Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of September 30, 2005 No. 1024-IIQ

About receipt of information

(as amended on 03-05-2019)

Chapter 1. General provisions

Article 1. Law purpose

The purpose of this Law consists in determination of the legal basis of the law on free, free receipt of information as equals for all conditions, according to article 50 of the Constitution of the Azerbaijan Republic, based on the principles of open society and the democratic constitutional state, and also creation of conditions for control from citizens of execution of public functions.

Article 2. Freedom of receipt of information

2.1. In the Azerbaijan Republic there is freedom of receipt of information.

2.2. Everyone has the right independently or by means of the representative to address the owner of information to select type of information and method of its obtaining.

2.3. Everyone who addresses the owner of information has the right:

2.3.1. recognize whether the owner of information has necessary information, and in case of absence that, acquire auxiliary data for its obtaining.

2.3.2. the owner of information in case of availability of necessary information, can freely, freely receive them as equals with all conditions.

2.4. Physical persons have the right to examine, obtain freely documentary information on themselves, to require refining of these data, to learn who also for what purpose uses this information.

2.4-1. Receipt of information is allowed provided that it does not contradict protection of interests of the Azerbaijan Republic in political, economic, military spheres, in the field of financial and credit and monetarist policies, to protection of public order, health and morality, protection of the rights and freedoms, commercial and other economic interests of other persons, ensuring authority and impartiality, the normal course of preliminary inquiry on criminal cases of court.

2.5. According to requirements of this Law, use of the obtained documentary information in other purposes, including for creation of the rethought information for commercial purposes, is admissible only if during creation of information refer to the primary source.

Article 3. Basic concepts

3.0. The basic concepts used for the purposes of this Law have the following values:

3.0.1. Information - created as a result of any activities regardless of history of creation, form of giving and classification, or the received facts, responses, knowledge, news or data of other nature;

3.0.2. Information on family and private life (further - personal data) - the events, activities, the facts, responses, knowledge allowing to identify directly or indirectly the personality;

3.0.3. Public information - the facts created in the course of execution of public duties, responses, knowledge determined by the laws or other regulatory legal acts;

3.0.4. Information services - activities for providing with information everyone who makes inquiry;

3.0.5. The owner of information - the legal entities and physical persons created irrespective of type of state bodies, municipalities, property for providing the rights to be informed determined in article 9 of this Law:

3.0.6. Query - the written or oral address for receipt of information;

3.0.7. Person making query (further - zaprashivatel) - the legal entity or physical person addressing for receipt of information, in written or oral form;

3.0.8. Distribution of information - distribution of information without request in mass media, official publications, in questionnaires and help books, the Internet, the declaration at briefings, press releases or conferences.

Article 4. Field of streamlining of the Law

4.1. According to this Law are determined:

4.1.1. conditions of receipt of information, the rule and form, including failure of the owner of information to provide such information;

4.1.2. restrictions in receipt of public information and rule of giving and distribution of part of this information which is not regulated by other laws;

4.1.3. rules of control of the organization of receipt of information;

4.2. This Law does not belong to the following:

4.2.1. information which is considered as the state secret established by the law;

4.2.2. to providing the admission to work with archive documents according to the Law of the Azerbaijan Republic "About National Archive Fund";

4.2.3. to the offers, statements and claims regulated by the Law of the Azerbaijan Republic "About the address of citizens";

4.2.4. To the restrictions set according to international agreements.

Article 5. Legislation of the Azerbaijan Republic on receipt of information

5.1. The legislation of the Azerbaijan Republic on receipt of information consists of the Constitution of the Azerbaijan Republic, this Law and other regulatory legal acts prepared according to requirements of this Law.

5.2. In other regulatory legal acts of the Azerbaijan Republic about receipt of information determination of other rules other than requirements of this Law is not admissible.

Article 6. Basic principles of receipt of information

6.1. Basic principles of receipt of information following:

6.1.1. ensuring free, free information request as equals for everyone conditions;

6.1.2. legality of the procedure of receipt of information;

6.1.3. obligation of the state and municipal authorities to provide information;

6.1.4. maximum clarity of information;

6.1.5. providing the information request in the shortest possible time and most in an efficient manner;

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