If the convict fails to pay the fine within the specified period, the amount will first be deducted from their salary.
Modern.az reports that the issue is reflected in the draft law on amendments to the Code on Execution of Punishments, which was discussed at today's plenary session of the Milli Majlis.
It was noted that, according to the current code, in cases where the fine is not paid by the convict within the specified period, the existing mechanism directs it first to the convict's privately owned property or share in common property, and only if there is no property or it is insufficient, then to their salary or other earnings.
Such regulation of the issue in legislation delays the enforcement process in practice, and it is observed that enforcement measures sometimes lead to results disproportionate to the amount of the fine. Particularly, the seizure of high-value property for relatively small fines and its sale through auction creates both a loss of time and additional procedural costs.
It was stated that the amendment was made with the aim of re-evaluating the priority sequence in the enforcement of fines, including directing the fine primarily to the convict's salary or other earnings, increasing the efficiency of the enforcement process, and minimizing the necessity of seizing and selling property that is not equivalent to the fine amount.
According to the amendment, if the convict fails to pay the fine within the specified period, the execution of the punishment in the form of a fine is carried out by the court that issued the judgment, by directing it to compulsory enforcement. In this case, the fine will first be directed to the convict's salary or other earnings.
If the convict has no salary or other earnings, or if the convict's salary or other earnings are insufficient to fully pay the fine, it is directed to the convict's privately owned property or share in common property, and in this case, the provisions of the law "On Enforcement" regarding the direction of the claim for the fine to the debtor's property will apply.
