LAW OF THE AZERBAIJAN REPUBLIC

of October 21, 2005 No. 1036-IIQ

About administrative production

The purpose of this Law consists in ensuring compliance with human rights and freedoms by administrative authorities and achievement of rule of law.

Chapter I. General provisions

Article 1. The rules established by the Law

1.1. This Law establishes the legal basis, the principles and procedural rules of the activities performed by administrative authorities in connection with acceptance, execution or cancellation of administrative acts.

1.2. Provisions of this Law are applied also to other activities (actions) of the actual nature of administrative authorities in relation to physical or legal entities.

Article 2. The basic concepts used in the Law

2.0. The basic concepts used in this Law have the following values:

2.0.1. administrative authority - relevant organs of the executive authority of the Azerbaijan Republic, their local (structural) and other organizations, municipalities, and also any physical or legal entities authorized based on the law to adopt administrative acts.

2.0.2. the administrative act - the decision, the order or the imperious measures of other nature taken by administrative authority for the purpose of settlement or the solution of certain (specific) question in the all-legal (public) sphere and generating certain legal effects for the physical or legal entity (persons) to whom, (which) it is addressed.

2.0.3. the interested person - person who addressed to administrative authority in connection with adoption of the administrative act or making of the corresponding action or concerning which the administrative act is adopted or is made the corresponding action (failure to act), or any physical person or legal entity, the administrative act provided to acceptance or accepted by administrative authority or action of administrative authority and which is involved in administrative production based on the petition or at the initiative of administrative authority in the cases following from his official position affected or can directly affect the rights or interests of which protected by the law.

2.0.4. the statement - the written appeal of the interested person to administrative authority in connection with adoption of the administrative act or implementation any belonging to it it is right.

2.0.5. the administrative claim - the written appeal of the interested person to administrative authority, higher on subordination, in connection with the administrative act, refusal in adoption of the administrative act either action or failure to act of administrative authority for the purpose of protection of the rights and the interests protected by the law.

2.0.6. administrative production - acceptance, execution, change or cancellation of the administrative act based on the address of physical or legal entities or on own initiative administrative authorities, and also the activities for consideration of administrative claims performed by the relevant administrative authorities within the procedural rules established by this Law.

2.0.7. discretion - provided by the law to administrative authority or the official of option of one of the possible decisions corresponding to the law.

2.0.8. mutual trust - the trust based on certain lawful acts or administrative practice in the relations between the physical or legal entity and administrative authority.

2.0.9. the intermediate administrative act - the act adopted by administrative authority in connection with the organization or implementation of specific production.

2.0.10. the favorable administrative act - the act which is granting the rights to the interested person either confirming its right or removing the obligation (obligations) assigned to it.

2.0.11. the adverse (encumbering) administrative act - the act depriving the interested person of its right or limiting its right or assigning to it certain obligation (obligations).

Article 3. Scope of the Law

3.1. Provisions of this Law are applied to activities of the bodies determined (classified) by the legislation of the Azerbaijan Republic as administrative authorities.

3.2. This Law is not applied to:

3.2.1. criminal procedure activities for criminal prosecution;

3.2.2. activities for cases on administrative offenses of administrative authorities.

3.2-1. Implementation of administrative production in the Alyatsky free economic zone are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

3.3. The provisions supplementing the provisions provided by this Law, or special rules (except cases, the stipulated in Clause 30.5 these Laws) connected with administrative production can be established by special laws of the Azerbaijan Republic.

Article 4. Jurisdiction

4.1. Administrative authorities perform administrative production on the cases referred by the law to their powers.

4.2. The administrative authority shall determine in independent procedure availability of powers at it in connection with consideration of the address.

4.3. Disputes between administrative authorities in connection with jurisdiction or competence are solved the commission. The procedure for resolution of disputes in connection with jurisdiction and competence of administrative authorities is established by relevant organ of the executive authority.

Article 5. Mutual legal assistance between administrative authorities

5.1. The administrative authority shall within the powers and opportunities to give legal assistance to other administrative authority based on the appeal of this body.

5.1-1. Except for articles 7.1 and 7.2 of this Law, the administrative authority shall provide provision of legal assistance within 15 days from the moment of receipt of the address. If provision of legal assistance requires more time, the administrative authority can extend the term of provision of legal assistance up to 15 days with provision of reasonable written information to other administrative authority which addressed it for this purpose.

5.2. Rendering mutual aid by the administrative authorities which are in the subordination relations from the point of view of subordination is not considered mutual legal assistance.

Article 6. Conditions of legal assistance

6.0. The administrative authority can ask for legal assistance in the following cases:

6.0.1. in case of inability to independently perform any action for the reasons of legal and actual nature;

6.0.2. in case of reclamation of the facts unknown to it in case of the solution of certain question and not able to be established by it independently;

6.0.3. if the requested for the solution of certain question, necessary documents or other proofs are at the disposal of the relevant administrative authority which asked for legal assistance;

6.0.4. if the necessary expenses required for the independent solution of certain question exceed the expenses required for the solution of the matter by other administrative authority according to the procedure of legal assistance.

Article 7. The bases for refusal in rendering legal assistance

7.1. The administrative authority can refuse rendering legal assistance in the following cases:

7.1.1. if implementation of the measures required according to the procedure of legal assistance is not included into its power established by the legislation;

7.1.2. if measures which need to be performed according to the procedure of legal assistance contradict the right;

7.1.3. if rendering legal assistance in essential degree interferes with accomplishment of its own functional obligations;

7.1.4. if the documents and (or) data requested according to the procedure of legal assistance are this or that secret protected by the law;

7.2. The administrative authority shall not give legal assistance in the following cases:

7.2.1. if other administrative authority can give legal assistance easier way or with smaller costs;

7.2.2. if this administrative authority can give legal assistance only at the expense of the heavy expenses incommensurable to the required help.

7.3. In case of refusal administrative authority from rendering legal assistance, it shall provide the written message on it to the administrative authority which addressed it with this purpose, during not later than three days from the date of receipt of the address.

7.4. The administrative authority which submitted the address can address to the higher administrative authority performing control functions concerning body to which the address, for consideration of question of refusal in legal assistance arrived.

The matter within 5 days is considered by higher administrative authority and the final decision is passed. In case of recognition of refusal in legal assistance unreasonable, the higher administrative authority gives the corresponding task to administrative authority to which the address about legal assistance, about immediate rendering this help arrived.

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