Why does the official’s son not consider the court’s decision? |
Published this summer, “That’s how they bankrupted the entrepreneur – a million and a half SCANDAL” entrepreneur in the article Pomegranate We talked about the conflict between Garibov and the management of the “Azur” shopping center. Complaints to the police, prosecutor’s office, and court did not help to solve the problem. It was believed that an appeal to the media would help to find a mutually beneficial solution. But…
– Court the process is still ongoing, Pomegranate Garibov says. – But this time, not with the judges’ approach to your case, but with the Khatai district probation department Baku I appeal regarding the attitude of the Court of Appeal.
Before the entrepreneur continues his last story, let us briefly remind the reader that Pomegranate Four years ago, Garibov rented 1285 square meters of space in the shopping center, renovated it by investing half a million manats, and spent even more money on the purchase of equipment and clothing. But as soon as his “Famous Brands” store opened, the owners of the center increased the rent many times. This is against the terms of the ten-year contract signed between the parties.
While the conflict between the parties was being resolved in various courts, the owners of the building instructed the security guards not to let the owner and employees of the store into the shopping center, they turned the newly renovated store upside down, and collected all the clothes and equipment and threw them into the damp basement, and as a result, they became unusable. Most of the owner’s damage bank loans if it is taken into account that it was organized, the amount of about one and a half million manats put him under a heavy burden.
– The point is that Baku In March 2021, the Court of Appeal prohibited the shareholders of the shopping center from carrying out any repairs on the territory of the “Famous Brands” store until the final decision is made, Garibov continues his story. – The verdict of the court is binding for everyone, regardless of their position in society. This is a direct task court It is doubly mandatory for the probation service, which is to ensure the execution of sentences.
But everything happened differently. It turned out that for the owners of the center court the value of the decision is as insignificant as the tenant’s complaint. The bailiffs sat and stood with what they said. It is as if the state keeps them at the expense of its citizens, not for the execution of court decisions, but for the whims of someone’s spoiled children.
The bailiffs repeatedly visited the shopping center, took pictures in the store’s territory, drew up a relevant act and even warned the shareholders of the center about their responsibility for the violation of the court decision. But contrary to the warning, shareholders Fuad Rzayev and Babek Babayev not only dismantled all the windows and doors of the store, but also blew up the walls. Complaints in this regard remained unanswered. The bailiffs could not find the violators even at their residences and workplaces. Although any average in Baku school student can easily solve such a problem. Babayev is the owner of the famous “Yeni Hayat” company, which builds skyscrapers in almost half of the city, Balababa Rzayev, the head of “Azerenergy” OJSC. Fuad It is not worth talking about Rzayev. The bailiffs considered them to be done by “searching” them. However, no one was going to look for such well-known faces. Soon the search was completely stopped.
Garibov repeatedly showed the bailiffs exactly where and what they broke, moved and changed in his former store, which still belongs to him according to the alphabet of the law. He reminded that the owners of the center do not consider the decision of the court in this way crime they should be held responsible. However, bailiffs came and went, and the reconstruction of the leased area continued. Today, the new facility there is ready for use. Although the problem with the previous tenant is still not resolved.
The entrepreneur is angry: how come the bailiffs court decision execution can’t they? Of course, no one tells him that he has given it up outright. But the actions of the officials, or rather, their inaction, lead to a gross violation of not only the entrepreneur’s rights, but also the court decision.
– At this point, you inevitably think: in Khatai district, where there are such bailiffs, not only in my case, but in general, in other law Will there be a fair decision against the violators? – asks the entrepreneur rhetorically.
Yes, the court’s decision execution should be done, and for this the executors have been given all the necessary powers. When cases of systematic violation of the court order are found, the executors against the culprits crime they should transfer the case to the investigative department of the Ministry of Justice to start the investigation. For obvious reasons, Garibov does not have much faith in the investigation. But that’s the rule. By the way, the entrepreneur claims that the investigation conducted in Khatai district for the third year is related to the same persons law cannot conclude the collection of materials related to violations. But that’s another topic.
Garibov again shows the documents confirming that during the year, he repeatedly applied in writing to the Khatai District Probation Department, the Probation General Department, the Ministry of Justice, and the Appellate Council under the Ministry of Justice. State institutions are absolutely silent. To be honest, we were surprised too. Is there really no at least formal answer? For example, “we received”, “we are investigating” or some other similar answer… Is such a thing possible?
– If one of the persons accused in your case is a close relative of a high-ranking official, for example, the son of the head of “Azerenerji” Rzayev, then yes, it is possible, – who has become wiser due to bitter experience businessman answers. “Unfortunately, in such cases, the representatives of the relevant state institutions often do not find anything to say to the complainants…
After the first article on this topic was published, we asked the owners of the shopping center to comment on what Anar Garibov said. This time, a well-known lawyer-economist attorney Akram We asked Hasanov to comment on his words. After getting acquainted with the materials presented by the entrepreneur, he said:
– The incident narrated by the entrepreneur is not only a feeling of sharing in his pain, but also a great regret. It is again demonstrated that Azerbaijan there are serious problems in the legal system. The head of state calls on officials from all forums, especially judicial and law enforcement agencies, not to hinder business, but rather to help. But the arbitrariness still continues. In some cases this manifests itself in interventions, and in other cases in non-intervention. The criterion is often law rather than personal interests: in some cases money, in some cases family ties. As a result, Azerbaijan is still far from creating an attractive investment environment. Business is supported only on paper, entrepreneurs know this well. There is no protection of property rights, contracts, enforcement of court orders and ultimately healthy competition. All this is the basis of the market economy. As a result, we may lose enterprising people. Economic development is impossible without them.
Eldar Aliyev
The post Why doesn’t the officer’s son count the court’s decision? appeared first on 24 hours.