Amendments were made to the Civil Procedure Code of the Republic of Azerbaijan regarding the provision of a lawyer at the expense of the state budget funds in civil cases for victims of domestic violence and other vulnerable groups.

The right of citizens with poor financial means, including victims of domestic violence, to receive free legal aid has always been a topic of discussion.

Article 61 of the Constitution of the Republic of Azerbaijan establishes the right of everyone to receive quality legal assistance. However, although many citizens can receive certain consultations at state legal offices, due to the difficulty of their financial situation, they sometimes do not have the opportunity to defend their rights to the end.

According to the Article 12.1.3 of the "National Action Plan for Combating Domestic Violence in the Republic of Azerbaijan for 2020-2023" approved by Decree No. 2307 of the President of the Republic of Azerbaijan dated November 27, 2020,  it is planned to determine the mechanism of providing free legal assistance to victims of domestic violence. In this regard, the State Committee on Family, Women and Children Affairs of the Republic of Azerbaijan submitted a package of proposals to the Cabinet of Ministers of the Republic of Azerbaijan.

On July 26, 2023, the President of the Republic of Azerbaijan signed a Decree on the implementation of the Law dated June 09, 2023 on amendments to the Civil Procedure Code regarding free legal assistance.

According to the adopted change, the right of a person who does not have sufficient funds to pay for the services of a lawyer to receive professional legal assistance at the expense of the state for the representation of person`s  interests and the exercise of person`s procedural rights has been established.

Article 67-1, added to the Code, determines the procedure for ensuring the lawyer's participation in the process at the expense of the state.

Thus, in cases where the mandatory participation of a lawyer in the process is required, if the persons participating in the case do not have sufficient funds to pay for the lawyer's services, the court that has accepted the judicial act based on the written request of the persons participating in the case ensures the participation of the lawyer in the process at the expense of the state. The following persons will be provided with a lawyer free of charge at the expense of the state by a court decision:

ü persons who are disabled and do not work due to 61-100 percent violation of body functions;

ü  Disabled persons under 18 years of age;

ü victims of human trafficking;

ü  victims of domestic violence;

ü children who have lost their parents or are deprived of parental care;

ü  members of families receiving state social assistance;

ü persons who are registered as unemployed in the relevant executive power body;

ü other persons whose financial situation and average monthly income are significantly lower than the subsistence minimum for the current year are assessed by the court.