The Law of the Republic of Azerbaijan On registration at the place of residence and sojourn

Article 1. Bases of the registration of the place of residence and sojourn

The nationals of the Republic of Azerbaijan, foreigners and stateless persons (hereinafter referred to as persons) are to be registered in accordance with their place of residence and sojourn in the Republic of Azerbaijan. The purpose of the registration of the place of residence and sojourn is the record keeping of the persons who live in the Republic of Azerbaijan and to provide the proper conditions for the fulfillment of their duties before other persons, the state, and society (social protection, pension, challenge to the military service, execution of the court decisions and so on).

The registration of the place of residence and sojourn does not take the authorization kind and can cause the legal results only in the cases specified in the legislation of the Republic of Azerbaijan.

The documents not specified in the present Law cannot be demanded the registration of the place of residence and sojourn.

Article 2. Definitions of the place of residence and sojourn

The place of residence of the person is the home, apartment, official home, hostel, social service institutions for the elderly and persons with disabilities, including for children under 18 with limited health opportunities, special educational institutions, and other similar accommodations where he/she lives permanently or more time according to the rent or lease agreements or other bases specified in the Republic of Azerbaijan as the owner by the person of full capability.

The sojourn of the person is the hotel, sanatoria, rest home, boarding house, camping, tourist center, hospital, and other public places as well as the residential building (his/her, relative’s, friend’s and so on) which is not considered his/her residential place and where he/she lives temporally.

The residential place of the minors who are under 14 is the residential place of their legal representatives — appropriately parents, adopters or tutors.

The residential place of the minors who are between 14 and 18 (exclude those who have the full capability) is defined with the consent of their legal representatives — appropriately parents, adopters or tutors and guardians.

Registration of children, who have lost their parents and deprived of parental care, established by the Law of the Republic of Azerbaijan "On Social Protection of Children who Have Lost Parents and Deprived of Parental Care", is carried out both at the place of residence and at the place of temporary stay (institutions for children who have lost parents and are deprived of parental care, a hostel, the place of residence of the guardian (trustee), adopted the child).

Article 3. Documents on definition of the residential place

The residential place is verified according to the following documents:

1) relating to the national of the Republic of Azerbaijan — only the identification card of the national of the Republic of Azerbaijan;

2) relating to the foreigner or stateless person who lives in the Republic of Azerbaijan more than 30 days — the certificate on his/her registration;

3) relating to the foreigner or stateless persons who live in the Republic of Azerbaijan permanently or temporarily — the special identification card.

4) relating to the foreigner or stateless person, the period of temporary stay of which in the territory of the Republic of Azerbaijan has been extended - by a special-type decision issued by the relevant executive authority;

5) relating to the foreigner or stateless person, received refugee status in the Republic of Azerbaijan - a refugee certificate.

It cannot be demanded any other document (reference) from the person in order to verify his/her residential place.

Article 4. Bases for the restriction of the registration

The registration place of residence and sojourn can be restricted in border areas, closed military stations, private territories, closed administrative zones, ecological distress areas, in zones of special regime and conditions due to the infection and poisoning, in place of the state of emergency and martial law and during the period of the war and military call-up.

Article 5. Registration of the national at the residential place

The national is registered at the residential place when he/she gets the identification card of the national of the Republic of Azerbaijan in the first time

The national who changes his/her residential place is to apply to the relevant state body for the registration not later than 10 days from the coming to a new residential place. The relevant state body is to register the national immediately and is to issue the identification card according to the law of the Republic of Azerbaijan «On identification card of the national of the Republic of Azerbaijan» within 10 days.

The national is to submit the following documents together with the application form in order to be registered in the residential place:

1) identification card or certificate of birth;

2) document which entitles the movement to the residential place (an extract from the state register of real estate on state registration of ownership, an order, rent or lease agreement or other documents specified in the legislation of the Republic of Azerbaijan) or the application of the person who presents the residential place to the national.

If citizens of the Republic of Azerbaijan and stateless persons permanently residing in the Republic of Azerbaijan, released from serving their sentence in penitentiary institutions have not lost their rights to their previous place of residence in accordance with the procedure established by law, they shall be registered by the relevant executive authority at the respective place of residence within 3 days from the date of application. If members of his family live in the previous place of residence of a person who has been released from serving his sentence, then permission of the family members to return to these premises is not required. In the case of minors living in a residential area transferred under guardianship in accordance with the procedure established by law, a person released from serving a sentence may settle on this residential area with the permission of the guardianship and trusteeship authority (except when he is the owner of the apartment).

Article 6. Registration of the foreigner at the residential place

The foreigner who wants to live in the Republic of Azerbaijan more than 30 days is to apply to the relevant state body for the registration in the residential place and is to submit his/her passport, entry visa, the document which entitles the movement to the residential place (registration certificate of the ownership right (title document), rent or lease agreement or other documents specified in the legislation of the Republic of Azerbaijan) or the application of the person who presents the residential place to the national.

The foreigner who is registered at the residential place gets the certificate on registration.

Article 7. Registration at the place of residence of a foreigner or stateless person permanently or temporarily residing in the Republic of Azerbaijan, as well as a foreigner or stateless person, the period of temporary stay of which in the Republic of Azerbaijan is extended or who has been granted refugee status

When foreigners or stateless persons are granted permits for permanent or temporary residence in the Republic of Azerbaijan or refugee status, as well as for the extension of the period of temporary stay of foreigners or stateless persons in the Republic of Azerbaijan, they are registered at the same time by the relevant executive authority. Information on the registration of a person at the place of residence is specified in the authorization certificate issued to him for permanent or temporary residence, a refugee certificate, as well as in the decision to extend the term of temporary stay.

Article 8. Rejection from the registration at the residential place

The relevant state authorities reject the registration at the residential place in the following cases:

1) if the documents specified in this Law are not submitted;

2) if it is specified the restriction of the registration according to the article 4 of this Law;

3) if after the registration of the person (exclude the cases when the person is moved as the family member according to the Housing Code) each person who lives in this residential place has the residential share which is less than the standard specified in the article 40 of the Housing Code of the Republic of Azerbaijan;

4) if the house (residential place) where the person intends to be registered faces the danger of breakdown.

Article 9. Withdrawal of the registration at the residential place

The relevant state authorities cancel the registration at the residential places in the following cases:

1) if he/she changes the residential place — according to the information of the relevant state authorities on registration in a new residential place;

2) if he/she chooses a residential place in other country — according to the information of the relevant state authorities;

3) if he/she is sentenced to life imprisonment — according to the forceful sentence of the court;

4) if he/she was died or he/she was announced as died in the court decision — according to the information of the relevant state body on record of the death fact;

5) if he/she is dismissed from the residential place or his/her use right on residential place is terminated — according to the forceful decision of the court;

6) if it is clarified that the documents or information which were base for the registration are not truth or the official violated the law during the registration — according to the forceful decision of the court.

7) with the compulsory expulsion of foreigners or stateless persons outside the borders of the Republic of Azerbaijan - on the basis of information from the relevant executive authority.

Withdrawal from the registration at the place of residence of children, who lost their parents and deprived of parental care, established by the Law of the Republic of Azerbaijan "On Social Protection of Children who Have Lost Parents and Deprived of Parental Care" is possible only with the consent of the relevant executive authority.

If the national of the Republic of Azerbaijan chooses the residential place in other country, he/she is to submit his/her identification card to the relevant state body in order to keep it.

Article 10. Registration of the national at his/her sojourn

The registration of the national at the residential place is not cancelled during the registration of the person at his/her sojourn.

If the national comes to the hotel, sanatoria, rest home, boarding house, camping, tourist center, hospital and other public places, the application form is filled up and it is submitted to the appropriate management. The management submits the application form to the relevant state body within 24 hours.

If the national wants temporally to live more than 60 days out of his/her residential place, he/she is to fill up the application form and is to submit to the relevant state body within 7 days (except for days off, voting day, considered non-working holidays and the National Day of Sorrow) from the moment when he/she comes to a new place. This body is to register the national immediately and to hold the temporal note on the backside of his/her identification card relating to this matter.

If the national leaves the sojourn, the relevant state body cancels his/her registration from the sojourn.

Withdrawal from the registration at the place of residence of children, who lost their parents and deprived of parental care, established by the Law of the Republic of Azerbaijan "On Social Protection of Children Who Have Lost Parents and Deprived of Parental Care" is possible only with the consent of the relevant executive authority.

Article 11. Registration of foreigners and stateless persons at the soujorn in the Republic of Azerbaijan

Foreigners and stateless persons temporarily staying in the territory of the Republic of Azerbaijan for more than 15 days must be registered at the place of their stay in accordance with the procedure and terms established by Article 21 of the Migration Code of the Republic of Azerbaijan.

Article 12. Registration of the stateless person at the sojourn

The stateless person who wants to live in the territory of the Republic of Azerbaijan more than 30 days is registered at the sojourn and his/her registration is cancelled in order specified in the article 11 of the present Law.

Article 13. Complaints on the registration

The complaints can be lodged administratively and (or) to the court relating to the rejection on registration in written or oral form, demand the documents not specified in the present Law as well as the bureaucracy in the registration.

Article 14. Responsibility for the violation of the Law

Persons guilty of violating the requirements of this Law bear disciplinary, administrative and criminal responsibility.

Article 15. Final provisions

The Regulations approved by the Law define the rules of application of present Law’s provisions relating to the registration in the place of residence and sojourn.

The order of penetration of a police officer into the place of residence or stay of a person against his/her will is regulated by the Criminal Procedure Code of the Republic of Azerbaijan and the Law of the Republic of Azerbaijan "On Police". A police officer has no right to enter the place of residence or stay of a person against his will without the circumstances and grounds specified in the Criminal Procedure Code of the Republic of Azerbaijan and parts 1 and 2 of article 24 of the Law of the Republic of Azerbaijan "On Police".

This Law comes into force from January 1, 1997.The President of the Republic of Azerbaijan

Heydar ALIYEV

Baku city, 4 April, 1996

No. 55-IQ

Published in "Azerbaijan" newspaper (September 20, 1996, No. 181) .

Published in the "Collection of Laws of the Republic of Azerbaijan" (August 31, 1997, No. 2, Article 88) .

As amended on 5 October, 2001, No. 175-IIQD; 5 October 2001, No. 183-IIQD; 12 October, 2001, No. 195-IIQD; 19 April, 2002, No. 306-IIQD; 26 April, 2002, No. 313-IIQD; April 21, 2006, No. 100-IIIQD; 16 June, 2007, No. 389-IIIQD; 6 November, 2007, No. 480-IIIQD; 13 June, 2008, No. 648-IIIQD; June 24, 2008, No. 658-IIIQD; 30 June, 2009, No. 858-IIIQD; 1 February, 2010, No. 951-IIIQD; 5 March, 2013, No. 582-IVQD; 17 October, 2014, No. 1056-IVQD; 3 April, 2015, No. 1253-IVQD; 29 December, 2015, No. 89-VQD; 30 December, 2016, No. 483-VQD; 30 November, 2018, No. 1370-VQD; 19 May, 2020, No. 108-VIQD .

Unofficial translation