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UNIFIED JUDICIAL PORTAL Of The Republic of Azerbaijan

State duties

https://courts.gov.az/en/main/page/State-duties_2780

2020-01-29 03:48:58

State duties

Extract from the law of the Republic of Azerbaijan on state duties

Article 2. Cases subject to state duties

2.0.1. making of claims and complaints made to the court, petitions on appeals to determine facts of legal importance and complaints about court rulings, and re-issue of copies of documentation by the court;

Article 5. Procedure for refund from the budget of the state duty deducted incorrectly and paid excessively.

5.1.1. where state duties are higher than the amount as specified by law;

5.1.3. when a proceeding on a case is terminated by the court.

Article 8. Rates of state duties for making of claims and complaints made to the court, petitions on appeals to determine facts of legal importance and complaints about court rulings, and re-issue of copies of documentation by the court

Acts subject to state duties

Amount of state duty

8.1. From the claims made to the court:

 

8.1.1. where claim price exceeds 110 manat:

20 manat

8.1.2. where claim price does not exceed:

30 manat

8.2. From the petitions on the involvement of third parties that file independent claims regarding the subject of the claim:

 

8.2.1. where claim price exceeds 110 manat:

20 manat

8.2.2.where claim price does not exceed 110 manat:

3 manat

8.2.3. from petitions on identification of the facts of legal importance:

3 manat

8.3. from petitions on court ruling:

10 manat

8.4. From appeal and cassation complaints:

 

8.4.1. in appealing a court of first instance:

120 and 150 percent of the state duty defined in article 8 of the Law

8.4.2. from termination of proceedings, unheard claims, complaints about setting of court penalties:

10 manat

8.4.3. from claims on disputes on the approval of the execution of proceeding and other document concerning penalties paid without dispute (without acceptance):

6 manat

8.4.4. claims on disputes on payment of penalties by government bodies, local self-governing bodies and other bodies exercising oversight functions unless the deduction without dispute (without acceptance) is specified by law:

20 manat

8.4.5. Claims on disputes on refund from the budget of the monetary amount without dispute (without acceptance) by violating the requirements of the law or other legal normative acts by the bodies exercising oversight functions:

5 manat

8.4.6. Claims on disputes to deem constituent documents of an enterprise invalid, and to deem legal persons and individuals as insolvent:

6 manat

8.4.7. from claims on disputes about tax payments:

5 manat

8.4.8. for issue of court acts and their copies:

6 manat

8.4.9. from claims on revocation of marriage and re-marriage:

5 manat

8.4.10. where property is split when a marriage is revoked:

20 manat

8.4.11. from claims on revision or cancellation of lease agreements of residential buildings (apartments), extention of the duration of accepting heirship, lifting of property arrest, or from non-property claims or other claims that are not priced:

3 manat

8.4.12. from claims on disputes about revision or termination of agreements:

6 manat

8.4.13. from claims on disputes about contracts not specified by law or disputes on submission of the dispute for resolution to the economic court with the agreement of the parties:

10 manat

8.4.14. from petitions and complaints regarding the protection of an invention, useful model, industrial sample, trade mark and geographical indication.

20 manat

 

Article 9. exemption from state duty for filing of claims and complaints made to the court, petitions on appeals to determine facts of legal importance and complaints about court rulings, and re-issue of copies of documentation by the court and characteristics of the payment of state duty

9.1. The following shall be exempt from payment of state duty:

9.1.1. pretendants on claims of labor payment and other claims related to employment;

9.1.2. pretendants on claims to receive alimony;

9.1.3. pretendants on claims on payment of damages for disability, or other injuries casued to health, or payment of damages casued by the death of the person looking financially after a family;

9.1.4. copyright disputes – pretendants on claims stemming from the rights of authorship, copyright, inventions, useful models, industrial samples, as well as other types of intellectual property;

9.1.5. pretendants on claims in relation to the breach of consumer rights;

9.1.6. claims of regress to deduct the allowance or pension amount paid to the person caused damage to or his family members from the person that caused damage – social insurance bodies and social protection centers of population;

9.1.7. on social protection means claims – social secutiry bodies;

9.1.8. pretendants on claims of amounts subject to deduction from the debtor but not transferred to the account of the person deducting the debt;

9.1.9. pretendants on claims issued by a prosecutor for payment of the material damage caused to the state as a result of a criminal act;

9.1.10. police bodies – on claims of payment of expenses in connection with the search of the persons declining to pay alimony, for damages caused as a result of disability caused or any other impairement of health, or the death of a person that looked financially after a family, taxes and other mandatory payments;

9.1.11. citizens, institutions, agencies and organizations – providing documents (statements) to citizens, institutions and organizations regarding criminal cases and cases of alimony;

9.1.12. citizens, administrative bodies and officials – cases stemming from administrative legal relationships;

9.1.13. parties – disputes concerning the payment of damages caused to an individual in connection with illegal imprisonment as a firm action or illegal administrative measures in the form of correction;

9.1.14. claims filed to courts and all kinds of complaints – budget organizations, municipalities;

9.1.15. government agencies – claims filed for the protection of other persons’ rights, freedoms and legal interests, as well as national interests;

9.1.16. Underage persons – claims on the protection of their rights;

9.1.17. persons taking part in a case – complaints filed due to court rulings;

9.1.18. parties – petitions filed to courts of first instance on re-consideration of the decisions taken in an oral proceeding basis;

9.1.19. parties – petitions filed for re-consideration of court acts that has become effective legally due to newly opened cases;

9.1.20. claims made in the court – families of martyrs, war veterans, refugees and internally displaced persons, as well as persons that was exposed to a disease of harmful rays or a disease connected with harmful rays or those who experienced such disease as a result of an accident at Chernobyl Atomic Energy Station;

9.1.21. Claimant – claims directed against a legal person because of his fault for the failure to deduct the amount to be deducted from a debtor under an execution document;

9.1.22. claimant – where a debtor refuses, or declines, to pay the expenses on a proceeding announced in connection with the locating of the debtor or his property during a proceeding, claims on payment of expenses incurred by the claimant.  

9.2. Copies of court acts shall be issued to persons who take part in a case without charging a state duty.

9.3. State duty on claims repeatedly made in the court shall be handled in a general manner.

9.4. If a pretendant is exempt from payment of state duty as set, the state duty shall be deducted from the defendant in proportion to what has already been secured and paid to the state budget.