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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of August 24, 2002 No. 772

About approval of the Regulations on procedure for preparation and adoption of regulatory legal acts of executive bodies

(as amended on 22-05-2018)

1. Approve "Regulations on procedure for preparation and adoption of regulatory legal acts of executive bodies" it (is applied).

2. To consider the presidential decree of the Azerbaijan Republic No. 540 of April 30, 1993 invalid.

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

 

President of the Azerbaijan Republic

G. Aliyev

 

Approved by the Presidential decree of the Azerbaijan Republic of July 27, 2011 No. 483

Regulations on procedure for preparation and acceptance of regulatory legal acts of executive bodies

1. General provisions

1.1. This Provision determines procedure for preparation and acceptance according to the Constitutional Law of the Azerbaijan Republic "About regulatory legal acts" (further – the Constitutional Law) regulatory legal acts of the President of the Azerbaijan Republic, the Cabinet of Ministers of the Azerbaijan Republic, the ministries, committees and other central executive bodies (further - executive bodies).

1.2. The legal force of regulatory legal acts is determined according to article 2 of the Constitutional Law.

2. Preparation of regulatory legal acts

2.1. The general procedure for development and submission to rule-making body of the project of regulatory legal act is determined by articles 45-48 of the Constitutional Law.

2.2. The project of regulatory legal act is developed by structural divisions of the executive authority by which it is accepted, with obligatory participation of legal services of this body. In case of project development of the regulatory legal act relating to cross-industry questions it shall be approved with the structural divisions relating to these industries.

2.3. The project of the regulatory legal act developed on separate industries shall be approved with the central executive bodies, and also other relevant state bodies, the public legal entities created by the President of the Azerbaijan Republic or the Cabinet of Ministers of the Azerbaijan Republic and legal litsamiya which controlling stock (shares) belongs to the state (further - legal entities of the state), performing state policy and regulation in the corresponding industry. In case of project development of the regulatory legal act connected with powers and interests of administrative territorial units their relevant organs are involved in this work.

2.4. Drafts of normative legal acts developed by the Cabinet of Ministers of the Azerbaijan Republic and the central executive bodies from the moment of the direction shall be for review placed on the portal of "the electronic government" (except for projects in which information, access to which is limited by the law, is reflected). If project proposals of the regulatory legal acts placed on the portal are acknowledged reasonable they are considered if are not acknowledged reasonable, the reasoned answer is submitted to person who made the offer.

2.5. If to the central executive body performing state policy and regulation in the corresponding industry, the higher state body charges project development of regulatory legal act, in the order the central executive body performing state policy and regulation in the corresponding industry shall be determined as the main contractor with obligatory specifying of completion date and the order is sent to state bodies and legal entities of the state with whom it is necessary to approve the project.

2.6. If at the scheduled time it is impossible to execute the order on preparation of the project of regulatory legal act, the contractor of the order represents to higher state body the offer on prolongation of term with indication of the reasons of prolongation and possible date of accomplishment. Such proposal shall be submitted in 7 working days before the end of accomplishment of the order.

2.6-1. Change can be brought in the regulatory legal act adopted (approved) in coordination with higher state body, other relevant state bodies and legal entities of the state only after coordination with the specified state bodies and legal entities of the state. In such regulatory legal act the procedure for introduction of change in it is specified.

2.7. Except for the circumstances provided in Item 2.8 of this provision according to article 46.4 of the Constitutional Law if other is not provided in acts of the President of the Azerbaijan Republic and the Cabinet of Ministers of the Azerbaijan Republic, in case of coordination of the project of regulatory legal act approval or variation by state body and the legal entity of the state of the corresponding project is performed no later than 60 days from the date of receipt of the project in accordance with the established procedure, and its vising no later than 5 days.

2.8. If in acts of the President of the Azerbaijan Republic or the Cabinet of Ministers of the Azerbaijan Republic on project development of regulatory legal act term in three months and less is allotted, the attitude towards the arrived for review in the relevant state body and legal entity of the state shall be expressed to the project within 10 days.

2.9. If the message on coordination is not submitted in time, established by Items 2.7 and 2.8 of this provision, and at the same time there is no need for prolongation of term of coordination or the refusal of prolongation of this term is not reasonable, the project of regulatory legal act is considered approved and the corresponding cover letter sent to the state body and to the legal entity of the state which timely did not provide information on coordination is attached to the project provided to rule-making body.

2.9-1. The draft of the regulatory legal act sent from Administration of the President of the Azerbaijan Republic to the Cabinet of Ministers of the Azerbaijan Republic for acceptance (approval) is considered approved with the relevant state bodies and legal entities of the state. The Cabinet of Ministers of the Azerbaijan Republic accepts (approves) this project which arrived from Administration of the President of the Azerbaijan Republic without the direction it on coordination in the relevant state bodies and legal entities of the state. Changes in such project can be made only with the consent of Administration of the President of the Azerbaijan Republic.

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