PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of October 28, 2004 No. 138

About approval of the Provision of Management on fight against corruption in case of the Attorney-General of the Azerbaijan Republic and the general numerical list of staff of prosecutor's office

For the purpose of ensuring activities of Management for fight against corruption in case of the Attorney-General of the Azerbaijan Republic I decide:

1. Approve the Provision of Management on fight against corruption in case of the Attorney-General of the Azerbaijan Republic and the general numerical list of staff of prosecutor's office it (is applied).

2. Charge to the Cabinet of Ministers of the Azerbaijan Republic in a month:

2.1. prepare and provide to the President of the Azerbaijan Republic offers on reduction of regulatory legal acts to compliance with this Decree;

2.2. resolve the questions connected with providing with the respective building and material and technical resources for the organization of activities of Management for fight against corruption in case of the Attorney-General of the Azerbaijan Republic;

2.3. resolve other questions following from this Decree.

3. This Decree becomes effective from the date of signing.

Approved by the Presidential decree of the Azerbaijan Republic of October 26, 2005 No. 138

Provision of Management on fight against corruption in case of the Attorney-General of the Azerbaijan Republic

I. General provisions

1. Managements on fight against corruption in case of the Attorney-General of the Azerbaijan Republic (further - "Management") it is created according to the Order of the President of the Azerbaijan Republic of March 3, 2004 No. 114.

2. Management is the structure specializing in area of the pretrial investigation and operational search activities which is carried out in connection with the crimes connected with corruption and submits to the Attorney-General of the Azerbaijan Republic (further - "Attorney-General").

3. In the activities Management is guided by the Constitution of the Azerbaijan Republic, international treaties which the Azerbaijan Republic, the laws of the Azerbaijan Republic, decrees and orders of the President of the Azerbaijan Republic, decisions and orders of the Cabinet of Ministers of the Azerbaijan Republic, this Provision, and also orders, orders and instructions of the Attorney-General joined.

4. Management builds the work according to the basic principles of activities of Prosecutor's office of the Azerbaijan Republic established by the legislation.

II. Obligations of Management

5. In the field of prevention of corruption and fight against corruption Management carries out the fundamental obligations provided below:

5.1. considers the arrived data relating to the offenses connected with corruption and holds the investigation;

5.2. brings criminal case concerning the crimes connected with corruption and conducts preliminary investigation;

5.3. performs activities for prevention, identifications and disclosures of the crimes connected with corruption and exercises control of execution of the laws in this area when implementing based on the written order of Management of investigation and search operations on the crimes connected with corruption, other subjects of operational search activities;

5.4. performs actions, stipulated by the legislation for compensation of the material damage caused as a result of making of the crimes connected with corruption and also ensuring possible confiscation of property;

5.5. researches condition of fight against corruption, collects information on the offenses connected with corruption analyzes, generalizes, and prepares offers and recommendations for increase in efficiency of fight against corruption;

5.6. provides implementation of actions for pretrial investigation, and also safety of witnesses of the victims, persons accused and other persons who are involved in criminal trial during judicial investigation of the specified works;

5.7. regularly informs the President of the Azerbaijan Republic and the Commission on fight against corruption of the Azerbaijan Republic through the Attorney-General on the actions performed in the field of fight against corruption;

5.8. cooperates with state bodies and other structures in the field of fight against corruption;

5.9. provides implementation of actions for safety of staff of Management and their close relatives;

5.10. informs the public on the actions performed in the field of fight against corruption and provides publicity of the activities;

5.11. performs measures for education and prevention in the field of fight against corruption.

6. Management carries out other obligations according to the legislation.

III. Rights of Management

7. For the purpose of implementation of the obligations Management:

7.1 in the cases and procedure established by the legislation requires and receives from physical persons and legal entities, state bodies, their officials of the data, documents and other materials, according to the Law of the Azerbaijan Republic "About the state real estate register" gives the reasonable written requests connected with data acquisition of the state real estate register;

7.2. makes preliminary verification of the arriving data on offenses in the field of corruption, receives explanations, in case of need performs measures for carrying out audits, inventory counts, examinations and other checks according to the procedure, established by the law;

7.3. performs the investigative and other legal proceedings on criminal cases referred to its powers;

7.4. performs all stipulated in Article 10 Laws of the Azerbaijan Republic "About operational search activities" investigation and search operations for the purpose of prevention, identifications and disclosures of the crimes connected with corruption in the procedure established by the specified Law, in case of need are charged to other subjects of operational search activities by holding operational search actions in this area and receives data on the performed actions;

7.5. for the purpose of elimination of the cases creating conditions for making of the offenses connected with corruption applies the public prosecutor's acts provided by the Law of the Azerbaijan Republic "About prosecutor's office";

7.6. if the offenses connected with corruption do not involve criminal liability, sends to the relevant state bodies and the Commission on fight against corruption of the Azerbaijan Republic about these offenses and persons who made them;

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