Appeals Committee

Boards of Appeal of the Republic of Azerbaijan on the establishment of central and local executive power bodies

Decree of the President of the Republic of Azerbaijan

On the establishment of Boards of Appeal at central and local executive bodies of the Republic of Azerbaijan

Decree of the President of the Republic of Azerbaijan

Guided by Paragraph 32, Article 109 of the Constitution of the Republic of Azerbaijan, in order to ensure transparency and objectivity in the field of consideration of complaints of individuals and legal entities engaged in the entrepreneurial activity and to defend their rights and interests protected by the relevant legislation, I hereby order:

1. To establish the Boards of Appeal at central and local executive bodies of the Republic of Azerbaijan.

2. To approve "The standard statute on the Boards of Appeal at central executive bodies" (attached).

3. To approve "The standard statute on the Boards of Appeal at local executive bodies" (attached).

4. The Cabinet of Ministers of the Republic of Azerbaijan:

4.1. To prepare proposals associated with the coordination of the acts of the President of the Republic of Azerbaijan with this Decree within three months and to submit them to the President of the Republic of Azerbaijan;

4.2. To ensure the coordination of legal acts of the Cabinet of Ministers of the Republic of Azerbaijan with this Decree within three months and to inform the President of the Republic of Azerbaijan;

4.3. To supervise the coordination of legal acts of central executive bodies with this Decree and inform the President of the Republic of Azerbaijan about the execution during five months;

4.4. To resolve other issues arising from this Decree.

5. The Ministry of Justice of the Republic of Azerbaijan to ensure the coordination of legal and normative acts of the central executive bodies with this Decree, and inform the Cabinet of

Ministers of the Republic of Azerbaijan.

President of the Republic of Azerbaijan

Ilham ALIYEV

Baku, February 3, 2016

№ 762

Published in the "Respublika" newspaper (February 4, 2016, № 25) ("VneshExpertService" LLC).

Published in the "Azerbaijan" newspaper (February 5, 2016, № 26) ("VneshExpertService" LLC).

________________________________________

Approved by 

the Decree number 762 

of the President of the Republic of Azerbaijan

dated February 3, 2016

 

Councils central executive bodies on Appeal

Model Regulations

Approved by

the Decree number 762 
of the President of the Republic of Azerbaijan
dated February 3, 2016
Standard Statute 
of the Boards of Appeal at central executive bodies

1. General provisions

1.1. The Board of Appeal of the central executive bodies (hereinafter referred to as the Board of Appeal) is the collegial body who consideres the repeated appeals of individuals and legal entities engaged in the entrepreneurial activity related to their entrepreneurial activity against the decisions, actions or inactions of central executive body and its local (structural) agencies (except for the appeals associated with the offences related to corruption) and acts on a voluntary basis (free of charge).

1.2. In the course of activity the Board of Appeal is guided by the Constitution of the Republic of Azerbaijan, the Law of the Republic of Azerbaijan "On Administrative Proceeding” and other laws of the Republic of Azerbaijan, decrees and orders of the President of the Republic of Azerbaijan, decrees and orders of the Cabinet of Ministers of the Republic of Azerbaijan, international treaties to which the Republic of Azerbaijan is a Party, and this Statute.

1.3. When exercising its duties and rights the Board of Appeal acts in coordination with other executive bodies, local self-government bodies and non-governmental organizations, as well as individuals and legal entities.

1.4. Within the context of this Statute the “repeated appeal” means the written appeal submitted to the Board of Appeal by individuals and legal entities engaged in the entrepreneurial activity which expresses their full or partial dissatisfaction with the decisions made by central executive body, its structural subdivision or other subordinate organization with regard to appeals associated with entrepreneurial activity of these persons, their refusal to make decision, as well as their actions or inactions.

1.5. The Board of Appeal carries out its activity based on the principles of legality, transparency, collegiality, impartiality.

2. The duties of the Board of Appeal

2.0. The duties of the Board of Appeal include:

2.0.1. To carry out a comprehensive, complete and objective investigation of repeated appeals submitted to the Board of Appeal and make a justified decision in accordance with the outcome of the case study;

2.0.2. To monitor the implementation of the decisions made by the Board of Appeal;

2.0.3. To register the repeat appeals considered by the Board of Appeal, to analyze and review them, and to submit the semi-annual and annual statements (reports) on the results to the head of the central executive body;

2.0.4. In the course of its activity to ensure the exercitation of human and civil rights and freedoms and prevent their violation within its powers;

2.0.5. To take necessary measures to prevent the disclosure of the state and commercial secrets, and information prohibited for dissemination according to the legislation;

2.0.6. To perform other tasks prescribed by the law and Acts of the President of the Republic of Azerbaijan.

3. Rights of the Board of Appeal

3.0. To fulfill its duties the Board of Appeal has the following rights:

3.0.1. To send queries (to appeal) to central and local executive bodies, local self-government bodies and non-governmental organizations, as well as individuals and legal entities in relation to the repeated appeals submitted to the Board of Appeal, to get the required information and documents from them;

3.0.2. To invite persons who submitted the repeated appeals (their representatives), officials of administration of the central executive body, its structural subdivision or other subordinate organization, as well as other concerned persons to the meetings of the Board of Appeal, to conduct investigations with their participation, to get their explanations;

3.0.3. To give written instructions to the officials of administration of the central executive body, its structural subdivision or other subordinate organization, in the field of elimination of any deficiencies and violations revealed in the time of investigation of the repeated appeals submitted to the Board of Appeal;

3.0.4. In case of gross deficiencies as well as violations of legal acts allowed by the officials of administration of the central executive body, its structural subdivision or other subordinate organization in the course of their official activities, revealed in the time of investigation of the repeated appeals submitted to the Board of Appeal, to raise an issue of taking measures to bring these persons to responsibility as prescribed by the law and receive information on the results;

3.0.5. To make proposals on improving the efficiency of work of the Board of Appeal;

3.0.6. To conduct analysis and generalizations in the course of activities of the Board of Appeal, to make proposals on the elimination of contradictions revealed during the investigation of the repeated appeals;

3.0.7. To monitor and control the implementation of the decisions of the Board of Appeal, as well as to take measures on the elimination of deficiencies;

3.0.8. To exercise other rights prescribed by the law and Acts of the President of the Republic of Azerbaijan.

4. Organization of the work of the Board of Appeal

4.1. The composition (Chairman and six other members) of the Board of Appeal shall be determined by the head of the central executive body. The Chairman of the Board of Appeal should be one of deputy heads of the central executive body.

4.2. Chairman of the Board of Appeal:

4.2.1. Shall organize and lead the work of the Board of Appeal;

4.2.2. On behalf of the Board of Appeal shall sign decisions and other documents related to the activity of the Board of Appeal;

4.2.3. Shall make presentations (proposals) to the head of the central executive body related to the approval of other members of the Board of Appeal, as well as the head and composition of the Secretariat of the Board of Appeal.

4.2.4. Shall determine the agenda of the meetings of the Board of Appeal and preside over these meetings;

4.2.5. Shall raise issues related to the competence of the Board of Appeal for consideration at the Board meetings;

4.2.6. Shall represent the Board of Appeal.

4.3. The rights and duties of the members of the Board of Appeal are as follows:

4.3.1. To participate in the meetings and activities of the Board of Appeal;

4.3.2. To conduct full, thorough and impartial investigation of the repeated appeals submitted to the Board of Appeal;

4.3.3. To express attitude, opinion and make proposals on the repeated appeals submitted to the Board of Appeal;

4.3.4. To require additional documents to be included in the materials of the investigation when coming to the conclusion that the documents (collected materials) submitted during the initial investigation of the repeated appeals received by the Board of Appeal are insufficient;

4.3.5. To vote on behalf of the Board of Appeal in the time of making decision on the repeated appeals submitted to the Board of Appeal;

4.3.6. To sign the minutes of the meetings of the Board of Appeal;

4.3.7. In case of disagreement with the decisions adopted at the meetings of the Board of Appeal by a majority vote, to address the head of the central executive body with a reasoned opinion made in writing that these issues to be discussed at a meeting of the Board of the central executive body;

4.3.8. To be impartial to the issues considered at the meetings of the Board of Appeal;

4.3.9. To make proposals on the organizational issues related to the competence of the Board of Appeal;

4.3.10. To exercise other rights and duties provided for in this Statute.

4.4. Secretariat of the Board of Appeal (hereinafter referred to as the Secretariat) has been established for the organization of the current activities of the Board of Appeal.

4.5. The head and composition of the Secretariat shall be approved by the head of the central executive body on the basis of presentation (proposal) made by the Chairman of the Board of Appeal.

4.6. The Secretariat:

4.6.1. Takes organizational measures in relation to the repeated appeals submitted to the Board of Appeal;

4.6.2. Examines the repeated appeals submitted to the Board of Appeal for compliance with the requirements of the legislation and this Statute, and in case of their compliance with the corresponding requirements addresses the relevant structural subdivision of central executive body or its other affiliated or subordinate institutions to submit to the Secretariat all documents (materials) required with regard to case no later that within 2 business days;

4.6.3. After checking the integrity and importance of the documents (materials) submitted by the relevant structural subdivision of central executive body or its subordinate institutions according to the subparagraph 4.6.2 of this Statute, sends the collected documents (materials) to the members of the Board of Appeal other than the Chairman for a formal opinion;

4.6.4. Summarizes the formal opinions submitted in accordance with the paragraph 4.7 of this Statute and organizes the meetings of the Board of Appeal after the coordination with the Chairman of the Board of Appeal;

4.6.5. Notifies the Members of the Board of Appeal, as well as those specified in subparagraph 3.0.2 of this Statute about the timing of meetings of the Board of Appeal at least 3 business days before the meeting.

4.6.6. Draws up the minutes of the meetings of the Board of Appeal and submits to the members of the Board of Appeal for signing;

4.6.7. Prepares the draft decisions (opinions, responses to be given in writing) of the Board of Appeal and submits them to the Chairman of the Board of Appeal for review and signing;

4.6.8. Ensures sending the decisions (opinions, responses to be given in writing) of the Board of Appeal to the relevant persons;

4.6.9. Keeps records of the repeated appeals considered by the Board of Appeal, analyzes and summarizes them, and submits quarterly, semi-annual and annual statements (reports) on the results to the Chairman of the Board of Appeal;

4.6.10. Shall spread information on the issues considered at the meetings of the Board of Appeal through the mass media and the official website of the central executive body;

4.6.11. Ensures informing the population about the activities of the Board of Appeal, placement of information to be disclosed according to the list prescribed by the law on the official website of the central executive body, and continuous updating this information;

4.6.12. Fulfills the instructions of the Chairman of the Board of Appeal;

4.6.13. Keeps the originals of the minutes and other documents of the Board of Appeal;

4.6.14. Exercises other duties and rights provided for in this Statute.

4.7. The opinions mentioned in subparagraph 4.6.3 of this Statute should be submitted no later than within 2 business days. The opinions submitted should be substantiated, and the attitude to any of issues in these opinions should be expressed clearly and unequivocally.

5. Requirements to the repeated appeals considered by the Board of Appeal 

5.1. Along with information prescribed by the law, the repeated appeals should contain the following information:

5.1.1. TIN of the person who submits the appeal;

5.1.2. Information about appeal(s) previously submitted to the central executive body on the subject of the repeated appeal and the response(s) received; 

5.1.3. Information of the case which led to the appeal(s) previously submitted to the central executive body on the subject of the repeated appeal (name, date, number, brief contents of the administrative act received by the relevant central executive body, its structural subdivision or other subordinate organization);

5.1.4. The list of the documents attached to the repeated appeal.

5.2. The repeated appeals should be signed by the applying individual or the head of legal entity him/herself, or by their authorized representatives (copy of the document reasserting authorities to be enclosed to the appeal).

5.3. Appeals submitted by legal entity should be approved by the stamp of this legal entity. This requirement is applicable to the representative offices, branches and divisions of resident and non-resident legal entities. In this case, repeated appeals should be approved by the stamps of the relevant representative offices, branches and divisions.

5.4. Duly certified copies of documents confirming the justification of the repeated appeals (decision, act, opinion, letter, reference, receipt and other documents issued by governmental, non- governmental and local self-government bodies) should be attached to the repeated appeals.

5.5. Appeals directly submitted to the Board of Appeal without the consideration by the relevant structure of the central executive body (appeals not considered as repeated appeals), as well as appeals associated with the offences related to corruption shall be sent for consideration to the relevant structure of the central executive body.

5.6. Substantiated decision (or written response) on the results of investigation of each repeated appeal considered by the Board of Appeal (or not considered on its essence) shall be sent to the person(s) who has (have) submitted it.

6. The meeting procedure of the Board of Appeal

6.1. Meetings of the Board of Appeal are valid in case of participation of at least two thirds of its members.

6.2. Meetings of the Board of Appeal shall be held at least twice a month, or if necessary, at any time by order of the head of the central executive body in coordination with the Chairman of the Board of Appeal.

6.3. Regulations of each meeting of the Board of Appeal shall be established by the Chairman of the Board of Appeal depending on the appeals to be discussed.

6.4. Those who submit the repeated appeals to the Board of Appeal (their authorized representatives), the officials, expert, specialist, interpreter and other concerned persons of the relevant structure of the central executive body may participate in the meetings of the Board of Appeal.

6.5. All the arguments associated with the repeated appeals included in the agenda of the Board of Appeal are being discussed by the members of the Board of Appeal, and a separate opinion shall be stated on every issue.

6.6. Decisions at the meetings of the Board of Appeal are adopted in an open voting by a simple majority vote of the members participating in the meeting. In the event of a tie, the Chairman of the Board of Appeal shall have the casting vote.

6.7. The Chairman of the Board of Appeal, the head of the Secretariat of the Board of Appeal or one of other members of the Board of Appeal makes a report on the repeated appeals included in the agenda of the Board of Appeal.

6.8. In case of participation of authorized representatives of the persons who have submitted the repeated appeals in the meetings of the Board of Appeal, the original document (or duly certified copy) confirming the authority of the representative must be submitted to the Secretariat.

6.9. The persons invited to the meetings of the Board of Appeal have the right to make proposals and express their attitude on the relevant issues.

6.10. Information about the decisions made on the repeated appeals considered by the Board of Appeal may be spreaded by the Secretariat through the mass media or the official website of the central executive body.

6.11. The videorecording of the meetings of the Board of Appeal and the discussion of the repeated appeals included in the agenda shall be carried out and kept for at least one year.

6.12. If the Chairman of the Board of Appeal cannot participate in the meetings of the Board of Appeal for valid reasons (vacation, business trip, illness, etc), the powers of the Chairman of the Board of Appeal shall be assigned by the head of the central executive body to one of his/her deputies.

7. Requirements to the minutes of the meeting of the Board of Appeal and decisions adopted

7.1. The outcome of meetings of the Board of Appeal shall be reflected in the minutes of the meeting signed by the members of the Board of Appeal and the head of the Secretariat.

7.2. The minutes of the meeting of the Board of Appeal should indicate the following:

7.2.1. The date and place of the meeting;

7.2.2. Full names of the members of the Board of Appeal, the head and staff of the Secretariat, other invited persons, and (or) their authorized representatives participated at the meeting;

7.2.3. Subject, summary and grounds for repeated appeals included in the agenda for the discussion;

7.2.4. Decisions previously adopted on the subject of repeated appeals included in the agenda for the discussion, and substantiation of those decisions;

7.2.5. Speeches of persons participating in the meeting of the Board of Appeal;

7.2.6. Arguments gathered with regard to repeated appeal submitted to the Board of Appeal, the outcome received, reference to the relevant legal acts;

7.2.7. Decision made by the Board of Appeal.

7.3. One of the following decisions shall be adopted as a result of the investigation conducted on the appeals accepted for proceedings by the Board of Appeal:

7.3.1. appeal is allowed;

7.3.2. appeal is allowed partially;

7.3.3. appeal is not allowed;

7.3.4. The new decision has been made on the subject of the appeal.

7.4. Decision of the Board of Appeal must be drawn up in a justified manner and reflect all the circumstances of the case. The decision signed by the Chairman of the Board of Appeal consists of an introductory, descriptive, substantiating  and conclusive parts containing the following information:

7.4.1. The introductory part includes date and place of the decision made by the Board of Appeal, full name, position and rank of the Chairman of the Board of Appeal who has signed the decision, the subject of the repeated appeal and the requirements put forward; 

7.4.2. The descriptive part includes the ground shown by the person who has submitted the appeal, the decisions taken earlier on the subject of the repeated appeal, as well as summary, justification of those decisions, and explanations of the persons involved in the case;

7.4.3. The substantiating part includes the arguments received by the Board of Appeal, information on the documents collected, and references to the relevant legal acts;

7.4.4. The conclusive part reflects the decision made by the Board of Appeal, instructions on the implementation of the decision, and the decision appeal procedures.

7.5. The Secretariat shall organize sending the decisions (written responses) made by the Chairman of the Board of Appeal to the persons concerned.

7.6. In case the appeal submitted to the Board of Appeal for proceedings is within the competence of another authority, the Board of Appeal shall send the appeal and attached documents to the competent authority within 3 business days from the date of receipt of the appeal at the latest, and notify the complainant in writing with indication of the ground.

O R D E R

On the establishment of the Board of Appeal at the Ministry of Youth and Sports of the Republic of Azerbaijan

     To ensure the implementation of the the Decree number 762 “On the establishment of Boards of Appeal at central and local executive bodies of the Republic of Azerbaijan” of the President of the Republic of Azerbaijan dated February 3, 2016, to ensure transparency and objectivity in the area of consideration of appeals submitted by individuals and legal entities engaged in the entrepreneur activity and to defend their rights and interests protected by the legislation, I hereby order

1. To establish the Board of Appeal at the Ministry of Youth and Sports of the Republic of Azerbaijan.
2. To approve the Statute of the Board of Appeal of the Ministry of Youth and Sports of the Republic of Azerbaijan (attached).
3. To approve the composition of the Board of Appeal of the Ministry of Youth and Sports of the Republic of Azerbaijan (attached).
4. The Financial and Logistics Department (A. Ziyadov) to take the necessary measures related to the establishment of the Board of Appeal at the Ministry of Youth and Sports of the Republic of Azerbaijan.
5. The General Department (N.Nabiyev) to ensure sending the copies of the order to organizations included in the structure of the Ministry of Youth and Sports and other subordinate institutions for information.
6. I take personal charge of control over the implementation of the order.



         Minister                                                                                    Azad  Rahimov


                                                              “Approved”
                                                             Order № __
                                                                    February “   “, 2016
                                                                                       ______________Azad Rahimov



C o m p o s i t i o n:
of the Board of Appeal of the Ministry of Youth and Sports of the Republic of Azerbaijan

1. İntigam Babayev Deputy Minister - Chairman

2. Rufat Hasanov Head of the Office - member

3.Nazim Nabiyev Head of the General Department - member

4. Mayil Hasanov Deputy Head of the Economic Department – member

5. Rauf  Aliyev Senior lawyer - member

6. Namik Abdullayev Senior consultant of the Sector for Work with Regions – member

7. Azar Maharramov Director  of the “Azeridmanservis” LLC - member


O R D E R

On the establishment of the Secretariat of the Board of Appeal of the Ministry of Youth and Sports of the Republic of Azerbaijan and approval of its composition
      To ensure the implementation of the the Decree “On the establishment of Boards of Appeal at central and local executive bodies of the Republic of Azerbaijan” of the President of the Republic of Azerbaijan dated February 3, 2016, and taking into account the presentation of the Chairman of the Board of Appeal of the Ministry of Youth and Sports of the Republic of Azerbaijan Intigam Babayev, I hereby order

      1. To establish the Secretariat of the Board of Appeal of the Ministry of Youth and Sports of the Republic of Azerbaijan and approve it in the following composition 


1.  Rana  Aliyeva Senior consultant – Responsible secretary of the Board 

2.  Afag Nacafova Senior consultant of the General Department

3. Fuad Alakbarov Leading consultant of the Sector for Staff Training 


      2. I take personal charge of control over the implementation of the order.



         Minister                                                                                    Azad  Rahimov