AZE.US
In Azerbaijan, a growing number of citizens with bank debts are learning about travel bans only when they arrive at the airport or border. For some, the surprise comes despite the fact that money is already being withheld from their salary or pension to cover the debt.
Lawyer and banking expert Akram Hasanov says the existence of a debt alone is not enough to stop a person from leaving the country.
In an interview with Patrul.az, Hasanov said a travel restriction can be imposed only after a court decision has entered into legal force. First, the debt itself must be confirmed by a court. If the person then fails to comply with the decision without a valid reason, an enforcement officer may apply to the court. Only the court can impose a ban on leaving the country.
Hasanov said the process cannot legally take place in secret. The citizen must be notified, invited to the hearing and given an opportunity to explain their position. After receiving the court decision, the person has 10 days to appeal. If the citizen was not properly informed and learned of the restriction later, the 10-day appeal period should begin from the day they actually receive the decision.
The expert pointed to a separate problem: cases where a debt is already being collected from a salary or pension, yet the person is still blocked from leaving the country.
Under the law, Hasanov said, a travel ban is not imposed simply because someone owes money. It may be applied only when the person refuses to pay without a valid reason. That means the authorities must establish that the debtor has the ability to pay but is deliberately avoiding payment.
If a person has no other realistic means and the debt is being deducted from their salary or pension, that does not amount to evasion, he said. The argument that “the debt is large and the monthly payment is small” is not a legal basis for a travel ban.
According to Hasanov, a person can pay only within the limits of their actual financial capacity. If payments are already being made through salary or pension deductions, imposing a border “stop” may be unlawful.
Another issue is timing. If a citizen discovers the restriction at the airport and immediately pays the debt online, that still may not allow them to board the flight. Hasanov said the ban can be removed only by the enforcement officer through the official system. In practice, the traveler would likely have to return and seek formal removal of the restriction afterward.
The cases highlight a broader gap between the legal procedure and everyday enforcement. The law requires a court decision, notification and an assessment of whether the person is actually avoiding payment.
But in practice, some citizens face the restriction only when the trip is already disrupted, the ticket is purchased and the chance to defend their position has passed.
AZE.US