RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of May 22, 2006 No. 128

About approval of the Procedure for the dispute resolution about jurisdiction and powers between administrative authorities

For the purpose of ensuring execution of Item 1.5 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About administrative production" of December 28, 2005 the No. 345 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Procedure for the dispute resolution about jurisdiction and powers between administrative authorities" it (is applied).

2. This resolution becomes effective in one day with the Administrative Procedure Code of the Azerbaijan Republic.

Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of May 22, 2006, No. 128

Procedure for the dispute resolution about jurisdiction and powers between administrative authorities

1. This Procedure is prepared based on the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About administrative production" of December 28, 2005 No. 345.

2. According to article 4.3 of the Law of the Azerbaijan Republic "About administrative production" this Procedure regulates permission in accordance with the established procedure of the disputes between administrative authorities concerning jurisdiction or powers, administrative authority or the commission, higher on the subordination, created by the Cabinet of Ministers of the Azerbaijan Republic.

3. This Procedure does not extend to activities of the Cabinet of Ministers of the Azerbaijan Republic determined based on the Law of the Azerbaijan Republic "About administrative production" as administrative authority.

4. If other is not stipulated by the legislation the Azerbaijan Republic, the administrative authority shall consider addresses on the questions carried to its powers, make relevant decisions according to these addresses and provide information.

4.1. The administrative authority shall determine independently availability of powers at it to consider addresses of interested persons.

4.2. Consideration of addresses belongs to powers of administrative authority in cases, directly stipulated by the legislation the Azerbaijan Republic. With respect thereto the administrative authority shall analyse their content, in particular the actual circumstances specified in the address before acceptance of the corresponding addresses of interested persons.

5. If the administrative authority will determine that consideration of the address of interested persons belongs to its powers, it begins administrative production on consideration of this address.

6. The disputes on jurisdiction or powers arising between local (structural) and other organizations of the administrative authority which is under supervision of administrative authority, higher on subordination, are considered by this administrative authority.

The address about the dispute resolution is considered within 5 days by the head of administrative authority, higher on subordination, or its deputy and for it passes the relevant decision obligatory for local (structural) and other organizations.

7. In case of disagreement with the decision made by administrative authority, higher on subordination, its local (structural) and other organizations can address to the Commission on the dispute resolution between administrative authorities, the concerning jurisdictions or powers (further - the commission on the dispute resolution) created by the Cabinet of Ministers of the Azerbaijan Republic.

The commission on the dispute resolution solves also disputes on jurisdiction or powers between administrative authorities, higher on subordination.

8. The commission on the dispute resolution will be organized from representatives of administrative authorities and other authorities, higher on subordination.

The deputy prime minister of the Azerbaijan Republic directs work of the Commission on the dispute resolution. The number and structure of the Commission on the dispute resolution affirm the Cabinet of Ministers of the Azerbaijan Republic.

9. The commission on the dispute resolution shall consider the disputes concerning jurisdiction or powers within 10 days from the date of receipt of the address with participation on commission session of representatives of the arguing administrative authorities.

10. The commission on the dispute resolution is authorized to make the decision with participation at meeting at least a half (provided that their at least three) her members.

The commission on the dispute resolution, comprehensively, full and having objectively researched all actual circumstances having essential value for the dispute resolution concerning jurisdiction or powers makes the final decision obligatory for execution by administrative authorities.

Upon the demand of the Commission on the dispute resolution at the relevant administrative authorities the additional documents concerning the address can be requested.

11. The decision of the Commission on the dispute resolution is made by a simple majority vote her members. In case of equality of votes the chairman's voice in meeting is decisive. Decisions of the Commission on the dispute resolution are drawn up by protocols.

12. The protocol accepted in connection with dispute is provided to the parties participating in dispute.

13. The final decision of the Commission on the dispute resolution can be appealed in court in the procedure established by the legislation of the Azerbaijan Republic. Appeal does not stop execution of the relevant decision.

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