RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of October 17, 2002 No. 162

About approval of the Procedure for the admission of officials and citizens to work with the data which are the state secret

According to the Law of the Azerbaijan Republic "About the state secret" the Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Procedure for the admission of officials and citizens to work with the data which are the state secret".

2. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of October 17, 2002, No. 162

Procedure for the admission of the admission of officials and citizens to work with the data which are the state secret

1. General provisions

1. This Procedure is developed according to the Law of the Azerbaijan Republic "About the state secret", other legal acts governing the relations connected with protection of the state secret and establishes procedure for access for officials and citizens of the Azerbaijan Republic (further citizens) to work with the state secret.

Provisions of this Procedure are subject to obligatory execution by public authorities and local self-government of the Azerbaijan Republic, the companies, organizations and the organizations irrespective of form of business of form and type of property which are carrying out in the territory of the Azerbaijan Republic and beyond its limits of work, connected with the data which are the state secret or persons interested to get permissions for accomplishment of such works (except especially stipulated cases, further "organizations").

Measures for the check connected with the admission of citizens to work with data of special value, absolutely classified and classified information are performed taking into account the conclusion of Service of state security of the Azerbaijan Republic (further - security service) about availability or lack of the basis provided in article 23.1.7 of the Law of the Azerbaijan Republic "About the state secret" in bodies of prosecutor's office by the Prosecutor General's Office of the Azerbaijan Republic, in law-enforcement bodies by the Ministry of Internal Affairs of the Azerbaijan Republic, in connection with protection of frontier by the State Border Service, in connection with safety of objects of the state protection and the protected objects, and also in the military units which are under its supervision, Special service of the State protection and under body of foreign intelligence of Service of foreign intelligence of the Azerbaijan Republic of the Azerbaijan Republic.

Check measures for the admission to work with the state secret in other public authorities, organizations, managements and the organizations are performed by security service.

2. The admission of citizens to work with the state secret is performed according to the procedure, established by this Procedure, heads of the relevant organization.

3. Citizens can be appointed to the positions connected with the admission to work with the state secret only after registration in accordance with the established procedure of admission form, in the corresponding this position.

According to article 26 of the Law of the Azerbaijan Republic "About the state secret" heads of the organizations bear the personal responsibility for creation by citizens of the corresponding conditions for acquaintance with the data which are the state secret but only with those which are necessary for them for accomplishment of the official debt, and only in proper amount.

4. The admission of citizens to work with the state secret is performed according to article 21 of the Law of the Azerbaijan Republic "About the state secret" according to the procedure of voluntariness and provides the following:

* acquaintance with the legislation providing responsibility for violation of the legislation on the state secret, and acceptance before the state of non-disclosure obligation of the data entrusted it which are the state secret;

* making the written permission for the partial and temporary restrictions provided in in article 25 of the Law of the Azerbaijan Republic "About the state secret";

* making the written consent to carrying out check measures by competent authorities in their relation;

* acceptance by the head of the organization of the decision on the admission to work with the state secret.

The obligation undertaken by the citizen before the state about nondisclosure of the data which are the state secret, entrusted to it is reflected in the employment contract signed between it and the employer, and in case of acceptance for work (service) not according to the employment contract in subscription. Appointment of person who does not have the admission to work with the state secret to the position connected with use of the state secret is not allowed.

The amount of checking actions depends on degree of privacy of data to which for work person getting the admission to work with the state secret is allowed. The procedure for carrying out and amount of measures of check for the admission to work with the state secret in the Prosecutor General's Office of the Azerbaijan Republic, the Ministry of Internal Affairs of the Azerbaijan Republic, the State Border Service of the Azerbaijan Republic and Special service of the State protection, in Service of foreign intelligence of the Azerbaijan Republic is prepared by these bodies and affirm with coordination with the Interdepartmental commission on protection of the State secret in case of the President of the Azerbaijan Republic.

In other public authorities, organizations, managements and the organizations the amount and procedure for carrying out measures of check for the admission are prepared for work with the state secret by security service and affirm with coordination with the Interdepartmental commission on protection of the State secret in case of the President of the Azerbaijan Republic.

5. According to article 23 of the law of the Azerbaijan Republic "About the state secret" the bases for refusal in the admission of the citizen to work with the state secret are:

recognition by court incapacitated or is limited by capable;

condemnation for crimes against bases of the constitutional system and safety of the Azerbaijan Republic, including for other especially serious and serious crimes (regardless of repayment or removal of criminal record);

detention or election concerning it any measure of restraint according to the Code of penal procedure of the Azerbaijan Republic for the crimes specified in the third paragraph of this part (before release, the expiration of measure of restraint or cancellation of measure of restraint);

availability of the disease excluding work with the data which are the state secret according to the list established by the Cabinet of Ministers of the Azerbaijan Republic;

permanent residence in the foreign country;

the appeal to the Public migratory service of the Azerbaijan Republic or the Ministry of Foreign Affairs of the Azerbaijan Republic concerning getting out of the citizenship of the Azerbaijan Republic or nachaty execution in its relation connected with loss of citizenship of the Azerbaijan Republic;

identification as a result of checking actions of the actions creating safety hazard of the Azerbaijan Republic from person allowed to work with the state secret;

evasion from checking actions or representation of obviously false biographical particulars.

The decision on refusal to the official or the citizen in the admission to work with the state secret is accepted in individual procedure by the head of public authority, company, organization or organization taking into account results of checking actions. The official or the citizen has the right to appeal this decision.

6. According to degree of privacy of the data which are the state secret the following forms of the admission are established:

* the first - for the citizens allowed to work with data of special importance;

* the second - for the citizens allowed to work with absolutely classified information;

* third - for the citizens allowed to work with the classified information.

Availability at citizens of the admission to work with data of higher degree of privacy gives the grounds for their admission to work with data of lower degree of privacy.

Measures of security service (in bodies of prosecutor's office the Prosecutor General's Office of the Azerbaijan Republic, in law-enforcement bodies the Ministry of Internal Affairs of the Azerbaijan Republic, in connection with protection of frontier the State Border Service, in connection with safety of objects of the state protection and the protected objects, and also in the military units which are under its supervision, Special service of the State protection of the Azerbaijan Republic) carry out the checks connected with execution of the admission of citizens to work on the first and second forms in interconnection with the bodies performing operational search activities and divisions for protection of the state secret.

Registration by security service (in bodies of prosecutor's office the Prosecutor General's Office of the Azerbaijan Republic, in law-enforcement bodies the Ministry of Internal Affairs of the Azerbaijan Republic, in connection with protection of frontier by the State Border Service, in connection with safety of objects of the state protection and the protected objects, and also in the military units which are under its supervision, Special service of the State protection of the Azerbaijan Republic) the admission of citizens to work on the third form, except as specified, specified in Item 26 of this Procedure, is performed by the head of the organization without carrying out measures of check.

Ensuring control over compliance of the form of the admission of degree of privacy of data which is drawn up to citizens for acquaintance with which they are allowed, are debt of the head of the organization.

7. To the citizens employed according to the terminal employment contract or who did not reach 18 years the admission to data of special importance and absolutely confidential, as a rule, is not drawn up, except as specified, provided by Items 27 and 28 of this Procedure.

8. To divisions on protection of the state secret, and in the organizations which staff lists do not provide such divisions - to the citizens employed for conducting works on confidential clerical work if nature of the performed work does not require submission of the admission to them in the first form, the admission in the second form is drawn up.

9. The decision on the admission to work with the state secret of the military personnel and civilians of military representations (further "employee") is accepted by the head of this military representation. Registration to the staff of military representation of the admission to work with the state secret is performed in the organization in which the representation, through its division on protection of the state secret is placed.

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