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BAKU AZERBAIJAN
ACHIEVEMENTSIN FIGHT AGAINST
CORRUPTION years
ILHAM ALIYEVPresident of the Republic of Azerbaijan
Last 10 years have been a period of growth for our country in all areas of public life. These achievements were both connected with existing determination and strong political will aimed at prevention of corruption and implementation of good governance reforms. New strategic vision and requirements have been identified with the adoption of State Program on Fight against Corruption in 2004.
All mechanisms for carrying out e�ective fight against corruption in our country are in place. Successes of our anticorruption policy manifest in the form of comprehensive legislation, specialized institutional bodies, resources on obtaining information, electronic government infrastructure, close cooperation with civil society, public participation principles and wide awareness measures which are in line with international requirements. The Azerbaijani brand of ASAN Service model, implemented in public service delivery, is accepted as the best practice in fight against corruption at the international level.
Maintaining of transparency in all areas of state governance and positive evaluation of these measures by public are our main achievements.
ASAN Service
E-Government Legislative Reforms
Specialized Institutions
International Cooperation
Awareness-raising
Cooperation with Civil Society Institutions
Civil Service Reforms 10
YEARS2005 - 2015
10 years of Achievementin the Fight Against Corruption
10 years of Achievement in the Fight Against Corruption in Three Phases First Phase/ 2004 -2006State Program on Fight against Corruption
Second Phase / 2007 – 2011National Strategy on Increasing transparency and fight against corruption
Third Phase/ 2012 – 2015National Action Plan on Promoting of Open Government
Legislative reforms
Institutional reforms
Anticorruption Commission of the Republic of Azerbaijan
Anticorruption Directorate with the General Prosecutor of the Republic of Azerbaijan
Civil Service Commission under the President of the Republic of Azerbaijan
State Agency on State Service and Social Innovations under the President of the Republic of Azerbaijan
International cooperation
Awareness-raising
06-33
08-13
14-25
26-33
34-39
40-55
42-43
44-49
50-51
52-55
56-69
70-79
01.
02.
03.
04.
05.
06.
6.1
6.2
6.3
6.4
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08.
Table of Contents
Ilham ALIYEV, interview with New York Times, Bloomberg and Los Angeles newspapers of the United States of America, 18 October 2005
It is possible to fight against corruption with economical measures and advanced laws. Law on fight against corruption was adopted by Parliament. Special department was established within the General Prosecutor’s O�ce of the Republic of Azerbaijan for fighting against corruption. Creation of middle class, reduction of the bureaucratic apparatus and maximum liberalization of economy can also ensure significant decrease in the level of corruption. This process has
already started and now we need to speed up this process.
Ilham ALIYEV, during meeting dedicated to results of carried out within 6 months of Cabinet of Ministers, 31 July 2006
If we fight against corruption only with administrative methods, it will not have any e�ciency. World practice shows that. Administrative methods should exist, strict control should exist and law enforcement bodies should carry out serious work in this field. At the same time, economic
conditions must be such that, factors contributing to corruption must be eliminated.
ILHAM ALIYEVPresident of the Republic of Azerbaijan
State Program on fight against corruption
2004-2006
First phase“
13 JANUARY2004
Law on fight against corruption was adopted.
International conventions and cooperation with
international organizations
INTERNATIONAL DOCUMENTS
INTERNATIONAL ORGANIZATIONS
United Nations Convention against Organized Crime, ratified on 13 May 2003
Council of Europe’s Civil Law Convention of Corruption, ratified on 30 December 2003
Council of Europe’s Criminal Law Convention of Corruption, 30 December 2003
United Nations Convention against Corruption, ratified 30 September 2005
Council of Europe, Group of States against Corruption (GRECO)
Organization of Economic Cooperation and Development, Istanbul Anticorruption Network (ACN)
Extractive Industries Transparency Initiative (EITI)
Transparency International (TI)
01.
02.
03.
04.
01.
02.
03.
04.
BEYNəLXALQ TəŞKİLATLAR
01.
02.
03.
04.
Definition of corruption
Corruption o�ences and public o�cials
Liability for corruption o�ences
Bodies in charge of fighting against corruption
Obligation of giving information on income of public o�cials
Law regulates below-mentioned issues:
05.
2004-2006
First phase
13 YANVAR2004
Korrupsiyaya qarşı mübarizə haqqındaQanun qəbul olunmuşdur
Beynəlxalq konvensiyalar və beynəlxalq təşkilatlarla
əməkdaşlıqBEYNəLXALQ SəNəDLəR
BEYNəLXALQ TəŞKİLATLAR
MəRHəLə
I1
BMT-nin “Transmilli mütəşəkkil cinayətkarlığa qarşı” Konvensiyası13 may, 2003
Avropa Şurasının “Korrupsiya ilə əlaqədar cinayət məsuliyyəti haqqında” Konvensiyası30 dekabr 2003
Avropa Şurasının “Korrupsiya ilə əlaqədar mülki-hüquqi məsuliyyət haqqında” Konvensiyası30 dekabr 2003
BMT-nin Korrupsiya əleyhinəKonvensiyası, 30 sentyabr 2005
Avropa Şurası, Korrupsiyaya Qarşı Dövlətlər Qrupu (GRECO)
OECD, İstanbul Anti-korrupsiya şəbəkəsi (ACN)
Mədən Sənayesində Şə�aflıq Təşəbbüsü (EİTİ)
Beynəlxalq Şə�aflıq Təşkilatı (Tİ)
01.
02.
03.
04.
01.
02.
03.
04.
BEYNəLXALQ TəŞKİLATLAR
01.
02.
03.
04.
Korrupsiyanın anlayışı
Korrupsiya hüquqpozmaları və onların subyektləri
Korrupsiya hüquqpozmalarına görə məsuliyyət
Korrupsiyaya qarşı mübarizəni həyata keçirən orqanlar
Vəzifəli şəxslər tərəfindən öz gəlirləri barədə məlumat vermə öhdəliyi
Qanun aşağıdakı məsələləri müəyyən edir
05.
2004-2006
Birinci mərhələ
03 SENTYABR2004
Korrupsiyaya qarşı mübarizəüzrə Dövlət Proqramı
01.
02.
03.
04.
01.
02.
Bütün dövlət orqanlarının internet səhifələri yaradılmış, ərizə və şikayətlərin elektron vasitələrlə qəbulu təmin edilmişdir.
“Korrupsiyaya qarşı mübarizə aparan qeyri hökumət təşkilatlarının Məlumat və əməkdaşlıq Şəbəkəsi” yaradılmışdır.
Korrupsiyaya qarşı mübarizə üzrə Komissiyanın tərkibində “qanunvericiliyin təkmilləşdirilməsi” və “analitik informasiya” işçi qrupları yaradılmış və fəaliyyətinə vətəndaş cəmiyyəti üzvləri cəlb edilmişdir.
Vətəndaşlar üçün hüquqi yardım mərkəzləri yaradılmışdır.
Korrupsiyaya qarşı mübarizə üzrə Komissiya
Baş Prokuror yanında Korrupsiyaya qarşı Mübarizə İdarəsi
Azərbaycan Respublikasının Prezidenti yanında Dövlət Qulluğu Məsələləri üzrə Komissiya
Məhkəmə-Hüquq Şurası
İqtisadi İnkişaf Nazirliyinin yanında Antiinhisar Siyasəti və İstehlakçıların Hüquqlarının Müdafiəsi Xidməti
01.
02.
03.
04.
05.
2005-2006-cı illərdə ümumi daxili məhsulun artımına görə Azərbaycan dünyada lider dövlət olmuşdur.
Azərbaycan Respublikasının Sahibkarlığa Kömək Milli Fondunun fəaliyyəti təmin edilmişdir.
İNSTİTUSİONAL İSLAHATLAR
İQTİSADİ Və SOSİAL SAHə
MAARİFLəNDİRMə
01.
02.
03.
04.
Korrupsiyaya qarşı mübarizə haqqında Qanun
İnzibati icraat haqqında Qanun
İnformasiya əldə etmək haqqında Qanun
Korrupsiyaya qarşı mübarizə ilə əlaqədar cinayət qanunvericiliyinin təkmilləşdirilməsi
Vətəndaşların müraciətlərinə baxılması haqqında Qanun
QANUNVERİCİLİYİN TəKMİLLəŞDİRİLMəSİ
05.
03 SEPTEMBER2004
State Program on fightagainst corruption
01.
02.
03.
04.
01.
02.
Internet pages of all state bodies were set up; mechanisms for electronic submission of appeals and complaints has been established and maintained.
Information and Cooperation Network of NGOs Specialized in the Fight Against Corruption was established.
Working Groups on Improvement of Legislation and Analytical Information were established near the Anticorruption Commission and members of civil society institutions were involved to the activity of Working Groups.
Legal aid centres were established
Anticorruption Commission
Anticorruption Directorate with the General Prosecutor
Civil Service Commission with the President of the Republic of Azerbaijan
Judicial-Legal Council
State Service for Antimonopoly Policy and Consumer Rights Protection under the Ministry of Economics and Industry
01.
02.
03.
04.
05.
Azerbaijan became a world leader for the increase in its Gross Domestic Product (GDP) in 2005-2006.
The activity of National Fund for Entrepreneurship Support of the Republic of Azerbaijan was provided.
INSTITUTIONAL REFORMS
ECONOMICAL AND SOCIAL FIELD
AWARENESS-RAISING PROGRAMS
01.
02.
03.
04.
Law on Fight against Corruption
Law on Administrative Proceedings
Law on Access to Information
Improvement of criminal legislationon fight against corruption
Law on Reviewing citizens’ appeals
IMPROVEMENT OFLEGISLATION
05.
10
State Program on the Fight Against Corruption2004-2006
New complex approach on fighting against corruption in Azerbaijan was initiated by the adoption of Law on “Fight against Corruption”, passed on the 13 January 2004. Adoption of this Act introduced consistency and systematic nature to the policy of combating corruption in Azerbaijan.
This Law consists of following elements: definition of corruption, corruption o�ences and public o�cials, liability for corruption o�ences, bodies in charge of fighting against corruption, obligation of giving information on income of public o�cials.
As the national program pioneering in this field, this program envisaged activities by all state bodies while being. The aim of State Program was to build a strategy on fighting against corruption within the unified framework and to continue the implementation of measures in this field e�ectively.
Main actions of Program were the following: improvement of national legislation in this field e�ciently of fight against corruption and adapting it to international requirements, improving the functioning of state authorities, strengthen the activities of specialized bodies in the field of fight against corruption, providing them with necessary resources, creation of e�cient control mechanisms, establishing the activities of law enforcement and judiciary bodies according to modern requirements.
Measures on awareness, cooperation with non-governmental and international organizations are also envisaged in program to increase the e�ciency in the fight against corruption.
These measures have been carried out in 5 areas including improving legislation, activity of state bodies, law enforcement and judiciary, economic and social area, and awareness and cooperation.
Detection of corruption and elimination of its consequences
Protection of social justice, rights and liberties of human and citizens
Strengthen of measures on fight against corruption
Creation of favourable condition for development of economics
Ensuring the lawfulness, transparency and e�ciency in the work of public o�cials
Law on “Fight Against Corruption” has focused on following areas:
First phase
Second important innovation in this phase is the adoption of the State Program on Fight against Corruption by the Ordinance of the President of the Republic of Azerbaijan of the 3rd September 2004 dated
01.
02.
03.
04.
05.
State Program covered years 2004-2006 and defined 147 measures, stipulating
specific deadlines for state bodies.
ACHIEVEMENTSIN FIGHT AGAINST
CORRUPTION years
11
During this period, the Republic of Azerbaijan has joined all international instruments in the field of fight against corruption. Regarding the economic and social field, major achievements were gained in the area of improving of living standards of citizens, growth of wages and strengthening of social welfare. Economy has continued to grow rapidly and Azerbaijan became a world leader due to increase in its Gross Domestic Product in 2005-2006.
During the implementation of State Program, a number of state bodies were re-structured and new state bodies were established. Measures were implemented to prevent o�ences conductive to corruption and maintain e�ciency in the work of these bodies.
State bodies set up or improved web pages, which reflect their activities and relevant legislation and allow submissions of applications and complaints by electronic means.
State Institutions established internal control units and established direct application channels for citizens.
Specialized bodies in fight against corruption Anticorruption Commission (more detail in page 42) and Anticorruption Directorate with the General Prosecutor (more detail in page 44) were established.
Civil Service Commission with the President of the Republic of Azerbaijan was established with a view to speed up the reforms implemented in the field of civil service (more in detail in page 50).
State budget increased substantially, as a result of strengthening of fiscal discipline and implementing of financial reforms.
The issues such as on improving of legislation were defined as priority; it has been a dynamic process of both joining international documents and harmonizing national legislation with international requirements.
Changes were made to legislation governing the issues on civil service with a view to implementing centralized recruitment to the civil service and ensuring transparency in this process.
Within the implementation of the State Program, significant laws were adopted, the activities of specialized organs in the fight against corruption were improved and administrative
reforms in state bodies were implemented, efficient cooperation with the members of civil society institutions was established.
The indicator of Gross Domestic Product for 2005 was 35% in Azerbaijan. This was the highest indicator in the world.
International organizations conducted regular evaluations and carried out measures and achieved results in this field were positively assessed. “
”
New state bodies in the field of economic and
social welfare were established and their
charters were enacted accordingly. State Service
for Antimonopoly Policy and Consumer Rights
Protection near the Ministry of Economics and
Industry and the National Fund for
Entrepreneurship Support of the Republic of
Azerbaijan were established. In order to increase
control of state land-plot allocation, the
Government introduced the procedure for
leasing and selling of land plots directly and
through auctions.
Rules on “Centralized Reservation, Sale and
Accounting of Tax Invoices in the Republic of
Azerbaijan” were approved.
First phase, State Program on fight against corruption (2004-2006)
Code of Honour of Public O�cials of Customs
Authorities of the Republic of Azerbaijan by
Committee of Customs and Ethics Code of Tax
O�cials of the Ministry of Taxes were approved
and liability was determined for the breach of
these codes.
Cooperation with the members of civil society
institutions has been expanded and measures have
been carried out to increase their role in the fight
against corruption.
New cooperation platforms for coordination of
e�orts were established. Anticorruption
Commission of the Republic of Azerbaijan became
member of Information and Cooperation Network
of NGOs Acting in the Fight Against Corruption,
which was established by NGOs specialized in the
fight against corruption.
The main aim of this Network is improving the
exchange of information and experience between
non-governmental organizations and further
developing of cooperation between NGOs acting in
this field and also between NGOs and state bodies.
Within the framework of Network, public hearings
of important laws in the fight against corruption
were organized; cooperation memorandums were
signed with various state bodies and
awareness-raising campaigns were carried out.
Automated Tax Information System (AVIS) has
been introduced in the Ministry of Taxes since 1st
February 2006. One of main aims of AVIS is to
increase further the transparency of tax system
and organization of e�cient tax control.
Conditions were set up for submitting the tax
declarations and reports via post o�ces without
coming to tax authorities.
Submission of tax declarations via post o�ces,
without coming to tax authorities, was introduced
for the purpose of minimizing the contacts
between public o�cials of tax authorities and
taxpayers.
POÇ
T
Amendments were made to the Tax Code 8 times in 2004-2006 for the
purpose of improving tax legislation, tax auditing and tax payment proce-dures and also strengthening fight
against tax evasion cases.
“
”
12
Non-governmental organizations, international organizations, Commissioner for Human Rights and other partners were involved in the composition of Working Groups on Improving of legislation and Analytical information operating under Anticorruption Commission of the Republic of Azerbaijan.
Various seminars, conferences and roundtables were organized regularly in the di�erent regions of the republic for the purpose of raising the awareness of population in the field of fight against corruption.
National Chapter of Transparency International – the Transparency Azerbaijan launched the implementation of the Legal Aid Centre Project during this period. Anticorruption Commission supported the execution of this project and cooperated with Transparency Azerbaijan within the framework of this project. 5 legal aid centres were established in di�erent regions of Azerbaijan within the project.
Cooperation with international organizations in the field of fight against corruption and legal enforcement bodies of foreign states was further improved. Cooperation relations were established with specialized anticorruption bodies of foreign states within the Forum of Anticorruption and Establishment of Integrity of Organization of Islamic Conference, International Association of Anticorruption Authorities (IAACA) and Group of States Against Corruption of Council of Europe (GRECO).
The Republic of Azerbaijan ratified United Nation’s Convention against Corruption (UNCAC) on the 30 September 2005.
Our country became member to the Group of State Against Corruption of Council of Europe (GRECO) in 2003 and cooperation relations with GRECO were further strengthened. Partnership was continued with the Organization of Economic Cooperation and Development (OECD) within Istanbul Anticorruption Plan.
The Council of State Support to the NGOs under the President of the Republic of Azerbaijan defined the support to the NGOs specialized in fighting against corruption as one of priority directions. Within this framework awareness measures have been carried out by NGOs supported by State Support Council. These projects covered the regions of Azerbaijan.
13
Excerpt from the Address of Ilham ALIYEV to the participants of the Regional Meeting of European and Central Asian Member States of the Transparency International and Conference
on ‘Fight against Corruption and Reforms in the Transition States’ on the 31 May 2007
In line with its strong political will of the Azerbaijani Government, the Azerbaijani State has implemented anticorruption measures in a sustainable and continuous manner, carrying out the State Program on the Fight against Corruption. As a result of the reforms, carried out so far, public administration has improved; we have gained significant economic achievements and implemented social programs. In order to sustain and add on the achievements, and with a view to develop the trends of the future development, we are almost done on the inception of the new
National Strategy on Increasing Transparency and Fight Against Corruption.
Ilham ALIYEV, At the Reception of the participants of the Session of the Executive Committee of the International Association of the Anti-Corruption Agencies at the Presidential Palace
on the 31 March 2008
We use di�erent methods in the fight against corruption. First and foremost, we have established a solid legislative foundation and carry out national strategy; the Anticorruption Comission operates, and the state manifest strong support and attention to measures dedicated to the fight against corruption. Azerbaijan pursues these measures in partnerships with the international organizations. As a result of the measures described, as well as other activities performed in
Azerbaijan in the other areas, the level of corruption in our country dropped dramatically.
ILHAM ALIYEVPresident of the Republic of Azerbaijan
Ilham ALIYEV, At the Official Reception dedicated to the 28 May Republic Day
The unpleasant occurrences are tackled seriously in our country. And the process produces good results. Fight against corruption and bribery in particular yields positive outcomes. The people support our measures. We will fight against corruption, bribery and other unpleasant practices in the same serious manner. Especially when we see that this fight yields results, it makes us
stronger and inspires us further.
National Strategy on Increasing of Transparency and Fight against Corruption
2007-2011
Second Phase“
2007-2011
Second phase
Electronic services
Awareness-raising
01.
02.
03.
04.
05.
06.
“Electron government” portal was created.
Special electronic service sections were established in the o�cial website of state bodies for the purpose of delivering electronic services.
Rules on special services to be provided by state bodies were adopted by the Cabinet of Ministers.
Electronic portal on State Registration of Legal Acts was established. www.huquqiaktlar.gov.az
Payment of fines for the breach of tra�c rules via only bank and plastic cards was ensured.
Special sections were created in the electronic pages of state bodies for giving information on state duties and tari�s.
Internet page which makes possible to get information on inspections was created. www.yoxlama.gov.az
161 Hotline Call Centre was established by Anticorruption Directorate with Prosecutor General of the Republic of Azerbaijan in order to receive information on corruption o�ences.
Publication of information on internet pages and places where citizens can access easily was ensured by state bodies.
Compilation on “Normative legal acts on fight against corruption” was published
01.
02.
07.
03.
2007-2011
İkinci mərhələ
Elektron xidmətlər
Məlumatlandırma
01.
02.
03.
04.
05.
06.
“Elektron hökumət” portalı yaradılmışdır.
Elektron xidmətlər göstərilməsi üçün dövlət orqanlarının rəsmi internet informasiya ehtiyatlarında xüsusi elektron xidmət bölmələri yaradılmışdır.
Nazirlər Kabineti dövlət orqanları tərəfindən konkret göstəriləcək xidmətlər barədə qaydaları qəbul edilmişdir.
Hüquqi Aktların Dövlət Reyestri yaradılmışdır. www.huquqiaktlar.gov.az
Yol hərəkəti qaydalarının pozulmasına görə cərimələrin yalnız bank və ya plastik kart vasitəsilə ödənilməsi təmin edilmişdir.
Dövlət orqanlarının internet səhifələrində tarif və rüsumlar barədə məlumatlar üçün xüsusi bölmələr yaradılmışdır.
Yoxlamalara dair məlumatların əldə olunmasını mümkün edən internet saytı yaradılmışdır. www.yoxlama.gov.az
Baş Prokuror yanında Korrupsiyaya qarşı Mübarizə İdarəsi tərəfindən korrupsiya cinayətləri ilə əlaqədar məlumatları qəbul etmək üçün xüsusi “161” nömrəli qaynar xətt təşkil edilmişdir.
Dövlət orqanları tərəfindən internet resurslarda və vətəndaşların rahat görə biləcəyi yerlərdə məlumatların yerləşdirilməsi təmin edilmişdir.
“Korrupsiyaya qarşı mübarizəyə dair normativ hüquqi aktlar” adlı toplu nəşr edilmişdir.
01.
02.
07.
03.
Qanunvericilik
01.
02.
03.
04.
05.
“Qeyri-qanuni yolla əldə olunmuş pulların və ya digər əmlakın leqallaşdırılmasına və terrorçuluğun maliyyələşdirilməsinə qarşı mübarizə haqqında” Azərbaycan Respublikasının Qanunu
İnzibati Prosessual Məcəllə
“Dövlət və bələdiyyə əmlakının və vəsaitlərinin idarə olunması sahəsində korrupsiya ilə əlaqədar hüquqpozmalara qarşı mübarizənin gücləndirilməsi haqqında” Azərbaycan Respublikasının Prezidentinin Fərmanı
“Sahibkarlıq sahəsində aparılan yoxlamaların vahid məlumat reyestrinin forması və aparılması qaydası haqqında əsasnamə”
“Dövlət orqanlarının elektron xidmətlər göstərməsinin təşkili sahəsində bəzi tədbirlər haqqında” Azərbaycan Respublikası Prezidentinin Fərmanı
Legislation
01.
02.
03.
04.
05.
Law of the Azerbaijan Republic "On fight against legalization of illegally acquired money or other property and the financing of terrorism" Administrative Procedure Code
Decree of the President of the Republic of Azerbaijan "On strengthening the fight against corruption o�enses in the field of administration of public and municipal property and assets"
"Regulations on the form and order of keeping unified information register of inspections carried out in the field of entrepreneurship"
Decree of the President of the Republic of Azerbaijan "On some measures in the field of provision of electronic services by state bodies"
2007-2011
Second phase
The objective of the National Strategy – is to combat corruption in the framework of a single strategy, to define clearly the purpose and principles, to link the measures implemented e�ectively and to ensure transparency in the activity of state bodies. Increasing transparency and prevention of cases promoting conditions for corruption are enshrined in the National Strategy as the basic principle of the fight against corruption. Improvement of legislation, as well as activities of state and local authorities, specialized anticorruption institutions, law enforcement agencies and courts is marked as the main measures.
It is obvious from the National Strategy that the measures of combating
corruption to be carried out are aimed at economic development, social
welfare and rule of law, transparency, and increasing efficiency.
“
”
The National Strategy once again confirms that measures undertaken to ensure the
transparency and the fight against corruption in our country have consistent
nature, as well as a special priority to activities aimed at preventing corruption.
“
”
En
suri
ng F
reed
om o
f Inf
orm
atio
n
Good Governance Supervision over the Activities of State Bodies
Ensuring Accountabilit
y
The second stage of the fight against corruption began with the adoption of the National Strategy on Increasing Transparency and Combating Corruption (hereinafter - the
National Strategy), adopted by the decree of the President of the Republic of Azerbaijan.
28 JULY2007 / 2292
Education and Cooperation
18
State Registration of legal acts of the Republic of Azerbaijan was established on 1st November 2011 and it started to function in the domain
www.huquqiaktlar.gov.az
During the period of 2007-2009, the register was filed with 958
documents.“ ”
Transparency is also one of the basic conditions for economic development, creation of
favourable business conditions, and involvement of foreign investments.
Increasing transparency in the activity of state bodies is enshrined in the National Strategy as the basic condition for the fight against corruption. Ensuring transparency is not aimed at eliminating corruption; it is defined as the main means of combating corruption.
In the case of ensuring transparency the society will be more aware of the decisions taken by public authorities, conditions for public debate will be set up, public confidence in the public authorities will increase; and accountability and responsibility of these organs will grow. Transparency serves to improvement, more e�cient analysis and assessment of activities of state bodies.
During the period of implementation of the National Strategy, important laws were adopted, activity of organizations specialized in the fight against corruption was strengthened, transparency in the activity of state bodies was ensured, comprehensive reforms covering various areas were carried out, extensive educational measures were conducted, as well as e�ective relations were established with members of civil society. Within the frames of the National Strategy our country conducted measures on implementation of conventions and international instruments on the fight against corruption to which Azerbaijan is a party, and took active participation in international initiatives. As a result of the execution of this strategy the standard of living of the population in the economic and social sphere has improved, wages increased, the rate unemployment was reduced and social welfare increased.
The National Strategy was evaluated by international organizations, the measures undertaken and the results achieved have been appreciated.
Measures on implementation of convention of the UN and the Council of Europe in the fight against corruption, as well as other international agreements to which Azerbaijan is a party, were conducted, the necessary regulations were adopted.
Criminal liability of legal entities was established in accordance with the law. The Law on “Fight against Legalization of Illegally Acquired Money or other Property and the Financing of Terrorism” was adopted and necessary legal framework was established for the full operation of the mechanism. Milli Majlis (Parliament) adopted the Administrative Procedure Code.
On the 22 June 2009, President of the Republic of Azerbaijan signed the Ordinance Decree On strengthening the Fight Against Corruption O�enses in the Field of Administration of State and Municipal Property and Assets.
Consideration of applications and complaints by state bodies has been improved, relevant software and computer networks have been developed for this purpose.
19
Second phase, National Strategy on Increasing of Transparency and Fight against Corruption (2007-2011)
WWW.YOXLAMA.GOV.AZ WWW.HUQUQIAKTLAR.GOV.AZ
WWW.E-GOV.AZ
The purpose of the ‘E-government’ is to reduce the ‘distance’ between the public authorities and citizens in the
provision of services by public authorities, simplify and ensure the transparency of these relationships. The
widespread use of e-government services, increase in their number and quality, the growing level of satisfaction of
citizens contribute to achievement of this goal.
‘E- Government’Portal
20
İkinci mərhələ, Şə�aflığın artırılması və Korrupsiyaya qarşı mübarizə üzrə Milli Strategiya (2007-2011)
WWW.YOXLAMA.GOV.AZ WWW.HUQUQIAKTLAR.GOV.AZ
WWW.E-GOV.AZ
“Elektron hökumət” -in məqsədi dövlət orqanları tərəfindən xidmətlərin göstərilməsində dövlət orqanları və vətəndaşlar arasında olan “məsafəni” azaltmaq, bu
münasibətləri sadələşdirmək və şəffaflaşdırmaqdır. Dövlət orqanları tərəfindən elektron xidmətlərin geniş
tətbiqi, onların sayının və keyfiyyətin artırılması, vətəndaşların xidmətlərdən məmnunluğunun
yüksəldilməsi bu məqsədə çatmağın vasitələridir.
Elektron HökumətPortalı
20
Baş Prokurorluq tərəfindən korrupsiya cinayətləri ilə əlaqədar məlumatları qəbul etmək üçün xüsusi “161” nömrəli qaynar xətt təşkil edilmişdir. Bu
qaynar xətt istirahət və bayram günləri də daxil olmaqla daim vətəndaşlardan korrupsiya halları ilə əlaqədar məlumatları qəbul edir. Ümumən əksər mərkəzi icra
hakimiyyəti orqanlarında “Qaynar xətt” əlaqə mərkəzlərinin fəaliyyəti təmin edilmişdir.
Bütün mərkəzi icra hakimiyyəti orqanlarının internet səhifələrində göstərilən xidmətlər üçün tətbiq edilən rüsum və tariflər, həmçinin qaynar xətlər barədə
məlumatlar yerləşdirilmişdir. Bundan əlavə vətəndaşlarla birbaşa təmasda olan dövlət qurumlarının yerli
bölmələrində dövlət xidmətləri üçün tətbiq edilən tarif və rüsumlar barədə məlumatların vətəndaşların
aydın görə biləcəyi yerlərdə asılması və yerləşdirilməsi təmin edilmişdir.
161
21
Call Centre – Hot Line 161 was set up for the purpose of accepting by the Prosecutor General's
Office of information in connection with corruption offenses. This hot line constantly
receives information from citizens in connection with cases of corruption including weekends and holidays. In general, ‘hot line’ centres are provided
in most of the central executive authorities.
The web pages of all central bodies of executive power provide information on hot
lines, as well as on fees and tariffs applicable to the services provided. In addition, local
divisions of state bodies directly interacting with citizens provide information reflecting
tariffs and fees applicable to public services.
161
21
Second phase, National Strategy on Increasing of Transparency and Fight against Corruption (2007-2011)
ETICSCODE
WWW.DIN.GOV.AZ
WWW.CUSTOMS.GOV.AZ
In order to increase transparency in the activity of public authorities and strengthen social protection of public o�cials, President of the Republic of Azerbaijan signed special Ordinances in February and March 2011. Thus, on the 25 February 2011, the President issued Ordinance on “Some Measures In The Area Of Strengthening Social Protection Of O�cers Of Highway Patrol Service of the Ministry of Internal A�airs of the Republic of Azerbaijan and Regulation Of Tra�c”. According to this Ordinance, 25% of the funds from fines paid for violations of tra�c are added to the monthly salary of employees engaged in the highway patrol service and involved in the regulation of tra�c. In addition, payment of fines for violations of tra�c is carried out only through bank or plastic cards.
On the 25 February 2011, the President signed the Ordinance on “Some Measures In the Area Of Strengthening Social Protection Of Employees Of The State Customs Committee of the Republic of Azerbaijan” in order to simplify and increase the transparency of procedures in the field of customs. According to the decree 25% of the funds going into the extra-budgetary development fund of customs system are added to the wages of employees of the State Committee.
In addition, the Civil Service Commission with the President of the Republic of Azerbaijan held a number of trainings on the rules of ethical behaviour for civil servants. Citizens are given the opportunity of direct addressing attorneys. Thus, the contact information about the attorneys appointed on each body of the central and local power is placed in the section ‘Ethical Behaviour’ of the web-page of the Civil Service Commission.
22
YOXLAMA.GOV.AZ
WWW.JUSTICE.GOV.AZ
WWW.DQMK.GOV.AZ
Civil Service Commission has improved the rules of admission to the civil service and fully ensured the transparency of the process. With the consent of candidates to vacant positions in the public service, video recording and archiving of the interviews are provided. In order to use the rotation system in the public service, amendmends were made to Law on “Public Service”. The draft project of Rules for Evaluation of Public Servants was developed in order to apply of the mechanism of assessment of public servants.
As a result of measures carried out by judicial authorities, Rules of the O�cial Inspection in the Judicial Authorities, which define and regulate the procedure for the appointment and conducting o�cial inspections in respect of judicial o�cers, were adopted. In order to raise the e�ciency of enforcement of court decisions the number of civil service sta� has been increased. Judicial-Legal Council has organized regular publication of judicial decisions and the information on web pages. Combating Corruption Unit has been established under the Judicial-Legal Council.
The President of the Republic of Azerbaijan approved with his Ordinance of the 15 February 2011 regulations on “The Form And Manner Of Keeping A Unified Information Register Of Inspections Carried Out In The Field Of Entrepreneurship”. According to the requirements of these regulations details of all inspections conducted in the field of entrepreneurship are recorded in a single source. Since May 2011 website (www.yoxlama.gov.az), which provides access to information about the checks, has been set up.
23
Law on “Fight against Legalization of Money or Other Property Acquired through Criminal Ways” and “Financing of Terrorism” were adopted
Second phase, National Strategy on Increasing of Transparency and Fight against Corruption (2007-2011)
Customs legislation, as well as legislative acts on the application of customs duties and tari�s is provided on the web page of the State Customs Committee.
All customs o�ces have been provided with post-payment terminals in order to perform customs payments using cards.
Information desks are set up in the customs checkpoints, citizens are provided with easy access to information on customs duties.
All the necessary measures have been taken in order to form the legal framework in this area. Also, the Financial Monitoring Service under the Central Bank of the Republic of Azerbaijan has been
established in order to implement the state policy in this sphere, interconnect the relevant government bodies and conduct international cooperation.
10 FEBRUARY, 2009
24
In order to increase legal awareness in the fight against corruption, Anticorruption Commission has published a collection titled Legislation on Combating Corruption and distributed it to the central and local executive
authorities and NGOs.
Normative-legal instruments and mechanisms on admission of teachers to work by the Ministry of Education have been improved.
By the Order of the Minister of Health of the 1st February 2008, paid services in hospitals, medical prevention institutions subordinated to and financed by the Ministry of Health were abolished. Cash payment for the collection of fees and
other payments have been fully cancelled.
25
Speech by Ilham ALIYEV at the meeting of the Cabinet of Ministers, dedicated to the socio-economic development for the first quarter of 2013 and the
upcoming challenges
Fight against corruption and bribery is carried out in a very speedy and comprehensive manner Not only we must learn from the experiences of developed countries in this field, but also we need to apply this practice as well. I believe that the expansion and application of institutional measures, implementation and continuation of systematic reforms will create more opportunities for combating corruption and bribery. If we want to become a developed country, we must conduct more serious fight against bribery. I am confident that we will win this fight.
Inaugural speech of President Ilham ALIYEV,19 october 2013
In the following years, the fight against corruption and bribery will be even more serious. This fight has given excellent results and public policy in this area is unambiguous. There is a very strong political will to eliminate such unpleasant circumstances from Azerbaijan. I am sure that the administrative measures, penalties and systematic reforms will lead to great advances in this area over the next 5 years. I have high hopes for electronic services. ‘E-Government’ project is implemented; the number of electronic services is increased. This confidence is caused by the great respect won by ‘ASAN service’ within the short term. The fight against corruption and
bribery should become a nationwide mission.
ILHAM ALIYEVPresident of the Republic of Azerbaijan
National Action Plan on the promotingof Open Government
2012-2015
Third phase“
05 SEPTEMBER2012
National Action Plan on the Promotion of Open Government
for 2012-2015.
INTERNATIONALINITIATIVE
Azerbaijan is one of the first countries that have joined the Open Government
Partnership, which launched at the international level in 2011.
Portal on ‘electronic government’ (www.e-gov.az) was launched.
‘E-Government’Portal
E-SERVICES
2012-2015
Third phase
05 SEPTEMBER2012
National Action Plan on combating corruption
for 2012-2015.
ASAN Service10 governmental organizations,
30 judicial services, 270 functional services
13 JULY2012
2012-2015
Third phase
Portal ‘E-Government’ www.e-gov.az has been launched. With this portal citizens got a centralized access to the services provided by all state bodies.
Since February 2012, electronic registration of legal entities has started. Measures have been taken to promote and enhance the citizens' awareness of e-services.
Currently more than 400 government services are delivered electronically.
President of the Republic of Azerbaijan Ilham ALIYEV launched the third stage of fight against corruption by signing the Presidential Ordinance on “Some measures on provision of services by state bodies” on the 23 May 2011.
According to this Ordinance, a special e-service section has been set up in the o�cial Internet data reserves for the provision of services by authorities of central power. On the 24th November 2011 the Cabinet of Ministers adopted the Rules on “Special Services to be provided by state bodies”. ‘E-Government’ portal has been set up for the purpose of the organization and provision of e-services by public authorities on the principle of ‘single window’.
After adoption of the Ordinance on “Some Measures On Provision Of Services By State Bodies”, especially since 2012, systematic use of information-communication technologies in the public administration of Azerbaijan, in particular the provision of electronic services has substantially expanded. At the same time, e-services are considered as e�ective means for the prevention of corruption and ensuring transparency.
“
This decree has played an important role in deepening of e-government, strengthening of the fight against corruption and set up conditions for the application of new reforms in this area. Within a short period of time, sections of special electronic services have been set up on the websites of state bodies. These sections include the name of the service provided, the exact list of documents required for the provision of this service, as well as an electronic form of applications, templates and other documents to be filled by the applicant.
“
30
Establishment of the State Agency is one of the important activities carried out during the 3rd phase. One of the main activities of this structure is to ensure the provision of electronic services and improving the quality of measures implemented in this area.
Extension of electronic services and the use of this tool in the fight against corruption have always been in the centre of attention of the President of the Republic of Azerbaijan. Thus, at the meeting of the Cabinet of Ministers dedicated to the socio-economic development for the first quarter of 2012 and the upcoming challenges, Mr. Ilham ALIYEV stressed the inevitability of the transition to an electronic system. He pointed out that better results in the direction of raising transparency and the fight against corruption is to be achieved under condition of transition to an electronic system and profound institutional reforms.
The State Agency for Public Services And Social Innovations under the President of the Republic of Azerbaijan, established on the 13 July 2012 at the initiative of the President of the Republic of Azerbaijan, has embraced the need for implementation of this vision in practice.
The State Agency ensures functioning of ‘ASAN Service’ centres, recognized as an Azerbaijani brand and providing the citizens of centralized legal services of 10 government organizations.
31
The purpose of the Action Plans, which will cover 2012-2015 is to ensure the duration of the measures carried out in Azerbaijan in the field of combating corruption, increasing transparency in the activity of state bodies, ensuring compliance of administration with modern standards of management, promotion of the principles of Open Government.
At the same time, Azerbaijan is one of the first countries that have joined the Open Government Partnership, which launched at the international level in 2011. The aim of Open Government Partnership, starting to operate as an international initiative is to increase transparency in governance, accountability, enhance public involvement, and support application of new technologies. National Action Plan guided by the principles of Open Government Partnership outlines measures on providing by public authorities broad public information about its activities, as well as the role of civil society in the decision-making process, the expansion of electronic services and improvement of quality of services provided to the population.
Along with public authorities, views and suggestions of institutions of civil society, who take active participation in public hearings, as well as suggestions of international organizations have been taken into consideration during the preparation of action plans.
The Action Plans defined authorities responsible for their implementation, as well as specific dates.
Third phase, National Action Plan on the promoting of Open Government (2012-2015)
National Action Plan for the Promotion of Open Government and Combating Corruption approved by the Order of the President of the Republic of Azerbaijan on the 5th September 2012 are the main strategic documents defining the strategic course of measures held in our country during this period, as well as establishing the sequence and the direction of the measures to be conducted in the coming years.
In these documents the President of the Republic of Azerbaijan has openly stated political will to fight corruption. He has mobilized all necessary resources for the successful execution of the Action Plans.
32
The Action Plan on combating corruption consists of 125 measures at 28 areas. These areas involve improving the legislative framework on fight against corruption, improvement of consideration complaints and appeals, improvement of legislation in the field of criminal prosecution, improvement of activity of bodies specialized in combating corruption, prevention of legalization of proceeds acquired by criminal way and strengthening institutional mechanisms in this area, improvement of the legislation on the public service and institutional mechanism, improvement of activity of public servants and professional development, improvement of the rules of ethical behaviour, improvement of activities of municipalities, etc.
Action Plan for the Promotion of Open Government consists of 45 measures in 9 directions. As a result of the execution of this Action Plan, persons responsible for information freedom have been determined in the state institutions, internal rules of execution have been adopted, and comprehensive trainings have been carried out for public servants. In addition, regular meetings with citizens in di�erent formats, forums, in- house days, reception of senior o�cials of state bodies were organized. Provision of public services and the increased use of electronic means in this process were provided. Geography and services provided by the centres of ‘ASAN Service’ have expanded, in the provision of services was ensured satisfaction of citizens. Members of civil society participated in drafting legislative documents of public importance; relevant cooperation councils have been established. The Law of the Republic of Azerbaijan on ‘Public participation’ was adopted.
Action Plan for the promotion of Open Government
Action Plan on combating corruption
33
Ilham Aliyev, excerpt from Welcoming Speech to the participants of International Conference on ‘Fight against corruption:
international standards and national experience’, 30 June 2014
There is a strong political will to fight against corruption successfully in Azerbaijan. Our country has modernized its legislative base and carried out institutional reforms within the framework of the
international initiatives in the field of fight against corruption.
ILHAM ALIYEVPresident of the Republic of Azerbaijan
2004-2014
LegislativeReforms
“
Chronology of normative legal acts
One of the main directions of Anti-Corruption Policy of Azerbaijan is the improvement of legislation. As a result of measures carried out in this field, current anti-corruption legislation of Azerbaijan has become consistent with the requirements of international instruments; and this process is evaluated positively by international organizations. Legislative reforms were also carried out in the area of imposing liability to persons who commit corruption o�ences and furthermore determination and elimination of conditions and reasons caused to corruption o�ences in order to prevent from corruption crimes.
Legislative Reforms
Law on approval of “Procedures for Submission of Financial Information by Public O�cials” was adopted. This Law determines the form of submission of financial information, lists public o�cials that are required to submit financial declarations, designates authorities to receive these declarations and provides rules for checking this information.
In order to improve criminal legislation in anticorruption field, the composition of ‘abuse of power’, ‘active bribery’, ‘passive bribery’ and new forms of ‘trading in influence’ o�ences were defined by making amendments to the Criminal Code and Criminal Procedural Code of Azerbaijan Republic in order to improve criminal legislation in anticorruption field, the definitions of active and passive bribery also were included to criminal law. Criminal liability was increased for above-mentioned o�ences; the crime of taking bribe was included in the category of grave crimes. Category of public o�cials was expanded and investigative powers of state bodies over corruption o�ences were defined. The scope of property as the object of confiscation o�ence has been expanded and value-based confiscation has been introduced in case of property which was obtained through illegal ways was already used, alienated or failed to be obtained in favour of state for other reasons.
Law on “Administrative Proceedings” was adopted on the 24 June 2005. The Law aims to ensure the compliance of state authorities with human rights and freedoms, as well as achieve rule of law. This law determines legal grounds, principles and procedural rules on the activity of state authorities concerning the adoption, execution or cancellation of administrative acts.
Law on “Access to Information” of the Republic of Azerbaijan is another important document adopted in the field of prevention of corruption in the same year. The aim of Law is to determine legal grounds for ensuring the access to information freely, without obstacles and in equal condition for all, in the basis of open society principles and democratic legal state which was stipulated under Article 50 of the Constitution of the Republic of Azerbaijan and also promote conditions for citizens to monitor the implementation of public duty.
Amendments have been made to the Law on “Reviewing Citizens’ Applications” within the framework of measures on improvement of legislation. The amended Law envisages shorter periods for reviewing of appeals on the corruption-related legal violations by state authorities and electronic mode of submission and review of appeals.
In this field, the adoption of Law on “Fight against corruption” on 13 January 2004 is
marked as the first main legislative reform in Azerbaijan. This law determines the definition of
corruption, legal violations related to the corruption, subjects of corruption offences and responsibility for them and obligation to give
information about incomes of officials by themselves.
“
”
36
As a result of implemented measures in the area of civil service, centralized recruitment to civil service has been set up; as a result this area has become increasingly transparent.
Within the framework of implemented measures in legislative field, amendments were made to the Law on “Courts and Judges” and Law on “Judicial-Legal Council” was adopted. While the mentioned laws secured proper operation of the Judicial-Legal Council, its competence was further expanded; immunity and o�ce terms of judges were reviewed, new body – Judges’ Selection Committee was established to deal with selection of candidates to judge positions; and long-term trainings, in line with international requirements on special program, has been developed for candidate judges. The above-mentioned legislative reforms also dealt with the issue of imposing liability upon judges for corruption-related o�ences. Furthermore breach and non-compliance with requirements of Law on “Fight against corruption” were defined as ground for disciplinary responsibility of judges.
Adoption of the Law on “Public Participation” should be considered as one of most important reforms implemented in our country recently. The aim of this Law is to involve the citizens to the work of state bodies, conduct public control over these institutions and ensure clarity and transparency in this field.
In accordance with the amendments made to the Law on “Advocates and Advocacy” in November 2004, the assembly of advocates held its session in order to establish new Bar Association.
Amendments to the Law on “Notary” envisage conducting of recruitment exam, experience and interviews for those want to work as a notary o�cer according to advanced regulations, transferring the amounts of notarized deals between parties via bank accounts and expanding cooperation between law enforcement bodies and notaries. Furthermore the reform eliminated existing problems in legislation regarding the implementation of special notary institute. Moreover Rules on “Controlling the Activities of Notary” were adopted in order to improve the oversight of notary activities.
Chronology of normative-legal acts
Next page
37
Legislative reforms
13 January 2004Law on “Fight against corruption”
Chronology of normative-legal acts in the field of fight against corruption over last 10 years
28 December 2004Amendments to Law on “Courts and Judges”
03 September 2004Decree of the President of the Republic of Azerbaijan on approving “State program on fight against corruption for the years of 2004-2006”
28 October 2004Statute of Anticorruption Department with the
Prosecutor General of the Republic of Azerbaijan
28 December 2004Law on “Judicial-Legal Council”
3 May 2005Statute of Anticorruption Commission of the Republic of Azerbaijan
24 June2005Law on “Approval of procedures for
submission of financial information by public o�cials”
24 June2005Law on “Administrative proceedings”
30 September 2005Law on “Access to information” 7 April 2006
Amendments to the Law on “Reviewing citizens’ applications”
31 May 2007Law on “Rules of ethic conduct of civil
servants” 25 October 2007Decree of the President of the Republic of Azerbaijan on “Measures of ensuring the application of the single window principle in organization of entrepreneurial activities”
38
28 July 2007Decree of the President of the Republic of Azerbaijan on approving of “National Strategy on Increasing Transparency and Fight against Corruption”
10 February 2009Law on the “Prevention of the
legalization of criminally obtained funds or other property and the financing of
terrorism”
18 March 2011Law on amendments to the Law on “Detective-Search Activity”
22 June 2009Decree of the President of the Republic of Azerbaijan on “Strengthening of fight against corruption o�ences in the field of management of property and resources of state and municipal bodies”
16 July 2009Decree of the President of the Republic
of Azerbaijan on approval of the “Statute of the Financial Monitoring
Service under the Central Bank of the Republic of Azerbaijan”
24 June 2011Law on amendments to the Criminal
Code of the Republic of Azerbaijan
22 November 2013Law on “Public Participation” of the Republic of Azerbaijan
5 September 2012Decree of the President of the Republic of Azerbaijan on approval of “Action Plan on Fight against corruption for years of 2012-2015”
5 September 2012Decree of the President of the Republic
of Azerbaijan on approval of “Action Plan on Promoting of Open
Government for years of 2012-2015”
39
Ilham ALIYEV, during the opening of Headquarters of the Anticorruption Directorate near the General Prosecutor of the Republic of Azerbaijan, 30 September 2013
“Today fight against corruption is a priority matter. There are good results and achievements in this fight. The work of the Anticorruption Directorate should be praised highly. I am sure that
more successes will be achieved in this field in the years to come.”
Ilham ALIYEV, during acquaintance with the work of Ganja ASAN Service centre22 January 2014
“Today ASAN Service operates in the cities of Baku, Sumgait, Ganja and citizens are showing great interest on that. There have been 1 million applications during one year and everybody is satisfied with that. This service has a huge benefit for modernizing Azerbaijan. Such as, high quality services are rendered to citizens and at the same time ASAN Service has great importance in prevention of all negative situations. Of course, all our state bodies and agencies those are in direct communication with citizens have to gradually render services in this quality to prevent bureaucracy, corruption and bribery. High quality, civilized services have to be delivered to citizens. I consider that, the establishment of ASAN Service will play its role not only in the field of public service delivery, but also for the future successful and modern development of our country. I know that, process of upgrading of the service delivery in other state bodies up to the level of services rendered in ASAN Service is underway. We are building a modern and strong state. Negative situations should not occur in the state of Azerbaijan and existing problems should be eliminated. The activity of ASAN Service is a great support to our work in this field. I am glad that there is great support and sympathy among citizens of Azerbaijan
toward to the activity of this service and this initiative is highly appreciated.
As I stated several times, ASAN Service is an Azerbaijani product, Azerbaijani invention and it is not excluded that other states will also implement this model. In any case, to my knowledge
there is great interest from other states to the work of this service.
ILHAM ALIYEVPresident of the Republic of Azerbaijan
Institutionalreforms
“
Anticorruption Commission of the Republic of Azerbaijan Anticorruption Directorate with Prosecutor General of the Republic of Azerbaijan
Civil Service Commission with the President of the Republic of Azerbaijan
State Agency for Public Services and Social Innovations with the President of the Republic of Azerbaijan
Anticorruption Commission of the Republic of Azerbaijan was established on 3rd March 2004. It performs functions of specialized body for the prevention of corruption.
The responsibilities of the Commission were determined by the Charter, which was enacted by the Law of the Republic of Azerbaijan dated 3rd May 2004. The activities of Commission are regulated by the Constitution of the Republic of Azerbaijan, international treaties to which it is a party, acts of the Republic of Azerbaijan and other statutes and statutory instruments, as well as, the Charter.
Anticorruption Commission
Commission is composed of and operated by 15
members. 5 members of the Commission are
appointed by the President of the Republic of Azerbaijan, 5 members
by the Parliament of the Republic of Azerbaijan, 5
members by the Constitutional Court of
the Republic of Azerbaijan.
Commission acts in cooperation with legislative, executive and judicial powers and regularly informs the President of the Republic of Azerbaijan, Parliament of the Republic of Azerbaijan and Constitutional Court of the Republic of Azerbaijan on state of fight against corruption.
Chairman of the Commission manages and arranges the activity of the Commission. Commission considers the issues within its competence at its sessions. Commission holds regular meetings, which shall occur at least once in every three months.
Structure
5 members are appointed by the President
of Azerbaijan
5 members are appointed by the Parliament
of Azerbaijan
5 members are appointed by the Constitutional Court of Azerbaijan
Chairman elected by the Members of Commission
ANTICORRUPTION COMMISSION
Head of Secretariat
Other employeesState bodies
Civil society institutions
International organizations
Independent experts
Mass media
Working GroupsSecretariat
2004Commission was
established on the 3rd March.
2005Its responsibilities were
determined on the 3rd May.
42
Participates in the formation of the state policy on corruption
Analyzes the situation and e�ciency of the fight against corruption
Supervises the implementation of the state programs against corruption
Collects financial declarations and supervises their submission process
Collects information regarding corruption o�ences
Analyzes and summarizes information and makes proposals to relevant public institutions
Cooperates with public and other institutions in the field of fighting against corruption
According to the Charter, the Commission:
Permanent Secretariat attached to the Commission fulfils organizational tasks related to arrangement of the meetings of the Commission, prepares documents on the issues to be raised in the Commission meetings and coordinates the activity of state bodies functioning in this field.
Commission carries out the summary reports on the corruption complaints, as well as on the results of its activities, commissions the state bodies, including auditing organizations with examination of the state or municipal bodies’ activities, in regard of which complaints are received; and in case of discovery of the criminal o�ences features, it refers the materials to the General Prosecutor's O�ce of the Republic of Azerbaijan.
Commission formulates proposals envisaging improvement of legislation on fight against corruption. Working Group on Improving Legislation is functioning under the Commission for this purpose. State bodies, civil society institutions, international organizations, independent experts and representatives of mass media are included in the composition of Working Group.
Working Group, on the basis of analysis of national legislation, prepares and submits draft laws to Commission, for the prevention of corruption and maintaining the e�ciency of fight against it
Commission studies and generalizes the state of execution of the anticorruption legislation and hears the reports and information provided by the heads of the law enforcement and other state bodies, receives necessary information and materials from state and local administrative bodies.
Commission prepares recommendations and proposals on increasing the e�ciency of the combating corruption and elimination of the shortcomings in the field of fighting against corruption and takes measures for their implementation. Commission carries out the organization of public awareness measures in the area of fighting against corruption and public surveys.
01.
02.
03.
04.
05.
06.
07.
Improving legislation
Civil recruitment
Judiciary system
Providing legal services
Health
Education
Access to information
Maintenance of transparency in the activity of state bodies
Commission has carried out reforms in the following areas:
01.
02.
03.
04.
05.
06.
07.
08.
Commission cooperates with NGOs, mass media, private sector representatives,
independent experts and involves them to its activities.
“
”
43
Anticorruption Directorate with the Prosecutor General of the Republic of Azerbaijan
Specialized bodies
Anticorruption Directorate with the Prosecutor General of the Republic of Azerbaijan was established by the Ordinance of the President of the Republic of Azerbaijan No. 114 on the 3rd March 2004.
The title of the Anticorruption Department with the Prosecutor General was changed to the Anticorruption Directorate with the Prosecutor General, the Directorate was upgraded in its status to the separate institution the National Prosecution System and its powers were expanded by making amendments to the Law on “Prosecutor’s O�ce” and “Service in the Prosecutor’s O�ce”, which were adopted on the 14 February 2014, as well as to the ordinances and orders of the President of the Republic of Azerbaijan on the implementation of above-mentioned laws.
44
Anticorruption Directorate with the Prosecutor General conducts preliminary investigation of corruption o�ences, implements operational-investigation activity (Special Investigation Means), analyses the state of fight against corruption, generalizes it and prepares proposals and recommendations on increasing e�ciency of the work in this field. While carrying out this activity, if Anticorruption Directorate discovers conditions conductive to corruption o�ences in the regulation mechanisms, including statutes and statutory instruments and their drafts, it is entitled to raise the issues of rectification with the Prosecutor General. Moreover, Anticorruption Directorate carries out awareness raising activities, preventive measures and other powers.
Informs the President of the Republic of Azerbaijan and Anticorruption Commission of the Republic of Azerbaijan on its activity via the Prosecutor General
Reviews information on legal violations related to the corruption and conducts investigations
Launches criminal case on corruption o�ences and conducts preliminary (criminal) investigations
Fulfils the operational-investigation activities (Special Investigation Means) for the purpose of prevention, detection and investigation of corruption o�ences and oversees the implementation of laws in course of implementation of operational-investigation activities by other agents of operational-investigation activities subject to its written commission
Takes measures for the compensation of material damages caused by the result of corruption related o�ences and securing applicable confiscation of property as stipulated by the legislation
Ensures implementation of measures for the security of witnesses, victims, accused and other persons involved in the criminal process during preliminary investigation and judicial hearing of corruption related o�ences
Anticorruption Directorate with the Prosecutor General:
01.
02.
03.
04.
05.
06.
Anticorruption Directorate with the Prosecutor General cooperates with international organizations, specialized anticorruption agencies of other states, and national law enforcement agencies in view of significance of the international cooperation and sharing mutual experience in the field of anticorruption
45
Prosecutor General of the Republic of Azerbaijan established by his Ordinance 161 Hotline Call Centre under the Anticorruption Directorate for the purpose of facilitating submission of complaints by citizens facing corruption practices directly and without obstacles to the Anticorruption Directorate, as a specialized body for the prosecution of corruption. Call Centre launched its activity on the 3rd March 2011, for 24 hours a day, 7 days a week, including public holidays.
2011Department was vested
with operational-investigationpowers
Anticorruption Directorate with the Prosecutor General gives information on all directions of its activity to citizens at least 2 times a year and performs other measures of awareness-raising and prevention in the field of the fightagainst corruption.
According to the 11th March 2011 dated Decree of the President of the Republic of Azerbaijan, the number of employees of Anti-corruption Directorate with General Prosecutor of the Republic of Azerbaijan increased from 60 to 100 and significant changes were made in the number of technical employees.
Amendments to the Law on “Prosecutor’s O�ce” and “Operational-Investigation Activity” which were adopted on the 18th March 2011, vested Anticorruption Directorate with the Prosecutor General with operational-investigative powers (SIM).
For the purpose of implementation of obligations arising from above-mentioned laws in the field of strengthening the fight against corruption, Prosecutor General passed the Improvement of the Composition of Anticorruption Directorate and Directorate’s Structural Unit Charters Endorsement Order. The Order foresee establishment of 4 new units, disband of the 2 units, with their functions vested with newly established unit in order to perform function described below, so in the outcome of this restructuration process the number of units within the Directorate reached 7.
161Hotline Call Centre
was established in 2011.
46
The number of employees of Anticorruption Directorate increased from 100 to 140, according to the amendment on “Approval of Charter of the Anticorruption Directorate with the Prosecutor General and Total Number of Prosecutors” by the Ordinance of the President of the Republic of Azerbaijan on No. 138 of 28th October 2004, which was made on 24 July 2014. New composition of the Directorate, charters of departments and divisions were approved on the 9 January 2015 and sta� was appointed to the positions in accordance with this new structure.
Head of the Anticorruption Directorate, ex officio the Deputy Prosecutor General of the Republic of Azerbaijan
Deputy Head of Anticorruption Directorate
Deputy Head of Anticorruption Directorate
Department of Criminal
Investigation
Department of Preventive Measures
and InvestigationDivision Detective
Activities MaintenanceDepartment of Detective
Activities
Division of Internal Security
Senior Prosecutors Division of Expert Analysis
Department of Organizational and
Information Maintenance
Composition of Anticorruption Directorate with the Prosecutor General of the Republic of Azerbaijan
47
The President of the Republic of Azerbaijan, Mr. Ilham ALIYEV during the opening of the new administrative building of Anticorruption Directorate of the Republic of Azerbaijan
48
Mr. Ilham ALIYEV, the President of the Republic of Azerbaijan, participated at the opening ceremony of the new Headquarters of the Anticorruption Directorate with the Prosecutor General on the 30 September 2013, met with sta�, narrated his vision of their tasks and recommendations to them. New Headquarters of the Anticorruption Directorate was built in the national architectural style and in compliance with modern standards level in the course of implementation of State Program on “The Modernization of Activity of Prosecutor's O�ce of the Republic of Azerbaijan”.
49
Civil Service Commission with the President of the Republic of Azerbaijan
O
bjec
tive E
valuation
Based on Competition
One of the most important outcomes of the institutional reforms in the field of
fight against corruption is the establishment of the Civil Service
Commission of the Republic of Azerbaijan by the Decree of the President of the Republic of Azerbaijan on the 3rd June
2005
03 JUNE, 2005
As a result of the Commission’s activity, the recruitment to civil service is carried out through competition in a centralized manner, transparently and based on objective evaluation. The Commission has secured improvement in the legislative base governing civil service recruitment, elimination of conditions conductive to corruption in the process of admission of civil service and foundation of ethical basis of activity of state servants.
Civil servants are regularly involved to seminars and trainings in the field of fight against corruption organized with a view to improve their knowledge and skills. The Commission has elaborated training modules on anticorruption studies and ethics of civil servants. Commission took necessary measures in order to prevent possible negative factors in the process of recruitment to civil service by securing similar opportunities for all citizens. Online submission of documents mechanism was introduced.
Transpar
ent
Centralized
50
Transparency in admission to civil service was ensured by online surveillance of exam process through Commission’s web page, video recording of interviews with the consent of candidate for position, pre-publishing of programs of test exams and interviews in the web page, involving independent experts and members of civil society institutions for the purpose of objective evaluation during the interview, and provision of appeal right for the candidates dissatisfied with the result.
Regular measures have been carried out in order to improve the financial and social security of civil servants. ‘Rotation Rules’ were prepared to implement rotation system in the civil service. Internet portal was created to publish the information on civil service and state servants; the online submission of complaints and appeals through electronic means was maintained.
Commission regularly conducts awareness-raising measures on ethical issues, also by means of promotional materials circulation among state servants and citizens. Special sections were created in the web pages of other state bodies regarding the issues on ethics. Electronic complaining mechanism for non-ethical behaviour, rules of ethics, ethics reports, contact information of ethics commissioner of state bodies have been published in above-mentioned sections.
Commission set up the system of performance evaluation of civil servants and online support service and information database of civil servants. E�cient management of information on civil servants and announcements of competitions on vacant positions are provided through database.
Azerbaijan received the highest point within the Eastern Partnership countries for transparent and objective recruitment to civil service in centralized manner, as stated in the 2014 Report of ‘Comparative analysis of civil service within Eastern Partnership’ by the experts of SIGMA, established by joint initiative of European Union and Organization of Economic Cooperation and Development.
51
ASAN Service as an effective model in the fight against corruption
The comprehensive economic, administrative and legal reforms implemented in the country in recent years under the leadership of Mr. Ilham Aliyev, President of the Republic of Azerbaijan, are conditioned by the establishment of e�cient public administration. The modernization and renovation of state institutions derive from the intention of these reforms.
ASAN Service ensures the delivery of public and private services to the citizens from a single location. The centres o�er more than 270 services within the competence of 10 state entities and a number of private companies. The provision of relevant services by respective entities helps avoiding the duplication of roles and conflict of interests.
Ensuring transparency
Achieving citizens’ satisfaction in rendering legal services
Elimination of corruption cases
Application of modern technologies
Acceleration of transition to e-governance
Formation of new thinking in the civil servant–citizen relations
Thus, the main objective behind the establishment of these centres is to carry out the following tasks in the delivery of services by state entities:
The State Agency for Public Service and Social Innovations under the President of the Republic of Azerbaijan
The activity of the ASAN Service centres represents an e�ective model for the protection of basic human rights and freedoms and the application of transparent mechanisms in public service delivery.
Transparency constitutes the core principle of ASAN Service. Proactive methods are used to ensure transparency in the centres. Thus, monitors, boards and information panels displaying the list of rendered services and relevant state fees have been placed. The centres ensure that fees for services are paid through banks and payment terminals installed therein.
10 state entities More than 270 services
ASAN Service
01.
02.
03.
04.
05.
06.
The establishment of the State Agency for Public Service and Social Innovations under the President of the Republic of Azerbaijan by the
initiative of the President of the Republic of Azerbaijan in 2012 is an innovative example of
institutional reforms aimed at ensuring efficient public administration.
CO
MFO
RT
EFFICIENCY TRANSPAREN
T
The activity of the centres is based on the principles of efficiency, transparency,
politeness, responsibility and comfort.
POLITENESS
RESPONSIBILITY
52
The e�ective monitoring and assessment system of the State Agency, which carries out the unified management of ASAN Service Centres, completely eradicates all conditions conducive to corruption in the centres.
"The citizen is always right" principle occupies a special place in the activity of ASAN Service centres. The expression of “ASAN service – a service to the people” is fully consonant with this activity. For the realization of this approach, the employees of the centres are regularly involved in the trainings on e�cient service and ethical behaviour.
At present 9 ASAN Service Centres are functioning throughout the country. Five of them are located in the capital city of Baku, while other four are in Sumgait, Ganja, Barda and Sabirabad. After the commencement of Baku ASAN Service Centres No.4, the restriction on residential registration was removed for the capital, and the residents of Baku can benefit from services by applying at any nearby centre.
Baku No.1ASAN Service Centre
Baku No.2ASAN Service Centre
Baku No.3ASAN Service Centre
Baku No.4ASAN Service Centre
SumgaitASAN Service Centre
GanjaASAN Service Centre
Sabirabad ASAN Service Centre
BardaASAN Service Centre
President Ilham ALIYEV at the opening of Baku "ASAN service” centre No.3
53
After the commencement of new regional service centres, the restriction on registration for the residents of the country will be eliminated, and the citizens will be able to apply for services at any ASAN Service centres regardless of their place of registration.
In order to deliver services to the residents of the regions that do not host ASAN Service centres, and to ensure that the citizens benefit from services without visiting the centres, the buses equipped with the necessary modern technological tools provide services to the citizens in a mobile form. In a word, the state brings services to our citizens’ doors.
54
In the meantime, Mobile ASAN Service has been operating within Baku since 3rd February 2014. The citizens that do not have time to visit the centres can benefit from this service in an easy and comfortable manner at any time and address of their choice.
Today, international experts and organizations regard ASAN Service as the best practice, and several countries have expressed interest in applying this practice at home.
After familiarizing with the activity of ASAN Service during her visit to Azerbaijan to attend the Baku International Humanitarian Forum, Madam Helen Clark, Administrator of the United Nations Development Program, stated that “ASAN Service would be of interest to other countries seeking to modernize their public services”.
In order to ensure the social solidarity in the society, Mobile ASAN Service provides its services free of charge to the handicapped and persons with limited health conditions.
Hence, such an action that upholds social values ensures everybody’s equal access to public services, and in particular, creates equal opportunities for the representatives of vulnerable groups.
ASAN Service is the winner of the 2015 United Nations Public Service Award.
The selection process for the Award lasted from October 2014 till May 2015. Hundreds of initiatives and projects from all the countries of the world participated in this process.
ASAN Service successfully passed through all stages of the selection process, and was declared the winner in the annual session of the United Nations Committee of Experts on Public Administration, held on 20-24 April 2015 in New York. ASAN Service won the first place in the category of “Improving the Delivery of Public Services”.
55
Excerpt from the greeting speech of Ilham ALIYEV addressing the participants of member states of The Third Assembly of the International
Anti-Corruption Academy on the 19 November 2014.
Azerbaijan is a fast growing modern state. All measures are pursued consistently for keeping this dynamics. A system of transparent public relations had been formed and the activity of democratic institutions had been ensured. Our actions are highly valued by international
organizations and reputable rating agencies.
The Republic of Azerbaijan has declared the fight against corruption as priority during its chairmanship in Committee of Ministers of Council of Europe and demonstrated its determination to deal with this problem seriously at the international level. Our country is an active participant of all international initiatives in this sphere. Azerbaijan is one of the first
countries that joined United Nations Convention against Corruption.
ILHAM ALIYEVPresident of the Republic of Azerbaijan
2003-2015
InternationalCooperation
“
International Instruments and Organizations
Azerbaijan has ratified ‘United Nations’ Convention against Transnational Organized Crime’ on 13th May 2003 and ‘Council of Europe Civil and Criminal Law Conventions on Corruption’ December 2003. Azerbaijan also ratified ‘United Nations’ Convention against Corruption’ on 30th September 2005. Thus, Azerbaijan has formed modern legislative base in line with the requirements of international standards and implemented several institutional measures. This has increased the e�ciency of measures on organizational and institutional matters and the work in the field of fight against corruption. Notably, the delegations of the Republic of Azerbaijan regularly participated in the conferences of state parties to these Conventions in the past decade.The international review mechanisms on these conventions were regularly drafted by Azerbaijani Delegates in the capacity of international experts.
International Instruments and Organizations
International cooperation is one of the important directions of anticorruption strategy of the Republic of Azerbaijan. Apprehending of foreign experiences and expertise, joining and implementing the international instruments and building of partnership relations with foreign organizations and specialized bodies are the vectors of the international cooperation that produced successful results.
Azerbaijan has ratified all important international conventions in the field of fight against corruption and their implementation is underway. International organizations that review implementation of conventions continuously appreciated measures carried out in our country.
International Cooperation
Ratification of the United Nations Convention against Corruption (UNCAC) as early as the 30th September 2005, placed Azerbaijan in the vanguard of initial member countries that gave e�ect to this globally international legal document on fight against corruption, a process followed subsequently by the majority of states worldwide.
Moreover it is one of the first countries that went through review of the implementation of conventions in this field by the designated international and regional organizations. In the outcome of the evaluations, the reviewers acknowledged positive implementation status. The implementation of international and regional instruments contributed substantially to the introduction of and adherence to high international standards in the field of fight against corruption.
200313 MAY
United Nations Convention against Transnational
Organized Crime
200313 DECEMBER
200530 SEPTEMBER
Council of Europe Civil Law Convention on Corruption
Council of Europe Criminal Law Convention on
Corruption
United Nations’ Convention against
Corruption (UNCAC)
58
The Republic of Azerbaijan participates in following initiatives in the field of fight against corruption“ ”
At the 1st International Conference held in London on the 13th June 2003, the President of the Republic of Azerbaijan, Mr. Ilham Aliyev declared the decision of the Government of Azerbaijan to join the EITI and noted that he supported the international e�orts in this field. EITI is the global standard adopted in the field of the transparency in gas and mining industry.
Participation in international initiatives
An important step, towards implementation of the EITI in the Republic of Azerbaijan, was taken on the 24th November 2004. The EITI Commission signed Memorandum of Understanding (MOU) with the Coalition for Improving Transparency in Extractive Industries, which unites local and foreign extractive industry companies. It was the first document in the world of this kind. In this framework, the Commission has improved its relations with civil society institutions and increased the e�ciency of its activities.
The EITI implementation in Azerbaijan is a continuous process. The government of Azerbaijan publishes all oil, gas and mining payments by companies to government and all revenues received by government from oil, gas and mining companies to a wide audience in a publicly accessible, comprehensive and comprehensible manner, on regular basis.
As of 2012, the EITI implementation reports are regularly published in Azerbaijan. These reports are issued in accordance with the rules adopted at the V EITI Global Conference held in Paris in 2011. It should be noted that, Azerbaijan deals seriously with the requirements of this initiative, actively participates in its activities and therefore has achieved a number of successes in this field.
NATURALRESOURCES
A national multi-stakeholder group (government, industry & civil society) decides how their EITI process should work.
1 Government revenues & company payments are disclosed together with contextual information in an EITI Report .
2 to create public awareness & debate about how the country should manage its resources better.
3
The EITI process:Seeing results from natural resources
After joining this initiative, Azerbaijan has established Commission on EITI tasked with the implementation of its responsibilities before the EITI. The Commission collects information on the revenues of state bodies, state companies and other state-owned bodies, as well as revenues collected from foreign and local companies. Commission has established close contacts with non-governmental organizations acting in this area and extensively cooperates with them.
www.eiti.org
The main purposes of this initiative are effective use of the wealth gained from natural resources, maintenance of the transparency by governments and companies in extractive industry, management of the state resources and enhancement of the accountability.
Extractive Industries Transparency Initiative
59
The Republic of Azerbaijan ratified Criminal and Civil Law Conventions on Corruption in 2004 and joined the Group of States Against Corruption of Council of Europe (GRECO) in July of the same year. GRECO’s objective is to monitor compliance of the member states with Council of Europe anti corruption standards, evaluate achievements in this field through expert groups composed of representatives of state parties, improve the capacity of its members in the fight against corruption and support preparation of national anticorruption strategies. GRECO has conducted a series of evaluations under di�erent areas in Azerbaijan.
International cooperation
200619-23 JUNE
Joint First and Second Round Evaluation Report adopted
201027 SEPTEMBER - 1 OCTOBER
201414-18 APRIL
Third Evaluation Round Evaluation Report adopted
Fourth Round Evaluation Mission
20086-10 OCTOBER
Joint First and Second Round Compliance Report evaluated (satisfactory)
201217-21 OCTOBER
Third Round Compliance Report Compliance Report evaluated
Independence, specialization and means available to the national bodies engaged in the prevention and fight against corruption
Extent and scope of immunities
Proceeds of corruption
Public administration and corruption
Legal persons and corruption
Incrimination of corruption related o�ences
Funding of political parties
Prevention of corruption in the activity of members of parliament, judges and prosecutors.
Topics of the First Round Evaluation
Topics of the Second Round Evaluation
Topics of the Third Round Evaluation
Topics of the Fourth Round Evaluation
GRECO positively evaluated anticorruption reforms and e�orts in this field in Azerbaijan. Azerbaijan cooperates closely with GRECO and respective state representatives of the Republic of Azerbaijan participate in evaluation missions of other countries and are actively involved in the all the activities of GRECO.
www.coe.int/greco
20146-10 OCTOBER
Fourth Evaluation Round Evaluation Report adopted
Council of Europe/ Group of States against Corruption (GRECO)
60
www.coe.int/azpac
Project entitled ‘Support to the anticorruption strategy of Azerbaijan’ (AZPAC) was implemented during the years of 2007-2009 by the joint cooperation of the Azerbaijani Government and Council of Europe. It is an example of close and e�ective cooperation. The goal of the Project was to prevent corruption in line with the recommendations of the Group of States Against Corruption and the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL).
In the second round, the project prepared draft Law on “Prevention of the Legalization of Criminally Obtained Funds or Other Property and the Financing of Terrorism”, which was in line with the recommendations of MONEYVAL and FATF. AZPAC project finalized at the end of 2009. An extensive conference was held to review the results of the project with subsequent publication of outcomes of the project.
Within the ‘Support to the Anticorruption Strategy of Azerbaijan’ project, the Council of Europe and Anticorruption Commission of the Republic of Azerbaijan elaborated research documents on compliance of the national legislation to the UN Convention against Corruption, conducted microsystem researches covering the areas of tax, health and education, as well as ran trainings for prosecutors and judges. Moreover the project promoted the introduction of ‘single window’ registration (incorporation) of entrepreneurial agents. Furthermore, Anticorruption Commission of the Republic of Azerbaijan announced and performed grant program for the non-governmental organizations.
AZPAC project
Conference on the Inauguration of the project on ‘Support to the Anticorruption Strategy of Azerbaijan’
61
The aim of the Global Organization of Parliamentarians against Corruption is to unite the e�orts of parliamentarians across the world in the fight against corruption, increase the capacity of parliamentarians in this field and organize information exchange between them, further ensure the implementation of e�cient anticorruption measures in cooperation with regional branches of this organization.
Global Organizationof Parliamentarians
Azerbaijan enjoys close cooperation with GOPAC. Parliamentarians of the Republic of Azerbaijan participated at 3rd Conference of GOPAC, which was held in Kuwait in November 2008.
The Conference participants discussed the issue of establishment of regional o�ce in the South Caucasus and subsequently the new branch entitled ‘CAUPAC’ was established in Baku in 2009 by the Parliamentarians of the Republic of Azerbaijan.
International cooperation
Furthermore, GOPAC and South Caucasus Regional Branch jointly organized the Conference on ‘The Role of Society in the Fight against Corruption’ on the 22rd May 2009 in Baku. The representative of GOPAC emphasized the e�ective contribution of the Azerbaijani parliamentarians to the fight against corruption and highly praised their active participation in the work of organization.
www.gopac.org
2008Azerbaijani delegation participated
in III Conference which held in Kuwait
2009Regional branch of organization
CAUPAC was established
2013Azerbaijani branch of GOPAC
was established
The Azerbaijani Branch of GOPAC was inaugurated by 20 parliamentarians of the Milli Majlis (Parliament) of the Republic of Azerbaijan on the 12 November 2013.
62
IAACABilateral meetings
were held
International Association of Anticorruption Authorities (IAACA)
www.iaaca.org
The aim of this organization is to support implementation of the UN Convention against Corruption, provide necessary assistance to the anticorruption agencies of the state parties in global level, maintain international cooperation in the field of detection of persons whom try to escape from criminal liability on the territory of other states. The organization also implements corruption prevention measures both in public and private sectors, ensures exchange of expert views and other information in the field of anticorruption as well.
It should be noted that the meeting of executive committee of IAACA was held in Baku on 31st March – 2nd April 2008. The President of the Republic of Azerbaijan, Mr. Ilham ALIYEV has received the participants of the Executive Committee of IAACA at the Presidential Palace and wished them success in the further activities of the organization. This was a significant sign of importance given to IAACA by the Government of Azerbaijan.
IAACA events have also been exploited extensively as a platform for bilateral meetings between the senior o�cials of respective bodies of the Republic of Azerbaijan and anticorruption agencies of other states in order to establish and develop mutual relationships.
2006Establishmentof Association
2008Meeting of executivecommittee was held
The Republic of Azerbaijan has been participating in the activity of this organization since its establishment. The Minister of justice of the Republic of Azerbaijan, chairman of Judicial Legal Council, Mr. Fikrat MAMMADOV was elected vice-president and member of Executive Committee of this Association when it was established in 2006. The representatives of the Republic of Azerbaijan actively participate at all general meetings and conferences of the organization and support the organization of events.
“
63
International cooperation
Local Chapter of this organization has been operating in Azerbaijan since 2001. Azerbaijan government cooperates closely with this organization and these relationships have a long history. Organization of the Regional Conference of the Transparency International in Baku in 2007 is a successful example of this cooperation. The event was held with participation of representatives of more than 90 countries. In this event, commitments taken by Azerbaijan in the field of fight against corruption and carried out work in this field were highly evaluated.
The state agencies cooperate with the local Chapter of this organization and support the implementation of its regional projects within the country. Local Chapter actively participates in the process of improvement of national legislation base, preparation and as well as implementation of state programs on fight against corruption.
Moreover legal aid (ALAC project) and hot-line centres of local Chapter of this organization operate in the regions of our country.
ALAC project implemented in Azerbaijan was recommended as the best practice by the Transparency International Headquarters. The Local Chapter organized trainings on management and organization of legal aid centers (ALAC project) for the representatives of foreign countries.
The Chapter cooperates closely with the Anticorruption Commission of the Republic of Azerbaijan within the framework of Cooperation and Information Network of NGOs fighting against corruption. The representative of local Chapter is also the member of a Working Group under the Anticorruption Commission.
Transparency International
Transparency International is a specialized organization in the field of fight against corruption.
2001
Tras
npar
ent
Acco
unta
bilit
yIn
tegr
ity
The aim of this organization is to fight against corruption at all levels and in all spheres, as well as to promote transparency and
accountability.
“”
64
‘Global Corruption Barometer 2013’ of Transparency International indicated positive developments in the field of fight against corruption in Azerbaijan. Such as, according to the results of survey, 68% of respondents in Azerbaijan reported that they consider measures taken in the field of fight against corruption were e�ective.
Transparency International’s report on ‘Corruption-Related Risks in Eurasia’ indicates that the level of corruption in Azerbaijan has decreased and the reason for this was indicated as the implementation of significant reforms, local and international programs by Government.
Moreover, according to the Transparency International's Report on National Integrity System, the national integrity system of Azerbaijan was characterized as strong executive power, law enforcement bodies and anticorruption agencies.
20142015
www.transparency.org
Regional conference of Transparency International in 2007
65
International cooperation
PARİSregional konfrans
Azerbaijan joined the Anti-Corruption Network on Eastern Europe and Central Asia (ACN) in 1998 and its Istanbul Action Plan in 2003.
The aim of the Anti-Corruption Network is to support e�orts of the member countries aimed at prevention and fight against corruption and to promote exchange of the best practices and measures between them.
The Republic of Azerbaijan developed its cooperation ties with the OECD within the framework of Istanbul Action Plan (IAP).
Organization of Economic Development and Cooperation (OECD)
The situation with implementation of recommendations was assessed as satisfactory. The anticorruption reforms conducted in Azerbaijan were highly evaluated at the regional conference of the OECD held in Paris. The national legislation in this field was characterized as comprehensive and sustainable, institutional measures were considered e�ective. Such assessments are the indicators of high-level cooperation with this organization.
19982003
www.oecd.org
Azerbaijan passed three evaluation rounds of the IAP Anti-Corruption Network with regard to measures taken in the field of fight against corruption. The recommendations given to Azerbaijan were implemented successfully.
“
66
International Anti-Corruption Academy
2012Azerbaijan
joined IACA
The Republic of Azerbaijan has joined the International Anticorruption Academy by
adopting law on “Establishment of the International Anti-Corruption Academy as an
International Organization” in 2012. IACA organizes long-term and short-term seminars
and conferences and summer schools aimed at exchanging knowledge and skills in the
field of fight against corruption. IACA is the first institution in the world that has
developed and runs Master Program in Anticorruption Studies (MACS).
The Republic of Azerbaijan was one of the first countries that supported the initiative of establishing of International Anti-Corruption Academy and joined to this organization.
“
www.iaca.int
67
IACA closely cooperates with Azerbaijan. The delegation of the Republic of Azerbaijan participated at the ceremony of inauguration of IACA and its member was elected to the Bureau at the second session of assembly of the IACA. During the visit of the Dean of the IACA Dr. Martin Kreutner to Baku, Memorandum of Understanding aimed at developing bilateral relationships between the IACA and the Republic of Azerbaijan was signed.
Representatives of respective state agencies actively participate at the events held by IACA and support its activities.
Moreover, the third session of IACA’s Assembly of Parties was held in Baku on the 19-21 November 2014 and the Prosecutor General of the Republic of Azerbaijan Mr. Zakir Garalov was elected as the Chairman of the Assembly.
“
68
International Anti-Corruption Academy
3rd session of International Anti-Corruption Academy’s Assembly of Parties
International cooperation-conclusionThe Azerbaijani Government has substantially developed its cooperation with the international organizations and law-enforcement bodies of foreign states in the field of fight against corruption in the past decade. It established e�ective relations with Group of States against corruption (GRECO), Organization of Economical Cooperation and Development (OECD), International Anti-Corruption Academy (IACA), respective bodies of UN, International Association of Anticorruption Authorities (IAACA), specialized anticorruption agencies of foreign states and international organizations at the regional level. Moreover, joint projects were implemented in cooperation with foreign partners and exchange of experience was carried out.
International conference on ‘Fight Against Corruption: International Standards and National Experiences’ was held in Baku on the 30 June – 1 July of 2014, within the framework of the Chairmanship of Azerbaijan in the Committee of Ministers of the Council of Europe.
The event was organized by the Azerbaijani Government in partnership with the Group of States against Corruption (GRECO) and International Anti-Corruption Academy (IACA).
More than 230 state and government o�cials, heads of specialized anticorruption authorities and law enforcement bodies from 35 countries and 14 international organizations, members of the Anticorruption Commission of the Republic of Azerbaijan, senior o�cials of state bodies and representatives of civil society institutions participated in this event.
During the conference the specialized anticorruption bodies of Azerbaijan, i.e. the Anticorruption Commission and Anticorruption Directorate with the Prosecutor General discussed the issue of developing cooperation ties with their foreign counterpart agencies.
The Conference participants highly evaluated the measures taken in the field of the fight against corruption in the Republic of Azerbaijan.
Fight against corruption: International standards and national experience
Fight against corruption: International standards and national experience
69
Ilham ALIYEV, during his speech on the air of the Public Television, 2011
Public control in our country should be stronger. I ask you and all the citizens of the Republic of Azerbaijan to inform to the Presidential Administration and other respective authorities, as well as local executive bodies, about unpleasant practices, so that we eliminate these rectify
faults and heal the wounds.
ILHAM ALIYEVPresident of the Republic of Azerbaijan
Awareness-raising “Cooperation with Civil Society
Awareness-raising Internet Pages
Public Participation
Publications and Trainings
Awareness-raising
The awareness-raising is a significant element of the anticorruption policy of Azerbaijan. The implementation of awareness-raising always stays in focus as priority direction and broad measures were regularly carried out. Within the framework of the anticorruption measures, the Government arranges anticorruption training programs and workshops for representatives of state agencies; joint projects with civil society institutions are implemented; publications are made available to the public. Moreover, Internet pages on the fight against corruption have been created and the public is continuously informed about anticorruption measures through them. Establishment of public councils near the state bodies was ensured. Numerous handbooks, legislation compilations, promotional booklets and other educational means related to the fight against corruption have been printed.
www.antikorrupsiya.gov.az
In order to keep the public informed of the measures taken in the field of fight against corruption, English and Russian versions of Anticorruption Commission’s website are functioning at www.antikorrupsiya.gov.az domain. These Internet resources contain legislation in the field of fight against corruption, inform public about the activities of specialized institutions in fight against corruption and disseminate information on local and international events. The electronic pages of the Commission have been built on Twitter, Wikipedia and other social networks. Electronic appeals sections of webpage have been improved in order to ensure that citizens send their complaints easily. In order to broaden the scope of awareness-raising measures in the field of anticorruption, the relations with civil society institutions are developed though joint projects.
72
In the framework of the Network, public discussions of anticorruption legislation were organized, numerous memorandums of cooperation with state agencies were signed and public awareness raising programs were organized. Anticorruption Directorate with the Prosecutor General of the Republic of Azerbaijan signed memorandum of cooperation with the Network. Several projects were implemented in this field by the member NGOs of this Network with support of Anticorruption Commission
Anticorruption Commission joined the Information and Cooperation Network of NGOs fighting against corruption. The aim of this network is to enhance the exchange of experience and information between NGOs, to promote cooperation between them and state agencies.
The Forum on ‘Fight against corruption’ held in Baku on 15th April 2011 is an excellent example of cooperation between civil society and state agencies.
The State Council for Support to the Non–Governmental Organizations with the President of the Republic of Azerbaijan supported on regular basis the NGOs fighting against corruption and several significant projects were implemented in this area.
The composition of working groups near Anticorruption Commission was renewed and representatives of NGOs, international organizations, human rights commissioner o�ce and other partners were included to working groups under the Commission.
73
Awareness-raising
Moreover, a TV project on ‘Say No to Corruption’ was on air twice a month in 2011 within the framework of cooperation with Public TV for the purpose of improvement of public knowledge on prevention of corruption and public awareness. In order to keep the public informed on anticorruption measures, annual and semi-annual press conferences are held on regular basis.
The Register of legal acts of the Republic of Azerbaijan was created and started to act on www.huquqiaktlar.gov.az domain since 1st November, 2011.
Conferences covering di�erent regions of the Republic were organized in order to deliver the legislation acts adopted in the field of fight against corruption to public. In addition to that, compilation named ‘Legislation on Fight against Corruption’ was printed in Azerbaijani and English languages and disseminated among state agencies and non-governmental organizations.
KORRUPSIYAYA YOX
State Registration of Legal Acts of the Republic of Azerbaijan was established and an electronic form of state registration was launched in the domain name www.huquqiaktlar.gov.az from the date of 1st November 2011. More than 20.000 documents were uploaded to the electronic version of State Registration of Legal Acts (www.huquqiaktlar.gov.az), which is always public, free of charge and updated regularly. At same time, technical and software program and registration information systems have been regularly improved for the maintenance of both websites in working condition.
74
In the framework of the State Program on Fight against Corruption (2004-2006) and according to the requirement of the Presidential Decree on “Development of Judicial Bodies”, www.e-qanun.az portal was created. The www.e-qanun.az web portal is the first Internet resource of legislative and regulatory acts in Azerbaijan. The portal is available to public on free basis since its launch. With the implementation of National Strategy on Increasing Transparency and Combating Corruption (2007-2012), the activity of the portal was enhanced and approximately more than 30,000 legal documents were uploaded to the portal.
75
www.rusum.az
2010Creation
of website
With support of the Anticorruption Commission, www.rusum.az informational web resource on providing information about duties and tariffs for services rendered by the government agencies to citizens was created. The renewed version of this resource was presented in 2014. It should be noted that, www.rusum.az is the first information resource on all duties and fees.
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Awareness-raising
76
The aim of www.rusum.az is to make information on duties and fees for services rendered by government agencies available to citizens and as well as increase transparency and fight against corruption.
Special section was created in the updated version of the website to maintain easy access of duties and tari�s frequently used by citizens. Besides that, application forms necessary for obtaining services were posted in the side.
Rusum.az provides e-mails, phone numbers and addresses of state agencies for giving access to the citizens to address them.
Rusum.az provides online calculators on most useful and frequently used areas. Thus, citizens have opportunity to calculate pensions, vehicle technical inspection and compulsory insurance fees using calculators presented on the site.
Through the section of public council in the website, citizens have opportunity to participate at discussions on services rendered by state agencies and other significant public issues. It should be noted that the section of public forum has a great significance for supporting the activities of public councils established near state agencies according to Law on ‘’Public participation ‘.
Citizens could clarify the status of online queue at ASAN Service centers and can take online appointments by using rusum.az
Rusum.az provides opportunity to pay fees and tari�s to state agencies and other bodies online. Citizens can pay for utility services, mobile, telephone, banking, insurance and other services by using this portal.
Rusum.az provides information on procedures and fees on entrepreneurial activities for obtaining licenses as well as on rules and fees for obtaining visa for citizens traveling abroad.
Rusum.az has got attention of public since its establishment and contributed well to accessibility of information related to the field of fight against corruption. Rusum.az was created by non-governmental organizations specialized in the field of fight against corruption with support of Anticorruption Commission.
77
www.sukan.az
Within the cooperation with NGOs on awareness-raising measures, another online resource is sukan.az. The aim of this portal is to inform citizens about procedure of obtaining driving license, tra�c rules, road safety and other rules related to driving; furthermore citizens could publicize the issues that concern them.
At same time sukan.az portal promotes codes of ethics between drivers and pedestrians, encourages mutual respect between them and enlightens schoolchildren about tra�c and safety rules in more accessible and memorable manner.
Awareness-raising
78
Awareness-raising measures in the field of fight against corruption are carried out
regularly.
Law on “Public Participation” considered as a significant legal act in the field of fight against corruption by leveling up relationships between civil society and state agencies was adopted in 2013. This Law ensures active participation of civil society institutions in the public management and proactive treatment of state agencies.
Moreover, the Law provides opportunity to non-governmental organizations, media and trade unions to carry out public control over activities of state agencies by joining public councils.
The Law defines new requirements and legal framework for organizing public councils, public discussions and hearings.
The adoption of the Law on “Public Participation” is highly appreciated by international organizations and recognized as best practice.
79
Istiglaliyyat 19, AZ 1066 Baku, Azerbaijan(994 12) 492 04 65 (994 12) 492 04 65
tinyurl.com/antikorrupsiya@anticorruptiona
www.antikorrupsiya.gov.azo�[email protected]
Anticorruption Commissionof the Republic of Azerbaijan
Notes
ACHIEVEMENTSIN FIGHT AGAINST
CORRUPTION years