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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of June 22, 2009 No. 103

About strengthening of fight against the offenses connected with corruption in the sphere of management of the state-owned and municipal property and means

(In edition of the Presidential decree of the Azerbaijan Republic of 20.05.2016 No. 898, 20.05.2016 No. 900)

As a result of the consecutive reforms undertaken in the country in recent years economic development covered all spheres of our life, economic potential amplified, the government budget increased, in the direction of development of the social sphere and infrastructure the amount of the state programs financed from the government budget, and the means spent for them considerably increased. Economic strengthening of the country does necessary implementation is strict control over rational expenditure of the increasing financial resources.

Generalization of the addresses arriving from citizens shows that in certain cases the public and municipal funds, including funds allocated within state programs with financing from the government budget are not spent to destination, mistakes in the management of the state-owned and municipal property and means, in activities of the officials responsible for use of means, accomplishment regulating and control functions are looked through, corruption cases are observed. The offenses connected with corruption, warning expenditure of public funds in the provided directions, do big harm to the state and society, interfere with more bystry development of our country, reduce efficiency of the measures undertaken in the sphere of growth in prosperity of the population.

During last period in our country complex actions according to the state programs adopted for the purpose of strengthening of fight against corruption were performed the regulatory framework was enhanced, the mechanism of the state control for the purpose of prevention of offenses of the officials connected with abuse of official capacity is developed, for increase in efficiency of criminal prosecution against corruption crimes in this sphere was the specialized structure is created.

However, the performed actions are not enough, implementation of more severe and decisive steps on complete elimination of the corruption which is the universal social evil is also required. For this purpose it is necessary to provide transparency in activities of the officials responsible for implementation of functions of use, regulation and control in such spheres as use of the public budgetary and other financial resources, ownership, use and the order of the state-owned and municipal property, and also management of the legal entities who are completely in property of the state or in which the controlling stock (shares) is owned directly or indirectly by the state (further - the state companies) it is necessary to strengthen fight against violations of the law, the attention shall be paid to check of the cases specified in addresses about offenses in noted spheres.

For this purpose I decide:

1. Charge to executive bodies of the Azerbaijan Republic:

1.1. provide necessary actions in the direction of increase in efficiency of the state control in the sphere of use of the public budgetary and other financial resources, and also municipal means, ownerships, uses and orders with the state-owned and municipal property, managements of the state companies and strengthenings in this sphere of fight against the offenses connected with corruption;

1.2. in case of identification in the stipulated in Item 1.1 presents of the Decree spheres of offenses with signs of crimes to transfer the relevant documents to the Prosecutor General's Office of the Azerbaijan Republic;

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