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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of February 13, 1995 No. 26

About rules of creation and functioning of the border markets on check points of frontier of the Azerbaijan Republic

(as amended on 02-06-2003)

The Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve Rules of creation and functioning of the Border markets on check points of frontier of the Azerbaijan Republic.

2. To the Ministry of Trade, the Ministry of Economics, the Ministry of Foreign Economic Relations, the State Customs Committee, the State Border Service, the Cabinet of Ministers of the Nakhchivan Autonomous Republic, local executive bodies and other involved organizations to take adequate measures to ensuring normal functioning of the Border markets.

3. To impose control of execution of this Resolution on department of trade and paid services and department of foreign economic relations of Administration of the Cabinet of Ministers of the Azerbaijan Republic.

 

Acting as

Prime Minister of F.GULIEV

 

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of February 13, 1995 No. 26

Rules of creation and functioning of the Border markets in check points of frontier of the Azerbaijan Republic

1. These rules determine legal and economic bases of the organization and functioning of the Border market (will hereinafter be referred to as further as "Market") on the check point of frontier of the Azerbaijan Republic.

The market is created according to the procedure, stipulated by the legislation.

The market functions on the basis of the Charter approved by the Ministry of Trade.

2. As the legal entity, the Market is the state company which functions on the basis of the principles of self-financing and self-financing, has separate balance and property.

3. The main and current assets, property, reserves, inventory items which are on balance of the Market are state-owned property and are in complete economic board of the state.

4. The market does not answer for obligations the state, and the state does not answer for obligations the Market.

The market answers for the obligations the property on which collection can be turned.

5. The market has seal with the name which is cut out on it, letterheads, stamp and other details.

6. The main objective of the Market consists in assistance to expansion of trade and economic relations between the Azerbaijan Republic and the corresponding neighboring state, to satisfaction of demand of the population for food and other goods (works and services) by simplification of trade and economic relations, in the establishment of control over providing with necessary documents the legal entities and physical persons using Market services, and observance of the legislation of the Azerbaijan Republic by them for implementation of trading activity according to the procedure established by the legislation.

7. When implementing the tasks the Market creates interconnection with state bodies, the companies, business people and foreign firms, independently signs agreements for ensuring the normal activities. The market as the legal entity having the right to be engaged in all types of activity which are not prohibited by the legislation and to provide normal conditions for the activities.

8. The working days of Rynk and their duration are determined by the director Rynka in coordination with local executive bodies.

9. The legal entities and physical persons using Market services bring introductory and the rent, and also service fee which are his workers.

10. Sales of goods in the Market is enabled according to the legislation of the Azerbaijan Republic.

Legal entities and physical persons of the neighboring regions of the Azerbaijan Republic covering the territory of the border market can make in this market of the transaction of purchase and sale.

11. The annual amount of goods turnover within border trade for satisfaction of local requirements of the corresponding territory defined by international treaties of the Azerbaijan Republic with the adjacent states is established by the protocols signed by the Ministry of Trade of the Azerbaijan Republic with the relevant structures of the adjacent countries.

Commodity exportation from the territory of the market and commodity importation on the market by legal entities and physical persons without formation of legal entity, and also import and export of the goods which are not provided for productive or business activity from the territory of the border market by physical persons is performed in stipulated by the legislation procedure.

12. The disputes arising between legal entities and physical persons which use commercial services of the Market on the one hand and the Market with another are considered in court or Arbitration Court.

13. Entrance on the territory of the Market and purchase and sale are performed based on the processed documents there (are applied).

14. The property of the Market is constituted by the fixed assets provided to it in operational management the profit got from the main economic activity and also the income from the other sources permitted by the law.

15. After implementation of obligatory payments from the profit got from the activities, the Market creates the following funds:

- fund of social and economic development;

- salary fund and encouragement;

- insurance fund.

16. Control of activities of the Market is exercised according to the procedure, established by the legislation of the Azerbaijan Republic.

17. The market in accordance with the established procedure submits periodic and annual financial accounting reports to the relevant financial, tax and statistical organs.

18. Check of financial and economic activities of the Market is performed by the state financial, tax and other authorities according to the procedure, established by the law.

19. The director who is appointed to position by the order of the Minister of Trade of the Azerbaijan Republic taking into account opinion of Chapter of the local district executive authority directs the market.

20. The director Rynka appoints to position and exempts from it the deputies, Rynka performs matching and arrangement of other workers, appoints to position and exempts from it heads of other structural divisions.

21. The director is responsible for accomplishment with the Market of the tasks. The director without power of attorney acts on behalf of the Market, represents its interests in the relations with all companies and the organizations in the republic and beyond its limits, signs agreements, issues powers of attorney, opens accounts in banks, has the right of management of means, determines and approves units and structure of the state, distributes job responsibilities between the deputies, issues orders, orders, instructs, mandatory workers of the Market.

22. The director ensures normal functioning of the Market, supports communications with the relevant republican organs, submits it necessary reports and makes offers on Market work enhancement.

23. The director provides maintaining statistical and financial accounting, issue of documents for import and export to persons importing goods on the Market, and preparation of the statistical recording on export and import with indication of the quantity, types, the prices imported on Commodity market, collection of charges from legal entities and physical persons in the appropriate order.

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