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The document is cancelled since November 15, 2015 according to article 17 of the Law of the Azerbaijan Republic of September 30, 2015 No. 1308-IVQ.

LAW OF THE AZERBAIJAN REPUBLIC

of June 10, 1997 No. 314-IG

About procedure for consideration of addresses of citizens

(as amended on 24-06-2011)

The appeal of citizens to state bodies with offers, statements and claims is important means in implementation and human rights protection.

Article 1. Right to the address

Based on part one of article 57 of the Constitution of the Azerbaijan Republic citizens of the Azerbaijan Republic have the right to address, and also to send individual and collective written appeals to state bodies. On each address shall be otvecheno in writing according to the procedure and the terms established by the law.

Article 2. Legislation on procedure for consideration of addresses of citizens

The legislation on procedure for consideration of the address of citizens consists of the Constitution of the Azerbaijan Republic, this Law and other legal acts of the Azerbaijan Republic.

Article 3. Basic concepts

The offer - the address providing improvement of activities of state body of the power, organization, organization and company, the solution of the questions connected with education, science, the equipment, law, creativity and other spheres.

The statement - the address providing the requirements connected with implementation of the rights belonging to citizens.

The claim - the address with the requirement about recovery of the violated rights to state body, organization, the organization and the company.

Article 4. The spheres which are not relating to this Law

Force of this Law does not extend to consideration of addresses of citizens within judicial execution or administrative production.

Addresses of the military personnel connected with service are considered according to the Charter of internal service and the disciplinary Charter of Armed forces of the Azerbaijan Republic.

Addresses in connection with holding referendum are considered according to the Electoral code of the Azerbaijan Republic.

The procedure for consideration by the Commissioner for Human Rights (ombudsmany) for the Azerbaijan Republic of addresses of citizens is regulated by the relevant Law.

The procedure for giving of request for receipt of information and consideration of request about receipt of information is regulated by the relevant law.

In case of absence in the claim about domestic violence of signs of actus reus the claim treatment procedure is established by the Law of the Azerbaijan Republic "About prevention of domestic violence".

Article 5. Obligations of public authorities, organizations, organizations, companies

Public authorities, organizations, the organizations, the companies shall provide creation of necessary conditions for implementation according to the procedure, established and guaranteed by the Constitution and the laws of the Azerbaijan Republic of the rights of citizens of the Azerbaijan Republic, in written and oral type to give offers, to file petition, to complain of illegal actions (failure to act) of officials.

Public authorities, organizations, the organizations, the companies, their heads, other officials shall accept and consider according to the powers in the procedure established by this Law and terms of the offer, statement and claim of citizens, to take necessary measures and to answer them.

By consideration of offers, statements and claims, heads and other officials of state bodies of the power, organizations, organizations, companies shall:

to carefully study their essence, if necessary to demand the necessary documents and to take other measures for the solution of question;

report to citizens in writing about results of consideration of offers, statements and claims, in case of dissatisfaction them, to specify its reasons, to explain procedure for appeal;

provide acceptance of reasoned decisions according to offers, statements and claims, both timely and correct accomplishment of these decisions.

State bodies of the power, organization, the organization, the company shall check systematically condition of consideration of addresses of citizens and take measures for liquidation of the reasons leading to submission of the repeated statements and claims connected with violation of their interests protected by the law.

Article 6. Procedure for reception of citizens

Heads and other officials of public authorities, organizations, organizations and companies shall provide the organization of reception of citizens.

Citizens shall be accepted in in advance announced days and hours.

In necessary cases heads and other officials of public authorities, organizations, organizations and companies shall accept citizens immediately.

Article 7. Procedure for consideration of the address

Citizens submit proposals and applications to public authorities, organizations, the organizations, the companies or the officials obliged to resolve directly the matter.

Public authorities, organizations, the organizations, the companies, their heads and officials when the solution of the questions pushed in the address is not within their competence, send them no later than five days to the relevant organization and report about it to the applicant, and in case of personal acceptance explain where it is necessary to address.

The address is considered considered when the question and of it specified in the address is considered the reasonable answer is given to the citizen.

In case of the direction of addresses of citizens public authority to other bodies, organizations, the organizations, the companies for consideration for accessory and in case of capture on control of consideration of this address, these bodies, organizations, the organizations, the companies shall submit to public authority the reasonable answer within the term established by this Law concerning the address. The reply letter to public authority concerning the address shall be signed by the head of relevant organ, organization, organization, company.

The refusal of adoption of the address is forbidden.

The written appeal shall be signed by the citizen, the name, middle name, surname, the address or place of employment of the citizen shall be entered. If in the address these data are not specified, it is considered anonymous. Anonymous addresses are not considered.

It is forbidden to send claims of citizens for consideration to bodies or officials of whose illegal actions (failure to act) complain.

Public authorities can carry out work on acceptance of addresses and answers to them electronically.

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