RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of May 13, 2003 No. 60

About approval of "Procedure for the conclusion of the contract with person wishing to obtain information on the environment" and "Rules of the analysis, storage, updating of information on the environment, the list of objects, the register and rules of its maintaining on the environment"

For the purpose of ensuring execution of the Presidential decree of the Azerbaijan Republic "About enforcement of the Law of the Azerbaijan Republic "About receipt of information on the environment" of April 18, 2002 the No. 689 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Procedure for the conclusion of the contract with person wishing to obtain information on the environment" and "Rules of the analysis, storage, updating of information on the environment the list of objects, the register and rules of its maintaining on the environment" (are applied).

2. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of May 13, 2003 No. 60

Procedure for the conclusion of the contract with person wishing to obtain information on the environment

1. General provisions

1.1. This Procedure No. 689 is developed for the purpose of ensuring execution of the Presidential decree of the Azerbaijan Republic "About enforcement of the Law of the Azerbaijan Republic "About receipt of information on the environment" of April 18, 2002 and determines procedure for the conclusion of the contract with person wishing to obtain information on the environment.

1.2. The purpose of the conclusion of the contract with person wishing to obtain information on the environment is settlement of legal relationship between person wishing to obtain information (further - "the receiver of information"), on the one hand, and the state body or local government body which is subject of information on the environment (further - "the body providing information"), on the other hand, on receipt of information on the environment.

1.3. The agreement is signed for the purpose of provision of information on the environment to the receiver of information for long term and under certain conditions. For provision of information on the environment based on one-time request the agreement is not signed.

1.4. Any kind information on the environment (open or limited for obtaining) can be the subject of the agreement, concluded with the receiver of information.

2. Procedure for the conclusion of the agreement

2.1. For receipt of information on the environment the receiver of information shall file petition in the body providing information.

2.2. Are specified in the statement for legal entities - the name, legal address, bank details, for physical persons - the address, surname, name, middle name, exact and accurate data on information on the environment which the applicant wishes to receive.

2.3. The body providing information, according to the procedure, stipulated by the legislation registers the statement, in 10-day time considers it and gives to the receiver of information the written answer about consent to the conclusion of the agreement or on refusal with indication of the reasons.

2.4. The decision on the conclusion of the agreement or on refusal is accepted by the head of the body providing information or person responsible for maintaining the register of information on the environment.

2.5. In 10-dnevyny term after consent on the conclusion of the contract between predostavitel and the receiver of information the agreement on provision of information on the environment is signed.

2.6. In the agreement on provision of information on the environment it is specified:

2.6.1. the subject of the agreement - the name and the summary of claimed information on the environment, terms of its provision (per day, month, quarter, etc.) and provision form, the size and payment method;

2.6.2. total cost of the agreement and term of its action;

2.6.3. obligations of the parties signing the agreement;

2.6.4. responsibility for failure to carry out of terms of the contract;

2.6.5. permission of the disputes connected with the agreement;

2.6.6. details of the parties, signing the agreement;

2.6.7. cases and procedure for restriction, suspension or termination of the contract;

2.6.8. conditions of transfer, realization, replication and publication of information on the environment for commercial purposes or prohibition of it;

2.6.9. the other conditions which are not prohibited by the legislation of the Azerbaijan Republic, established in the consent of the parties.

2.7. The agreement on provision of information on the environment is constituted in duplicate, both are signed with sealing by authorized persons of the parties, at the same time one copy is left in the body providing information, and another - the receiver has information.

2.8. The body providing information only in the cases provided by the law having the right to refuse making the answer to the address or request about receipt of information on the environment and also in promulgation of information.

3. Restriction, suspension and termination of the contract

3.1. In case of violation by the receiver of information of terms of the contract on provision of information on the environment the signed agreement in the cases provided by the agreement or the law can be limited, suspended or stopped.

3.2. After elimination by the receiver of information of the conditions which were the reason of restriction or suspension of the agreement, this right is recovered in full.

3.3. The body providing information shall give in writing to the receiver information on restriction, suspension and the termination of the signed agreement on provision of information on the environment.

3.4. The receiver of information has the right to take a legal action concerning unreasonable reference of open information on the environment to information which receipt is limited of evasion and refusal of provision of information, the incomplete or inexact answer, violation of its other rights.

Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of May 13, 2003 No. 60

Rules of the analysis, storage, updating of information on the environment, the list of objects, the register and rules of its maintaining on the environment

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