As is known, new regulations are coming in Azerbaijan regarding the international recognition and enforcement of court decisions on alimony. According to the new amendments submitted for discussion in the National Assembly, appendices made to conventions on legal assistance in civil, family and criminal cases particularly aim to make the enforcement of alimony decisions concerning minors in other countries more accessible and effective.
What is the legal essence of this decision? After the new amendments, will alimony decisions issued in Azerbaijan be automatically recognized abroad, or will additional procedures remain?
Medianews.az reports that legal expert Ramil Suleymanov spoke to Musavat.com on the topic:
"According to international conventions, states that have signed those conventions are offered a mechanism where states must absolutely provide mutual assistance in matters related to alimony. That is, if a person who must pay alimony or enforce a court decision is officially identified in a certain state’s territory, that state supports the other party, calculates the citizen’s income, and makes certain withholdings to transfer those funds to the other state. This issue is not limited only to alimony payments. At the same time, debts, bank obligations, and other financial matters can also be included in this mechanism. However, the priority direction is specifically alimony payments. For example, if an Azerbaijani citizen is officially working in Poland and has been granted a work permit by the Polish government and receives a monthly salary of 1000 euros, during that period the relevant Polish authorities, especially those executing court enforcement, can withhold a certain percentage from his/her salary and transfer this amount to Azerbaijan. The transferred amount is then directed by the Azerbaijani enforcement service to the bank account of the person entitled to receive alimony, i.e., the woman. I believe this is a sufficiently positive and effective change.
Overall, such mutual legal and institutional cooperation between states should be applauded. At the same time, it is very important and purposeful for national legislation to carry out reforms in this direction and harmonize with international mechanisms.".