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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

(as amended on 20-05-2016)

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;

1.3. to instantly provide execution of the resolution of the corresponding prosecutor on involvement of specialists or reclamation of checking documents, to organize allocation experienced in the respective spheres and professional specialists;

1.4. in case of detection of need of elimination of the damage caused to the state civil means to provide promotion of the corresponding claims in courts or to appeal for this purpose to the Prosecutor General's Office of the Azerbaijan Republic according to the Code of civil procedure of the Azerbaijan Republic;

1.5. together with the data on execution condition of "National strategy for increase in the transparency and fight against corruption" approved by the Order of the President of the Azerbaijan Republic of July 28, 2007 No. 2292, represented to the Commission on fight against corruption of the Azerbaijan Republic to give account on the actions performed in connection with execution of this Decree.

2. Charge to the Ministry of Finance of the Azerbaijan Republic, the State committee on questions of property of the Azerbaijan Republic, the Ministry of Economics of the Azerbaijan Republic:

2.1. within the powers to provide enhancement of mechanisms of implementation of the relevant checking and control activities for the purpose of strengthening and increase in efficiency of checks and other governmental control activities held in spheres, the stipulated in Item 1.1 presents of the Decree;

2.2. perform specific actions for the purpose of identification and prevention of the offenses connected with corruption in spheres, the stipulated in Item 1.1 presents of the Decree, within 3 months to inform the President of the Azerbaijan Republic on results of the performed actions.

3. To the Ministry of Justice of the Azerbaijan Republic to increase control over observance of requirements of the legislation in spheres, the stipulated in Item 1.1 presents of the Decree, municipalities, municipal authorities and their officials, in case of identification of the offenses connected with corruption with signs of crimes when implementing in the procedure for administrative control established by the legislation over activities of municipalities without delay to send the relevant documents to the Prosecutor General's Office of the Azerbaijan Republic.

4. Charge to law enforcement agencies to provide strict observance by employees of data of bodies of the requirement for prohibition of intervention in subjects of entrepreneurship of the Presidential decree of the Azerbaijan Republic of September 28, 2002 to No. 790 "About prevention of the interventions interfering development of entrepreneurship", to apply responsibility measures to the employees who allowed violations in this sphere.

5. Recommend the Commissions on fight against corruption of the Azerbaijan Republic:

5.1. to constantly perform generalization of the addresses arriving in the Commission about the offenses connected with corruption;

5.2. provide the order of checks of activities of the state or municipal authorities concerning which based on results of generalization the majority of claims, and also the state companies to state bodies or auditing organizations arrived and, in case of identification of offenses with signs of crimes, to direct materials of checks to the Prosecutor General's Office;

5.3. analyze the reports on the actions done in connection with execution of this Decree submitted by state bodies and two times a year to inform on it the President of the Azerbaijan Republic.

6. Recommend to the Prosecutor General's Office of the Azerbaijan Republic:

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