Law of the Republic of Azerbaijan On the Control of Illicit Trafficking in Narcotic Drugs, Psychotropic Substances, and Precursors
This Law defines public relations arising in connection with illicit trafficking in narcotic drugs, psychotropic substances and precursors, and establishes the rights and obligations of competent state authorities, physical and legal entities.
Chapter I: Basic provisions
Article 1: Main definitions
1.0. The following definitions are used in the present Law:
1.0.1. Narcotic drugs are the drugs classified as such by the 1961 UN Convention «On psychotropic substances», the 1971 UN Convention «On psychotropic substances», the 1988 Convention «On the fight against illicit trafficking in narcotic drugs and psychotropic substances», as well as the synthetic and natural substances classified by law in the Republic of Azerbaijan, including plants containing narcotic substances;
1.0.2. Psychotropic substances are the drugs classified as such by the 1971 UN Convention «On psychotropic substances», the 1988 Convention «On the fight against illicit trafficking in narcotic drugs and psychotropic substances», as well as the synthetic and natural substances classified by law in the Republic of Azerbaijan;
1.0.3. Precursors are chemical substances and their salts used for the purpose of producing narcotic drugs and psychotropic substances, and any chemical substances and their salts assigned by law in the Republic of Azerbaijan to the above-mentioned categories, the import, export, transit transportation and production requires a license (special permit);
1.0.4. Trade in narcotic drugs, psychotropic substances and precursors is the import into the Republic of Azerbaijan, export from the Republic of Azerbaijan or transit transportation of narcotic drugs, psychotropic substances and precursors, trade in which is controlled, restricted or prohibited (in what follows the word «controlled» will be used) under procedures established by law in the Republic of Azerbaijan, and also the storage, procurement, distribution, transport, consignment, destruction, or use of such narcotic drugs, psychotropic substances and precursors, and the performance of other operations defined by law of the Republic of Azerbaijan in relation to them;
1.0.5. Illicit trafficking in narcotic drugs, psychotropic substances and precursors is any activities carried out with narcotic drugs, psychotropic substances and precursors in violation of the regulations established by law in the Republic of Azerbaijan;
1.0.6. Illicit cultivation of plants with narcotic properties is the planting, raising or growing of plants (their parts) with narcotic properties in violation of the regulations established by law in the Republic of Azerbaijan;
1.0.7. Illicit production of narcotic drugs and psychotropic substances is any activities, no matter how carried out, aimed at the direct manufacture of narcotic drugs and psychotropic substances, whether fit for use or not, i.e. at the production, processing and refinement of narcotic drugs and psychotropic substances or the production of narcotic drugs and psychotropic substances through the conversion of one narcotic drug or psychotropic substance to another narcotic drug or psychotropic substance, or at enhancing their effects, or growing plants with narcotic properties; further, any other activities aimed at producing narcotic drugs and psychotropic substances in violation of the regulations established by law in the Republic of Azerbaijan;
1.0.8. Illicit transport or consignment of narcotic drugs, psychotropic substances and precursors is all activities, no matter how carried out, which are in violation of the regulations established by law in the Republic of Azerbaijan and are aimed at changing the location of narcotic drugs, psychotropic substances and precursors, whether in the possession of the guilty party itself, or through the mails, or by some other means of transport, or in the possession of a person who is unaware of the presence of the narcotic drugs, psychotropic substances and precursors in the object which he is carrying, or by any other means;
1.0.9. Illicit procurement of narcotic drugs, psychotropic substances and precursors is all activities, however carried out, involving violation of the regulations established by law in the Republic of Azerbaijan, which are aimed at the purchase of narcotic drugs, psychotropic substances and precursors, their use as a gift or as a means of mutual gain, their exchange for other commodities and wares, or the appropriation or acquisition of them by any other means;
1.0.10. Illicit storage of narcotic drugs, psychotropic substances and precursors is all activities, no matter what their purpose, which are in violation of the regulations established by law in the Republic of Azerbaijan and are aimed at maintaining custody of narcotic drugs, psychotropic substances and precursors in the possession of the guilty party;
1.0.11. Illicit sale of narcotic drugs, psychotropic substances and precursors is actions in violation of the regulations established by law in the Republic of Azerbaijan which are aimed at the distribution of narcotic drugs, psychotropic substances and precursors, whatever the quantities involved, through barter or sale for profit;
1.0.12. Illicit introduction of narcotic drugs or psychotropic substances into the human body the introduction of narcotic drugs and psychotropic substances, by whatever means, into the body of another person against that person's will;
1.0.13. Illicit addition of narcotic drugs and psychotropic substances to food and drink the addition of narcotic drugs and psychotropic substances to foodstuffs, drinks or food without the knowledge of the user;
1.0.14. Illicit use of narcotic drugs and psychotropic substances is the consumption, in violation of the regulations established by law in the Republic of Azerbaijan, of narcotic drugs and psychotropic substances subject to control by law without sound medical reasons and without a doctor's prescription;
1.0.15. Toleration of or direct assistance in the illicit use of narcotic drugs and psychotropic substances by another person is the provision by any person, and also by persons in charge of institutions where large numbers of people gather or where space is made available for the use of the general public, of facilities, equipment or premises for the illegal use by another person of narcotic drugs and psychotropic substances as well as any form of direct assistance provided in connection with such use;
1.0.16. Instigation to illicit use of narcotic drugs or psycho- tropic substances is instigation by direct or indirect means to the use of narcotic drugs and psychotropic substances employing artistic, audiovisual and other productions, including the provision of computerized information;
1.0.17. Inducement to engage in the illicit use of narcotic drugs and psychotropic substances is the attraction by direct or indirect means (proposals, entertainment-related inducements etc.) of other persons, without regard to the result, to the illicit use of narcotic drugs and psychotropic substances;
1.0.18. Abuse of narcotic drugs and psychotropic substances is the consumption, in violation of the regulations established by law in the Republic of Azerbaijan, of narcotic drugs and psychotropic substances without due medical indication and without a doctor's prescription, which could lead to dependence on those narcotic drugs and psychotropic substances;
1.0.19. Drug addiction is a morbid state characterized by psychological and (or) physical dependence on narcotic drugs and psychotropic substances and caused by abuse of narcotic drugs and psychotropic substances leading to chronic intoxication;
1.0.20. Drug addict is a person who has lapsed into a state of psychological and physical dependence on narcotic drugs and psychotropic substances resulting from the abuse of such drugs and substances and who has been diagnosed as a «drug addict» by a medical institution specializing in drug abuse through a procedure established by law in the Republic of Azerbaijan;
1.0.21. Voluntary therapy is the treatment of a patient for drug addiction with his or her agreement or that of his or her legal representative, in a medical drug institution;
1.0.22. Compulsory therapy is enforced treatment in a specialized medical institution of an individual who has become subject to drug addiction, carried out in cases and under procedures established by law in the Republic of Azerbaijan.
Article 2: Legislation on the control of illicit trafficking in narcotic drugs, psychotropic substances and precursors
2.1. Legislation relating to the control of illicit trafficking in narcotic drugs, psychotropic substances and precursors includes international treaties to which the Republic of Azerbaijan subscribes, this Law, as well as other legislative acts of the Republic of Azerbaijan.
Should it emerge that there is a conflict between this Law and the international treaties to which the Republic of Azerbaijan subscribes, the provisions of the international treaties shall prevail.
Chapter II: Principles for regulating trade in narcotic drugs, psychotropic substances and precursors
Article 3: The purpose of trade in narcotic drugs and psychotropic substances
Trade in narcotic drugs and psychotropic substances on the territory of the Republic of Azerbaijan serves only medical needs, the requirements of science and prevention of crime.
Article 4: General rules governing the trade in narcotic drugs, psychotropic substances and precursors
The trade in narcotic drugs, psychotropic substances and precursors is allowed on the basis and in an order established by this Law and other legislative acts adopted in accordance with it.
Article 5: Trade in narcotic drugs, psychotropic substances and their precursors
5.1. With a view to regulating the trade in narcotic drugs, psychotropic substances and precursors subject to control in Azerbaijan, appropriate lists shall be drawn up by a competent body of executive authority in accordance with the international treaties to which Azerbaijan subscribes and decisions taken concerning the trade in narcotic drugs, psychotropic substances and precursors.
5.2. The cultivation and production of narcotic drugs and plants containing narcotic substances is prohibited on the territory of the Republic of Azerbaijan except in cases where they are required for the preparation of experimental samples of medical products.
5.3. Narcotic drugs required for medical purposes may be introduced into the Republic of Azerbaijan only by competent state authorities. The competent executive authority shall determine the amounts of narcotic drugs required annually within the country and trade in these drugs shall be limited to the amounts corresponding to this requirement. The import into Azerbaijan of narcotic drugs in amounts greater than those referred to above shall be permitted only in time of war or during a state of emergency or a natural calamity.
5.4. It is forbidden to advertise narcotics and psychotropic substances.
Chapter 6: Issue of permits and licenses(special permits) to engage in activity types relating to trade in narcotic drugs and psychotropic substances, import, export, transit transportation and production of their precursors
6.1. The activities of entities taking part in the trade in narcotic drugs, psychotropic substances and precursors shall be subject to special permits or licenses (special permits). A special permit must be issued by a competent body of executive authority in the Republic of Azerbaijan in accordance with the procedure established by legislation.
6.2. Notification regarding each permit or license (special permit) issued to organizations taking part in the trade in narcotic drugs, psychotropic substances and precursors, import, export, transit transportation and production of their precursors shall be sent immediately to the competent executive authority for inclusion in the national data bank covering the trade in narcotic drugs, psychotropic substances and precursors, import, export, transit transportation and production of their precursors. The notification in question must include the full name of the organization, the type of activity, the period for which the permit or license (special permit) is to be granted, the name of the narcotic drug, psychotropic substance or precursor to be used (in the Azerbaijani and Latin languages), its location and period of storage and other information required by law in the Republic of Azerbaijan.
6.3. Persons licensed to participate in the trade in narcotic drugs and psychotropic substances, import, export, transit transportation and production of their precursors must conduct all relevant operations with a counterpart possessing the same permit or license (special permit) to take part in this type of activity. Violations of this rule shall incur sanctions as specified in the relevant legislation of the Republic of Azerbaijan.
6.4. The experimental production of narcotic drugs and psychotropic substances is carried out only by the competent state authorities. Every new narcotic drug and psychotropic substance produced shall be reported to the competent executive authority of the Republic of Azerbaijan. This report shall be passed on within 10 days by the competent executive authority to the relevant international organizations.
Article 7: Duties of the competent state bodies relating to the trade in narcotic drugs and psychotropic substances, import, export, transit transportation and production of their precursors
7.1. For the purposes of regulating the trade in narcotic drugs and psychotropic substances, import, export, transit transportation and production of their precursors, the competent executive authority of the Republic of Azerbaijan shall:
7.1.1. Establish separate lists of narcotic drugs and psychotropic substances, trade in which is prohibited, restricted or controlled on the territory of the Republic of Azerbaijan, as well as precursors the import, export, transit transportation and production of which on the territory of the Republic of Azerbaijan requires a license (special permit);
7.1.2. Define, on the basis of this Law, procedures for the storage, purchase, sale, procurement, distribution, release, transport, consignment and use of narcotic drugs, psychotropic substances and precursors, and also for the compilation and storage of documents relating to the trade in narcotic drugs, psychotropic substances and precursors, and for the conduct of all other operations required by law in connection with the drug trade;
7.1.2-1. Define the rules for the receipt, storage, sale, purchase, distribution, release, transportation, supply of precursors, the import into the territory of the Republic of Azerbaijan, export, transit transportation and production of which requires a license, and their use;
7.1.3. Define procedures for the experimental production of narcotic drugs and psychotropic substances and designate the state bodies to be employed in this activity;
7.1.4. Define procedures for the utilization of narcotic drugs, psychotropic substances and their precursors confiscated from illicit trafficking, as well as the use of narcotic drugs stipulated for liquidation in training for search of narcotic drugs carried out by cynological services of the relevant executive power authorities in accordance with legislation of the Republic of Azerbaijan;
7.1.5. Organize a national data bank covering the trade in narcotic drugs, psychotropic substances and precursors;
7.1.6. Organize a national data bank covering the trade in narcotic drugs, psychotropic substances and import, export, transit transportation and production of their precursors, and also persons taking part in illicit trafficking in narcotic drugs and psychotropic substances, including drug addicts, defining procedures for the provision of information to this data bank and the acquisition of information from it;
7.1.7. Define procedures and conditions for the use of narcotic drugs and psychotropic substances in medicine, and also procedures for the medical care of drug patients;
7.1.8. Define procedures for the medical utilization of narcotic drugs and psychotropic substances confiscated from illicit trafficking operations in accordance with legislation of the Republic of Azerbaijan, which it would be inappropriate to destroy because they are in the form of medical products and can be used for medical purposes;
7.1.9. Prepare an appropriate state program specifying the goals, objectives and directions of activity, including the material resources and their sources required for the campaign against the illicit trade in narcotic drugs, psychotropic substances, illicit import, export, transit transportation and production of their precursors, and the spread of drug addiction.
7.2. The lists referred to in Article 7.1.1 of this, and also the state program stipulated under Article 7.1.9 above shall be subject to confirmation by a law of the Republic of Azerbaijan.
Article 8: Principles for the establishment of a national data bank on trade in narcotic drugs and psychotropic substances, import, export, transit transportation and production of precursors
8.1. A national data bank is being established in the Republic of Azerbaijan on trade in narcotic drugs and psychotropic substances, import, export, transit transportation and production of precursors, including the illicit trafficking in narcotic drugs and psychotropic substances, import, export, transit transportation and production of precursors. Related data shall be introduced to the data bank.
8.2. The national data bank consists of four sections:
8.2.1. A section containing information on the legal trade in narcotic drugs and psychotropic substances, import, export, transit transportation and production of precursors and on the persons participating in that trade;
8.2.2. A section containing information on illicit trafficking in narcotic drugs and psychotropic substances, import, export, transit transportation and production of precursors and on persons participating in such trafficking;
8.2.3. A section containing information on persons who have become drug addicts and who abuse narcotic drugs and psychotropic substances;
8.2.4. A section containing information on the source of narcotic drugs, psychotropic substances and their precursors, revealed in illicit trafficking.
8.3. The medical institution, conducting registration of people suffering from drug addiction, enters into the national data bank only the information reflecting quantitative indicators with respect to such persons, as well as other persons abusing narcotic drugs and psychotropic substances.
Article 9: Establishment of the national information center on abuse of narcotic drugs and psychotropic substances
9.1. The national information center on trade in narcotic drugs and psychotropic substances is being established in the Republic of Azerbaijan.
9.2. The key objective of the national information center is to create a summary of objective information, which does not represent a secret of private life, with regard to trade in narcotic drugs and psychotropic substances.
9.3. The national information center reflects the following information:
9.3.1. on the use of narcotic drugs and psychotropic substances in non-medical and medical purposes, their medical, economic and other results;
9.3.2. on illicit trafficking in narcotic drugs and psychotropic substances and its results;
9.3.3. on medical and non-medical demand for narcotic drugs and psychotropic substances;
9.3.4. on the damage that can be caused to people and society by narcotic drugs and psychotropic substances, and measures aiming to reduce their supply for non-medical purposes;
9.3.5. information on treatment and rehabilitation of persons suffering from drug addiction, which does not represent a secret of private life;
9.3.6. on measures being carried out by nongovernmental organizations in the area of fighting against the spread of narcotic drugs and psychotropic substances;
9.3.7. on the results of epidemiological researches on narcotic drugs and psychotropic substances being conducted in the country and assessment of the existing epidemiological status in the country;
9.3.8. information covering the state policy on narcotic drugs and issues of normative and legal regulation.
Chapter III: Use of narcotic drugs, psychotropic substances and their precursors
Article 10: Use of narcotic drugs, psychotropic substances and their precursors for medical purposes
10.1. During the treatment of persons suffering from drug addiction, the application of narcotic drugs and psychotropic substances the trade in which is restricted and is under control is allowed only in relevant state medical institutions.
10.2. The application of two parallel and substitutive treatment programs in one residential settlement is prohibited, as well as the application of substitutive treatment programs in medical drug rehabilitation centers without an in-patient section.
10.3. Information on every patient accepted into programs of substitutive treatment is submitted to a competent body of executive authority of the Republic of Azerbaijan within a three-day period.
10.4. The conditions and rules for the application of substitutive treatment programs used in the treatment of people suffering from drug addiction are established by a competent body of executive authority of the Republic of Azerbaijan.
Article 11: Use of narcotic drugs and psychotropic substances for the treatment of transit passengers
11.1. A sick person passing in transit through the territory of the Republic of Azerbaijan may carry narcotic drugs and psychotropic substances for medical treatment purposes in an order and within the limits of use as established by a competent body of executive authority of the Republic of Azerbaijan.
11.2. If the person stipulated under Article 11.1 of the present Law experiences additional need for narcotic drugs and psychotropic substances for continuation of treatment, such a need is addressed in an order established by a competent body of executive authority of the Republic of Azerbaijan.
Article 12: Use of narcotic drugs and psychotropic substances for veterinarian purposes
The list of narcotic drugs and psychotropic substances required for veterinarian purposes, and the rules for using them are established by a competent body of executive authority of the Republic of Azerbaijan.
Article 13: Use of narcotic drugs and psychotropic substances for scientific and training purposes
13.1 The use of narcotic drugs and psychotropic substances for academic and educational purposes is carried out in an order established by a competent body of executive authority of the Republic of Azerbaijan only on the basis of permission.
13.2. Use of narcotic drugs intended for liquidation in accordance with the laws of the Republic of Azerbaijan in training for search of narcotic drugs held by cynological services of the relevant executive power authorities shall be performed in an order stipulated by the relevant executive power authority of the Republic of Azerbaijan.
Article 14: Use of narcotic drugs and psychotropic substances and their precursors in expert activity
The use of narcotic drugs and psychotropic substances and their precursors for the purposes of conducting expertise is carried out in an order established by legislation of the Republic of Azerbaijan.
Article 15: Use of narcotic drugs and psychotropic substances and their precursors in criminal search activity
The use of narcotic drugs and psychotropic substances and their precursors in criminal search activity is carried out in an order established by the Law of the Republic of Azerbaijan "On operational and investigation activity".
Article 16: Release of narcotic drugs and psychotropic substances to physical entities
The release of narcotic drugs and psychotropic substances to physical entities for medical purposes is carried out from pharmacies and medical institutions possessing a license (special permit) to engage in such activity.
Article 17: Report on trade in narcotic drugs and psychotropic substances and the activity relating to import, export, transit transportation and production of precursors
The persons receiving the permission or license (special permit) to engage in activity relating to the trade in narcotic drugs and psychotropic substances, import, export, transit transportation and production of their precursors submit a report on their activity to an appropriate body of executive authority of the Republic of Azerbaijan possessing such authority in an order established by legislation of the Republic of Azerbaijan.
Article 18: Inventory of narcotic drugs and psychotropic substances
18.1. The persons receiving permission for trade in narcotic drugs and psychotropic substances must conduct monthly inventory of narcotic drugs and psychotropic substances in their disposal, prepare a balance-sheet of goods and other material values.
18.2. If a difference is discovered in the balance-sheet, or a discrepancy between figures in the balance-sheet and the results of the inventory, the persons who have received the license must inform a competent body of executive authority of the Republic of Azerbaijan within three days.
18.3. All changes on the quantity and condition of narcotic drugs and psychotropic substances are promptly recorded in a special journal. The order for keeping and storing such journals is established by an appropriate body of executive authority of the Republic of Azerbaijan.
Chapter IV: Measures on fighting illicit trafficking in narcotic drugs and psychotropic substances, and illicit import, export, transit transportation and production of their precursors
Article 19: Measures on fighting illicit trafficking in narcotic drugs and psychotropic substances, and illicit import, export, transit transportation and production of their precursors
19.1. When conducting Measures on fighting illicit trafficking in narcotic drugs and psychotropic substances, and illicit import, export, transit transportation and production of their precursors, preference is given to activities aimed at prevention of offences relating to the illicit trafficking in narcotic drugs and psychotropic substances, import, export, transit transportation and production of their precursors.
19.2. With a view to preventing illicit trafficking in narcotic drugs and psychotropic substances, the illicit import, export, transit transportation and production of their precursors, it is essential:
19.2.1. To identify and prevent ways and means of engaging in illicit trafficking in narcotic drugs and psychotropic substances, the illicit import, export, transit transportation and production of their precursors;
19.2.2. To identify and prosecute persons who take part in illicit trafficking in narcotic drugs and psychotropic substances, the illicit import, export, transit transportation and production of their precursors;
19.2.3. The competent body of executive authority of the Republic of Azerbaijan may establish specialized units on fighting illicit trafficking in narcotic drugs and psychotropic substances, the illicit import, export, transit transportation and production of their precursors;
19.2.4. To obtain factual information on the production, supply and storage of narcotic drugs, psychotropic substances and precursors and to take appropriate measures established by legislation of the Republic of Azerbaijan;
19.2.5. To find and destroy illegal plantations of crops having narcotic properties;
19.2.6. To carry out such measures as are needed to prevent drug addiction, to cure drug addicts and return them to normal life and to eliminate the causes underlying the spread of drug addiction;
19.2.7. To arrange for publication in the mass media of information on the steps being taken to control illegal trafficking in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of precursors, and on the results obtained with those measures;
19.2.8. To introduce measures favoring the development of international cooperation in the control of illicit trafficking in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of precursors.
Article 20: Restrictions imposed on persons who have taken part in illicit trafficking in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors
20.1. Restrictions related to illicit trafficking in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors may be imposed in the following cases:
20.1.1. if a person is suffering from drug addiction;
20.1.2. if a person has committed an abuse of narcotic drugs, psychotropic substances and precursors;
20.1.3. if persons have taken part in illicit trafficking in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors.
20.2. People who have taken part or been convicted for illicit trafficking in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors may not be admitted to professions connected with the trade in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors, and may not be engaged for work in institutions, enterprises and organizations, whatever their status as regards property or ownership, that are involved in the trade in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors.
20.3. In order to protect the rights and legitimate interests of the population and the safety of the state, restrictions are imposed in accordance with procedures established by law in the Republic of Azerbaijan on the employment of drug addicts in specific types of professional activities and also in activities involving dangerous materials or facilities. A list of such professions and employments is to be established by the competent executive authority in the Republic of Azerbaijan.
20.4. When hiring person to work associated with certain types of professional activity and activity involving high risks, these persons shall, at least once a year, pass medical examination (medical certification) at an appropriate state narcological institution. The rules for such persons to pass medical examination (medical certification) are to be established by the competent body of executive authority in the Republic of Azerbaijan.
Article 21. The amount of narcotic drugs, psychotropic substances, as well as their precursors and plants (their parts) with narcotic substances in the composition, cultivated illegally
21.1. The personal consumption dose shall be defined separately for each individual narcotic drug or psychotropic substance on the basis of the quantity which an individual user might reasonably be expected to consume on a single occasion. The personal consumption dose shall be defined separately for narcotic drugs and psychotropic substances in the pure and mixed states.
21.2. In order to identify persons engaged in illicit trafficking in narcotic drugs and psychotropic substances for personal profit and to prosecute such persons in the manner prescribed by law in the Republic of Azerbaijan, and also in order to distinguish between such persons and those who suffer from drug addiction, a dose of narcotic drugs and psychotropic substances for personal consumption (personal consumption dose) must be defined.
21.3. The amount of narcotic drugs and psychotropic substances in excess of the amount for personal use, and their total amount, sufficient to bring the person to criminal responsibility, including large and total amount of precursors and plants (their parts) with narcotic substances, cultivated illegally, is established by the relevant law.
Article 22: Measures under administrative law to combat offences connected with illicit trafficking in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors
22.1. The administrative responsibility established by this Law for offences involving narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors shall be incurred in cases stipulated under legislation of the Republic of Azerbaijan on administrative offences.
22.2. The administrative responsibility established by this Law for offences involving precursors and equipment designed for the manufacture thereof shall be incurred only in cases where they are used in connection with illicit trafficking in narcotic drugs and psychotropic substances or where such use is intended.
22.3. When a person who has received medical treatment for abuse of narcotic drugs and psychotropic substances or a drug addict is charged under the relevant provisions of administrative law in connection with illicit trafficking in narcotic drugs, psychotropic substances and precursors, the institution where that person received treatment is to be informed of the charges.
Article 23: Measures under criminal law connected with illicit trafficking in narcotic drugs, psychotropic substances and illicit import, export, transit transportation and production of their precursors
23.1. The criminal responsibility established by this Law in respect of illicit activities involving narcotic drugs and psychotropic substances shall be incurred in cases stipulated under legislation of the Republic of Azerbaijan on criminal offences.
23.2. When a person who has undergone treatment for the abuse of narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors or a drug addict is prosecuted for a criminal offence involving illicit trafficking in narcotic drugs, psychotropic substances and precursors, the institution where that person was treated shall be informed of the prosecution.
Chapter V: Measures for the investigation and detection of offences connected with illicit trafficking in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors
Article 24: Measures for the investigation and detection of offences connected with illicit trafficking in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors
The competent executive authorities of the Republic of Azerbaijan which are responsible for the control of illicit trafficking in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors are entitled, under the procedures established by law for criminal investigation work in the Republic of Azerbaijan, to dispatch and control consignments, to monitor goods consigned and the mails, to receive narcotic drugs and psychotropic substances for monitoring purposes, and to resort to such other operational and investigative procedures as are established by law.
Article 25: Medical examination
25.1. Medical examinations is carried out in accordance with the procedures established by law in the Republic of Azerbaijan exclusively for the purpose of determining a person's state of narcotic intoxication and detecting cases in which narcotic drugs and psychotropic substances are being used or are being concealed within a human body. A person who can reasonably be suspected of being in a state of narcotic intoxication or concealing narcotic drugs and psychotropic substances within his or her body, or on whose person narcotic drugs and psychotropic substances are found, undergoes a medical examination in accordance with the procedures established by law in the Republic of Azerbaijan. Such medical examinations are carried out in specialized drug clinics, whatever their status as regards property or ownership.
25.2. The medical examination is carried out only by a physician who is a drug specialist or, in the absence of the drug specialist by a paramedic, in accordance with regulations established by law in the Republic of Azerbaijan. The decision by which a person is committed for medical examination must indicate whether that person is in a state of narcotic intoxication or not, as well as the type and quantity of the narcotic drugs and psychotropic substances found in the person's body and the time over which those were used.
25.3. The procedures for carrying out medical examinations shall be determined by the competent executive authority of the Republic of Azerbaijan.
Article 26: Compulsory treatment of drug addicts
26.1. Drug addicts who have committed a criminal offence shall be subject to compulsory treatment in accordance with procedures established by law in the Republic of Azerbaijan.
Compulsory therapeutic measures for a drug addict shall be ordered by a court only in connection with the sanctions applied for the offence committed and in accordance with procedures established by law in the Republic of Azerbaijan. Along with their sentence of imprisonment, persons subjected to compulsory therapeutic measures shall be treated during the period of their sentence and, where necessary, in specialized drug clinics after their release from confinement. Medical methods used in the application of compulsory treatment must not in any way differ from those applied to persons seeking treatment voluntarily, and must be based on latest achievements of the medical science. The procedures for keeping and treating imprisoned people who are receiving compulsory treatment are to be established by legislation of the Republic of Azerbaijan.
26.2. Persons who, along with being sentenced to imprisonment, are subjected to compulsory therapeutic measures shall be treated for the duration of their confinement in accordance with legislation of the Republic of Azerbaijan.
26.3. Persons who, along with being subjected to a punishment not envisaging imprisonment, are subjected to compulsory therapeutic measures shall receive in- or out-patient treatment in specialized medical institution established under an appropriate body of executive authority of the Republic of Azerbaijan. The conditions and rules for compulsory treatment at the specialized medical institution are to be established by an appropriate body of executive authority of the Republic of Azerbaijan. Compliance with the court's decision on compulsory treatment in a specialized medical institution of persons who, along with being convicted to punishment, not involving deprivation of liberty, are subjected to compulsory medical measures in connection with the treatment of alcoholism or drug addiction, is controlled by an executive officer.
26.3-1. In the application of penalty in the form of administrative detention to persons who have committed administrative offense, stipulating administrative detention and being in need of treatment for drug addiction, the court appoints compulsory treatment in accordance with the procedure established by the Code of Administrative Offences.
26.4. The persons suffering from drug addiction who have not committed crime or administrative offence, envisaging administrative detention, but have, by their behavior and actions, repeatedly caused material and moral damage to close relatives, had an adverse impact on the upbringing of children, flagrantly violated their human rights, repeatedly rejected suggestions on voluntary treatment, are subject to compulsory treatment in accordance with the Civil Procedure Code of of the Republic of Azerbaijan.
26.5. The treatment of persons with disabilities, including children under the age of 18 with physical handicaps, pregnant women and nursing mothers, men over 60 years of age and women over 55, and also persons having certain illnesses listed by the competent executive authority of the Republic of Azerbaijan, shall be carried out in accordance with regulations established by the competent executive authority of the Republic of Azerbaijan.
26.6. The sending of persons suffering from drug addiction for compulsory treatment is carried out in an order established by the Civil Procedure Code of the Republic of Azerbaijan, Code of Administrative Offences of the Republic of Azerbaijan, the Criminal Code of the Republic of Azerbaijan, the Code of Criminal Procedure of the Republic of Azerbaijan and the Code of the Republic of Azerbaijan "On execution of punishment".
Article 27: Early release from compulsory treatment for drug addiction of people receiving treatment at a specialized drug rehabilitation institution
27.1. A drug addict persons undergoing compulsory medical treatment for drug addiction in a specialized institution are released from compulsory treatment prematurely in the following cases:
27.1.1. if the person suffers a severe illness that makes it impossible for him to remain in that clinic;
27.1.2. If, in the opinion of the drug clinic, the need for further treatment of drug addiction no longer exists at least six months after the beginning of treatment for drug addiction;
27.2. Early release of persons receiving compulsory treatment from specialized drug rehabilitation institutions is carried out on the basis of a decision of the local court, taking into account presentation and conclusion of the medical-advisory commission of the said institution.
Article 28: Extension of the period of compulsory treatment for drug addiction of people receiving treatment at a specialized drug rehabilitation institution
If a drug addict undergoing compulsory treatment in a drug clinic regularly violates the therapeutic regime applied and the treatment for that reason fails to give positive results, on the basis of the court decision in accordance with the Civil Procedure Code of the Republic of Azerbaijan, the Code of the Republic of Azerbaijan on Administrative Offences and the Criminal Procedure Code of the Republic of Azerbaijan, the period of compulsory therapy of such persons may be extended.
Article 29: Investigative activities connected with illicit trafficking in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors
In order to detect offences connected with illicit trafficking in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors, investigative activities are conducted in accordance with Article 24 of the present Law.
Article 30: Control consignments of narcotic drugs, psychotropic substances and precursors
30.1. Control consignments of narcotic drugs, psychotropic substances and precursors, as defined in the regulations established by law in the Republic of Azerbaijan, involve the transport, shipment or change of place by some other means on the territory of the Republic of Azerbaijan of illicit narcotic drugs, psychotropic substances and precursors, or of such materials giving rise to a suspicion of illegality, under the control of the competent executive authorities of the Republic of Azerbaijan who are empowered to carry out investigations in connection with the campaign against illicit trafficking in narcotic drugs, psychotropic substances and precursors.
30.2. Control consignments of narcotic drugs, psychotropic substances and precursors may be carried out only for the purposes of prevention and detection of offences involving illicit trafficking in narcotic drugs, psychotropic substances and precursors already committed or being planned by organized criminal groups (criminal organization), identification of the persons responsible for these offences and prosecution of them.
30.3. Decisions to carry out control consignments are taken only by the competent executive authorities of the Republic of Azerbaijan who are empowered to carry out investigations in connection with the campaign against illicit trafficking in narcotic drugs, psychotropic substances and precursors. Such decisions must contain information on the source and quantity of the narcotic drugs, psychotropic substances and precursors used.
30.4. The competent executive authorities of the Republic of Azerbaijan who are empowered to take decisions regarding control consignments shall maintain direct control over the conduct of such operations on the territory of the Republic of Azerbaijan.
Article 31: Procurement of narcotic drugs, psychotropic substances and precursors considered to be illicit for control purposes
In order to gather evidence on criminal activities involving illicit trafficking in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors, members of the competent executive authority of the Republic of Azerbaijan shall be entitled to procure narcotic drugs, psychotropic substances and precursors for control purposes in accordance with the Law of the Republic of Azerbaijan «On investigative activity».
Article 32: Confiscation
32.1. Narcotic drugs, psychotropic substances and precursors involved in illicit trafficking, and also the instruments and equipment used for the illicit production of such materials, as well as property and financial means used for illicit trafficking in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors, or obtained through such trafficking, shall be subject to activities in the manner established by law in the Republic of Azerbaijan.
32.2. The destruction of narcotic drugs, psychotropic substances and precursors retained in storage as material evidence or confiscated shall be carried out by a commission consisting solely of representatives of the competent court authorities, the office of the public prosecutor of the Republic of Azerbaijan and the competent executive authority of the Republic of Azerbaijan in the manner established by law in the Republic of Azerbaijan.
32.3. The wealth yielded by property confiscated as a result of the application of provisions of the criminal law in connection with illicit trafficking in narcotic drugs and psychotropic substances, illicit import, export, transit transportation and production of their precursors, and transferred to the State shall be used only for the treatment of drug addiction and the curing and social rehabilitation of persons who have fallen victim to drug addiction.
Chapter VI: Final provisions
Article 33: Entry into force
33.1. The present law shall enter into force upon promulgation.
33.2. From the date of entry into force of the present Law, the law of the Republic of Azerbaijan «On fighting illicit trafficking in narcotic drugs, psychotropic substances and their precursors» dated 18 June 1999 shall become null and void.
President of the Republic of Azerbaijan
Ilham ALIYEV
Baku city, 28 June 2005
No. 959-IIQ
Published in Azerbaijan Newspaper (23 August 2005, No. 194).
Published in the Collection of Laws of the Republic of Azerbaijan (31 August 2005, No. 8, Article 695).
With amendments under Laws dated 17 April 2007, No. 316-IIIQD; 1 October 2007, No. 418-IIIQD; 9 October 2007, No. 429-IIIQD; 13 June 2008, No. 648-IIIQD; 30 December 2008, No. 753-IIIQD; 28 October 2014, No. 1101-IVQD; 6 October 2015, No. 1366-IVQD; 17 May, 2016, No. 249-VQD; 29 November, 2016, No. 420-VQD; 17 November, 2017, No. 879-VQD; 1 May, 2018, No. 1118-VQD; 22 October, 2019, No. 1684-VQD; 19 May, 2020, No. 111-VIQD.
Unofficial translation