- The Legislation of the Republic of Azerbaijan does not specify any procedure
on modalities for recovery of the motor vehicles stolen abroad and discovered
in our country.
In the meantime, irrespective which subject was stolen and then discovered,
there is a possibility to solve this kind of issues in compliance with the
Legislation.
Depending on the circumstances of disclosure and seizure of stolen property
(hereinafter referred to as "property"), the following options are
possible :
A. In case if the property was procured by an Azerbaijani national of
any other person at the territory of Azerbaijan in compliance with' the
Legislation of the Republic of Azerbaijan (so called proper or descent purchase)
and this may be certified by investigation files or the checks, recovery
issues shall be solved by legal actions brought by the victim in the local
people's court at the buyer's place of residence. The Court shall take a
decision on seizure of stolen property with the view of its subsequent restitution
to the rightful owner. The following documents should be enclosed to the
suit:
1. Copies of documents certifying rights of plaintiff for the property;
2. Certificate of investigation files with evidence of theft;
3. Other documents able to affect the result of legal actions in the
court (such as copy of the contract on lease, certificate on insurance
compensation, etc.)
All the documents shall be interpreted into Azeri and certified by the
notary
office.
It should be also noted that according to the Legislation of the Republic
of Azerbaijan limitation of actions is 3 years. With expiration of this
period the suits can be rejected.
B. The property acquired in violation of the Legislation of the Republic
of Azerbaijan,
In this case the investigation services should consider possibility of
institution of criminal case and the decision of recovery shall be taken
by either the investigator of public prosecutor conducting the investigation.
In case of rejection in institution of criminal proceedings the issues
bound with recovery shall be solved following the procedure described in
the Item 1.
C. The property shall constitute the subject of criminal proceedings
(prosecution) and given the status of material evidence.
The decision on recovery to the rightful owner shall be passed either by
the investigator (public prosecutor) in charge for the case or by the Court
examining the criminal case.
