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Police Act of the Republic of Azerbaijan

Chapter I. General Provisions

Section 1. Basic Terms

The following terms shall be used in the Act:

Section 2. Legislation on police

Legislation concerning police shall comprise the Constitution of the Republic of Azerbaijan, the present Act, other statutes and statutory instruments, as well as the international agreements to which the Republic of Azerbaijan is a party.

Section 3. Police objectives and main duties

I. Police of the Republic of Azerbaijan shall have an objective of protecting of human lives, health, rights and freedoms, legal interests and property of private and juridical persons and the state from illegal actions.

II. Main duties of police are as follows:

III. Involvement of police in execution of duties not provided by the present ACT shall be prohibited.

Section 4. Principles and Trends of Activity of Police

I. Police shall operate based on the principles of respect to rights and freedoms of individuals and human beings, humanism and unified management.

II. The main trends of police activity are as follows:

Section 5. Activity of Police in the Field of Protection of Human Rights and Freedoms

I. In the course of performing of its duties, the police shall protect the rights and legal interests of all individuals specified by the Constitution of the Republic of Azerbaijan and treaties to which it is a party, irrespective race, nationality, religion, language, sex, origin, property, official position, beliefs, affiliation to political parties, trade unions any or other civil associations.

II. Police is proscribed from humiliating treating of individuals. Coercing of offenders or persons who are suspected of committing offences with a view to extract their testimonies or confessions, as well as threatening, torturing and subjecting to any other private and moral pressure shall be prohibited.

III. Police shall be allowed to undertake the measures provided by the present ACT against the rights and freedoms of individual only on the grounds and order prescribed by the legislation of the Republic of Azerbaijan.

IV. In case of any restriction of rights and freedom of an individual, the police officers shall explain the reasons and grounds for this restriction, as well as the rights and liabilities of the individual.

V. Police shall enable detained or arrested person to pursue their rights.

VI. Shall police officers violate rights, freedoms and legal interests of an individual, the police body shall be bound to undertake necessary steps to restore infringed rights, freedoms and legal interests of the individual, as well as to compensate the detriment inflicted.

VII. Compensation for the detriment inflicted as the result of illegal actions of police officers shall be paid in order provided by the legislation of the Republic of Azerbaijan.

Section 6. Openness of Police Activity

I. Police shall provide information on its activities to the public bodies and the population in order provided by the legislation of the Republic of Azerbaijan.

II. Police shall be prohibited to disclose state, family, professional and commercial secrets; materials of the preliminary investigation or trial examination without adequate authorization of the prosecutor, investigator; as well as, information affecting personal lives of individuals, interests of private or legal persons, humiliating their dignity.

III. In case if information disseminated by police concerning private or legal persons happens to be contrary to real facts, the police shall refute this information through the same sources within a monthly period.

Section 7. Mandatory Implementation of Legal Demands of Police

I. In the course of exercising authorities provided by the present ACT, the police officer shall act an agent of the Government.

II. All private and legal persons within the jurisdiction of the Republic of Azerbaijan shall be bound to implement legal demands of the police officer.

III. Failure to implement legal demand of the police officer, as well as resistance, violence and insults with regard to the police officer shall entail liability as provided by the legislation of the Republic of Azerbaijan.

Section 8. Inadmissibility of Interference with Police Activities

Except for the cases involving persons authorized by legislation; restriction, influence or interference with the legal activities of police by shall not be allowed and shall entail liability as provided by the legislation of the Republic of Azerbaijan.

Section 9. Police Constituents and Subordination

Issues of establishing a police service, its restructuring and dissolution, as well as management of police activity, appointment and dismissal of personnel shall be carried out in order enacted by the respective executive body of the Republic of Azerbaijan.

Section 10. Involvement of the Public Institutions, Local Self-Government Bodies and Individuals in Performance of the Police Duties

I. Public institutions and local self-government bodies shall provide assistance to the police in the performance of its duties.

II. Any individual shall be entitled to aid police in the performance of its duties. Police shall not be entitled to force cooperate into cooperation, in the course of implementation of its duties.

III. Any individual who possesses information regarding pending preparation, pending commission or accomplishment of a criminal offence shall be bound to inform the police thereof. In cases provided by the Legislation of the Republic of Azerbaijan, failure to provide such information shall entail criminal prosecution.

IV. Officers of the Government Bodies, other than police service, who are involved in the protection of public order and security in order provided by the legislation of the Republic of Azerbaijan, shall be entrusted with the duties of police officers in this particular field. In such case, they shall enjoy the same legal, financial and social maintenance guarantees as provided for the police officers.

Section 11. International Relations of Police

Cooperation of the police service of the Republic of Azerbaijan with their foreign police services and international police organizations shall be regulated by the international treaties to which the Republic of Azerbaijan is a party, treaties between the police bodies of foreign countries and the respective executive body of the Republic of Azerbaijan, as well as charters and statutes of the international police organizations, to which the Republic of Azerbaijan is a member.

Section 12. Supervision of Police Activity

I. Implementation of the provisions of this ACT shall be subject to intra-corporate and extra corporate supervision.

II. Intra-corporate supervision shall be carried out exercised by the respective executive body and the extra corporate supervision shall be exercised by the other respective executive body within their competence delineated by the legislation of the Republic of Azerbaijan. Supervision of observation of the legislation by the police service shall rest with the Prosecutor’s Office and courts.

Charter II. Authorities of police officer

Section 13. General Authorities of the Police Officer

I. The general authorities of the police officer are as follows:

II. In the course of exercising his/her authorities, police officer shall be obliged to be open for cooperation, ready for joint actions and mutual assistance with his/her colleagues without special order or instructions.

III. While applying to any person, a police officer shall introduce himself/herself by quoting family name, forename, special rank and position and presenting his/her official ID.

IV. In the course of exercising his/her authorities, a police officer shall be directly and immediately to his/her superior.

V. A police officer shall be bound by the orders and instructions of his/her superior in the official hierarchy.

VI. A police officer, involved in the execution of any particular task, shall carry out orders and instructions of the superior police officer outside the scope of his/her direct subordination.

VII. In case if a police officer receive orders and instructions overtly in breach of legislation, s/he shall be guided by the legislation and inform the police commanders thereof.

VIII. Failure to carry out orders and instructions, which are overtly in breach of legislation, shall not entail liability. Police officers to carry out such orders and instructions shall be held responsible according to the legislation of the Republic of Azerbaijan.

Section 14. Duties of a Police Officer on Protection of Public Order and Preservation of Public Security

Duties of a police officer on protection of public order and preservation of public security shall be as follows:

Section 15. Duties of a Police Officer in the Field of Prevention and Detection of Criminal Offences and Other Infringements of the Law

Duties of a Police Officer in the Field of Prevention and Detection of Criminal Offences and Other Infringements of the Law shall be as follows:

Section 16. Duties of a Police Officer in the Field of Preservation of Traffic Security

Duties of a police officer in the field of preservation of traffic security shall be as follows:

Section 17. General Rights of Police Officials

In order to carry out the duties vested in him/her, a police officer shall be endowed with the following rights:

Section 18. Rights of a Police Officer in the Field of Protection of Public Order and Preserving Public Security

In order to carry out duties in the field of protection of public order and preserving public security, the following rights shall be vested in a police officer:

Section 19. Rights of Police Officers in the Field of Prevention and Detection of Criminal Offences and other Wrongs

Police officers shall be vested with the following rights in the Prevention and Detection of Criminal Offences and other Wrongs:

Section 20. Rights of Police Officers in the Field of Preserving Traffic Safety

Police officer shall be vested with the following rights in the field of preserving traffic safety:

Chapter III. Authorities Of Action Of Police Officer In Respect Of Restriction Of Individual Freedoms, Right To Privacy Of Premises And Using Of Private Force, Special Devices And Firearms

Section 21. Restriction of Rights to Freedom by Police

I. Police officer shall be entitled to restrict right of individual to freedom by means of detention and arrest subject to the court warrant only in the following cases:

II. Police official shall be entitled to detain or arrest a person only if the court (judge) warrant concerns the restriction of exactly the person in question.

III. Police officer shall be entitled to detain a person without a court (judge) warrant due to urgency only in the following cases:

IV. Repealed subject to the 598-IIQD ACT of the Republic of Azerbaijan dated the 5th March 2004.

V. Police officer who is responsible for illegal detention or arrest of an individual shall be held liable under the legislation of the Republic of Azerbaijan.

Section 22. Duration of Restriction of the Right to Freedom by the Police

I. The terms of duration of restriction of the individual right to freedom in cases specified in Subsection 1 Section 21 of the present ACT shall be stipulated by statute only.

II. In cases specified in Subsection 3 Section 21 of the present ACT, the term of duration of restriction of the individual rights to freedom shall be stipulated by the legislation of the Republic of Azerbaijan related to administrative wrongs in cases of commission of administrative offences, and by the criminal procedure legislation of the Republic of Azerbaijan in cases of criminal offences respectively.

Section 23. Duties of Police Officer in Respect of Restriction of Right of Freedom

In the course of enforcing his/her authority to restrict right of freedom, the police officer shall be bound as follows:

II. Police office shall ensure other rights of the detained or arrested person as provided by the legislation of the Republic of Azerbaijan.

Section 24. Restriction of the Right of Privacy of Premises by the Police

I. Police officer shall be entitled to restrict the right of privacy of individual’s dwelling premises and to access individual residential premises against the will of residents only in the following cases:

II. Police officer shall be entitled to access premises against the will of the residents without warrant of judge only if s/he possesses precise information about or has reasonable grounds to believe in the existence of one of the following grounds:

III. Restriction of the privacy of premises without court (judge) warrant or grounds specified in Subsection 1 and 2 of this section not being present in the case, under the pretext of expediency, temporary necessity and so on shall be prohibited.

IV. Repealed subject to the 598-IIQD ACT of the Republic of Azerbaijan dated the 5th March 2004.

V. Provisions of the present Section shall also be applicable to non-residential premises, construction sites and land plots of private and legal persons, as well as to other objects specified by the legislation of the Republic of Azerbaijan.

VI. Police officer who is responsible for violation of the illegal restriction of the right of privacy of premises shall be held liable under the legislation of the Republic of Azerbaijan

Section 25. Duties of Police Officer in Respect of Restriction of Rights to Privacy of Premises

I. In the course of enforcing his/her authorities restricting the right to privacy of premises, the police officer shall be bound as follows:

II. Police officer shall carry out other duties in respect of restricting right to privacy of premise as provided by the legislation of the Republic of Azerbaijan.

Section 26. Use of Private Force, Special Means and Firearms by the Police

I. Police officer shall be entitled to use private force in respect of any person failing to implement his legal demands only in the following cases:

II. Police officer shall be entitled to use special means in respect of any person failing to implement his legal demands only in the following cases:

III. Except for cases foreseen in Subsection 2 and 12, police officer shall be entitled to use dogs in all cases specified in Section II of the present ACT.

IV. Police officer shall be entitled to use firearms in order provided by the legislation of the Republic in the following cases:

V. Apart from the cases mentioned in Subsection IV of the present Section, firearms might be used also as means of signaling danger or warning, as well as calling for assistance.

VI. According to the requirements of the present ACT, use of private force, special means and firearms in cases of extreme necessity shall be adequate to the imminence of danger. Deprivation of life as a result of the use of private force, special means and firearms in cases of extreme necessity shall not be considered as a violation of the right to live.

VII. Official inspection should be conducted by the competent police body on each and every occasion of the use of private force, special means and firearms with a view to produce an opinion on the lawfulness of the use of private force, special means and firearms.

VIII. Special means capable of producing a destructive effect on the anatomical integrity of human being in the form of various bodily injuries or the ones of that generate unnecessarily high risk of danger shall be prohibited for police use.

IX. Police officials shall be held responsible for illegal application of private force, special means and firearms according to the legislation of the Republic of Azerbaijan.

Section 27. Duties of the Police officer in the in Respect of Application of Private Force, Special Means and Firearms

I. In the course of implementation of his/her duties in respect of the use of private force, special means and firearms, police officer shall be bound as follows:

Chapter IV. Foundation Of Service In Police

Section 28. Recruitment of police officers

I. Based on the principle of voluntariness, as well as personal and professional qualities, citizens of the Republic Azerbaijan who are not younger than 20; are in good health condition and have education which are sufficient to perform duties vested with police, served in the military or have graduated from police educational institution shall be entitled to recruitment for service in police.

II. Physical fitness and health of the recruits to the police service shall be examined in order prescribed by the appropriate executive body of the Republic of Azerbaijan.

III. Recruits to the police service shall sit a training course in order prescribed by the respective executive body.

IV. Persons who have dual citizenship, have liabilities to other states, are representatives of clergy, have effective court decision recognizing their limited or complete lack of capacity to work issued in their regard, have previous criminal convictions, have criminal proceedings against them cancelled on the grounds other that acquittal, have been sacked from police service or service in other law-enforcement body for committing serious faults, occupying themselves in activities incompatible with service in police, being unfit for police service, conducting himself/herself in a fashion discrediting the good name of a policeman; shall not be entitled to recruitment to service in police.

V. Other employees of the Internal Affairs bodies and involved protecting public order and preserving public security shall be considered police officers for this purpose.

VI. Recruits to the police service as students of police education institutions shall be removed from military enlistment records and be entered into records of the respective executive body of the Republic of Azerbaijan.

VII. Each police official shall be issued an official identity document certified by the adequate executive body of the Republic of Azerbaijan.

VIII. Recruitment and service the police shall be regulated by the Charter enacted by the Act of the Republic of Azerbaijan.

Section 29. Oath of Police Officials

I. Police officer shall take an oath at the official ceremony with the personnel present, standing next to the National Flag of the Republic of Azerbaijan, before commencing his/her service, by uttering the following words:

“Right from the very first moment of my service in the police, I hereby swear to be guided by the constitution and the laws of the republic of Azerbaijan, to respect human rights and freedoms, to adhere strictly to the legality, to carry out my official duties with due diligence and honor, to be disciplined, to protect public order and to preserve public security courageously and shall it be necessary, not to be spare my life for these purposes".

II. Authorities of police officials shall become effective upon of taking the Oath.

III. Police officer shall sign the text of the Oath to be kept in his/her personal dossier.

Section 30. Special Ranks Of Police Officers

I. Police officer shall have special rank conferred on him/her as specified by the legislation of the Republic of Azerbaijan.

II. (The Police) Service Regulation of Internal Affairs Bodies of the Republic of Azerbaijan shall regulate the hierarchy, as well as the rules and grounds of conferring the special ranks.

Section 31. Encouragement Of Police Officials

I. Police officer shall be encouraged for exemplary performing of his/her duties and achieving high results in his/her service.

II. Police officers shall be entitled to the following encouragements:

III. As a mode of encouragement, the effect of the previous disciplinary penalties might be terminated ahead of time.

IV. In addition to the abovementioned modes of encouragements, the students of the police education institutions shall be entitled to additional increase of scholarship and pre-term granting of a permission to leave the location of the institution.

V. Police officers shall be entitled to the nomination for the State Awards of the Republic of Azerbaijan.

Section 32. Activities Incompatible With Service In The Police

I. Police officer shall not hold any elected or appointed office, nor be engaged in any form of entrepreneurship, commerce and other paid activity, except for pedagogical, scientific and creative activity; nor to receive any other remuneration in addition to their wages apart from profit gain as a result of their scientific, pedagogical and creative activity.

II. Police officer shall not be involved of political activity, nor shall s/he be a member of a political party.

Section 33. Accountability of Police Officials

I. Police officer shall be subject to disciplinary liability on the following grounds:

II. The following disciplinary penalties can be imposed upon police officials:

III. In addition to the modes of disciplinary liability mentioned in Subsection 2, the students of the police education institutions shall be subject to extraordinary duty and dismissal from school.

IV. Disciplinary liability of the police officer shall be imposed in order provided by the Charter endorsed by the respective executive body of the Republic of Azerbaijan.

V. Police officer shall be called to liability for illegal actions according to the legislation of the Republic of Azerbaijan.

Section 34. Dismissal Of Police Officer From Service

I. Police officers shall be dismissed from service in the following cases:

II. Police officer shall be entitled to appeal against dismissal to superior offices and court.

III. Dismissal of the police officer from service shall be carried out in order provided by the Charter endorsed by the respective executive body of the Republic of Azerbaijan.

IV. Police officers who are dead, have been killed and recognized by court decision as dead or missing persons shall be struck out of internal affairs bodies’ employees.

Chapter V. Financial And Social Maintenance Of Police Officer

Section 35. Wage of Police Officer

I. Wage of the police officer shall comprise the main salary based on service record, official post and special rank and surplus payments provided by legislation for days-off, holidays, night-time and overtime works. Police officer shall be entitled to extra payments, bonuses and other surpluses for unfavorable work conditions.

II. The rates and allowance of main salary, surplus payments, compensations, allowances and other payments to police officials shall be fixed by the respective executive body of the Republic of Azerbaijan.

Section 36. Pensions and Social Maintenance of Police Officer

The rates and allowance of pensions and social maintenance of police officer shall be fixed by the legislation of the Republic of Azerbaijan.

Section 37. State Insurance and Compensation of Damage To The Police Officer

I. Life and health of the police officer shall be insured at the cost of the State Budget.

II. The respective executive body of the Republic of Azerbaijan shall fix the order and amount of compensation to be paid to the police officer or his family for dying in the line of duty, sustaining injury and damage to his/her health.

III. Damage inflicted to the property of the police officer in the course of service shall be compensated at the expense of the State Budget.

Section 38. Other Guarantees for Police Officials

I. The respective executive body of the Republic of Azerbaijan shall undertake necessary measures in order to provide the accommodation requirements of police officers who are in need for improvement of dwelling conditions and those who have been transferred to serve in another area.

II. Police officer who has no dwelling premise due to transfer to another area and has to pay rent charges shall be entitled to receive allowance of which rate shall be fixed by the respective executive body of the Republic of Azerbaijan.

III. The respective executive body of the Republic of Azerbaijan shall fix the order and amount of transfer fees and one-off compensation to the police officer transferred to serve in another area.

IV. Police officers, in the course of performing their duties, shall be entitled to use all means of public transport (excluding taxi and inter-city transport) free of charge within the Republic of Azerbaijan.

V. Police officer seconded to a mission shall be entitled to pass the queue in order obtain tickets for all means of transport and accommodation in hotels.

VI. Repealed subject to the 214-IIQD ACT of the Republic of Azerbaijan dated the 15th November 2001.

VII. Police officers and members of their families shall be entitled to the public medical aid.

VIII. Police officer and members of his/her family shall have the their personal and proprietary safety being guaranteed against injury and damage in order provided by the legislation of the Republic of Azerbaijan due to performing of police duty.

IX. Police officer shall be entitled to the vacation in order provided by the legislation of the Republic of Azerbaijan.

X. Police officers who leave their office for supreme executive or legislative authorities, as well as the authorities in charge for legislative and organizational management of the law-enforcement services, shall retain all guarantees foreseen for police officials, except for the financial ones.

Chapter VI. Financial And Logistical Support

Section 39. Financial Support of the Police

I. Police activity shall be funded from the state budget on the contractual basis as specified in the legislation, as well as other sources such as public and non-public funds.

II. The respective executive body shall determine the number of staff and amount of expenses allowed to police officers to be funded from the state budget.

Section 40. Logistical Support of the Police

I. The respective executive body shall determine the order and norms of logistical support of the police activity.

II. Police service of the Republic of Azerbaijan shall be provided, based on the respective norms, with special uniform, firearms, ammunition, special devices, technical means, premises and vehicles.

III. The respective executive body shall approve the samples of police uniform.

IV. Premises for police services shall be gratuitously provided by the respective executive agencies and transport police services shall be provided by railroad, aviation and marine transport agencies respectively.

Miscellaneous provisions

I. The present ACT shall become effective as of the date of its publication.

II. Judicial authorities in respect of restricting rights to freedom and to privacy of premises specified in the Subsection I-III of Section 21, Section 22, paragraphs 8-10 of Section 23, paragraph 1 Subsection III and Subsections II-IV of Section 24, paragraph 6 of Section 25 shall become effective new Criminal Procedure Code’s becoming effective and after appointment of judges according to Courts and Judges ACT of the Republic of Azerbaijan.

III. Until new authorities of judges in respect of restricting rights to freedom and to privacy of premises become effective the respective authorities shall emanate from existing criminal procedure legislation.

IV. Provisions of the paragraphs 5 and 7 of Section 18 shall be implemented in the areas with no special medical centers and Provisional Custody & Distribution Units only establishment thereof. Until these institutions and units are established the areas in default shall be subject to the order provided by the effective legislation.

Heydar Aliyev

President of the Republic of Azerbaijan

Done in Baku on the 28th October 1999

Ref. 727-IQ

The text of this ACT has been subject to amendments and supplements according to ACTs of the Republic of Azerbaijan #207-IIQD of the 12th October 2001, #214-IIQD of the 15th November 2001, #272-IIQD of the 15th March 2002, 333-IIQD of the 24th May 2002, #408-IIQD of the 24th December 2002, #484-IIQD of the 20th June 2003, #568-IIQD of the 30 December 2003, #598-IIQD of the 5th March 2004.

Police ACT (Implementation) Decree

of the President of the Republic of Azerbaijan

In order to facilitate the implementation of the Police ACT of the Republic of Azerbaijan due to its becoming effective, I hereby decree:

1. Cabinet of Ministers of the Republic of Azerbaijan shall be commissioned with carrying out of the following tasks within two-month period:

2. It shall be determined that

Heydar Aliyev

President of the Republic of Azerbaijan

Done in Baku on the 11th November 1999

Ref. 205

DECREE of the President of the Republic of Azerbaijan

on the amendments and supplements to the Police ACT (Implementation) Decree of the President of the Republic of Azerbaijan ref. 205 dated 11th November 1999

In order to facilitate the implementation of the Police ACT of the Republic of Azerbaijan due to its becoming effective, I hereby decree:

I. Police ACT (Implementation) Decree of the President of the Republic of Azerbaijan ref. 205 dated 11th November 1999 shall be subject to the following amendments and supplements:

II. This ACT shall become effective as of date of its publication.

Heydar Aliyev

President of the Republic of Azerbaijan

Done in Baku on the 13th December 2002

Ref. 824