The Parliament of Azerbaijan approved in the first reading a draft amendment to the Civil Procedure Code

The Milli Majlis (parliament) in the first reading adopted the proposed amendment to the Civil Procedure Code of Azerbaijan regarding the determination of the procedural grounds for considering the submission of an executive person to seize the debtor’s property by the court. As Trend reports, this was announced at today’s plenary meeting of the Milli Majlis.

It was noted that in accordance with Article 50.2 of the Law “On Enforcement Proceedings”, the arrest of the debtor’s property is, as a rule, imposed by a court decision on the justified submission of the executor in the event that the arrest of the debtor’s property was not imposed before sending the executive document for execution, or in cases of sending a claim to the debtor’s property during the execution of a writ of execution.

Taking into account the above and the fact that the representation of the executive is considered by the courts on the basis of the requirements of the Civil Procedure Code of Azerbaijan, it is proposed to add the phrase “Issues of seizure of the debtor’s property” to the title of Articles 231, 231.3 and 231.4 of the code.

Also, in accordance with the requirements of Article 231.3-1, it is expected to determine specific terms for the court to consider the representations of the executive and petitions to postpone the execution of the decision or its partial execution, to change the method and procedure for executing the decision. Thus, a motion to seize the debtor’s property is proposed to be considered within 5 working days from the date of its receipt, a motion to suspend enforcement proceedings, a motion to temporarily restrict the debtor’s right to leave the country and grant a deferment for the execution of the decision or its partial execution, a petition to amend the method and procedure for executing the decision – within 10 working days from the date of their receipt.

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