The right of debtors to leave the country will be temporarily restricted under new regulations, APA reports.
This has been reflected in the amendment to the “Law on Execution,” which President Ilham Aliyev signed into effect by decree.
Legal restrictions in the case of voluntary non-execution of enforcement documents
According to the law if the execution documents are not voluntarily executed by the debtor (individual) or the head of the executive body of the debtor legal entity within the time set for execution without valid reasons, their right to leave the country may be temporarily restricted by a court decision based on the substantiated presentation of the enforcement officer.
Increasing the role of electronic systems
Court decisions on temporarily restricting the right of a debtor individual or the head of the executive body of a debtor legal entity to leave the country are immediately transferred from the Electronic Court Information System to the Electronic Enforcement Information System.
Transfer of data between inter-agency systems
Through the "Electronic Enforcement" system, the information will be immediately transmitted to the "Entry-Exit and Registration" inter-agency automated data search system, where restrictions will be applied to the debtor individual or the head of the debtor legal entity.
Informing the parties
The debtor individual or the head of the debtor legal entity, as well as the creditor, will be notified via the "Electronic Enforcement" system, including by sending an SMS to the registered mobile phone number(s) of the debtor individual or the head of the debtor legal entity.
Restriction removal and notification process
When the grounds that led to the temporary restriction of the right to leave the country for a debtor individual or the head of a debtor legal entity are eliminated, this information will be immediately entered into the “Electronic Enforcement” information system and transferred to the interdepartmental automated data-search system “Entry-Exit and Registration.”
The restriction applied in that system will be removed, and an SMS will be sent to the debtor’s mobile phone number regarding this.