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LAW OF THE AZERBAIJAN REPUBLIC

of September 30, 2015 No. 1308-IVQ

About the address of citizens

(as amended of the Law of the Azerbaijan Republic of 25.04.2017 No. 623-VQD)

This Law according to Article 57 and Item 1 of part I of article 94 of the Constitution of the Azerbaijan Republic governs the relations connected with implementation of the right to the address of citizens of the Azerbaijan Republic, establishes procedure for consideration of addresses by officials.

Article 1. Right to the address

1.1. Citizens of the Azerbaijan Republic have the right to the appeal to the state and municipal authorities, the legal entities who are in the state-owned or municipal property or the controlling stake of share (shares) of which belongs to the state or municipalities, and state-financed organizations or to their officials personally or through the representative in written or oral form, individually or collectively.

1.2. The right to the address is exercised by citizens freely and voluntarily. Implementation by citizens of their right to the address shall not violate the rights and freedoms of other persons.

1.3. It is forbidden to limit the right to the address of person in connection with its race, nationality, religion, language, floor, accessory, property status, official position, beliefs, belonging to political parties, labor unions and other public associations.

Article 2. Legislation on the address of citizens

The legislation on the address of citizens consists of the Constitution of the Azerbaijan Republic, international treaties which participant is the Azerbaijan Republic, this Law and other regulatory legal acts of the Azerbaijan Republic.

Article 3. Main determinations

3.0. For the purposes of this Law the following main determinations are used:

3.0.1. the addressing person - physical person or legal entity;

3.0.2. the address - the individual or collective offer, the statement, the claim, directed (provided) in written (including electronic) or oral form in the subject considering the address or to his official, personally-faced or through the representative;

3.0.3. the offer - the address connected with enhancement of the laws and other regulatory legal acts, improvement of activities of the state and municipal authorities and other subjects considering addresses, the solution of questions of science, education, culture, the right, social and economic, creative and other areas;

3.0.4. the statement - the address providing the requirements connected with implementation of the rights and freedoms;

3.0.5. the claim - the address providing the requirements connected with recovery of the violated rights and freedoms and their protection;

3.0.6. the subject considering the address - the state and municipal authorities, the legal entities who are the state-owned or municipal property or the controlling stake of share (shares) of which belongs to the state or municipalities, and the state-financed organizations having power to consider appeals of physical persons and legal entities and to make the decision;

3.0.7. the representative of the subject considering the address in the teleradio program going on the air - the official representing the subject considering the address in the specified program from its consent;

3.0.8. the official, the subject considering the address - the head of the subject considering the address, the person who is holding managerial position in state body and having powers of authority, faces, constantly or temporarily holding organizational and administrative or administrative positions or performing the specified positions based on special powers in other subjects considering the address;

3.0.9. the oral address - the address stated during individual or collective acceptance or during the teleradio program going on the air with the assistance of the representative of the subject considering the address including by means of telephone service;

3.0.10. telephone service - the communication service created for implementation of acceptance of oral addresses of the applicant, registration by means of technical means and provision of answers;

3.0.11. the written address - the address constituted on paper or electronically;

3.0.12. the electronic address - the address sent on the e-mail address of the subject considering the appeal or his official, or provided by means of official the website Internet.

3.0.13. the collective address - the joint appeal of two and more persons on the same question, or the addresses connected with implementation of public participation;

3.0.14. the repeated address - the next address from the same applicant on the same question in the same subject considering addresses or to his official if the term of consideration of the address established by this Law passed or on the specified address the answer was already given;

3.0.15. the anonymous address - the appeal sent in writing in the subject considering addresses or to his official in whom surname, the name, middle name, the address, the personal or digital signature of the applicant are not entered (concerning legal entities - the name of the legal entity, legal address and the signature of the head).

Article 4. Basic principles of consideration of addresses of citizens

4.0. The basic principles of consideration of addresses of citizens are:

4.0.1. legitimacy;

4.0.2. creation of conditions for free and voluntary implementation by citizens of the right to the address;

4.0.3. unity of requirements for addresses;

4.0.4. protection of the rights and legitimate interests of physical persons and legal entities;

4.0.5. non-admission of discrimination and red tape in consideration of addresses;

4.0.6. ensuring transparency in activities of the subjects and their officials considering the address;

4.0.7. coordination of the right of citizens to the address with state interests.

Article 5. Scope of this Law

5.1. Provision of this Law if other is not provided by the Constitutional laws, other laws of the Azerbaijan Republic, regulatory legal acts adopted on their basis including international treaties which participant is the Azerbaijan Republic extend to all addresses of citizens.

5.2. Provisions of this Law do not extend to addresses of citizens within judicial execution or administrative execution.

5.3. The procedure for the address of the military personnel to immediate superiors or the senior chiefs and its considerations is regulated by the Internal office charter and the Disciplinary charter of Armed forces of the Azerbaijan Republic.

5.4. The procedure for the addresses connected with the direct organization and holding referendum and elections and their considerations is regulated by the Electoral code of the Azerbaijan Republic.

5.5. The procedure for submission of the claims to the Commissioner for Human Rights (ombudsman) connected with human rights violation and their considerations is regulated by the Constitutional Law of the Azerbaijan Republic "About the Commissioner for Human Rights (ombudsman)".

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