Azerbaijani Parliament endorses draft amendment to Civil Procedure Code

  29 March 2024    Read: 601
Azerbaijani Parliament endorses draft amendment to Civil Procedure Code

 Azerbaijani Parliament has adopted in the first reading a proposed amendment to the Civil Procedure Code of Azerbaijan concerning the definition of procedural grounds for consideration of the executive's submission on the arrest of the debtor's property by the court, AzVision.az reports.

The amendment was announced at today's plenary session of the Azerbaijani Parliament.

Furthermore, it was mentioned that under Article 50.2 of the Law "On Enforcement Proceedings," in situations where the claim is sent to the debtor's property during the enforcement document's execution, or in situations where the arrest of the debtor's property was not imposed prior to the enforcement document's sending for execution, the court's decision on the executor's justified submission typically imposes the arrest of the debtor's property.

Taking into account the above and the fact that courts consider the submission of the enforcement officer based on the requirements of the Civil Procedure Code of Azerbaijan, it is suggested to add to the title of Articles 231, 231.3, and 231.4 of the Code the phrase "Issues of seizure of debtor's property".

Also following the requirements of Article 231.3-1, it is envisaged to define specific time limits for consideration by the court of the enforcement officer's submissions and petitions for postponement of execution of the judgment or its partial execution, for changing the method and procedure of execution of the judgment. Thus, it is proposed to consider a submission on arrest of the debtor's property within 5 working days from the day of its receipt, a submission on suspension of enforcement proceedings, a submission on temporary restriction of the debtor's right to leave the country and granting a deferment of execution of the judgment or its partial execution, a petition on changing the method and procedure of execution of the judgment - within 10 working days from the day of their receipt.

After discussion, the draft amendment was adopted in the first reading.


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