Azerbaijan Bar Advocate Qualification flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Constitution supremacy
- Article 147 of the Constitution establishes that the Constitution has supreme legal force and that laws and other acts must not contradict it.
- Separation of powers
- Article 7 of the Constitution provides that state power is based on the principle of separation of legislative, executive, and judicial powers.
- Limitation period
- Under Civil Code Article 266, the general limitation period is three years; special periods may be established by law for certain claims.
- Adversarial principle
- Civil Procedure Code Article 5 states that court proceedings are conducted on the basis of adversariality and equality of the parties.
- Necessary defense
- Criminal Code Article 22 excludes criminal liability for harm caused in necessary defense if the limits of defense were not exceeded.
- Detention time limit
- Criminal Procedure Code Article 91 provides that detention of a suspect may not exceed 48 hours before a court decision on preventive measures.
- Administrative penalty period
- Administrative Offences Code Article 24 sets a two-month period for imposing an administrative penalty from the date of the offence.
- Administrative act content
- Administrative Procedure Code Article 20 requires an administrative act to contain legal basis, facts, reasoning, and appeal information.
- Normal working time
- Labor Code Article 76 establishes that normal working time may not exceed 40 hours per week for employees.
- Annual paid leave
- Labor Code Article 88 guarantees annual paid leave of at least 21 calendar days, with longer periods for certain categories.
- Marriage age
- Family Code Article 12 sets the marriage age at 18; in exceptional cases it may be reduced by one year with parental consent.
- Child support percentage
- Family Code Article 75 provides alimony as 1/4 of income for one child, 1/3 for two, and 1/2 for three or more children.
- Legal entity definition
- Civil Code Article 104 defines a legal entity as an organization with separate property, liable for its obligations, and capable of acquiring rights.
- Dominant position threshold
- Law on Protection of Competition presumes a dominant position if a market share exceeds 35 percent, and abuse of dominance is prohibited.
- Tax audit period
- Tax Code Article 56 provides that a tax audit may cover up to three calendar years preceding the audit.
- Personal income tax rates
- Tax Code Article 101 sets personal income tax at 14 percent for monthly income up to 2,500 AZN and 25 percent above that threshold.
- Land lease term
- Land Code Article 40 allows land lease for up to 99 years, and the lease agreement must be registered with the state.
- Environmental impact assessment
- Law on Environmental Protection requires environmental impact assessment for activities that may harm the environment before approval.
- Pacta sunt servanda
- Vienna Convention on the Law of Treaties Article 26 states that treaties are binding on the parties and must be performed in good faith.
- Fair trial right
- ECHR Article 6 guarantees the right to a fair trial, including access to court, reasonable time, and equality of arms.
- Attorney-client privilege
- Law on Advocates Article 9 imposes a duty on advocates to maintain attorney-client privilege without time limit.
- Conflict of interest
- Law on Advocates Article 10 prohibits an advocate from representing conflicting interests or accepting a case against a former client.
- IRAC method
- IRAC is a legal analysis structure: Issue, Rule, Application, and Conclusion, used in legal writing and exam answers.
- Statement of claim
- Civil Procedure Code Article 130 requires a statement of claim to include court name, parties, claim amount, facts, legal basis, and evidence.
- Cassation appeal deadline
- Civil Procedure Code Article 400 provides that a cassation appeal may be filed within two months from the appellate court decision.
- Age of criminal responsibility
- Criminal Code Article 20 sets criminal responsibility at 16 years, and at 14 years for listed serious crimes.
- Right to defense lawyer
- Criminal Procedure Code Article 145 guarantees a suspect the right to a defense lawyer from detention or first interrogation.
- Administrative complaint deadline
- Administrative Procedure Code Article 40 allows a complaint against an administrative act within 30 days to a higher body or court.
- Probation period
- Labor Code Article 43 limits the probation period to three months, and to six months for certain categories of employees.
- Joint marital property
- Family Code Article 25 provides that property acquired during marriage is joint property, while pre-marital property is separate.
- Bank deposit insurance
- Law on Banks guarantees deposit insurance up to 100,000 AZN per depositor in licensed banks.
- Advocate advertising rules
- Code of Professional Ethics of Advocates prohibits misleading advertising and solicitation of clients by advocates.