Mobilized citizens can have credit benefits

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- Akram bey, in connection with the liberation of the occupied territories of Azerbaijan, a partial mobilization has been announced in the country. People are drafted into the army. In this case, according to Azerbaijani legislation, are they entitled to any privileges?

- The privilege is that the mobilized citizen continues to receive wages and even vacation pay. In accordance with Article 19 of the Law "On Martial Law" on Ensuring the Rights and Freedoms of Legal Entities and Individuals During Martial Law ", employees of departments, enterprises and organizations, regardless of their property and organizational-legal form, mobilized for defense needs, are paid compensation for payment labor and unused leave in accordance with the Labor Code.

On the other hand, it is natural that the conscription of a citizen for military service is force majeure in terms of the fulfillment of any of his civil obligations (Articles 552 of the Civil Code and others). That is, if a citizen must or must perform some kind of work or service, these obligations are temporarily frozen. Naturally, if the said obligation cannot really be fulfilled. For example, if a person continues to receive a salary, as before, then there are no obstacles to fulfilling a monetary obligation.

- Most of those mobilized worked, earned money, supported their families, paid off loans, etc. Now they are deprived of this opportunity. True, as you said, their salary will be paid. However, it should be borne in mind that among them there are those who are engaged in individual entrepreneurship, work based on a service contract. How will their obligations to banks, organizations, to families be resolved in accordance with the law?

   - As I noted, only those who work under an employment contract continue to receive their salaries, as before. In other cases listed by you, the payment of the debt is impossible due to force majeure circumstances. In this case, the debt must be frozen and no additional interest or penalty can be charged on it. After a person is demobilized, he must continue to pay off his debt. This rule applies not only to monetary obligations. For example, it is possible that a person is a master who made repairs in someone's apartment. Naturally, this is currently not possible. Therefore, there can be no talk of a violation of his obligations.

For example, several of my fellow lawyers were mobilized. Naturally, they cannot continue to run their business, so they are not responsible to their clients. In this case, they are replaced by other lawyers without payment. The Bar Association has released the attorneys involved in the mobilization from membership fees. The Bar Association will pay their families 500 manats a month. Moreover, there are such examples.

- Who should raise this issue? Why does not a single institution and MP raise these questions?

- Some deputies raised the issue. However, there are no specific proposals. In fact, the problem law does not require any changes. The statement of the Cabinet of Ministers would be enough. That is, for example, the prime minister could speak up and say that the debt should be withheld from salaries, and the debts of other persons should be frozen.

-What would you suggest yourself? What should be done in such situations to think about the social situation of people? What gaps need to be filled in legislation in relation to this issue?

- There are no serious gaps in the legislation. It is just that the structures are slow, and besides, they do not give any explanation. As I said, if the Prime Minister made a statement, that would be enough. Because you just need to explain the law. It is one thing when I speak; it is another thing when a third person in the country speaks.

At the same time, I believe that both credit organizations and retail chains in this case can forgive debts to mobilized citizens. Of course, the law does not require this. However, that would be a very good step. The state should not do everything! However, the state has a big load, huge expenses.