The procedure for applying criminal-legal measures to legal entities has been defined
The procedure for applying criminal-legal measures to legal entities has been defined

According to the Law of the Republic of Azerbaijan dated October 17, 2018 on amendments to the Code of Azerbaijan Republic about Execution of Punishments, the features of execution of criminal-legal measures applied to legal entities have been determined.

According to Article 99-5 of the Criminal Code, penalties imposed on legal entities include fines, special confiscation, deprivation of the right of legal entity to engage in certain activities, and liquidation of legal entity. However, according to the Law of the Republic of Azerbaijan dated March 7, 2012 "On Amendments to the Criminal Code of the Republic of Azerbaijan" containing criminal-legal measures applied to the legal entity, it was determined that the provisions of the Criminal Code containing criminal-legal measures applied to legal entities will come into force on the day the relevant procedure is set in the the Code of Azerbaijan Republic about Execution of Punishments.

According to the amendments to the Code about Execution of Punishments, legal entities will be subject to fines and special confiscation in accordance with the provisions of the Code about Execution of Punishments for penalties and special confiscation.

The execution of deprivation of the right of a legal entity to engage in certain activities  is carried out by the executive officer of the place where the legal entity is situated. Thus, after the court has made a relevant decision, this decision is immediately sent to the executive officer place where the legal entity is located.  If a legal entity conducts a certain activity based on permission or license, a copy of the relevant court decision is sent to the authority issuing the license within 3 days by the executive officer. The licensing authority shall, within 3 days, cancel the license or permit for the legal entity to engage in that activity.

If a legal entity does not carry out its activities on a certain permit (license), the relevant court decision is sent to the relevant authorities depending on the type of legal entity by the executive officer. (the Ministry of Justice and its registration offices for non-commercial legal entities and branches and representative offices of foreign non-commercial legal entities; the Ministry of Taxes for commercial legal entities, branches and representative offices of foreign commercial legal entities; the State Committee for Issues with Religious Association for Religious Associations.) The mentioned bodies shall include a note on deprivation of the right of legal entity to engage in certain activities by the state registry of legal entities. Within two days after making this amedments, the executive officer is informed about that.

For the execution of the criminal-legal action on the liquidation of a legal entity, the liquidation commission shall be entrusted with the liquidation duty of the legal entity by the court's decision. Also, the decision on liquidation is sent to the above-mentioned bodies depending on the type of legal entity, and the executive officer will supervise the execution of the decision. The liquidation process of a legal entity is carried out in accordance with the provisions of the Civil Code of the Republic of Azerbaijan.