Azerbaijan Bar Advocate Qualification cheat sheet

Article 7 of the Constitution: Azerbaijan is a democratic, legal, secular, unitary republic; state power is based on the principle of separation of powers.

Article 147: The Constitution has supreme legal force; laws and other acts must not contradict it.

Article 149: International treaties to which Azerbaijan is a party prevail over domestic legislation in case of conflict.

Article 54: Right to health protection; Article 55: right to social security; Article 57: right to strike.

Article 63: Right to legal assistance; free legal aid is guaranteed in cases provided by law.

Article 71: Rights and freedoms may be restricted only by law and only to protect state security, public order, health, morals, or rights of others.

Article 158: The Constitutional Court resolves disputes on the constitutionality of laws, presidential acts, and municipal acts.

Articles 100-102: President is elected for 7 years; the President is the head of state and guarantees the Constitution.

Article 130: The Prosecutor's Office supervises the observance of laws; it is a single centralized body.

Civil Code Art. 5: Civil legislation is based on the equality, autonomy of will, and property independence of participants.

Limitation period (Civil Code Art. 266): general period is 3 years; special periods may be shorter or longer as provided by law.

Contract form (Civil Code Art. 392): transactions between legal entities must be in writing; oral form is allowed for transactions executed at the moment of conclusion.

Property right (Civil Code Art. 152): owner has rights of possession, use, and disposal; registration of immovable property rights is mandatory.

Civil Procedure Code (CPC) Art. 5: Court proceedings are conducted on the basis of adversariality and equality of parties.

CPC Art. 130: Statement of claim must include court name, parties, claim amount, facts, legal basis, and evidence.

CPC Art. 210: Burden of proof lies on the party asserting the fact; court may order ex officio evidence in cases provided by law.

CPC Art. 350: Court of Appeal reviews the case on the basis of the case file and newly submitted evidence if justified.

CPC Art. 400: Cassation appeal may be filed within 2 months from the date of the appellate court decision.

Criminal Code Art. 3: Criminal liability arises only for acts defined as crimes by the Criminal Code.

Criminal Code Art. 14: A crime is a culpable socially dangerous act prohibited by the Criminal Code under threat of punishment.

Criminal Code Art. 20: Age of criminal responsibility is 16; for listed serious crimes it is 14.

Criminal Code Art. 22: Necessary defense excludes criminality if the limits of defense are not exceeded.

Criminal Code Art. 75: Statute of limitations for bringing to criminal liability is 2 years for minor crimes, up to 15 years for especially grave crimes.

Criminal Procedure Code (CrPC) Art. 6: Criminal proceedings are based on adversariality and equality of the parties.

CrPC Art. 91: Detention of a suspect may not exceed 48 hours; the court must decide on preventive measures.

CrPC Art. 145: A suspect has the right to a defense lawyer from the moment of detention or first interrogation.

CrPC Art. 220: Preventive measures include recognizance, personal guarantee, bail, house arrest, and detention.

Administrative Offences Code Art. 1: Legislation on administrative offences consists of this Code and other laws.

Administrative Offences Code Art. 24: Administrative penalty may be imposed within 2 months from the date of the offence; for continuing offences, from the date of discovery.

Administrative Offences Code Art. 32: Types of penalties include warning, fine, deprivation of special rights, administrative arrest, and administrative expulsion.

Administrative Procedure Code (APC) Art. 3: Administrative procedure is based on legality, equality, transparency, and the right to be heard.

APC Art. 20: An administrative act must contain the legal basis, facts, reasoning, and information on appeal.

APC Art. 40: A complaint against an administrative act may be filed with a higher body or court within 30 days.

APC Art. 50: The court may annul an administrative act if it is unlawful or violates the rights of the applicant.

Law on Administrative Supervision: State control bodies must conduct inspections in accordance with the Law on Regulation of Inspections.

Labor Code Art. 5: Labor relations are based on freedom of labor, equality, and prohibition of forced labor and discrimination.

Labor Code Art. 40: Employment contract must be in writing and concluded before the employee starts work.

Labor Code Art. 43: Probation period may not exceed 3 months; for certain categories, 6 months.

Labor Code Art. 76: Normal working time may not exceed 40 hours per week.

Labor Code Art. 88: Annual paid leave is at least 21 calendar days; for certain categories, longer periods are established.

Labor Code Art. 191: Termination of employment contract by employer requires grounds listed in the Code; dismissal must be reasoned.

Law on Social Insurance: Pension age is 65 years for men and women, subject to gradual increase for women.

Law on Unemployment Insurance: Unemployment benefit is paid for up to 6 months and is calculated as a percentage of average monthly wage.

Family Code Art. 1: Family legislation is based on the principles of voluntary marriage, equality of spouses, and protection of children's rights.

Family Code Art. 12: Marriage age is 18; in exceptional cases, may be reduced by 1 year with parental consent.

Family Code Art. 16: Marriage is concluded in civil registry offices; religious ceremonies have no legal effect.

Family Code Art. 19: Grounds for divorce: mutual consent, death, court declaration of death, or incapacity.

Family Code Art. 25: Property acquired during marriage is joint property; property acquired before marriage is separate.

Family Code Art. 33: Parents have equal rights and obligations in raising children; disputes are resolved by court.

Family Code Art. 52: Deprivation of parental rights is possible only by court decision on grounds listed in the Code.

Family Code Art. 75: Alimony for minor children is 1/4 of income for one child, 1/3 for two, 1/2 for three or more.

Civil Code Art. 104: A legal entity is an organization with separate property, liable for its obligations, and capable of acquiring rights.

Law on State Registration of Legal Entities: Registration is carried out by the State Tax Service; registration period is 3 working days.

Law on Limited Liability Companies: Charter capital is divided into shares; members' liability is limited to their contributions.

Law on Joint Stock Companies: Shareholders' liability is limited to the value of their shares; public companies must publish reports.

Commercial Code Art. 5: Commercial activity is entrepreneurial activity aimed at profit, carried out independently and at one's own risk.

Law on Bankruptcy: Bankruptcy proceedings are initiated by court if the debtor is unable to satisfy creditors' claims for 3 months.

Law on Protection of Competition: Dominant position is presumed if market share exceeds 35%; abuse of dominance is prohibited.

Civil Code Art. 390: A contract is concluded when an offer is accepted; acceptance must be full and unconditional.

Tax Code Art. 3: Tax legislation consists of this Code and other laws; taxes must be established by law.

Tax Code Art. 13: Taxpayers have the right to receive information on taxes, appeal decisions, and be present during audits.

Tax Code Art. 14: Tax agents are obliged to withhold and remit taxes; they have the same rights as taxpayers.

Tax Code Art. 56: Tax audit may cover up to 3 calendar years preceding the audit.

Tax Code Art. 72: Overpaid tax may be refunded or offset within 3 years from the date of payment.

Tax Code Art. 85: Profit tax rate is 20% for legal entities; simplified tax is 2% for certain categories.

Tax Code Art. 101: Personal income tax rate is 14% for monthly income up to 2,500 AZN; 25% above that threshold.

Law on Banks: Banking activity is licensed by the Central Bank; deposit insurance is guaranteed up to 100,000 AZN.

Land Code Art. 3: Land legislation regulates land relations; land is a national treasure and is protected by the state.

Land Code Art. 8: Land categories include agricultural, settlement, industry, forest, water, and reserve lands.

Land Code Art. 14: Land may be in state, municipal, or private ownership; foreign persons may lease land.

Land Code Art. 40: Land lease agreement must be registered with the state; term may be up to 99 years.

Law on Environmental Protection: Environmental impact assessment is mandatory for activities that may harm the environment.

Law on Environmental Protection: Polluters are liable for damage caused to the environment; liability may be civil, administrative, or criminal.

Water Code Art. 5: Water is state property; water use is permitted on the basis of permits.

Forest Code Art. 10: Forests are state property; logging is permitted only with a special permit (forest ticket).

Vienna Convention on the Law of Treaties (1969) Art. 26: Treaties are binding on the parties and must be performed in good faith (pacta sunt servanda).

Vienna Convention Art. 53: A treaty is void if it conflicts with a peremptory norm of general international law (jus cogens).

Azerbaijan Constitution Art. 149: International treaties ratified by Azerbaijan prevail over domestic laws.

European Convention on Human Rights (ECHR) Art. 6: Right to a fair trial, including access to court and reasonable time.

ECHR Art. 13: Right to an effective remedy before a national authority for violations of Convention rights.

ECHR Protocol No. 1 Art. 1: Right to peaceful enjoyment of possessions; deprivation only in public interest and subject to law.

Azerbaijan is a party to the ECHR; individual applications may be filed with the European Court of Human Rights after exhausting domestic remedies within 6 months.

UN Convention against Corruption (2003): Requires criminalization of bribery, embezzlement, and money laundering; international cooperation.

Law on Advocates and Advocate Activity Art. 5: Advocate activity is independent professional activity providing legal assistance.

Law on Advocates Art. 9: Advocate must maintain attorney-client privilege; information obtained is confidential without time limit.

Law on Advocates Art. 10: Advocate may not represent conflicting interests or accept a case if previously advised the opposing party.

Law on Advocates Art. 11: Advocate must act in good faith, respect the court, and not use unlawful means.

Code of Professional Ethics of Advocates: Advocate must not advertise services in a misleading manner or solicit clients.

Code of Ethics: Advocate must not disclose confidential information even after termination of the agreement.

Law on Advocates Art. 15: Advocate may not be interrogated as a witness regarding circumstances learned in the course of professional activity.

Code of Ethics: Advocate must avoid conflicts of interest and inform the client of any potential conflict.

A statement of claim must contain: court name, parties, claim amount, facts, legal basis, evidence, and signature.

Legal writing structure: IRAC (Issue, Rule, Application, Conclusion) for legal analysis.

Citation format: reference the normative act, article, and paragraph; include date and official source.

Advocacy skills: prepare a case theory, identify key facts, and anticipate counterarguments.

Client interview: use open-ended questions, active listening, and summarize to confirm facts.

Negotiation: separate positions from interests; focus on objective criteria and BATNA.

Court presentation: be concise, cite legal authority, and address the court with respect.

Evidence gathering: ensure admissibility and relevance; prepare a list of documents and witnesses.