IMPLEMENTATION OF REQUIREMENTS OF THE LAW FOR REDUCTION OF NUMBER OF DOCUMENTS REQUESTED BY APPLICANT COMPLETED

IMPLEMENTATION OF REQUIREMENTS OF THE LAW FOR REDUCTION OF NUMBER OF DOCUMENTS REQUESTED BY APPLICANT COMPLETED

Under the new rules, the administrative body must obtain the necessary documents for the administrative procedure itself and not require them from applicants.

On December 7, 2018 there were made amendments to the Law of the Republic of Azerbaijan “On Administrative Proceedings” (hereinafter referred to as the Law) and the Code of Administrative Offenses of the Republic of Azerbaijan and the new rules are defined for the administrative body to request information and documents from applicants.

Thus, under Article 32.2-1 of the Law, an administrative authority may no longer require the applicant to obtain documents or information necessary for administrative proceedings and that are under the authority of another administrative authority. That is, these documents must be obtained by the administrative body itself, and if these documents are requested from the applicant, then the officials of the administrative body will be held administratively liable with a fine in the amount of three hundred fifty to six hundred manats in accordance with the Code of Administrative Offenses of Azerbaijan Republic.

The administrative authority uses electronic databases, information retrieval systems and registries to obtain documents. If the relevant documents cannot be found in this form, they are requested with the consent of the applicant from the relevant state body. In addition to paper, the law also provides for electronic documents. These cases are reflected in Article 30.5 of the Law.

For example, during registration of a legal entity, incorporation documents are submitted by the Ministry of Taxes online, and banks, from the day these changes come into force, accept the documents necessary to open an account for a legal entity also online.

Source link: Law of the Republic of Azerbaijan “On Amending the Law of the Republic of Azerbaijan on Administrative Proceedings”

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