The certificate stating that the documents have been served, pursuant to Article 6 of the Convention, shall be completed and certified by the courts of the Republic of Azerbaijan directly executing the request for service of documents.
- In accordance with Article 8 of the Convention, diplomatic and consular agents of foreign States are not entitled to effect the service of documents in the territory of the Republic of Azerbaijan, unless the documents are to be served only upon nationals of the State, which they represent.
- Service of documents in the manner prescribed in Article 10 is not permitted in the Republic of Azerbaijan.
- The position of the Republic of Azerbaijan is that in accordance with Article 12 of the Convention, the service of judicial documents incoming from a Participating State shall not give rise to any payment or reimbursement of duties or costs for the services rendered by the State requested. However, the costs occasioned by the use of a particular method of service, noted in subparagraph b) of paragraph 2 of that Article, shall be paid by the applicant.
- In accordance with the legislation of the Republic of Azerbaijan, the courts of the Republic of Azerbaijan have the right to give judgment pursuant to paragraph 2 of Article 15 of the Convention.
- The provisions of the present Convention will not be applied by the Republic of Azerbaijan in respect of the Republic of Armenia until the consequences of the conflict are completely eliminated and relations between the Republic of Armenia and the Republic of Azerbaijan are normalized.”