LAW OF THE AZERBAIJAN REPUBLIC

of April 17, 1998 No. 483-IQ

About grant

This Law governs the economic and legal relations connected with provision, obtaining and use of grants (including subgrants, amendment to grant, and also, except for the donations, relief aids which are drawn up in other form for the purposes specified in the first part of article 1 of this Law) in the Azerbaijan Republic (except for the Alyatsky free economic zone).

Article 1. Grant

1. The grant is the help given according to the procedure, provided by this Law, for preparation and implementation of humanitarian, social and ecological projects, works on recovery of the destroyed objects and infrastructure of production and social appointment in the territories injured with war and natural disaster, programs in education, health cares, cultures, consulting, information, publishing and sport, scientific, research, design and others important for the state and society of programs. The grant is issued only for specific purpose (purposes). The donations and the help of public authorities provided by the Laws of the Azerbaijan Republic "About religious liberty" and "About non-governmental organizations (public associations and funds)", municipalities without grant agreement (decision), except for the means constituting economic basis of municipal finance (except grants) according to the Law of the Azerbaijan Republic "About bases of municipal finance", and also the religious structures, non-governmental organizations operating in the Azerbaijan Republic including branches and representative offices of non-governmental organizations of foreign states in the form of financial resources and (or) other material forms.

1-1. Subgrant - means which are issued according to the separate agreement (decision) of grant from the means received under the agreement (decision) of grant, the third party who is not provided as the recipient in this agreement (decision) for the purpose of execution of this agreement (decision).

2. Grant is presented in the form of financial resources and (or) in other material form. Grant is presented gratuitously, its compensation cannot be requested in any form.

3. Grant the financial support used for direct generation of profit is not recognized. Any financial and (or) other appliances which remained at the disposal of person which received grant after the project completion constituting grant subject if the agreement (resolution) on grant does not provide other, at the discretion of this person shall be spent for implementation of projects and programs which can be grant subject.

4. Grant the financial support which is directly used for the purposes of fight for the political power, lobbying of adoption of the laws and other legal acts for the purposes of political advertizing, financing of the pre-election company of any political organization (the political organizations) or the politician (politicians) is not recognized.

Article 2. Donor

1. Person providing grant with person receiving grant is recognized relations the donor.

2. The organizations financed from the government budget of the Azerbaijan Republic which list is determined by relevant organ of the executive authority can provide grants to legal entities and physical persons of the Azerbaijan Republic, and also municipalities according to their fields of activity. On behalf of the Azerbaijani state the grant can be provided to legal entities and physical persons of the Azerbaijan Republic and foreign states by relevant organ of the executive authority.

3. On behalf of the Azerbaijani state grants are provided at the expense of the government budget of the Azerbaijan Republic. As a part of costs of the government budget special funds for provision of such grants separately can be provided. However no additional taxes can be applied to forming of the specified means or increase the existing tax rates. Control of proper use of the grant provided at the expense of means of the government budget is performed by the donor.

4. Municipalities, any legal entity of the Azerbaijan Republic, and also physical person can provide grants to legal entities and physical persons of the Azerbaijan Republic and foreign countries, including municipalities.

5. The international organizations and their representations, the foreign governments and their representations, the international charitable organizations, the international organizations for humanitarian development and other socially oriented international organizations, financial and credit institutes, foreign public organizations, including funds, associations, federations and committees performing activities in the field of development of education, sciences, health cares, art and sport and also the branches and representations of foreign legal entities accepted on state registration in the Azerbaijan Republic can act as donors (branches or representative offices of non-governmental organizations of the foreign states which signed the agreement provided by the Law of the Azerbaijan Republic "About non-governmental organizations (public associations and funds)" after receipt of the right to issue of grants in the territory of the Azerbaijan Republic. Receipt of the right to issue of grant requires the conclusion of relevant organ of the executive authority about financial and economic feasibility of grant.

5-1. The procedure for receipt of the right to issue of grant from the donors provided by part 5 of this Article is established by relevant organ of the executive authority.

6. Donors are completely free in provision of grants, the choice of the grantee and projects and programs on which implementation they provide grants. On behalf of the Azerbaijani state grants are provided to legal entities and physical persons of the Azerbaijan Republic, and also municipalities on competitive basis.

Article 3. Recipient

1. With the donor person receiving grant is recognized relations the recipient.

2. Can be recipients:

The Azerbaijani state on behalf of relevant organ of the executive authority;

the structures financed from the government budget of the Azerbaijan Republic (relevant organs of the executive authority according to the rules provided by part of 2-1 this Article);

legal entities of the public law;

municipalities;

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