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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of March 17, 2010 No. 239

About approval of Rules of creation, execution, monitoring and assessment of the State Investing Program of the Azerbaijan Republic

(as amended on 16-08-2016)

For the purpose of increase in efficiency of the state investment attachments in the Azerbaijan Republic and enhancements of process of creation and execution of the State Investing Program I decide:

1. Approve "Rules of creation, execution, monitoring and assessment of the State Investing Program of the Azerbaijan Republic" it (is applied).

2. Charge to the Cabinet of Ministers of the Azerbaijan Republic in two-month time:

2.1. prepare and provide to the President of the Azerbaijan Republic offers on reduction of the existing regulatory legal acts to compliance with "Rules of creation, execution, monitoring and assessment of the State Investing Program of the Azerbaijan Republic";

2.2. provide reduction of regulatory legal acts of the Cabinet of Ministers of the Azerbaijan Republic and the relevant central executive bodies in compliance with this Decree and inform on it the President of the Azerbaijan Republic;

2.3. prepare and approve the Instruction about assessment and examination of efficiency of the state investment projects, the stipulated in Item 3.8 Rules approved by Item 1 of this Decree;

2.4. resolve other issues following from this Decree.

3. Charge to the Ministry of Economic Development of the Azerbaijan Republic and the Ministry of Finance of the Azerbaijan Republic in a month:

3.1. prepare and provide stipulated in Item 3.21 of "Rules of creation, execution, monitoring and assessment of the State Investing Program of the Azerbaijan Republic" of form of quarterly and annual statements of execution of projects of the organizations customers and stipulated in Item 4.2 "Form of the special report of monitoring of execution of the projects entering the State Investing Program";

3.2. within the powers to resolve other issues following from this Decree.

President of the Azerbaijan Republic

Ilham Aliyev

Approved by the Presidential decree of the Azerbaijan Republic of March 17, 2010 No. 239

Rules of creation, execution, monitoring and assessment of the State Investing Program of the Azerbaijan Republic

I. General provisions

1.1. These rules are prepared according to Item 7.2 of the Presidential decree of the Azerbaijan Republic of December 10, 2008 No. 37 "About application of the Law of the Azerbaijan Republic "About the government budget of the Azerbaijan Republic for 2009".

1.2. These rules establish organizational, legal and economic basis of creation, execution, monitoring and assessment of the State Investing Program in the Azerbaijan Republic.

1.3. Coordination of execution of the actions provided by the State Investing Program and control over their accomplishment are performed by the Ministry of Economics   of the Azerbaijan Republic (further - the Ministry of Economy and Industry).

II. Basic concepts

2.1. The state Investing Program - the state program establishing for the next fiscal year and the next three years of the direction, terms of commercial or non-commercial investment attachments at the expense of the government budget and other sources which are not prohibited by the legislation, amount of investment expenses and the organization customers.

2.2. Investment expenses - the expenses provided for increase according to the State Investing Program of funds of state bodies, off-budget state funds and assets of the state companies.

2.3. The investment project - the document reflecting reasons for feasibility of investment attachment (its efficiency from the social and economic point of view), amount (amount of investment expenses) and terms of the works (services) which are subject to accomplishment within the project.

2.4. The list of priority state investment projects - set of investment offers (projects) prepared and provided to the Ministry of Economics by the organizations customers and on which the positive decision is received.

2.5. The objects of investment attachments which - are under construction, reconstructed and which are capitally repaired, expanded or the reconstructed subjects to production, welfare, infrastructure and other appointment.

2.6. The organization customer - the company or the organization preparing necessary documents for inclusion of the corresponding project in the State Investing Program, and also organizing execution of the project after its approval.

2.7. The contractor (contractors) investment the proyektafizichesky or legal entity involved according to the current legislation the organization customer for the purpose of implementation of the project within fixed terms and financial resources;

2.8. Monitoring and assessment of execution investment proyektasbor, data analysis about execution of the project, check of observance of expenses, statutory rules, requirements, procedures and assessment of results of execution of the project.

III. Creation and execution of the State Investing Program

3.1. The project of the State Investing Program (further - the Program) is constituted by the Ministry of Economics taking into account forecasts of the main macroeconomic indicators of the country, the medium-term concept of social and economic development and the main directions and priorities of investment policy based on state programs.

3.2. The program is created generally of the projects introduced to the list of priority state investment projects based on project offers of the organizations customers.

3.3. The following structures can act as the organizations customers for projects:

3.3.1. central both local executive bodies and structures which are under their supervision;

3.3.2. other organizations financed from the government budget;

3.3.3. Cabinet of Ministers of the Nakhchivan Autonomous Republic;

3.3.4. the companies having share of the state in the authorized capital;

3.3.5. municipalities;

3.3.6. off-budget state funds;

3.3.7. other companies and the organizations established by the President of the Azerbaijan Republic and the Cabinet of Ministers of the Azerbaijan Republic.

3.4. Inclusion of investment projects in the list of priority state investment projects is performed in the following procedure:

3.4.1. the organizations customers represent to the Ministry of Economics  the investment offers reflecting in themselves reasons for the state investment projects on industries, their primary structure and assessment;

3.4.2. investment offers are estimated by the Ministry of Economics and projects on which the positive decision is received are introduced in the list of priority state investment projects. Assessment of investment offers is made based on criteria, stipulated in Item 3.9 these rules;

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