What will be the fate of Abil Zeynalov?
He went to Russia 26 years ago, because he was registered as “dead”. To Azerbaijan What happened to Abil Zeynalov, who could not return, has been the cause of great discussion for several days.
Born in 1955, who applied to “Qafqazinfo”, Guba The situation faced by Abil Zeynalov, who was born in Rustov village of the district, revealed an interesting situation from a legal point of view. Although he is currently registered as “dead” and his property has been sold, although he cannot return to the country, he has a number of rights and To Azerbaijan may initiate legal proceedings upon return.
He made a statement to “Qafqazinfo” about Malasa attorney Khayal Feyzullayev about any person for many years news if not, it is possible to register him as a dead person according to the law:
“According to Article 41 of the Civil Code, if there is no information about a person’s whereabouts at his place of residence for five years, as well as if he is in danger of death or due to some unfortunate event perished if he goes missing without notice under circumstances that give reason to assume that he is and within six months thereof news if not, he court can be duly declared dead. About declaring a person dead court the day his decision becomes legally effective is considered the day of his death.
Also, Article 42 of the Code reflects the rights of a person declared dead upon his return. So when the person declared dead arrives or his whereabouts are discovered court the decision to declare him dead cancellation does. From the information provided by Abil Zeynalov, it appears that his wife applied to the court based on the fact that he died in 2011 and received a resolution to declare him dead. That person To Azerbaijan so that he can return Azerbaijan He should apply to the diplomatic representation of the Republic located in that country, that is, the embassy or consulate, and if he has a document confirming his identity, he should present it and state who he is, and Azerbaijan He must get a passport to return to his country. After that, he or through his representative on the basis of a power of attorney, officially obtains that resolution and cancels it complaint can give Resolution on declaring that person dead cancellation can demand the return of the remaining part of his property given to another person free of charge”.
Lawyer added that the complainant can get his property back in the near future: “That person can apply to the court for compensation of material and moral damage caused to his ex-wife. In all cases, the circumstances on which the ex-wife demanded that the person be considered dead and the evidence provided should be investigated in detail.”
It should be noted that after Abil Zeynalov’s application to “Qafqazinfo”, a small investigation was conducted by our employee, and it was found that the Ministry of Justice’s death certificate of A. Zeynalov Guba of the district registration office chief Kamran Ibrahimov signed. He said that the death certificate was prepared based on the court’s decision: “About Zeynalov Abil Hajibaba oglu.” 10 in October 2011 Russia In 2012, the fact of death was determined based on the court decision regarding his death in the Federation. We did not work there in those years and there is no information about it. However, when we look at the root of the documents, we find that there is also a determination of legal facts in the legislation. In other words, they applied to the court and determined the fact of death, and based on that they applied to the registry office. After that, they opened a death certificate. Death registration is still available, cancellation has not been done. In this regard, the citizen should apply to the court. In addition, he can apply to our embassy and consulate. By sending a power of attorney, he can cancel the resolution in the court. In other words, it is stipulated in the legislation that if there is a person who is missing or has died, if that person comes, the mentioned court resolution should be annulled.”
