PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of March 19, 2007 No. 560

About creation of the Public migratory service of the Azerbaijan Republic

For the purpose of implementation of state policy in the sphere of migration, development of management system it, regulation and forecasting of migratory processes, coordination of activities of the relevant state bodies in this sphere, being guided by Item 7 of article 109 of the Constitution of the Azerbaijan Republic, I decide:

1. Create the Public migratory service of the Azerbaijan Republic.

2. Approve "Provision on the Public migratory service of the Azerbaijan Republic" it (is applied).

3. Charge to the Cabinet of Ministers of the Azerbaijan Republic within one month:

3.1. develop and provide to the President of the Azerbaijan Republic structure, expense budget and the numerical list of employees of the Public migratory service of the Azerbaijan Republic;

3.2. for the purpose of the organization of activities of the Public migratory service of the Azerbaijan Republic to resolve issues of allocation of the respective building and material logistics;

3.3. develop and provide to the President of the Azerbaijan Republic offers on reduction of the existing legal acts to compliance with this Decree;

3.4. provide reduction of regulatory legal acts of the Cabinet of Ministers of the Azerbaijan Republic and the relevant central executive bodies in compliance with this Decree and inform on it the President of the Azerbaijan Republic;

3.5. resolve other issues following from this Decree.

4. Determine that prior to activities of the Public migratory service of the Azerbaijan Republic the relevant central executive body continues accomplishment of the tasks specified in "Provision on the Public migratory service of the Azerbaijan Republic".

5. This Decree becomes effective from the date of publication.

Approved by the Presidential decree of the Azerbaijan Republic of March 19, 2007 No. 560

Regulations on the Public migratory service of the Azerbaijan Republic

I. General provisions

1. The public migratory service of the Azerbaijan Republic (further - the Public migratory service) is the central executive body having the status of law enforcement agency performing state policy in the sphere of migration and the powers established by the legislation of the Azerbaijan Republic on management and regulation of migratory processes.

2. The public migratory service in the activities is guided by the Constitution of the Azerbaijan Republic, the Laws of the Azerbaijan Republic, Decrees and Orders of the President of the Azerbaijan Republic, resolutions and orders of the Cabinet of Ministers of the Azerbaijan Republic, international treaties which participant is the Azerbaijan Republic, and this Provision.

3. In case of accomplishment of the tasks and implementation of the rights the Public migratory service interacts with central, local executive bodies and local government bodies, and also the international and non-governmental organizations.

4. Activities of the Public migratory service are based on the principles of respect of rights and freedoms of man and citizen, legality and humanity.

5. The public migratory service has separate balance, the state-owned property which is according to the legislation at its disposal, state and bank accounts, seal with the image of the State Emblem of the Azerbaijan Republic and own name, official emblem, the corresponding stamps and forms.

6. Financing of activities of the Public migratory service is performed at the expense of the government budget of the Azerbaijan Republic and other not stipulated by the legislation sources.

7. The public migratory service is in the city of Baku.

II. Activities of the Public migratory service

8. Activities of the Public migratory service are:

8.1. take part in forming of single state policy in the sphere of migration, provide implementation of this policy and coordinate activities of competent state bodies in this sphere;

8.2. within the powers to exercise control also regulation of migratory processes;

8.3. exercise the state control over migratory processes;

8.3-1. performs law-enforcement activities;

8.3-2. performs powers of single state body by the principle of "one window" in management of migratory processes;

8.4. provide execution of the legislation of the Azerbaijan Republic on immigration, take part in regulation of emigration and internal migration;

8.5. together with competent state bodies to take part in development and implementation of actions for prevention of illegal migration;

8.6. take part in consideration of questions of provision of citizenship of the Azerbaijan Republic and political asylum;

8.7. provide execution of the legislation of the Azerbaijan Republic on the refugees (who are looking for shelter);

8.8. provide use of single accounting system in the sphere of migration and perform monitoring;

8.9. provide accomplishment of the obligations undertaken by the Azerbaijan Republic on the questions regulated by international treaties of the Azerbaijan Republic and relating to powers of the Public migratory service;

8.10. perform activities in other directions established by the legislation.

III. Tasks of the Public migratory service

9. According to the activities established by this Provision State migratory services carries out the following tasks:

9.1. develop the main directions of state policy in the sphere of migration, provide their implementation with the assistance of competent state bodies;

9.2. analyze, predict immigration, emigratory and internal migratory processes and take measures, prepare offers on their regulation;

9.3. perform monitoring in the sphere of migration and according to its results to take adequate measures;

9.4. within the powers to perform normative regulation in the sphere of migration;

9.5. coordinate activities central and local executive bodies in the sphere of management of migration;

9.6. record invitations of persons wishing entry into the Azerbaijan Republic of foreigners and stateless persons; in the presence of the bases established by the legislation to resolve issues of prolongation of terms of temporary stay in the Azerbaijan Republic of foreigners and stateless persons, and also in case of the positive solution of question, provides issue of the decision on prolongation of term of temporary stay in the Azerbaijan Republic of specified persons;

9.7. in the procedure established by the legislation issues permission to permanent residence, including provides issue of the allowing certificate for temporary or permanent residence of specified persons in the Azerbaijan Republic;

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