The Code of administrative offences of the Republic of Azerbaijan

Foreigners and stateless persons who has lost or intentionally damaged documents for temporary or permanent residence on the territory of the Republic of Azerbaijan are fined in the amount of 30 manats.

Foreigners and stateless persons are fined in the amount of 300-400 manats with or without being expelled from the boundaries of Azerbaijan Republic in administrative order for violating rules on stay, residence in the Republic of Azerbaijan or transit through the country, namely:

• For residence in the Republic of Azerbaijan without proper legal documents, as well as residence without registration;
• For residence in the Republic of Azerbaijan with invalid documents;

• ·        For getting involved in the activity not corresponding the declared purpose of a visit to the Republic of Azerbaijan during the period of temporary stay, temporary and permanent residence in the territory of the Republic of Azerbaijan;

• For getting involved in paid labor activity in the territory of the Republic of Azerbaijan without work permit in cases such permit is required;
• For not observing rules of registration upon place of stay and residence when moving to another place;
• For deviating from leaving the country after when period of stay or residence has expired;
• For violating rules of transit through the territory of the Republic of Azerbaijan.

In case foreigners or stateless persons who have been expelled from the territory of the Republic of Azerbaijan previously and whose entrance was banned for a determined period reenter the country by deliberately modifying documents, they are expelled from the territory of the Republic of Azerbaijan with imposition of a fine in the amount of five hundred manats.

For violation of rules determined by the Migration Code of the Republic of Azerbaijan on registration and deregistration of foreigners or stateless persons, issuance of documents entitling them to stay or reside in the Republic of Azerbaijan by officials of enterprise, department or organization which hosts foreigners or stateless persons in the Republic of Azerbaijan, ensures rendering of services to them or their recruitment and fulfills duties on observing conditions of their stay, residence in the Republic of Azerbaijan or transit through the territory of the Republic of Azerbaijan, the fine is imposed on officials in the amount from three hundred manats up to five hundred manats, on juridical persons in the amount from two thousand manats up to three thousand manats.

Citizens of the Republic of Azerbaijan or foreigners or stateless persons residing in the Republic of Azerbaijan who provide foreigners or stateless persons with residential area are fined in the amount from three hundred up to five hundred manats for not taking measures for their timely registration and deregistration in a way envisaged by the Migration Code of the Republic of Azerbaijan.

For involving foreigners or stateless persons in labor activity by violating requirements of Migration Code of the Republic of Azerbaijan without obtaining work permit officials are imposed a fine in the amount from three thousand up to four thousand manats and juridical persons are imposed a fine in the amount from fifteen thousand up to twenty thousand manats.

In case the same offence is committed in regard to three and more foreigners or stateless persons officials are charged with fine from five thousand up to seven thousand manats, juridical persons from thirty thousand up to thirty five thousand manats.

For employment of foreigner and stateless person out of his/her working place by employer the officials are charged with a fine in the amount of five hundred manats.

For collecting and keeping passports or other identity document of foreigners and stateless persons involved in labor activity by employer, officials are charged with a fine in the amount of five hundred manats. 

In case labor contract between employer and foreigner or stateless person prematurely terminated and employer didn’t inform the relevant executive authority within 5 working days officials are imposed a fine in the amount of three hundred manats.

In case data in identity documents of foreigners and stateless persons, or title of a juridical person he/she is employed by is changed, or work permit is lost and employer neither informes the relevant executive authority nor applies for replacement or cancellation of such permit then officials are imposed a fine in the amount of hundred manats.

Criminal Code of the Republic of Azerbaijan

Forced expulsion from the territory of the Republic of Azerbaijan

Punishment of forced expulsion from the territory of the Republic of Azerbaijan is imposed on foreigners or stateless persons imprisoned for the term of more than a year and implemented after serving of the primary punishment. In view of the circumstances provided in Article 58.3 of the present Code the punishment of forced expulsion from the territory of the Republic of Azerbaijan can be imposed on foreigners or stateless persons imprisoned for the term of less than a year

Right to enter the Republic of Azerbaijan of persons to whom punishment of forced expulsion from the territory of the Republic of Azerbaijan has been administered, is restricted until his/her conviction is served or removed.   

Punishment of forced expulsion from the territory of the Republic of Azerbaijan is not applied to below listed persons:

-          on persons permanently resided on the territory of the Republic of Azerbaijan for five years by the moment a verdict of guilty legally entered into force;

-          on persons married with the citizen of the Republic of Azerbaijan by the moment a verdict of guilty legally entered into force;

-          on persons born in the Republic of Azerbaijan;

-          on persons whose one of the parents is the citizen of the Republic of Azerbaijan;

-          on persons who hold the refugee status or who have been granted with political asylum in the Republic of Azerbaijan;

-          on persons having in their custody citizens of the Republic of Azerbaijan who are under the age of 18, unable to work or I group disabled;

-          on persons who have well-founded fear to be exposed to tortures or persecutions in the country of destination in case of expulsion, or whose forced expulsion contradicts the interest of ensuring.

In case of contradiction between Articles 52.1 - 52.2 of the present Code and the international agreements to which the Republic of Azerbaijan is a party to, the international agreements shall be applied.

Organizing illegal migration

Organizing illegal entry, staying and transit of foreigners or stateless persons through the territory of the Republic of Azerbaijan, or illegal departure of any person from the Republic of Azerbaijan is punished with imposition of a fine in the amount from two thousand up to five thousand manats, or correction works for up to two years term, or imprisonment for up to three years term.

In case the same action is:

-          committed by organized group;

-          committed by officials abusing their position;

-          committed repeatedly;

-          committed with application of means which are dangerous for human life-

is punished with imposition of imprisonment for the term from two years up to five years with deprivation or not-deprivation  of the right to hold the certain posts or to engage in the certain activity for up to two years term.

(preliminary investigation is carried out by prosecutor’s office)

The Code of the Republic of Azerbaijani about Execution of Punishments

Punishment in the form of forced expulsion is executed by relevant executive authority (State Migration Service) in a way defined by the legislation with recommendation of institution or body executing primary punishment.  

Punishment in the form of forced expulsion is imposed in cases envisaged by the Criminal Code of the Republic of Azerbaijan.

Body or enterprise executing primary punishment administered in regard to foreigner or stateless person who have been imposed additional punishment in the form of forced expulsion from the territory of the Republic of Azerbaijan, presents to the body executing additional punishment the copy of the verdict, information about the prisoner, country of his/her origin, execution of punishment (place of serving of punishment, prisoner’s replacements, early release and other), situation on payment of compensation of damage caused as a result of the crime two months before the end of primary punishment term; and immediately after the entry of an order of referring the punishment to execution in case a fine has been imposed as a primary punishment.

Foreigner or stateless person is handed over to the body executing additional punishment with the escort of representatives of body or enterprise executing primary punishment on the day when he/she ended serving primary punishment or accordingly released from the punishment.

Foreigner or stateless person not possessing identity documents is handed over to the body executing additional punishment with reference on release with photo issued by the body or enterprise executing primary punishment.

In case there is a necessity to run verification on identity of foreigner or stateless person who have been imposed additional punishment in the form of forced expulsion out of the territory of the Republic of Azerbaijan, body executing additional punishment takes relevant measures based on the information given by the body or enterprise executing primary punishment in conformity with the Migration Code of the Republic of Azerbaijan.

Persons who have been imposed additional punishment in the form of forced expulsion out of the territory of the Republic of Azerbaijan should be expelled out of the territory of the Republic of Azerbaijan within 48 hours. In case documentation on expulsion from the territory of the Republic of Azerbaijan is delayed or there is other valid reason impeding timely execution of decision on expulsion, the court of first instance, located in the area of detention of the person, reviews cases on extension of expulsion period upon justified application of the authority executing the punishment.

In case of avoidance of the execution of the verdict by deviating from execution of the punishment of forced expulsion from the territory of the Republic of Azerbaijan or in case of existence of sufficient grounds to assume such avoidance, foreigners or stateless persons are detained in a way defined by the Code of Criminal Procedures of the Republic of Azerbaijan and verdict is executed.

Persons indicated in Article 166.7 of this are placed in the Detention Centers for Illegal Migrants of relevant executive authority (State Migration Service) in a way and for the period defined by the Migration Code of the Republic of Azerbaijan with the court decision.

The Body executing punishment sends a written notification about the person to be expelled from the territory of the Republic of Azerbaijan to relevant executing authority (State Border Service) in advance. A prisoner while being expelled out of the territory of the Republic of Azerbaijan is escorted by employees of the punishment executing body till the border check points of the Republic of Azerbaijan and handed over to the employees of the relevant executive authority (State Border Service) at the crossing points of the state border.

Expenses for expulsion from the Republic of Azerbaijan are covered either by the prisoner him/herself or by the diplomatic representations and consulates of his/her country of origin. In cases when it is impossible to cover the expenses through defined ways, expenses for expulsion out of the territory of the Republic of Azerbaijan are covered by the relevant executive authority of the Republic of Azerbaijan (State Migration Service).

Other issues arising from application of the punishment of expulsion from the territory of the Republic of Azerbaijan are solved in accordance with Migration Code of the Republic of Azerbaijan provided that they do not contradict provisions envisaged by this Code.

Legal status of persons released from serving punishment

Persons released from serving punishment enjoy the same rights and bear obligations determined for the citizens of the Republic of Azerbaijan, taking into account restrictions defined in the legislation for convicted persons.   

When sentenced foreigners or stateless persons are released from serving punishment, the authority executing punishment gives information to the relevant executive body (State Migration Service) for the purpose of identifying legal bases for stay of these persons in the territory of the Republic of Azerbaijan. On the basis of information relevant executive authority (State Migration Service) makes decision either on stay of these persons in the Republic of Azerbaijan or their expulsion from the territory of the Republic of Azerbaijan.