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Baku,
14 June, 1994,
Law
No 813
Law of
the Azerbaijan Republic
About
exit from the Country, entry into the Country, and about Passports
The
present law guarantees the right of citizens of the Azerbaijan Republic
to leave the Azerbaijan Republic and to enter the Azerbaijan Republic (further
exit from the country and entry into the country) in accordance with the
General Declaration of human rights and with the relevant international
agreements of the Azerbaijan Republic and to exercise freely such right
a special document that represent the symbol of each independent state
is envisaged the passport of a citizen of the Azerbaijan Republic; the
Law determines the rules of issuing passports to the citizens, the legal
status of the citizens leaving for abroad to permanent residence, the rules
of entry into the Azerbaijan Republic and of exit from the Azerbaijan Republic
for foreigners.
Clause
1. The right of the citizens of the Azerbaijan Republic to leave the country
and to enter into the country
Each
citizen of the Azerbaijan Republic (further citizen) has a right as specified
by the Law to free exit from the country and entry into the country through
the check-points specially provided for such purposes. The citizen cannot
be denied the right of exit from the country and of entry into the country.
This right might be temporarily restricted only in the following cases:
1)
if the citizen has an obligation in force on information containing the
state or military secret until such obligation is invalidated by a procedure
determined by the legislation of the Azerbaijan Republic;
2)
if criminal proceedings are initiated against the citizen or he/she has
been convicted accordingly until the cessation of the proceedings or expiration
of the penalty period, or acquittal;
3)
when the citizen has been called up for military service until the completion
of the military service or excusing from it in accordance with the law.
If
an emergency situation or danger to life, health and freedom of people
has been created in any country, Ministry of Foreign Affairs, immediately
having notified the citizens of the Azerbaijan Republic of it, might advise
them to temporarily refrain from visiting that country.
Clause
2. Realisation of citizens right of exit from the country and of entry
into the country
The
citizens right of exit from the country and of entry into the country in
accordance with the procedure determined by the present Law is realised
only on a basis of the passport of the citizen of the Azerbaijan Republic
and permission to enter a foreign country visa, issued in accordance with
the international agreements.
A
person under the age of 18 can leave the country with the consent of his/her
parents or legal representative, notarially attested or by procedure envisaged
by the legislation. In the absence of such consent from the one of the
parents the matter of exit from the country for such person under age is
settled on a basis of a court decision.
The
exit from the country of a person under age intended for the permanent
residence abroad is allowed only with the consent of each parent or his/her
legal representative in written form and notarially attested or by procedure
envisaged by the legislation.
A
person recognised by court as non-competent can leave the country accompanied
by his legal representative on a basis of a notarially attested application
of his legal representative or a court decision.
Clause
3. Passport of the citizen of the Azerbaijan Republic
Passport
of the citizen of the Azerbaijan Republic (further passport) uniform document
identifying a citizens person outside of the Azerbaijan Republic, and issue
to exercise by him/her the right of exit from the country and entry into
the country.
The
passport is issued to the citizen of the Azerbaijan Republic who have reached
the age of 18 in accordance with the procedure specified by the present
Law and is valid for entry into any country.
The
passport can be of travelling, service and diplomatic types approved by
the Supreme Council of the Azerbaijan Republic.
The
passport is a property of the Azerbaijan Republic and withdrawal of it
from the citizen or taking as a security is absolutely forbidden except
cases envisaged by the legislation of the Azerbaijan Republic.
Each
citizen must safely keep the passport. In case of loss of the passport
the citizen is obliged immediately to notify the state body that issued
the passport about it, and if such loss occurred abroad the diplomatic
representation or consulate of the Azerbaijan Republic.
After
the death of a citizen his passport as well as passport with expired period
of validity is to be handed over to the appropriate state body.
Clause
4. Travelling passport
The
travelling passport is issued by a body of internal affairs at the place
of residence not later than one month after the citizen applied to it on
a basis of his/her application, identity card, photo, state duty receipt,
and if necessary, documents confirming the Azerbaijan Republics citizenship.
If
the citizen is leaving together with children under age, their names must
be entered into his passport.
For
issuance of the travelling passport a state duty in the amount of fivefold
minimum wage is collected.
Clause
5. Service passport
The
service passport is issued by Ministry of Foreign Affair of the Azerbaijan
Republic to the following persons sent on a business trip abroad: senior
officials (executives of the staff of president of the Azerbaijan Republic,
Supreme Council, Cabinet of Ministers, central state bodies, prosecutors
office, National Bank, judges, members of Central Electoral Commission,
executives of Supreme Medjlis and Cabinet of Ministers of the Nakhichevan
Autonomous Republic, chairman of city, city regional and regional Soviets
of peoples deputies, heads of executive authorities and their deputies,
administrative and technical officials of representations of the Azerbaijan
Republic abroad, and if they work abroad longer than three month to their
wives (husbands) and unmarried daughters over 18, and also to the workers
of sea vessels and aircraft's, railway and automobile transport making
outward voyages not later than within 10 days after application of the
appropriate state bodys heads for the term of office of their owners or
for the period of 3 years.
For
issuance of the service passport a state duty in the amount of tenfold
minimum wage is collected.
Authorise
representatives of the Azerbaijan Republic abroad are obliged to provide
assistance to the owner of such passport in execution his service duties
abroad.
Clause
6. Diplomatic passport
The
diplomatic passport is issued by Ministry of Foreign Affairs of the Azerbaijan
Republic to:
1)
President of the Azerbaijan Republic, peoples deputies of the Azerbaijan
Republic, members of Cabinet, members of the Constitutional Court, of the
Supreme Court, of the Supreme arbitration court, General Prosecutor and
his deputies, chairman of the National Bank and his deputies, chairmen
of the Central electoral commissions on election of peoples deputies of
the Azerbaijan Republic, on election of President of the Azerbaijan Republic,
Central commission on referendum of the Azerbaijan Republic, leading officials
(heads of departments and higher) of staff of President, Supreme Council,
Cabinet of Ministers of the Azerbaijan Republic, heads of central state
bodies, persons occupying diplomatic positions, and also to the chairman
of Supreme Medjlis of the Nakhichevan Autonomous Republic, his deputies,
members of Cabinet of Ministers, chairman of the Supreme Court of the Nakhichevan
Autonomous Republic, and to Prosecutor of the Nakhichevan Autonomous Republic
not later than within 15 days after they start to fulfil their duties;
2)
on a basis of an order of President of the Azerbaijan Republic, of the
chairman of the Supreme Council of the Azerbaijan Republic, and in extraordinary
cases of Minister of Foreign Affairs of the Azerbaijan Republic to the
members of delegations and special delegates representing the Azerbaijan
Republic at international conferences, meetings and negotiations, at sessions
of UNO General Assembly, in UNO bodies, at conferences of international
organisations, interstate meetings and contacts;
3)
wives (husbands) and unmarried daughters over 18 of President of the Azerbaijan
Republic, of Chairman of the Supreme Council, of Prime Minister, of Minister
of Foreign Affairs, and of all other above mentioned persons sent abroad
for a period exceeding 3 months, who will accompany them.
No
state duty for issuance of the diplomatic passport is collected.
Children
under age, wife (husband) of the owner might be entered into the diplomatic
passport and in such cases their photos also are pasted in the passport.
Usage of such passport by the family members for exit from the country
or entry into the country without its proper owner is forbidden.
The
diplomatic passport is given to its owner for five years or for the period
determined for the fulfilment of special duties. Diplomatic passport to
president, chairman of Supreme Council, Prime-Minister, chairman of Supreme
Court, Minister of Foreign Affairs of the Azerbaijan Republic is given
for lifetime.
Such
passport gives diplomatic immunity abroad to its owner. All competent officials
are obliged to provide assistance to the owner of the diplomatic passport
and to persons entered into it in free and safe crossing of the borders
and in other necessary circumstances.
Clause
7. Information indicated in the passport
Regardless
of type in each passport:
1)
its name, the state insignia of the Azerbaijan Republic, state court, type,
serial number of the passport, surname, name, patronym of the owner, nationality,
place and date of birth, sex, height, eyes colour, blood group, residence
address, name of body issuing the passport, date of issue, owner signature,
surnames, names, sex and date of birth of children under 18, leaving together
with him/her, requirements to passport should be specified;
2)
owners photo is to be pasted in;
3)
notes of permissions to enter the foreign countries (visas) and other special
notes are made (about passages through customs and border points).
In
addition to this information in the service passport provisions specified
in subclause three of clause 5 of the present Law, and in the diplomatic
passport provisions, specified in subclause five of clause 6 of the present
Law, validity period, prolonged period, the name of body granted such prolongation,
the date of prolongation are to be specified.
Entries
in the passport are made in the state language of the Azerbaijan Republic
and in English and certified by signature and seal by the responsible official
of the appropriate state body. The translation of the names of special
issues in Russian, French, German, Spanish, Arab and Chinese is given on
separate pages of the passport.
Clause
8. Application for passport
The
passport is issued on a basis of an application of the citizen (of one
of his/her parents, or legal representative), or on a basis of a request
of the enterprise, institution, organisation, submitted to the appropriate
state body.
The
state duty receipt, photos, consent of the parents or of the legal representative
of children under 18, and in the cases envisaged by subclause one of clause
9 of the present Law and representing an urgent situation the document
confirming such cases should be enclosed to the application for issuance
of the passport.
Clause
9. Examination of application (request) for passport
The
citizens application (request of the enterprise, institution, organisation)
for the passport is examined subject to type of the passport within periods
specified in clause 4, 5 or 6 of the present Law; if the voyage is connected
with the urgent medical treatment of the owner or persons leaving with
him/her, or with a serious illness or death of a relative abroad not later
than 48 hours after submission of the documents confirming these facts.
In
the cases envisaged by subclause 1-3 of clause 1 of the present Law the
request for passport is declined with written notification of the applicant
about the reasons and the renewed application (request) is examined after
the reasons leading to the refusal are determined.
The
application for passport is declined if a document containing false information
about nationality or invalid had been submitted, and the matter can be
reconsidered only after submission of new documents.
The
application for passport in connection with the state or military secret
can be declined only in the cases envisaged by the legislation of the Azerbaijan
Republic.
The
citizen can apply to court to take an action against the procrastination
or refusal to issue the passport.
Clause
10. Replacement of the passport
In
cases of alterations in the surname, name, patronym of the citizen or if
errors are discovered in the passport records, and also if the passport
became unfit for use, the citizen must replace the passport.
For
the replacement of the passport the state duty is collected in the amount
indicated in clause 4 of the present Law.
The
passport is replaced by procedure specified by clause 8 and 9 of the present
Law.
Clause
11. Legal status of citizens leaving the country for permanent residence
abroad
The
citizens leaving the country for permanent residence abroad:
·
enjoy all rights given by Constitution of the Azerbaijan Republic including
the right of pension as specified by the legislation of the Azerbaijan
Republic, and have all duties;
·
can take with them all property belonging to them or to members of their
family except things excluded from the civil circulation as specified by
the legislation of the Azerbaijan Republic. Removal of articles of art
representing cultural and historic value and of other valuables is governed
by the legislation of the Azerbaijan Republic;
·
are registered abroad by a consulate institution of the Azerbaijan Republic
and corresponding notes are made in their passports;
·
in accordance with decisions of courts of the Azerbaijan Republic regardless
of place of residence they must in due time make payments of alimonies
and other property obligations;
·
enter the country for temporary residence on a basis of the passport, and
for returning to the country for the permanent residence, note of withdrawal
from records must be made in the passport at consulate missions of the
Azerbaijan Republic abroad.
Clause
12. Entry into the Azerbaijan Republic and exit from the Azerbaijan Republic
for foreigners
Foreigners
and persons without citizenship (further foreigners) may enter the Azerbaijan
Republic as specified by Law on condition of passage through special check-points
on a basis of personal passports and permission visa, issued in accordance
with international agreements.
Entry
of foreigners into the Azerbaijan Republic is forbidden only in the following
cases:
1)
if it is vital for the protection of national security or public order;
2)
if it is necessary for the protection of rights and legal interests of
the citizens of the Azerbaijan Republic and other persons;
3)
if the persons broke requirements of laws of the Azerbaijan Republic during
his previous visit to the country;
4)
if the person gave false information about himself/herself in the application
to enter the Azerbaijan Republic;
5)
if the entry into the Azerbaijan Republic of the person suffering from
mental or infectious (contagious) diseases constitutes a threat to public
health (except the persons who do not constitute such threat and arriving
at his/her or their legal trustees expense for medical treatment).
Supreme
Council of the Azerbaijan Republic in accordance with the interstate agreements
concluded by the Azerbaijan Republic, and by Decree of President of the
Azerbaijan Republic can establish a simplified (without visa) procedure
on a basis of the personal passport for foreigners to enter the Azerbaijan
Republic.
The
exit of foreigners from the Azerbaijan Republic can be temporarily restricted
only in the following cases:
1)
if their exit can cause damage to national security till the removal of
this reason;
2)
if there are the suspects or defendants (accused) in committing a crime
till the completion of the case;
3)
if they are condemned for committing a crime till the discharge or full
serving of the punishment;
4)
if a civil action is brought against them in court accordingly till a decision
on this civil case comes into force a specified by the legislation of the
Azerbaijan Republic.
Foreigners
entering the Azerbaijan Republic and leaving it should be registered in
appropriate state bodies a specified by Cabinet of Ministers of the Azerbaijan
Republic.
Clause
13. Entry, return, transit and exit visas
The
entry visa is granted to foreigners to enter the territory of the Azerbaijan
Republic in general order. The period of its validity is established for
the single entry-exit from three days to three months, and for multiple
entry-exit up to one year. If the visa is not used within this period it
becomes invalid.
The
return visa might be given to foreigners who have a personal passport if
they apply for it when leaving the Azerbaijan Republic to return to its
territory for the period of up to one month. This visa becomes invalid
if not used within six month from the date of exit from the Azerbaijan
Republic.
The
single or multiple transit visa is granted to foreigners going to other
countries for passing through the territory of Azerbaijan Republic. If
the transit visa has not any notes or seals about the non-stop passage
its owner has a right to stay in the Azerbaijan Republic for not longer
than five days.
The
exit visa is issued to foreigners having an official permission to reside
in the Azerbaijan Republic. The exit visa is given without collecting the
state duty.
Foreigners
must in advance before the expiration of the period indicated in their
visas make a decision on the matter of its prolongation in order to stay
in or leave the Azerbaijan Republic.
Clause
14. Receipt of a visa
To
get a visa foreigners must apply for granting visa specifying aims and
date of entry to the Embassies or consulates of the Azerbaijan Republic
or directly to Ministry of Foreign Affairs of the Azerbaijan Republic enclosing
the required documents and receipt for duty payable for granting visa.
The
list of documents enclosed to the applications of foreigners for visas
is determined by Ministry of Foreign Affairs of the Azerbaijan Republic,
and the amount of the duty Cabinet of Ministers of the Azerbaijan Republic.
The
application of foreigners for issuance of visa are considered by Ministry
of Foreign Affairs of the Azerbaijan Republic or by the Embassies and consulates
of the Azerbaijan Republic within one month from the date of submission;
if the voyage is connected with an urgent medical treatment or serious
illness or death of a relative residing in the Azerbaijan Republic, within
48 hours after submission of documents confirming these facts. In the cases
envisaged by subclause two of clause 12 of the present Law the application
is declined with written notification of the applicant of reasons and his/her
renewed application will be considered after withdrawal of such reasons.
Foreigners
can apply to appropriate court of the Azerbaijan Republic with a complaint
about procrastination in consideration of their application for visa or
refusal to grant the same.
Clause
15. Foreigners entering the Azerbaijan Republic without passport or visa
Foreigners
crossing the border of the Azerbaijan Republic in violation of requirement
of the present Law without passport, visa or with invalid passport and
other document, are sent back. Reception of such persons declaring that
their passport and documents were lost is possible before the investigation
carried out by Ministry of Internal Affairs on condition that they are
located at a place determined by the head of executive power of the nearest
region.
Clause
16. Responsibility for violation of the present Law
For
entering false information into the passport, its loss, intentional damage,
theft, forgery, selling, illegal manufacturing or usage, or for violation
of entry-exit rules specified by the present Law culprits bear administrative
or criminal responsibility in accordance with the legislation of the Azerbaijan
Republic.
Clause
17. Application of the international agreements
If
rules determined by an international agreement of the Azerbaijan Republic
differ from the specified by the present Law the rules of the international
agreement are applicable.
President
of the Azerbaijan Republic Geydar Aliyev
Baku,
14 June, 1994, No 813 |