LAW OF THE AZERBAIJAN REPUBLIC

of October 6, 2020 No. 185-VIQD

About modification of the Labor code of the Azerbaijan Republic, the Laws of the Azerbaijan Republic "About formation (vocational education) of persons with limited opportunities of health", "About state registration and the state register of legal entities", "About education", "About preschool education", "About professional education", "About the rights of persons with disability" and "About the general education"

Being guided by Item 1 of part I of article 94 of the Constitution of the Azerbaijan Republic, Millie decides Majlis of the Azerbaijan Republic:

Article 1. In the Labor code of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 1999, No. 4, Article 213; 2001, No. 3, Article 143, No. 6, Article 362, No. 11, Articles 672, 679, No. 12, Article 731; 2002, No. 1, Article 2, No. 5, Article 241, No. 6, Article 328; 2003, No. 1, Articles 9, 23; 2004, No. 1, Article 10, No. 2, Article 57, No. 3, Article 133, No. 6, Article 413, No. 7, Article 505, No. 9, Article 672, No. 12, Article 981; 2005, No. 3, Article 151, No. 4, Article 278, No. 7, Article 560, No. 10, Article 874, No. 11, Article 1001, No. 12, Article 1094; 2006, No. 3, Articles 220, 222, No. 5, Article 385, No. 11, Article 923, No. 12, Articles 1004, 1025, 1030; 2007, No. 5, Articles 401, 437, No. 6, Article 560, No. 8, Article 756, No. 11, Articles 1049, 1053; 2008, No. 3, Article 156, No. 7, Articles 600, 602, No. 10, Article 887, No. 11, Article 960; 2009, No. 2, Article 48, No. 5, Article 294, No. 6, Article 399, No. 12, Articles 949, 969; 2010, No. 2, Articles 70, 75, No. 4, Article 275; 2011, No. 1, Article 11, No. 2, Articles 70, 71, No. 6, Article 464, No. 7, Article 598; 2012, No. 11, Article 1054; 2013, No. 2, Articles 89, 101, No. 11, Article 1268; 2014, No. 2, Article 92, No. 10, Article 1162, No. 11, Article 1339, No. 12, Article 1527; 2015, No. 2, Article 97, No. 3, Article 250, No. 6, Article 680; 2016, No. 2 (book I), Articles 190, 201, No. 5, Article 847, No. 11, Article 1767; 2017, No. 6, Articles 1031, 1048, No. 12 (book I), Article 2187, 2189; 2018, No. 1, Article 13, No. 6, article 1155, No. 7 (book I), Articles 1380, 1408, No. 12 (book I), Article 2532; 2019, No. 1, Article 35, No. 4, Article 570, No. 5, Articles 796, 804, No. 7, Article 1182, No. 8, Article 1380; 2020, No. 1, Article 1, No. 5, Article 522, No. 7, Article 832) to make the following changes:

1.1. regarding the 2nd Article 12 before the words "and also" to add with words "the signed employment contract on occupation pedagogical activities with person who the law is forbidden to be engaged in pedagogical activities";

1.2. in the paragraph the twelfth 66, the first offer of part "Note" of Article 70 of the word "and in organizations of professional education (in relation to training on senior secondary education)" shall be replaced with words Articles "organizations (in relation to training on the general education - in other state educational institutions)";

1.3. in part 5 of Article 67-1 of the word "can be the basis" to replace with the word "basis";

1.4. under Article 67-2:

1.4.1. in the name and part 1 of the word "and in organizations of professional education (in relation to training on senior secondary education)" shall be replaced with words "organizations (in relation to training on the general education - in other state educational institutions)";

1.4.2. regarding 4 words "can be the basis" to replace with the word "basis";

1.5. at the end of the Item "e)" of part 1 of article 74 to replace point with semicolon and to add this part with the Item "f)" of the following content:

"f) in case of identification of execution of an employment agreement on occupation pedagogical activities with person who the law is forbidden to be engaged in pedagogical activities.".

Article 2. In the Law of the Azerbaijan Republic "About education of persons with limited opportunities of health (vocational education)" (Collection of the legislation of the Azerbaijan Republic, 2001, No. 7, Article 442; 2008, No. 7, Article 602; 2011, No. 2, Article 71; 2015, No. 2, Article 83; 2017, No. 7, Article 1258; 2019, No. 5, Article 797; 2020, No. 6, Article 664, No. 7, Article 828) to make the following changes:

2.1. in Article 1.0.9 the word "created" shall be replaced with words "the performing educational process on the basis of special state standards of education";

2.2. state Article 1.0.12 in the following edition:

"1.0.12. inclusive education - involvement of children with limited opportunities of health to training in one class with healthy pupils by creation in educational institution of special conditions and by means of special training;";

2.3. at the end of Article 1.0.15 to replace point with semicolon and to add with Articles 1.0.16 and 1.0.17 of the following content:

"1.016. the assistant to the teacher - the qualified specialist giving help to the teacher in the organization of pedagogical process in educational institutions in which inclusive education is implemented;

1.0.17. stationary training - the organization of the general education in medical institutions according to the appropriate educational programs according to the procedure, established by body (organization) determined by relevant organ of the executive authority for persons which are on long-term treatment.";

2.4. under Article 12:

2.4.1. in the name and Article 12.1 to replace the word "integrated" with the word "inclusive";

2.4.2. state Article 12.3 in the following edition:

"12.3. The procedure for the organization of inclusive education is established by body (organization) determined by relevant organ of the executive authority.";

2.5. In Article 24.3 of the word "final assessment (certification)" shall be replaced with words "final assessment".

Article 3. At the end of article 5.4.9 of the Law of the Azerbaijan Republic "About state registration and the state register of legal entities" (Collection of the legislation of the Azerbaijan Republic, 2004, No. 1, Article 8; 2005, No. 1, Article 1, No. 8, Article 700; 2006, No. 2, Article 70; 2008, No. 2, Article 49; 2010, No. 4, Article 265; 2012, No. 1, Article 2, No. 7, Article 651; 2013, No. 12, Article 1479; 2014, No. 2, Article 78, No. 7, Article 769, No. 11, Article 1356, No. 12, Article 1526; 2015, No. 11, Article 1259; 2016, No. 4, Article 644, No. 10, Article 1606; 2017, No. 5, Articles 709, 724, No. 10, Article 1775; 2018, No. 12 (book I), Articles 2471, 2531; 2019, No. 1, Articles 16, 21, No. 2, Article 176, No. 6, Article 999, No. 7, Article 1203; No. 6, Article 675, No. 8, Article 1017) point to replace 2020, with semicolon and to add with Article 5.4.10 of the following content:

"5.4.10. the document on approval of candidate for the head of educational institution, founder (founders) of which are foreigners, stateless persons or foreign legal entities, including educational institution, more than 51 percent of the authorized capital or shares of which belong to foreigners, stateless persons or foreign legal entities, and his deputy with body (organization) determined by relevant organ of the executive authority.".

Article 4. In the Law of the Azerbaijan Republic "About education" (Collection of the legislation of the Azerbaijan Republic, 2009, No. 9, Article 684; 2011, No. 2, Article 70; 2014, No. 1, Article 3; 2015, No. 11, Article 1266; 2016, No. 1, Article 41, No. 11, Article 1766; 2017, No. 2, Article 145, No. 5, Article 691, No. 7, Articles 1277, 1300, No. 12 (book I), Article 2202; 2018, No. 7 (book I), Articles 1381, 1409, No. 11, Article 2208; 2019, No. 5, Article 798, No. 7, Article 1190, No. 8, Article 1382, No. 11, Article 1684, No. 12, Article 1881; 2020, No. 5, Article 508, No. 6, of Article 662, of 669, No. 7, of Article 824, of 830) to make the following changes:

4.1. in Articles 1.0. 6, 1.0.6-1, name of Article 36-2, Articles 36-2. 36-2.2 and 36-2.4 words "and in organizations of professional education (in relation to training on senior secondary education)" shall be replaced with words 1, "organizations (in relation to training on the general education - in other state educational institutions)";

4.2. in Article 2.1 before the words "About Professional Education" to add with the words "About the General Education",";

4.3. in Article 5.2 shall be replaced with words the word "nationalities" "ethnic origin";

4.4. in Article 6.7 after the word "special" to add with the word "educations";

4.5. in the first offer of Article 7.2 after the words "state standards of education" to add with the words "or the educational programs accredited at the international level";

4.6. in Article 13.2 of the word "and individual" shall be replaced with words ", individual education and stationary";

4.7. under Article 14:

4.7.1. in Article 14.5.2 after the words "educational organizations nursing homes of the integrated training" to add with words ", general education boarding schools for the children deprived of parent guardianship, educational institutions of the integrated training, educational organizations nursing homes of the integrated training, gymnasiums nursing homes of the integrated training";

4.7.2. state Article 14.7 in the following edition:

"14.7. In the remote rural zones, irrespective of the number of pupils, activities in low-complete form of elementary and general high comprehensive schools are allowed. From initial classes with small amount of pupils complete classes will be organized.";

4.7.3. in Article 14.10 after the word "organizations" to add with words "(except for the public educational institutions)" and the second offer of the following content:

"The dress code of students in the public educational institutions is determined according to the Law of the Azerbaijan Republic "About the general education".";

4.8. in the second offer of Article 16.4 to replace the word of "certificate" with the word "certificates";

4.9. in the second offer of Article 17.2 to exclude words "estimates or";

4.10. under Article 19:

4.10.1. state Article 19.4 in the following edition:

"19.4. The step of the general education in the Azerbaijan Republic includes stage of preparation for school, levels of initial, general average and senior secondary education.";

4.10.2. in Article 19.6 to add with the second offer of the following content:

"The comprehensive school can be organized and separately in the form of elementary, general high and complete high school.";

4.10.3. in Article 19.7 of the word "provide physical development and different" shall be replaced with words "sport and";

4.10.4. in Article 19.8 "medal" to replace the word with the word "sign";

4.10.5. state Articles 19.9 and 19.13 in the following edition:

"19.9. The purpose of primary education is instilling in students of skills of reading, the letter and arithmetics, patriotism and respect for values of the Azerbaijani people, the state symbols, forming at them basic knowledge about the person, society and the nature, the life skills directed to forming of the personality, simple labor habits, elements of logical thinking, art and esthetic qualities and other properties.";

"19:13. The purpose of general secondary education is ensuring forming at students of the standard of speech, the letter and communication, healthy lifestyle, their education in the spirit of fidelity to the state and statehood, values of the Azerbaijani people and universal values, respect for human rights and freedoms, development of cognitive activity and logical thinking, ability to apply knowledge gained according to the appropriate educational program, to use modern information and communication technologies, to estimate the events happening in society, to determine the future conduct of life and activities, to independently study and make decisions, preparation for choice of profession and labor activity.";

4.10.6. in the third offer of Article 19.14 after the word "acceptance" to add with the word of "pupils";

4.10.7. repeal Article 19.16;

4.10.8. state Article 19. 17, 19.19, 19.20 and 19.21 in the following edition:

"19:17. At the level of senior secondary education realization of talent and capabilities of students, preparation for independent life, forming at them is provided to active civic stand and competitiveness, tolerance to universal values, free and effective use of modern sources of information, mastering economic outlook, communication in one or several foreign languages, etc.";

"19:19. At the level of general secondary education education will be organized on profiles (humanitarian, technical, natural, etc.). Profile classes are completed in number of at least 15 pupils. Reduction of number of pupils in profile classes within academic year does not limit continuation of activities of these classes.

19:20. For the purpose of gain score of the students who completed levels of general average and senior secondary education of step of the general education, and issue of the state education document in graduation classes (IX and XI classes) of educational institutions the final assessment of students according to the procedure, established by body (organization) determined by relevant organ of the executive authority is held, and the student for their achievements are handed the certificate, the certificate of difference and the certificate of special sample.

19:21. The state document on the general education is the basis for continuation of education at the following level or the following step and the beginnings of labor activity.";

4.11. under Article 29:

4.11.1. in Articles 29.0.2 and 29.0.3 to exclude the word "national";

4.11.2. in Article 29.0.29 of the word "and in organizations of professional education (in relation to training on senior secondary education)" shall be replaced with words "organizations (in relation to training on the general education - in other state educational institutions)" and in this Article before the word "certification" to add with the word "final";

4.11.3. in Article 29.0.33 the word "educational" shall be replaced with words "educational and methodical";

4.11.4. in Article 29.0.36 after the word "technologies" to add with words ", digital educational resources";

4.11.5. in Article 29.0.43 of the word "and organizations of professional education (in relation to training on senior secondary education)" shall be replaced with words "organizations (in relation to training on the general education - other state educational institutions)";

4.12. under Article 30:

4.12.1. state Article 30.3 in the following edition:

"30.3. The supreme body of management in local or private educational institution is determined by the charter of this educational institution.";

4.12.2. repeal Article 30.4;

4.13. under Article 31:

4.13.1. in Article 31.0.2 of the word of "children's school associations" shall be replaced with words "children's consolidation", the words "librarians of educational institution" - the words "laboratory assistants, librarians, workers of the sphere of social servicing" and in this Article after the word "trainers", to add with the words "other persons who are engaged in educational institutions in pedagogical and management activity and also";

4.13.2. add with Article 31.0.2-1 of the following content:

"31.0.2-1. educational support personnel - employees of health service and other workers;";

4.13.3. in Article 31.0.4 before the word "educations" to add with words "founders, and also;

4.14. under Article 32:

4.14.1. in Article 32.3.2 of the word "and teaching language" shall be replaced with words ", language of teaching and foreign language";

4.14.2. in Article 32.3.3 before the word to add "state" with the words "in morally and psychologically healthy pedagogical circle";

4.14.3. in Article 32.3.4 after the word "occupation" to add with words ", including after-hour occupation (optional rates)";

4.14.4. in Article 32.3.6 before the word of "libraries" to add with words of "laboratories";

4.14.5. in Article 32.3.10 the word "health" shall be replaced with words "life and health";

4.14.6. state Articles 32.3.11 and 32.3.18 in the following edition:

"32.3.11. be protected from degrading honor and advantage of cases of physical, moral and psychological abuse and the actions contradicting human rights;";

"32.3.18. participate in the actions connected with education and oriented to development (the Olympic Games, competitions of knowledge, subject tenders, conferences, seminars, programs and projects);";

4.14.7. in Article 32.3.13 after the word of "body" to add with words of "body (organization) determined";

4.14.8. add with Articles 32.3.18-3, 32.5.1-1 and 32.5.1-2 of the following content:

"32.3.18-3. use possibilities of out-of-school educational institutions for enhancement of the knowledge and skills;";

"32.5.1-1. not allow evasion from lessons of the disrespectful reasons, timely and qualitatively to perform tasks;

32.5.1-2. lead healthy lifestyle;";

4.15. under Article 33:

4.15.1. in Article 33.2.2 after the word "do" to add with words ", to make proposals";

4.15.2. in Article 33.2.3 after the word "choose" to add with words ", to be provided with methodologies";

4.15.3. in Article 33.2.5 of the word "and in appropriate cases elective" to replace with the word", elective";

4.15.4. in Article 33.2.6 to exclude the words "improve skills";

4.15.7. in Article 33.3.2 after the word of "programs" to add with the word of "(kurrikulum)" and after the word "do" - words ", to give quality education";

4.15.8. in Article 33.3.4 to exclude words "personal example";

4.15.9. in Article 33.3.5 before the word "pedagogical" to add with the words "ethical rules of conduct";

4.15.10. add with Article 33.3.5-1 of the following content:

"33.3.5-1. follow rules of internal discipline and perform the labor functions defined by the employment contract;";

4.15.11. in Article 33.3.7 after the word "constrain" to add with words ", to participate in protection of safety and health of students";

4.15.12. in Article 33.3.8 after the word "messages" to add with the words "study and implement the advanced pedagogical practicians, modern interactive training methods, innovations";

4.15.13. add with Articles 33.3.8-1 and 33.3.8-2 of the following content:

"33.3.8-1. cooperate with parents, inform parents on progress of students;

33.3.8-2. cooperate with management, the psychologist of educational institution and colleagues, to hold consultations on training and development of students;";

4.15.14. in Article 33.3.9 of the word "and in organizations of professional education (in relation to training on senior secondary education)" shall be replaced with words "organizations (in relation to training on the general education - in other state educational institutions)";

4.16. add with Article 34.2.2-1 of the following content:

"34.2.2-1. follow rules of internal discipline of educational institution, protect its goodwill;";

4.17. in Article 35.1 after the word "State" to add with the words "and municipality";

4.18. in Article 36.1 the second offer to consider the third offer and to add with the second offer of the following content:

"Social protection training in educational institutions is determined by this Law, the laws of the Azerbaijan Republic "About the general education", "About professional education", "About preschool education" and other laws of the Azerbaijan Republic, and also the charter of educational institution.";

4.19. in Article 36.4 after the word "limited" to add with the words "performing inclusive education";

4.20. in Article 36.5 the word "body" shall be replaced with words "the body (organization) determined by body";

4.21. under Article 41:

4.21.1. in the name after the word "entrepreneurship" to add with the words "and innovation";

4.22.2. state Article 41.1 in the following edition:

"41.1. The educational institution within the charter according to the profile and activities, proceeding from priority of education, can be engaged in the types of business activity established by body (organization) determined by relevant organ of the executive authority, and innovative activities.";

4.21.3. in the second offer of Article 41.2 after the words "on development of education" to add with words ", encouragement of students";

4.21.4. add with Articles 41.4 and 41.5 of the following content:

"41.4. For ensuring business and innovative activity under educational institution the respective experienced and production rooms can be created, be given additional classes, be organized on paid basis of mug, rates on interests, exhibitions etc.

41.5. Employees of educational institutions have the right to act with improvement suggestions and to be engaged in innovative activities.".

Article 5. In the Law of the Azerbaijan Republic "About preschool education" (Collection of the legislation of the Azerbaijan Republic, 2017, No. 6, Article 1012; 2019, No. 6, Article 986, No. 12, Article 1881; 2020, No. 6, Article 664, No. 7, of Article 831, of 851) to make the following changes:

5.1. in Article 1.0.11 to replace the word "shot" with the word "worker";

5.2. in Article 4.0.16 "personnel" to replace the word with the word "workers";

5.3. in Article 12.1-1 to add with the third or fifth offers of the following content:

"The deputy manager of preschool educational institution, founder (founders) of which are foreigners, stateless persons or foreign legal entities, including preschool educational institution, more than 51 percent of the authorized capital or shares of which belong to foreigners, stateless persons or foreign legal entities, shall be the citizen of the Azerbaijan Republic. The candidate for the head of this educational institution and its deputy is approved with body (organization) determined by relevant organ of the executive authority. State registration of this educational institution is performed after approval of candidate for the head of educational institution and its deputy.";

5.4. in the first offer of Article 13.5 to replace the word of "certificate" with the word "certificates".

Article 6. In the Law of the Azerbaijan Republic "About professional education" (Collection of the legislation of the Azerbaijan Republic, 2018, No. 6, Article 1152; 2019, No. 5, Article 799, No. 6, Article 986, No. 11, Article 1685; 2020, No. 5, of Article 508, of 514, No. 7, of Article 831, of 851) to make the following changes:

6.1. state Article 10.10 in the following edition:

"10:10. Assessment and recognition of knowledge, abilities, competences and experience acquired in informal and informalny forms of professional education is performed according to article 17.4 of the Law of the Azerbaijan Republic "About education".";

6.2. add with Article 12.3-1 of the following content:

"12.3-1. "The deputy manager of professional educational institution, founder (founders) of which are foreigners, stateless persons or foreign legal entities, and also professional educational institution, more than 51 percent of the authorized capital or shares of which belong to foreigners, stateless persons or foreign legal entities, shall be the citizen of the Azerbaijan Republic. The candidate for the head of this educational institution and its deputy is approved with body (organization) determined by relevant organ of the executive authority. State registration of this educational institution is performed after approval of candidate for the head of educational institution and its deputy.";

6.3. in Article 13.7 to replace the word of "certificate" with the word "certificates";

6.4. in the first offer of Article 13.8 of the word "complete average" to replace with the word "general".

Article 7. In the Law of the Azerbaijan Republic "About the rights of persons with disability" (Collection of the legislation of the Azerbaijan Republic, 2018, No. 7 (the book I), Article 1386; 2019, No. 3, Article 381, No. 5, Article 797, No. 8, Article 1382; 2020, No. 7, Article 831) to make the following changes:

7.1. in Article 1.0.15 before words "other persons" to add with words "creation of special conditions and by means of special training";

7.2. in Article 20.1 after the words "About Education"," to add with the words "About the General Education",".

Article 8. In the Law of the Azerbaijan Republic "About the general education" (Collection of the legislation of the Azerbaijan Republic, 2019, No. 5, Article 789; 2020, No. 6, Article 664, No. 7, Article 851) to make the following changes:

8.1. in Article 1.0.21 of the word "creation and" to replace with the word "creation";

8.2. repeal Article 1.0.24;

8.3. in Article 1.0.33 of the word "permanent physical, mental, mental or emotional disturbances" shall be replaced with words "the physical defect, intellectual and (or) mental backwardness";

8.4. in Article 4.0.29 to replace the word "personnel" in the corresponding cases of noun with the word "workers" in the corresponding cases of noun;

8.5. in Article 13.8 to add with the second offer of the following content:

"The procedure for the organization of day-care centers in the public educational institutions is established by body (organization) determined by relevant organ of the executive authority.";

8.6. in Article 18.2 "service" to replace the word with the word "help";

8.7. in Articles 19.1 and 19.2 shall be replaced with words the word of "body" "body (organization) determined by body";

8.8. in Article 20.3 after the word "Law" to add with the words "About Public Legal Entities" and", and in this Article to replace the word "Law" with the word "laws";

8.9. in Article 23.2.5 of the word "qualification degree" shall be replaced with words "qualification and academic degree";

8.10. state Article 31.2 in the following edition:

"31.2. For ensuring business and innovative activity under educational institution the respective experienced and production rooms can be created, be given additional classes, be organized on paid basis of mug, rates on interests, exhibitions etc.".

 

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