RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of February 7, 2006 No. 38

About approval of some regulatory legal acts in connection with application of the Law of the Azerbaijan Republic "About receipt of information"

For the purpose of ensuring execution of Items 1. 1.5 and 1.6 Orders of the President of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About receipt of information" of December 9, 2005 the No. 326 Cabinet of Ministers of the Azerbaijan Republic decides 4,:

1. Approve "Storage precautions, completing and protection of documents", "Rules of creation, storage and periodic updating of the document register" and "Rules of use of the document register" (are attached).

2. This resolution becomes effective from the date of signing.

Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of February 7, 2006 No. 38

Storage precautions, completing and protection of documents

1. General provisions

1.1. These rules are prepared according to Item 1.4 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About receipt of information" of December 9, 2005 No. 326.

1.2. These rules regulate storage, completing and protection of documents by owners of information according to the Law of the Azerbaijan Republic "About receipt of information".

1.3. According to the Law of the Azerbaijan Republic "About receipt of information" state bodies and municipalities, and also the legal entities (including legal entities of the public law) performing public functions, and also the private legal entities providing services in education, health cares, cultures and the social sphere based on regulatory legal acts or the agreement and physical persons are considered as owners of information. On these legal entities and physical person obligations of owners of information concerning the information arising or received as a result of execution only of public functions or rendering services in education, health cares cultures and the social sphere provided on the basis of regulatory legal acts or the agreement extend.

1.4. The legal entities who are holding dominant position in the goods market, having special or exclusive rights or natural monopoly are equated to owners of information concerning conditions of goods offering and services and their prices, changes in the specified conditions and the prices, and the non-profit organizations, off-budget funds which are in state-owned property or in dependences, and also commercial associations, member or the member of whom is the state, - concerning information concerning the funds allocated from the government budget, or use of the property selected with it.

2. Document storage

2.1. The information with any detail registered on the material carrier in text, sound or graphic form and allowing identification is considered the documented information, irrespective of source, the storage location, the official status, type of property, creation or not creation by the organization to which it belongs (further - the document).

2.2. The owner of information has the document in stated below cases:

2.2.1. if the document which is available for the owner of information does not belong to other owner of information;

2.2.2. if the document which is available for other owner of information belongs to the owner of information;

2.3. The document is stored in special storage locations according to "The standard list of the documents resulting from activities of executive bodies of managements, companies and organizations with indication of storage duration of documents" and according to requirements for storage of archive documents.

2.4. On the documents intended for office use and (or) in folders where they are stored, the record "For Office Use" is made. On the documents reflecting personal data and (or) in the folder where they are stored, record "Is made for office use. Personal data". In each of two cases on documents or folders where they are stored, shall be specified the date of entry into force of restriction and loss of its force.

2.5. Storage of classified documents is regulated by the relevant legislation.

3. Completing of documents

3.1. Completing of documents is meant as amendment by their relevant documents in regular procedure.

3.2. The management and control of completing of documents is exercised directly by the owner of information.

3.3. Work on completing of documents includes the following processes:

3.3.1. studying of contents of documents;

3.3.2. determination of compliance of documents;

3.3.3. application of documents to other relevant documents.

4. Protection of documents

4.1. For the purpose of ensuring protection of documents it is necessary to perform the following package of measures:

4.1.1. create optimal conditions for protection of documents;

4.1.2. control issue of documents in use;

4.1.3. check availability and physical condition of documents;

4.1.4. create insurance and user fund for especially important documents.

4.2. Documents are protected with use of special cages, shelves, safes, boxes, folders or other special means.

4.3. For the purpose of creation of optimal conditions for protection of documents security rooms where documents are stored, shall be equipped with remedies from the fires and fire-proof signaling systems, it is necessary to provide the optimum temperature (humidity) there and to use the technical means creating the sanitary and hygienic mode.

4.4. The archive documents arriving in National Archive Fund are given in the relevant Public Records Offices on permanent storage after the terms specified in article 10 of the Law of the Azerbaijan Republic "About National Archive Fund".

5. Responsibility

The owner of information bears responsibility for stores organization, completing and protection of the documents which are available for it according to these rules.

Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of February 7, 2006 No. 38

Rules of creation, storage and periodic updating of the document register

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