Listen to this article:
The procedure for mandatory collection of fines is changing.
According to “Elchi”, this is reflected in the amendment to the Code of Execution of Punishments, which was discussed at today’s meeting of the Milli Majlis.
According to the current law, if the convict does not pay the fine within the specified period, the execution of the punishment in the form of a fine is carried out in a mandatory manner by the court that issued the verdict in accordance with the procedure established by the legislation of the Republic of Azerbaijan, that is, by directing it to the property of the convict in private ownership or to his share in common ownership. The collection of the fine is directed to the convict’s salary or other earnings if he does not have property, or this property is not sufficient to fully pay the fine.
According to the draft, if the convict does not pay the fine within the specified period, the execution of the punishment in the form of a fine is carried out by directing it to execution in a mandatory manner by the court that issued the verdict. In this case, the fine will be directed primarily to the convict’s salary or other earnings. If the convict does not have a salary or other earnings, or the convict’s salary or other earnings are not sufficient to fully pay the fine, the fine will be directed to the convict’s property in private ownership or to his share in common ownership, and in this case, the provisions of the Law “On Enforcement” related to the direction of the claim to the debtor’s property will be applied.
It was noted that in cases where the fine is not paid by the convict within the specified period according to Article 24 of the Code of Execution of Punishments, the existing mechanism, i.e., first to the property of the convict in private ownership or to his share in common ownership, and only if there is no property or it is not sufficient, to his salary or other earnings. Such regulation of the issue in the legislation slows down the execution process in practice, and it is observed that the execution measures sometimes lead to results that are disproportionate to the amount of the fine. In particular, the imposition of arrest on high-value property for relatively small fines and its sale through auction creates both a waste of time and additional procedural costs.
This draft law was prepared to reconsider the priority sequence in the execution of the fine, including directing the fine primarily to the convict’s salary or other earnings, increasing the efficiency of the execution process, and minimizing the need to impose arrest on property that is not equivalent to the amount of the fine and sell it.
After discussions, the draft law was put to a vote and adopted in the first reading.