LAW OF THE AZERBAIJAN REPUBLIC

On January 13, 2004 No. 580-IIG

About fight against corruption

This Law is directed to identification, the prevention and mitigation of consequences of the offenses connected with corruption, protection of social justice, rights and freedoms of man and citizen, creating favorable conditions for development of economy, law enforcement, transparency and efficiency of activities of state bodies, local government bodies  and legal entities of the public law (further - structure), officials.

This Law also pursues the aim to strengthen trust of the population to state bodies and local government bodies, structures, to stimulate receipt of professional personnel on service in state bodies and local government bodies, structures, to create the conditions excluding making by these persons of the offenses connected with corruption.

Section I. General provisions

Article 1. Concept of corruption

Corruption - illegal receipt by officials of the material and other benefits, privileges or privileges with use of the status, status of the body (structure), ex-officio full powers or opportunities following from this status and powers represented by them, and also involvement of these officials by physical persons and legal entities on the party by the illegal offer or the promise or transfer of noted material and other benefits, privileges or privileges to them.

Article 2. Subjects of the offenses connected with corruption

2.1. Subjects of the offenses connected with corruption are:

2.1.1. the persons elected or appointed in state bodies according to the procedure, established by the Constitution and the laws of the Azerbaijan Republic;

2.1.2. persons representing state bodies on the basis of special powers;

2.1.3. the government employees holding managerial position;

2.1.4. persons performing organizational and administrative or administrative functions in the corresponding structural units of state bodies, in public institutions, the companies and the organizations and also in the state subjects where the state holds controlling stock;

2.1.5. persons whose candidate for elective offices in state bodies of the Azerbaijan Republic is registered in the procedure established by the law;

2.1.6. persons elected in the procedure established by the legislation of the Azerbaijan Republic in local government bodies;

2.1.7. persons performing organizational and administrative or administrative functions in local government bodies;

2.1.7-1. heads and employees of structures, including persons performing in structures organizational and administrative or administrative functions on special power;

2.1.8. persons performing in the cases established by the law organizational and administrative or administrative functions in the non-state bodies which are carrying out powers of state bodies;

2.1.9. persons who received the material and other benefits, privileges and privileges in exchange for rendering illegal impact on the decision of the official with use of the influence or bonds;

2.1.10. the physical persons and legal entities which illegally were offering or promising or which transferred to the official the material and other benefits, privileges or privileges, and also persons which were intermediaries in implementation of similar actions.

2.2. Persons specified in articles 2.1.1-2.1.8 of this Law are considered as officials for the purpose of this Law.

Article 3. Scope of the Law

This Law is applied to all physical (including foreigners and stateless persons) and legal entities in the territory of the Azerbaijan Republic, and beyond its limits according to international treaties which participant is the Azerbaijan Republic, - to citizens of the Azerbaijan Republic and legal entities registered in the Azerbaijan Republic.

Article 4. Bodies (structure) performing fight against corruption

4.1. All state bodies, local government bodies, structures and officials within the powers perform fight against corruption. In case making of the offenses connected with corruption involves administrative or criminal liability, fight against corruption in the procedure established by the legislation perform law enforcement agencies.

4.2. Functions of the body specializing in area of the prevention of corruption are performed by the Commission on fight against corruption of the Azerbaijan Republic (further - "Commission").

4.3. The members appointed by bodies of executive, legislative and judicial authority are part of the Commission. Powers of the Commission are established by the Provision approved by the law.

Section II. Prevention of corruption

Article 5. Requirements of financial nature

5.1. Officials in the procedure established by the legislation shall provide the following data:

5.1.1. about the annual income with indication of source, type and the amount;

5.1.2. about the property which is the taxation object;

5.1.3. about the deposits, securities and other financial resources in credit institutions;

5.1.4. about the participation as the shareholder or the founder in activities of the companies, funds and other business entities, ownership ratio in these companies;

5.1.5. about the debt exceeding five thousand five hundred manats;

5.1.6. about other obligations of financial and property nature exceeding one thousand hundred manats.

5.2. The data specified in article 5.1 of this Law can be requested in the procedure established by the legislation.

Article 6. Responsibility for violation of requirements of financial nature

6.1. The officials or persons wishing to hold position in the procedure established by the legislation are notified on requirements, the stipulated in Article 5.1 presents of the Law, and consequence in law of non-compliance with these requirements.

6.2. Rules of control of observance of requirements, the stipulated in Article 5.1 presents of the Law, are established by the legislation.

6.3. Non-compliance with requirements by officials, the stipulated in Clause 5.1 presents of the Law, that is untimely representation for the disrespectful reason of the data provided by this Article, or submission of obviously incomplete or distorted data can entail involvement of these persons to disciplinary responsibility. Persons concerning whom the Constitution and the laws of the Azerbaijan Republic provide special procedure for attraction to disciplinary responsibility can be brought to disciplinary responsibility with observance of these rules.

6.4. The commission can publish the message on persons who are not observing the requirement, the stipulated in Clause 5.1 presents of the Law in the official state newspaper.

Article 7. Non-admission of joint operation of close relatives

7.1. Close relatives of officials cannot hold any position under their direct subordination, except for elective offices and other stipulated by the legislation cases.

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