PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of October 16, 2019 No. 842

About measures for enhancement of activities of the Ministry of Finance of the Azerbaijan Republic

Being guided by Item 32 of article 109 of the Constitution of the Azerbaijan Republic, for the purpose of enhancement of activities of the Ministry of Finance of the Azerbaijan Republic POSTANOVLYAYU:

1. Create under the Ministry of Finance of the Azerbaijan Republic national debt management Agency and financial liabilities.

2. Approve "Regulations on the Agency on national debt management and by financial liabilities under the Ministry of Finance of the Azerbaijan Republic" it (is applied).

3. Perform the functions transferred to the Office of the Ministry of Finance of the Azerbaijan Republic by part 1 of the Presidential decree of the Azerbaijan Republic of January 17, 2019 No. 479 "About additional measures for optimization of structure and enhancement of management of number of state bodies in the Azerbaijan Republic" through national debt management Agency and financial liabilities under the Ministry of Finance of the Azerbaijan Republic.

4. Bring in the Presidential decree of the Azerbaijan Republic of February 9, 2009 No. 48 "About measures for enhancement of activities of the Ministry of Finance of the Azerbaijan Republic" (Collection of the legislation of the Azerbaijan Republic, 2009, No. 2, Article 61, No. 7, Article 533, No. 10, Article 780, No. 12, Article 983; 2010, No. 2, Articles 77, 80; 2011, No. 2, Article 85; 2015, No. 2, Article 108, No. 9, Article 988; 2016, No. 9, Article 1479; 2017, No. 5, Article 771, No. 6, Article 1081; 2018, No. 1, Article 47, No. 3, Article 450, No. 5, article 912, No. 12 (book I), Articles 2556, 2572; 2019, No. 3, Article 409, No. 5, Article 834) following changes:

4.1. cancel part 7;

4.2. replace in part 3 of the Appendix 1 "Structure of the Ministry of Finance of the Azerbaijan Republic" of the word "Agency on National Debt Management of the Ministry of Finance of the Azerbaijan Republic" approved by this Decree with the words "National Debt Management Agency and Financial Liabilities under the Ministry of Finance of the Azerbaijan Republic";

4.3. on the Appendix 2 "Provision on the Ministry of Finance of the Azerbaijan Republic" approved by this Decree:

4.3.1. add to part 1, Items 7. 6, 7. 11, 8. 2, 8. 53, 8.67 and 18.5 after the word of "debt" of the word "and financial liabilities";

4.3.2. state Item 8.30 in the following edition:

"8.30. According to the Law of the Azerbaijan Republic "About public debt" implementation of the state borrowings, ensuring issue of the state guarantees and acceptance of adequate measures in the sphere of repayment of public debts, and also national debt management and financial liabilities through national debt management Agency and financial liabilities under the Ministry;";

4.3.3. add Items 8.31-2 and 8.31-3 of the following content:

"8.31-2. serve through national debt management Agency and financial liabilities under the Ministry the public debt and debt which arose on the state guarantee;

8.31-3. in case of threat of violation of financial and economic equilibrium in national economy to provide with coordination with the President of the Azerbaijan Republic to the financial and banking organizations playing important role in financial and bank and payment systems of the country and also strategically important non-financial organizations through national debt management Agency and financial liabilities under the Ministry at the expense of public funds urgent liquidity (placement at them term deposits or receipt of issued term debt securities);";

4.3.4. add to Item 8.33 after the word "maintaining", the word of "means" of fund of Providing obligations for public debt and guarantee", and also to replace in this Item of the word "Agency on National Debt Management of the Ministry of Finance of the Azerbaijan Republic" with the words "National Debt Management Agency and Financial Liabilities under the Ministry of Finance of the Azerbaijan Republic";

4.3.5. add Item 8.34-1 of the following content:

"8.34-1. Calculation of the financial liabilities of the state for projects and initiatives offered to realization through national debt management Agency and financial liabilities under the Ministry according to the specific principles of financing including on the basis of public-private partnership, risks assessment and their distributions, issue of the conclusion on financial provision and explanation to the parties which are not agreeing with the conclusion, their rights to the appeal to higher body of the executive authority;";

4.3.6. state part 10 in the following edition:

"10. The office of the Ministry, bodies entering into its structure, and subordinated bodies (legal entities, the organizations etc.) which are not entering into its structure and also the Ministry of Finance of the Nakhchivan Autonomous Republic constitute single system of the Ministry. The ministry performs the activities directly and through these bodies;

4.3.7. cancel parts 11 and 26;

4.3.8. state Item 18.2 in the following edition:

"18.2. approves structure of the Office of the Ministry, local and other authorities within the established structure, salary fund and the extreme number of workers, the staff list and the estimate of their expenses within the allocated budgetary appropriations;";

4.3.9. add to Item 18.7 after words of "other subordinated bodies" of the word" (except for the persons appointed to position and dismissed by the President of the Azerbaijan Republic)".

5. Replace in part 39-1 "The list of the officials having power to constitute the protocol on cases on the administrative offenses considered by district (city) courts", No. 1361 approved by the Presidential decree of the Azerbaijan Republic of May 3, 2017 (Collection of the legislation of the Azerbaijan Republic, 2017, No. 5, Article 765, No. 9, Article 1650, No. 10, article 1789, No. 12 (the book I), Articles 2314, 2321; 2018, No. 1, Article 54, No. 2, Articles 200, 219, No. 3, Articles 416, 430, 448, No. 5, Articles 916, 919, No. 6, Article 1243, No. 9, Articles 1828, 1840, No. 11, Articles 2274, 2289, No. 12 (book I), Article 2540, 2587, 2601; 2019, No. 1, Article 82, No. 2, Article 216, No. 3, Article 431, No. 4, Article 620, No. 5, Articles 819, 824, 835, 866, No. 7, Article 1221, No. 8, Article 1388) words "Agencies on National Debt Management of the Ministry of Finance of the Azerbaijan Republic" words "National Debt Management Agencies and Financial Liabilities under the Ministry of Finance of the Azerbaijan Republic";

Approved by the Presidential decree of the Azerbaijan Republic of October 16, 2019 No. 842

Regulations on the Agency on national debt management and financial liabilities under the Ministry of Finance of the Azerbaijan Republic

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