Instructions on issuing references to persons about a conviction (no conviction)
1. These Instructions prepared in accordance with the laws of the Republic of Azerbaijan on Personal Data and on Right to Obtain Information and subparagraph 3.1.4 of the Regulations on the Ministry of Internal Affairs of the Republic of Azerbaijan approved by Decree No.518 dated 30 June 2011 of the President of the Republic of Azerbaijan regulate the procedure for issuing police clearance certificates to citizens of the Republic of Azerbaijan, foreigners who resides (or previously resided) in the territory of the country and stateless persons (hereinafter referred to as the Person).
2. Issue of police clearance certificates and receipt of related applicationsof citizens is carried out by the Main Directorate for Operational and Statistical Information, city and district police departments and stations as well as by the Ministry of Internal Affairs of the Nakhichevan Autonomous Republic.According to Decree No.706 dated 5 September 2012 of the President of the Republic of Azerbaijan police clearance certificates are also issued in the ASAN Service Centre by employees of the Ministry of Internal Affairs.
3. In accordance with Decree No.429 dated 23 May 2011 of the President of the Republic of Azerbaijan on Certain Measures in the field of Organization of Electronic Services of Public Authorities the procedure for receiving applications for issue of police clearance certificates is determined by the Administrative Rules for Receipt of Applications and Documents related to Police Clearance Certificates Issue approved by resolution No. Q59-001-12 dated 30 November 2012 of the Collegium of the Ministry of Internal Affairs of the Republic of Azerbaijan.
4. Police clearance certificates are issued directly on the basis of the application and ID document of the person. The following information shall be provided in the application:
4.1. full name of the applicant;
4.2. date and place of birth;
4.3. citizenship status and residential address;
4.4. series, number, date of issue and issuing agency of the ID Card.
5. Each physical person may obtain a police clearance certificate only for him(her)self.
6. If any person can’t address in person his(her), the application may be submitted by duly authorised representative against a power of attorney issued according to the legislation of the Republic of Azerbaijan.
7. Police clearance certificates shall be given to children of minority ageor persons in the custody or under guardianshipon the basis of applications submitted by their parents or other legal representatives duly appointed.
8. Any application not complying with the requirements of Clause 4 of these Instructions shall not be considered and relevant applicants will be givenofficialnoticewithreason.
9. If the applicant has previous convictions, an appropriate certificate will be issued taking into account Articles 81-83 and 92 of the Criminal Code of the Republic of Azerbaijan.
10. The following information shall be specified in the certificate concerning any unserved or unexpunged conviction:
10.1. full name of the person carrying out the check in respect of the applicant;
10.2. date of birth;
10.3. place of birth;
10.4. date of conviction and name of the sentencing court;
10.5. relevant article of the Criminal Code of the Republic of Azerbaijan (number and name);
10.6. term and type of sentence and the date and basis of release.
11. Certificate of criminal record (Annex No1) or police clearance certificate (Annex No.2) are issued only in the Azerbaijani language. Certificates signed by the chief are registered and authenticated by official seal.
12. The certificate is issued to the applicant or his(her) duly authorized representative.
13. Time period for consideration of an application is 1 (one) working day.
14. Time period for consideration of an application shall start from the date of receipt by the agency (ASAN Service Centre).
15. Citizens of the Republic of Azerbaijan not residing in the territory of the country, foreigners and stateless persons who previously resided in the country should address diplomatic missions or consulates of the Republic of Azerbaijan in foreign states in the order set forth in Clause 4 of these Instructions on the issue of police clearance certificates. Persons residing in countries where the Republic of Azerbaijan does not have diplomatic representations or consulates should apply to diplomatic missions or consulates of the Republic of Azerbaijan located in third countries. Such applications shall be sent to the Main Directorate for Operational and Statistical Information of MIA via the Consular Directorate of the Ministry of Foreign Affairs of the Republic of Azerbaijan and ready certificates after the appropriate check shall be submitted to the Ministry of Foreign Affairs.