An administrative act must first be issued before assets provided under the self-employment program can be reclaimed.
“Operative Information Center-OMM” reports that the Supreme Court’s Administrative Chamber considered a dispute over the recovery of assets provided under the self-employment program.
According to the case details, under an agreement signed between the relevant administrative body and a citizen on February 1, 2024, the citizen received an incubator, a generator and a feed grinder under the “Broiler incubator” package.
However, a monitoring visit on February 19, 2025, found that the equipment had been sold. The administrative body sent the citizen a warning letter demanding that the assets be returned in kind. The body then applied to the court after the demand was not met.
The Baku Administrative Court ruled the administrative body’s claim inadmissible, saying the matter could be resolved without going to court by issuing an appropriate administrative act within the body’s powers. The appellate court upheld the first-instance court’s ruling.
Reviewing the case on appeal, the Supreme Court said that assets are provided under the self-employment program through a two-stage administrative procedure. At the first stage, an administrative act is issued to involve a person in self-employment; at the next stage, an administrative contract is concluded on the basis of that act.
According to the Supreme Court’s legal position, if a citizen fails to meet contractual obligations, the administrative body must first issue an appropriate administrative act revoking the earlier favorable act, terminating the contract and reclaiming the assets or their value.
The court emphasized that administrative bodies must use the powers granted to them by law to make the relevant decisions themselves. Applying to a court should serve only as a last legal resort in cases provided for by law.
The Supreme Court therefore stressed the importance of following administrative procedures and having administrative bodies make decisions within their own authority when reclaiming assets provided under the self-employment program.
