Azerbaijan sets procedural basis for seizure of debtor’s property upon executive official's advice

Azerbaijan sets procedural basis for seizure of debtor’s property upon executive official's advice

BAKU, Azerbaijan, April 24. Procedural grounds have been established in Azerbaijan for the court to consider the proposal of an executive official to seize the debtor’s property, TurkicWorld reports.

This issue has been reflected in the amendment to the Azerbaijani Civil Procedure Code, approved by President of the Republic of Azerbaijan Ilham Aliyev.

According to Article 50.2 of the law "On enforcement proceedings", if there has been no seizure of the debtor's property before the enforcement document is sent for execution, or in cases where during the execution of the enforcement document the demand is directed towards the debtor's property, the seizure of the property is typically imposed based on a substantiated submission by the enforcement officer upon the court's decision.

Considering the above and the fact that the submission of the enforcement officer is considered by the courts in accordance with the requirements of the Civil Procedure Code, the phrase "issues of seizure of the debtor's property" was added to the title of Article 231, as well as to the text of Articles 231.3 and 231.4 of the code, respectively.

Furthermore, in accordance with the requirements of the added Article 231.3-1, specific timeframes for the court to consider submissions by the enforcement officer, applications for the postponement of the execution of the ruling or its execution in parts, and changes in the manner and order of executing the ruling have been defined.

Thus, the consideration of the submission regarding the seizure of the debtor's property will be carried out within five working days from the date of its receipt.

The consideration of applications for the suspension of enforcement proceedings, temporary restrictions on the debtor's right to leave the country, postponement of the execution of the ruling or its execution in parts, and changes in the manner and order of executing the ruling will be carried out within 10 working days from the date of receipt of these applications.