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LAW OF THE AZERBAIJAN REPUBLIC

of November 22, 2013 No. 816-IVQ

About public participation

(as amended on 03-05-2019)

This Law, according to Item 1 of part I of article 94 of the Constitution of the Azerbaijan Republic, governs the relations arising in connection with involvement of citizens of the Azerbaijan Republic to implementation of public administration.

Chapter 1. General provisions

Article 1. Basic concepts

1.0. For the purpose of this Law the following basic concepts are used:

1.0.1. public participation - participation of citizens and institutes of civil society in the forms established by this Law in preparation and implementation of state policy in various spheres of the state and public life, decision making at the nation-wide and local levels, the organization of public control over activities of the central executive bodies determined by relevant organ of the executive authority (further - the central executive bodies), local executive bodies and local government bodies, consultation of state bodies and local government bodies with the public and acceptance in attention of public opinion;

1.0.2. institutes of civil society - non-governmental organizations (public associations and funds), mass media, labor unions, initiative groups of citizens and quarter committees of municipalities;

1.0.3. public council - the advisory structure created in case of central both local executive bodies and local government bodies for implementation of the purposes provided in this Law;

1.0.4. public discussion - the meeting organized with participation of plenipotentiaries of the relevant state bodies and local government bodies, representatives of legal entities and institutes of civil society, certain citizens, specialists and experts for preparation of offers of various sectors of society of rather appropriate questions during decision making of social significance;

1.0.5. public hearing - the meeting organized with participation of plenipotentiaries of the relevant state bodies and local government bodies, representatives of legal entities and institutes of civil society, certain citizens, specialists and experts for carrying out consultations with the public and informing citizens concerning drafts of legal acts, single questions of the state and public life;

1.0.6. studying of public opinion - holding sociological polls and other similar actions for the purpose of studying of opinions of various sectors of society of rather single questions of the state and public life;

1.0.7. public discussion of drafts of legal acts - research, the analysis and project evaluation of legal acts with participation of persons who took part in their preparation and also institutes of civil society, certain citizens, experts and specialists;

1.0.8. written consultation - the address central and local executive bodies and local government bodies to institutes of civil society for the purpose of studying of their opinion in connection with drafts of legal acts and the analysis, generalization and assessment of the conclusions, notes and offers provided in writing.

Article 2. Legislation of the Azerbaijan Republic on public participation

2.1. The legislation of the Azerbaijan Republic on public participation consists of the Constitution of the Azerbaijan Republic, international treaties as which participant the Azerbaijan Republic, and this Law acts.

2.2. Provisions of this Law do not limit other rights of institutes of civil society and certain citizens in connection with implementation of public participation which are not provided in this Law.

Article 3. Purposes of public participation

3.0. The purposes of public participation is the following:

3.0.1. involvement of citizens to participation in government;

3.0.2. implementation of public control over activities central and local executive bodies and local government bodies;

3.0.3. the organization of rational interaction central and local executive bodies and local government bodies with the public;

3.0.4. ensuring openness and transparency in activities central and local executive bodies and local government bodies;

3.0.5. taking into account of public opinion and legitimate interests of citizens during forming, implementation of state policy and decision making;

3.0.6. protection of basic rights and freedoms of man and citizen.

Article 4. Principles of public participation

4.0. Public participation is performed based on the following principles:

4.0.1. legality;

4.0.2. voluntariness;

4.0.3. transparency;

4.0.4. pluralism;

4.0.5. equalities and non-admissions of discrimination.

Article 5. Forms of public participation

5.1. The following belongs to forms of public participation:

5.1.1. public council;

5.1.2. public discussion;

5.1.3. public hearing;

5.1.4. studying of public opinion;

5.1.5. public discussion of drafts of legal acts;

5.1.6. written consultation.

5.2. This Law does not limit implementation of public participation in other forms.

Chapter 2. Public councils

Article 6. Procedure for creation of public council

6.1. The public council in structure from 5-15 members is elected taking into account the requirements established by this Law by institutes of civil society according to the provision determined by relevant organ of the executive authority. Each citizen of the Azerbaijan Republic who reached 16-year age can be the member of public council.

6.2. The term of office of public council constitutes two years.

6.3. The central and local executive bodies and local government body by means of the Internet page and other existing means announce time of promotion of candidates for public council, the beginnings and completion of their registration. The term provided for promotion and registration of candidates cannot be less than twenty working days.

6.4. Each institute of civil society can propose only one candidate as the member of public council. Within one month after completion of promotion of candidates elections to public council are held.

6.5. The institutes of civil society which did not propose the candidate can also take part in the choice of members of public council.

6.6. Members of public council are elected by secret vote from among the proposed candidates at the joint meeting in equal quantity consisting of representatives of institutes of civil society (their territorial organizations), and concerning local executive bodies and local government bodies - the institutes of civil society performing activities in the corresponding territory.

6.7. For activities in public council to his members the wages, the fee, compensation and other payments are not paid out.

6.8. Technical issues (except for uses of financial resources of the central and local executive bodies and local government body) and issues of information support of activities of public council are resolved corresponding central and local by executive bodies and local government body.

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