LAW OF THE AZERBAIJAN REPUBLIC

of October 21, 2005 No. 1039-IIQ

About the address government public assistance

This Law regulates the purpose and the principles of rendering the address government public assistance, the legal basis of its appointment and other relations arising in this sphere.

Article 1. Basic concepts

1.0. In this Law the following basic concepts are used:

1.0.1. criterion of requirement - the limit approved together with the government budget for every year for the purpose of purpose of the address government public assistance depending on subsistence minimum on the main social and demographic national groups;

1.0.2. family - the faces having family relation or tied on other features established by the legislation, which are living jointly, having general household or lonely persons;

1.0.3. the income of family - all income types of family members, including gifts received by family members, set of the income in cash and natural form received or able to be received from property, the property belonging to family members, personal subsidiary farm;

1.0.4. the average monthly income of family - average monthly indicator of the income of family;

1.0.5. needy family - family which average monthly income is lower than set of criterion of requirement on each family member;

1.0.6. the address government public assistance (further - the public assistance) - the monetary assistance given to needy families from the state.

Article 2. Legislation of the Azerbaijan Republic on the address government public assistance

The legislation of the Azerbaijan Republic on the address government public assistance consists of the Constitution of the Azerbaijan Republic, of the Law of the Azerbaijan Republic "About administrative production", this Law, other regulatory legal acts and international treaties which participant is the Azerbaijan Republic.

Article 3. The families having the right of receipt of the public assistance

Needy families which average monthly income for the reasons which are not depending on them (disability of family members, registration of the able-bodied family member face care with the established disability in connection with violation of functions of organism for 81-100 percent, person with the established disability to 18 years or the child aged up to 8 years, receipt of internal education up to 23 years, in relevant organ in connection with liquidation of state body or the legal entity or reducing number of workers or the state of the executive authority as the unemployed, his death, recognition by court by the missing person or dead, imprisonment, lack of the location information of the family member) is lower than set of criterion of requirement on each family member have rights to the public assistance.

Article 4. Purpose and principles of the public assistance

4.1. The purpose of the public assistance consists in ensuring social protection of needy families.

4.2. The basic principles of the public assistance are:

4.2.1. targeting - the public assistance is appointed only to needy families;

4.2.2. justice - the public assistance is appointed in difference amount between the average monthly income of family and set of criterion of requirement to each family member;

4.2.3. equality - the public assistance is appointed to all needy families.

Article 5. Financial source of the public assistance

The public assistance is financed by means of the government budget.

Article 6. The address for receipt of the public assistance, its appointment, provision and refusal in provision

6.1. The public assistance is appointed to needy families by relevant organ of the executive authority.

6.2. Rules of the address for receipt of the public assistance, its appointment, provision and refusal in provision are established by relevant organ of the executive authority based on the Law of the Azerbaijan Republic "About administrative production" and this Law.

6.3. Electronic services in connection with receipt of the public assistance are performed by means of centralized electronic information system of relevant organ of the executive authority.

Article 7. Amount of the public assistance

7.1. The amount of the public assistance is charged in the amount of the difference arising between the average monthly income of family and set of criterion of requirement on each family member.

7.2. The criterion of requirement step by step is carried to subsistence minimum over the country.

7.3. The procedure for calculation of the average monthly income of family is established by relevant organ of the executive authority.

Article 8. Term of purpose of the public assistance

8.1. The public assistance is appointed for a period of 1 year from 1 date of the request for its obtaining.

8.2. The needy family has the right of the repeated address for receipt of the public assistance.

Article 9. Persons in family composition which are not considered in case of purpose of the public assistance

9.0. In case of purpose of the public assistance the following persons in family composition are not considered for assistance:

9.0.1. persons which are on complete state providing (person living in orphanages and boarding schools, in organizations of social servicing for elderly and persons with disability);

9.0.2. persons which are on urgent active duty;

9.0.3. persons serving sentence in organizations of serving sentence;

9.0.4. persons put on the wanted list;

9.0.5. the citizens of the Azerbaijan Republic who are not living in the territory of the Azerbaijan Republic;

9.0.6. foreigners (except for constantly living in the territory of the Azerbaijan Republic).

Article 10. De novo review of the right of receipt of the public assistance

10.1. In case of the request for receipt of the public assistance the family shall provide complete and exact information about circumstances (about structure, property and the income of family) which can lead to appointment or change of the extent of the public assistance.

10.2. In case of change of the income of family after purpose of the public assistance the family receiving the public assistance within 15 (fifteen) working days informs on it the body (organization) determined by relevant organ of the executive authority (except for information obtained from information resources and systems of body (organization) determined by relevant organ of the executive authority).

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