Migration Code of the Republic of Azerbaijan

Unless otherwise is envisaged by the Law and the international agreements which the Republic of Azerbaijan is a party to, foreigners and stateless persons enjoy equally all of the rights as the citizens of the Republic of Azerbaijan while staying in the Republic of Azerbaijan.

Rights and freedoms of foreigners and stateless persons residing or temporary staying on the territory of the Republic of Azerbaijan can be only restricted in compliance with the norms of international law and laws of the Republic of Azerbaijan.

Foreigners and stateless persons are equal before the law and courts of the Republic of Azerbaijan regardless of their property or social conditions, race, nationality, gender, language, religion, type and character of his/her activity and other cases.

Except the cases envisaged by the Labour Code of the Republic of Azerbaijan, same conditions related with employment defined by legislation for the citizens of the Republic of Azerbaijan is applied to labour migrants and payments for their labor activities are carried out in a way defined by the legislation for citizens of the Republic of Azerbaijan.

Labor Code of the Republic of Azerbaijan

Unless otherwise is envisaged by the Law and the international agreements which the Republic of Azerbaijan is a party to, foreigners and stateless persons equally enjoy all labor rights and bear obligations relevant to those rights as the citizens of the Republic of Azerbaijan while staying in the Republic of Azerbaijan.

Except the cases defined in the Law restriction of foreigners and stateless persons’ labor rights envisaged by this Code and other normative acts is prohibited.

It is unacceptable to give priority to the rights of foreign citizens and stateless persons vis-à-vis citizens of the Republic of Azerbaijan in respect to labor relations.

Except for cases set forth in Article 64 of the Migration Code of the Republic of Azerbaijan employers should obtain a work permit in a way and under conditions envisaged by that Code for every foreigner or stateless person whom they want to employ.

All other issues with regard to labor activities of labor migrants that have not been envisaged by Migration Code of the Republic of Azerbaijan are regulated with this Code.

Relevant executive authority conducts monitoring over ensuring of labor migrants’ rights by employers.

Tax Code of the Republic of Azerbaijan

Foreigners and stateless persons who wish to exercise entrepreneurial activities as an individual without forming a legal entity shall be registered with the tax authorities as taxpayers on the basis of certificates issued by the relevant executive authority.

Election Code of the Republic of Azerbaijan

Citizens of foreign countries meeting the requirement indicated in Article 12.1 of this Code and residing within the territory of a relevant municipality for no less than 5 years, shall have the right to vote in municipal elections (provided that the same rights to voting in municipal elections are recognized for foreigners in their native countries).

Taking into account the exceptions provided in Article 12.2 of this Code, stateless persons shall not enjoy active or passive suffrage in the Republic of Azerbaijan.

Taking into account the exceptions provided for in Article 12.3 of the same Code, foreigners shall not enjoy active or passive suffrage in the Republic of Azerbaijan.

Foreigners, stateless persons and the branches and representative offices of foreign legal entities (hereinafter the foreign legal entities) may not participate in the nomination and registration of candidates or in election campaigns of registered candidates during elections. This shall not restrict the rights of foreigners and stateless persons to freedom of opinion and assembly.

Foreigners, stateless persons, and foreign legal entities shall not have the right to conduct a campaign for or against issues to be decided by a referendum, to be members or initiators of referendum campaign groups, or to take part in referendum activity in any form. This shall not restrict the rights of foreigners and stateless persons to freedom of opinion and assembly.

Foreigners, stateless persons, and foreign legal entities that fail to follow the requirements shall be subject to liability in accordance with the law.

Land Code of the Republic of Azerbaijan

Foreigners, stateless persons and foreign legal entities can acquire land plots of agricultural purpose for production and processing of agricultural products only on the basis of the leasing rights.

Enterprises, departments and organizations engaged in scientific research, educational, experiment and testing activities in the area of agriculture owned by foreigners, stateless persons and foreign legal entities can receive land plots of agricultural purpose only on the basis of the leasing right.

Foreigners and stateless persons, foreign legal entities, international associations and organizations, as well as foreign states, can acquire land plots of the Republic of Azerbaijan only on the basis of leasing right.

In case an enterprise (facility) is owned by a foreigner or a stateless person, or a foreign legal entity, they can lease the land plot without the right to buy it.

The right to private ownership transferred to foreign juridical and physical persons as a result of transactions on inheritance, gift and mortgage of land plots shall be alienated within one year in accordance with legislation of the Republic of Azerbaijan. In case of non-alienation of the right of foreign juridical and physical persons to a land plot in accordance with legislation of the Republic of Azerbaijan, relevant executive authority (local executive power) or municipality compulsorily buys out the land plot in an order established by this Code.