Decree of the President of the Republic of Azerbaijan on the implementation of the Law No. 1197-VIQD dated June 28, 2024 of the Republic of Azerbaijan "On the circulation of narcotic drugs, psychotropic substances and their precursors" and in this regard the Decree of the President of the Republic of Azerbaijan on amending some decrees of the President of the Republic of Azerbaijan.
Taking into account clauses 19 and 32 of Article 109 of the Constitution of the Republic of Azerbaijan, and in connection with the entry into force of the Law of the Republic of Azerbaijan No. 1197-VIQD dated June 28, 2024, “On Amendments to the Law of the Republic of Azerbaijan on the Circulation of Narcotic Drugs, Psychotropic Substances and their Precursors”, I hereby decree:
1. It is hereby determined that:
1.1. The powers of the relevant executive authority, stipulated in the first and second sentences of Article 32.2 of the Law of the Republic of Azerbaijan “On the Circulation of Narcotic Drugs, Psychotropic Substances and their Precursors,” shall be exercised by the President of the Republic of Azerbaijan;
1.2. The term “organ (institution)” in the first sentence of Article 32.2 of the same law shall refer to the President of the Republic of Azerbaijan;
1.3. Based on the first sentence of Article 32.2 of the same law, the destruction of narcotic drugs, psychotropic substances, and their precursors seized or confiscated from illegal circulation shall be carried out by the following commissions:
1.3.1. The Commission for the Destruction of Large and Very Large Quantities of Narcotic Drugs, Psychotropic Substances, and their Precursors, formed by the State Commission for Combating Drug Addiction and Illegal Trafficking of Narcotic Drugs;
1.3.2. The Commission of the Nakhchivan Autonomous Republic for the Destruction of Large and Very Large Quantities of Narcotic Drugs, Psychotropic Substances, and their Precursors in the territory of the Nakhchivan Autonomous Republic, formed by the Cabinet of Ministers of the Nakhchivan Autonomous Republic;
1.3.3. District (city) commissions for the destruction of small and significant quantities of narcotic drugs, psychotropic substances, and their precursors, formed by local executive bodies;
1.4. The term “organ (institution)” in the second sentence of Article 32.2 of the same law shall refer to the following:
1.4.1. In relation to the Commission for the Destruction of Large and Very Large Quantities of Narcotic Drugs, Psychotropic Substances, and their Precursors, the Ministry of Internal Affairs of the Republic of Azerbaijan, the Ministry of Justice of the Republic of Azerbaijan, the Ministry of Health of the Republic of Azerbaijan, the State Customs Committee of the Republic of Azerbaijan, the State Security Service of the Republic of Azerbaijan, the State Border Service of the Republic of Azerbaijan, the Association for the Management of Territorial Medical Divisions, and the Working Group of the State Commission for Combating Drug Addiction and Illegal Trafficking of Narcotic Drugs, operating permanently;
1.4.2. In relation to the Commission of the Nakhchivan Autonomous Republic for the Destruction of Large and Very Large Quantities of Narcotic Drugs, Psychotropic Substances, and their Precursors in the territory of the Nakhchivan Autonomous Republic, the relevant bodies (organizations) and structural units in the territory of the Nakhchivan Autonomous Republic, exercising the powers within the scope of activities of the bodies (organizations) listed in sub-paragraph 1.4.1 of this Decree.
1.4.3. In relation to the district (city) commissions for the destruction of small and significant quantities of narcotic drugs, psychotropic substances, and their precursors, the relevant structural divisions of the Ministry of Internal Affairs of the Republic of Azerbaijan, the Ministry of Justice of the Republic of Azerbaijan, and the State Security Service of the Republic of Azerbaijan operating in districts (cities), as well as the bodies (structural units) exercising their powers in the territory of the Nakhchivan Autonomous Republic in the sphere of activities of these bodies, and the relevant medical institution under the jurisdiction of the Association for the Management of Territorial Medical Divisions (the Association for the Management of Medical Institutions of the Nakhchivan Autonomous Republic in the Nakhchivan Autonomous Republic) determined by it.
2. The Cabinet of Ministers of the Republic of Azerbaijan shall address the issues arising from the Law of the Republic of Azerbaijan No. 1197-VIQD dated June 28, 2024, “On Amendments to the Law of the Republic of Azerbaijan on the Circulation of Narcotic Drugs, Psychotropic Substances and their Precursors”.
3. The following amendments shall be made to the “Regulations on the State Commission for Combating Drug Addiction and Illegal Trafficking of Narcotic Drugs” approved by the Decree of the President of the Republic of Azerbaijan No. 546 dated January 27, 1997:
3.1. The sixth to eighth paragraphs of paragraph 3.1 shall be considered as the seventh to ninth paragraphs, respectively, and the following sixth paragraph shall be added:
”- monitors the activities of the commissions for the destruction of large and very large quantities of narcotic drugs, psychotropic substances, and their precursors, as well as the district (city) commissions for the destruction of small and significant quantities of narcotic drugs, psychotropic substances, and their precursors for the purpose of destroying narcotic drugs, psychotropic substances, and their precursors for which a decision on destruction has been made;”.
3.2. The words “, as well as internal orders and directives of the Commission, the execution of which is mandatory,” shall be added after the word “decisions” in the fifth paragraph of paragraph 5.1.
4. The following amendments shall be made to the Decree of the President of the Republic of Azerbaijan No. 578 dated May 22, 2007, “On Ensuring the Implementation of the Law of the Republic of Azerbaijan “On the Circulation of Narcotic Drugs, Psychotropic Substances and their Precursors” (Collection of Legislation of the Republic of Azerbaijan, 2007, No. 5, Article 460 (Volume I), Part 1):
4.1. Paragraph 1.1 shall be considered as paragraph 1.1-2, and in that paragraph, the words “the Law of the Republic of Azerbaijan “On the Circulation of Narcotic Drugs, Psychotropic Substances and their Precursors”” shall be replaced with the words “the same Law”;
4.2. The following paragraphs 1.1, 1.1-1, and 1.6 shall be added:
“1.1. The powers of the relevant executive authority stipulated in the first and second sentences of Article 32.2 of the Law of the Republic of Azerbaijan “On the Circulation of Narcotic Drugs, Psychotropic Substances and their Precursors” shall be exercised by the President of the Republic of Azerbaijan; 1.1-1. The term “organ (institution)” in the first sentence of Article 32.2 of the same law shall refer to the President of the Republic of Azerbaijan;”.
“1.6. The term “organ (institution)” in the second sentence of Article 32.2 of the same law shall refer to the following:
1.6.1. In relation to the Commission for the Destruction of Large and Very Large Quantities of Narcotic Drugs, Psychotropic Substances, and their Precursors, the Ministry of Internal Affairs of the Republic of Azerbaijan, the Ministry of Justice of the Republic of Azerbaijan, the Ministry of Health of the Republic of Azerbaijan, the State Customs Committee of the Republic of Azerbaijan, the State Security Service of the Republic of Azerbaijan, the State Border Service of the Republic of Azerbaijan, the Association for the Management of Territorial Medical Divisions, and the Working Group of the State Commission for Combating Drug Addiction and Illegal Trafficking of Narcotic Drugs, operating permanently;
1.6.2. In relation to the Commission of the Nakhchivan Autonomous Republic for the Destruction of Large and Very Large Quantities of Narcotic Drugs, Psychotropic Substances, and their Precursors in the territory of the Nakhchivan Autonomous Republic, the relevant bodies (organizations) and structural units in the territory of the Nakhchivan Autonomous Republic, exercising the powers within the scope of activities of the bodies (organizations) listed in sub-paragraph 1.6.1 of this Decree;
1.6.3. In relation to the district (city) commissions for the destruction of small and significant quantities of narcotic drugs, psychotropic substances, and their precursors, the relevant structural divisions of the Ministry of Internal Affairs of the Republic of Azerbaijan, the Ministry of Justice of the Republic of Azerbaijan, and the State Security Service of the Republic of Azerbaijan operating in districts (cities), as well as the bodies (structural units) exercising their powers in the territory of the Nakhchivan Autonomous Republic in the sphere of activities of these bodies, and the relevant medical institution under the jurisdiction of the Association for the Management of Territorial Medical Divisions (the Association for the Management of Medical Institutions of the Nakhchivan Autonomous Republic in the Nakhchivan Autonomous Republic) determined by it.”
4.3. Paragraph 1.5 shall be worded as follows:
1.5. Based on the first sentence of Article 32.2 of the same law, the destruction of narcotic drugs, psychotropic substances, and their precursors seized or confiscated from illegal circulation shall be carried out by the following commissions:
1.5.1. The Commission for the Destruction of Large and Very Large Quantities of Narcotic Drugs, Psychotropic Substances, and their Precursors, formed by the State Commission for Combating Drug Addiction and Illegal Trafficking of Narcotic Drugs;
1.5.2. The Commission of the Nakhchivan Autonomous Republic for the Destruction of Large and Very Large Quantities of Narcotic Drugs, Psychotropic Substances, and their Precursors in the territory of the Nakhchivan Autonomous Republic, formed by the Cabinet of Ministers of the Nakhchivan Autonomous Republic;
1.5.3. District (city) commissions for the destruction of small and significant quantities of narcotic drugs, psychotropic substances, and their precursors, formed by local executive bodies;”
Ilham Aliyev President of the Republic of Azerbaijan Baku, August 5, 2024
