Azerbaijan

  1. Under what circumstances can a stolen vehicle be seized in your country?
  • A motor vehicle that was acquired as the result of an offence, such as smuggling, theft, fraud or document forgery, may be temporarily seized and handed over to the judicial authorities or to any other governmental law-enforcement services.
  1. What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
  • The following channels are as a rule employed to identify and check up owners of motor vehicles :
  • ICPO-Interpol;
  • Department of Operational & Statistic Information at the Ministry of Internal Affairs of the Republic of Azerbaijan;
  • Diplomatic channels.
  1. Who is responsible for the storage of seized vehicles?
  • The agency conducting seizure of a motor vehicle (such as investigation services of any other law-enforcement agencies) shall be held responsible for its subsequent storage.
  1. Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
  • Expenses on storage of seized motor vehicles shall be borne either by the authority conducting seizure of the motor vehicle or, upon consent, by the persons getting the motor vehicle following the Court Decision or Resolution of the law-enforcement agencies concerned.
  1. How does a stolen motor-vehicle get restored to its legal owner?
    a) Do the police officials have authority to restore the vehicle
  • In principle – Yes.

b) Is it the local court which authorizes release of the vehicle?

  • In principle . Yes.

c) Is it necessary to have “Commission Rogatory” to recover the vehicle?

  • In principle – Yes.

d) What documentation does the owner have to provide in order to recover the vehicle ?

  • The Legislation of the Republic of Azerbaijan does not specify any procedure on modalities for recovery of the motor vehicles stolen abroad and discovered in our country.

In the meantime, irrespective which subject was stolen and then discovered, there is a possibility to solve this kind of issues in compliance with the Legislation.

Depending on the circumstances of disclosure and seizure of stolen property (hereinafter referred to as “property”), the following options are possible :

A. In case if the property was procured by an Azerbaijani national of any other person at the territory of Azerbaijan in compliance with’ the Legislation of the Republic of Azerbaijan (so called proper or descent purchase) and this may be certified by investigation files or the checks, recovery issues shall be solved by legal actions brought by the victim in the local people’s court at the buyer’s place of residence. The Court shall take a decision on seizure of stolen property with the view of its subsequent restitution to the rightful owner. The following documents should be enclosed to the suit:

  1. Copies of documents certifying rights of plaintiff for the property;
  2. Certificate of investigation files with evidence of theft;
  3. Other documents able to affect the result of legal actions in the court (such as copy of the contract on lease, certificate on insurance compensation, etc.)

All the documents shall be interpreted into Azeri and certified by the notary
office.

It should be also noted that according to the Legislation of the Republic of Azerbaijan limitation of actions is 3 years. With expiration of this period the suits can be rejected.

B. The property acquired in violation of the Legislation of the Republic of Azerbaijan,

In this case the investigation services should consider possibility of institution of criminal case and the decision of recovery shall be taken by either the investigator of public prosecutor conducting the investigation.

In case of rejection in institution of criminal proceedings the issues bound with recovery shall be solved following the procedure described in the Item 1.

C. The property shall constitute the subject of criminal proceedings (prosecution) and given the status of material evidence.

The decision on recovery to the rightful owner shall be passed either by the investigator (public prosecutor) in charge for the case or by the Court examining the criminal case.

  1. Are there any time limits associated with recovery of the vehicle? (i.e. after a certain period of time the vehicle becomes the property of the state or police, etc.)?
  • No time limits are foreseen.
  1. Please give details of relevant legislation
  • The relevant legislation is being currently worked out.
  1. If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
  • If the motor vehicle discovered was purchased in a good faith (e.g. for a reasonable price, from a garage or someone who can be identified) it can be also returned to its original owner following the court decision or upon the new owner’s consent provided refund to the price paid.
  1. Does your country have any bilateral treaties, conventions, or agreements with other countries dealing with the recovery of stolen property? If so, please describe how they operate and give details of the countries concerned
  • Adequate agreements are concluded with CIS countries. As far as the countries with no agreement with Azerbaijan are concerned, recovery matters are considered separately for each certain case.
  1. Reference point, for assistance in case of difficulties
  • Référence points of the NCB of ICPO-Interpol in Azerbaijan :

telephone 99 412 980920
99 412 909621
fax 99 412 983777
e-mail mha@interpol.baku.az

Last update: February 2007