Regulation of the Commission on Combating Corruption of the Republic of Azerbaijan
Approved by Decision No. 1 of the Commission
on Combating Corruption of the Republic of
Azerbaijan, dated February 6, 2025
Regulation of the Commission on Combating Corruption of the Republic of Azerbaijan
1. General Provisions
1.1. These Regulations have been prepared in accordance with Article 13 of the “Regulations on the Commission on Combating Corruption of the Republic of Azerbaijan” (hereinafter – the Regulations), approved by the Law of the Republic of Azerbaijan No. 906-IIQ dated May 3, 2005, and regulate matters related to the organization of the activities of the Commission on Combating Corruption of the Republic of Azerbaijan (hereinafter – the Commission).
1.2. The Chairperson of the Commission convenes the meetings of the Commission, determines the date, venue, agenda, and format of the meeting, and presides over it. Information on the meeting, the agenda, the draft decision, and the documents related to the matters under discussion shall be sent to the Commission members by the Secretariat of the Commission (hereinafter – the Secretariat).
1.3. An extraordinary meeting of the Commission shall be convened by the Chairperson of the Commission either on their own initiative or at the request of at least five members of the Commission. Members of the Commission requesting an extraordinary meeting shall submit their proposals regarding the agenda to the Chairperson of the Commission.
1.4. The meetings of the Commission may be held in person with the direct participation of its members and invited persons, remotely using information and communication technologies, or in a hybrid format.
1.5. The meetings of the Commission may be open or closed. It is prohibited for the members of the Commission and other participants of closed meetings to disclose information regarding discussions and statements made during such meetings without the consent of the Commission.
1.6. In accordance with the eighth sentence of Article 10 of the Regulations, for the adoption of decisions related to the organization of the Commission’s work without convening a meeting, the Secretariat shall send the draft decision to the members of the Commission for their feedback. If a member of the Commission requests a discussion on the draft decision, a meeting of the Commission shall be convened. If no member of the Commission requests a meeting or submits objections or comments on the draft decision within seven working days from the date the draft decision was sent, it shall be considered as agreed upon by the members.
1.7. The Chairperson of the Commission issues orders regarding the appointment and dismissal of Secretariat employees, incentives or disciplinary actions, leave, business trips, and other human resource management matters. The Secretariat is responsible for documenting the meetings of the Commission and its working groups.
2. Organization and Coordination of the Activities of the Commission’s Working Groups
2.1. In accordance with Article 9-9 of the Regulations, a working group shall be established by the decision of the Commission. The composition of the working group shall be formed by the Secretariat and shall consist of no fewer than 10 and no more than 20 members. The working group may include representatives of state and local self-government bodies, legal entities owned by the state or municipalities or in which the state or municipalities hold a controlling stake, public legal entities, and budgetary organizations (hereinafter – institutions), as well as representatives of non-governmental organizations, media entities, the private sector, and independent experts. The Secretariat shall request nominations from the relevant institutions and announce a competition for representatives of non-governmental organizations, media entities, the private sector, and independent experts.
2.2. When nominating candidates for the working group, the following criteria shall be considered:
2.2.1. experience in the relevant field of the working group’s activities;
2.2.2. education and experience in law (including international and comparative law), public administration, and anti-corruption efforts;
2.2.3. ability to conduct legal and social research;
2.2.4. experience in legislative drafting;
2.2.5. teamwork skills;
2.2.6. initiative;
2.2.7. foreign language proficiency;
2.2.8. problem-solving skills;
2.2.9. critical thinking;
2.2.10. responsibility.
2.3. The Secretariat shall determine the conditions and procedure for the competition for representatives of non-governmental organizations, media entities, the private sector, and independent experts, based on the criteria outlined in Section 2.2 of these Regulations.
2.4. The term of office of the working group is three years. If, during this period, a member of the working group is appointed to another position outside the institution they represent, their respective institution must notify the Secretariat and submit the details (name, surname, and position) of the proposed new representative. In such a case, the previous member’s mandate shall be terminated, and the new member shall be appointed in accordance with Section 2.1 of these Regulations. The new member’s term shall be limited to the remaining term of the outgoing member. Two months before the expiration of the working group’s term, the Secretariat shall initiate the formation of a new composition, request nominations from relevant institutions, and announce a competition for representatives from non-governmental organizations, media entities, the private sector, and independent experts.
2.5. The members of the working group have equal rights and responsibilities concerning the activities of the group. The head and deputy head of the working group shall be elected from among its members by a simple majority vote. The members of the working group serve on a voluntary (unpaid) basis.
2.6. The head of the working group distributes tasks among its members, liaises with the Commission or Secretariat on matters related to the organization of the working group’s activities, proposes the inclusion of new members or the removal of members under circumstances outlined in Section 4.10 of these Regulations, and represents the working group. If the head is unable to perform their duties, the deputy head shall assume the responsibilities.
2.7. The secretary of the working group shall oversee the organization and coordination of the working group’s activities in accordance with these Regulations. The secretary shall be appointed from among the Secretariat’s staff by the Secretary of the Commission. The working group’s secretary ensures the organization and conduct of meetings, coordinates the agenda with the working group’s head, and reports on the working group’s activities to the Secretary of the Commission.
2.8. Official document circulation between the Secretary of the Commission, the head of the working group, its members, and the secretary shall be conducted via the "Management and Coordination Panel" (hereinafter – the Panel) on the Commission’s internet portal. The submission of opinions on draft normative legal acts and other documents, as well as feedback and assignments with deadlines, shall be conducted via the Panel.
2.9. Until the full implementation of the Panel, official document circulation for the purposes of these Regulations shall be temporarily conducted through official email addresses or other information and communication technologies.
3. Activities of the Commission's Working Groups
3.1. The working groups operate in the following directions:
3.1.1. Preparation of draft normative legal acts;
3.1.2. Providing opinions on draft normative legal acts and other matters submitted to the working group by the Secretariat;
3.1.3. Providing information on the theoretical aspects of issues to be discussed at the Commission's meeting and examples from international practice upon the Secretariat's request;
3.1.4. Providing proposals, either at the Secretariat's request or on the working group's initiative, on improving the country's position in international rankings on anti-corruption and transparency, as well as drawing attention to existing problems in this field and suggesting solutions;
3.1.5. Providing opinions on responses prepared by institutions (organizations) to inquiries from international organizations specializing in anti-corruption or other international ranking bodies;
3.1.6. Developing a methodology for assessing corruption risks in institutions (organizations), identifying, analyzing, and evaluating risks in different sectors, and implementing appropriate measures;
3.1.7. Analyzing the implementation status of state programs on anti-corruption and evaluating their efficiency and effectiveness;
3.1.8. Participating in awareness-raising activities on anti-corruption through training, courses, publications, promotional materials, and other methods, as well as providing recommendations in this regard;
3.1.9. Undertaking other necessary measures related to the activities of the Commission.
3.2. The preparation of a draft normative legal act consists of drafting the text of the normative legal act, providing comments and remarks on the text by a working group member, discussing these comments and remarks at the working group’s first meeting on the draft, expressing an opinion on the draft normative legal act by a working group member, and adopting a final decision on the draft normative legal act by the working group.
3.3. For the preparation of a draft normative legal act, a sub-group of at least three members may be established within the working group by its leader. The sub-group, in accordance with the given assignment, prepares either the entire or part of the draft and submits it to the working group for review. If the sub-group only prepares the titles of the structural elements of the act, the content of these elements must be developed by the working group members within 10 working days. If the draft is extensive, the working group’s secretary may extend this period multiple times, by up to 10 working days each time. The leader of the working group distributes the task of drafting the structural elements among the members, taking into account their education and experience in the relevant field.
3.4. Within five working days from the submission date, a working group member must provide their comments and remarks on the draft normative legal act and other documents on the main text of the draft. If the draft is extensive or in exceptional cases, the working group secretary may extend this period to 10 working days. Comments and remarks are made in real-time on a single copy of the draft. Other members and the secretary of the working group can review and respond to these comments and remarks in real-time. The absence of any comments or remarks from a member indicates their agreement with the draft.
3.5. Once the members of the working group have submitted their comments and remarks within the period specified in Section 3.4, the working group’s secretary schedules the first meeting on the draft within five working days for discussion. During this meeting, members may either defend or withdraw their comments and remarks.
3.6. After the first meeting discussing the comments and remarks, members have three working days to prepare a formal opinion on the draft in accordance with the annex to this Regulation and submit it to the working group secretary. Other members have the opportunity to review the opinion.
3.7. Within three working days from the expiration of the period specified in Section 3.6, the working group’s secretary convenes the final meeting on the draft normative legal act. At this meeting, the structural elements of the draft (sections, chapters, articles, paragraphs, etc.) are put to a vote, and decisions are made on whether each element is acceptable or not.
3.8. A working group member may submit a dissenting opinion on the discussed issue. If four or more members dissent, they may submit a joint written opinion or an alternative draft with justifications to the working group leader within three working days from the final meeting. The working group leader submits the dissenting opinion or alternative draft along with the adopted draft to the Commission’s Secretariat.
3.9. Decisions on draft normative legal acts or other matters submitted for review are made in accordance with Sections 3.4–3.8 of this Regulation.
3.10. Upon the Secretariat's request, the leader of the working group designates a responsible person(s) from among the working group members to conduct an analysis of the theoretical aspects of issues to be discussed at the Commission’s meetings and examples from international practice. The responsible person(s) submits a written report to the Secretariat within 10 working days.
3.11. Upon the Secretariat’s request or on its own initiative, the working group leader appoints a responsible person(s) from among the working group members to analyze the country’s position in international rankings on anti-corruption and transparency, as well as assess existing problems and their solutions. The leader sends relevant reports from international organizations or institutions to the responsible person(s), who must submit their written recommendations to the Secretariat within 20 working days.
3.12. The working group provides an acceptable or unacceptable opinion on responses prepared by institutions (organizations) to inquiries from international organizations specializing in anti-corruption or other international ranking bodies in accordance with Sections 3.4–3.8 of this Regulation. If the opinion is deemed unacceptable, the deficiencies in the prepared responses must be indicated, along with suggestions for their rectification. Even if the opinion is considered acceptable, improvements, additions, or refinements may still be proposed.
3.13. The working group develops a methodology for assessing corruption risks in institutions (organizations) in accordance with Sections 3.2–3.8 of this Regulation. The working group, with the participation of representatives from relevant institutions (organizations), determines risk criteria, indicators, and levels for different sectors, conducts periodic analyses, and updates risk criteria and indicators for evaluation.
3.14. The working group analyzes the information provided by institutions (organizations) on the implementation status of state programs related to anti-corruption in accordance with Sections 3.4–3.8 of this Regulation. Based on the submitted information, the working group evaluates the efficiency and effectiveness of these programs.
3.15. With the Secretariat’s approval, the working group organizes training sessions and courses on anti-corruption, prepares educational and promotional materials, delivers lectures upon request from relevant institutions, and conducts other awareness-raising activities. Educational and promotional materials, special programs, resources, and training modules are prepared in accordance with Sections 3.2–3.8 of this Regulation.
4. Forms of Activity of the Commission's Working Groups
4.1. The working group operates based on a six-month work plan approved by the Commission's Secretary. The working group secretary submits a written report on the group's six-month activities to the Commission’s Secretary.
4.2. Meetings are held on matters within the competence of the working group, and information exchange is conducted using the Panel or other information and communication technologies.
4.3. The working group’s meeting may be held in-person with the direct participation of its members and invited persons, remotely using information and communication technologies, or in a hybrid format.
4.4. The working group meeting is valid if more than half of its members are present. The working group’s decisions are made by open voting. In case of a tie, the vote of the working group leader is decisive.
4.5. The working group leader chairs the meeting. The working group secretary organizes the meeting, coordinates the work of the working group, and records the minutes of the meeting. The minutes are signed by both the working group leader and the secretary and submitted to the Commission’s Secretary.
4.6. An extraordinary meeting may be convened upon the request of the Commission’s Secretary, the working group leader, or more than half of the members. The working group secretary informs the members about the meeting at least three working days before the meeting date.
4.7. In compliance with the requirements of this Regulation, joint meetings of relevant working groups may be held. The necessity of holding a joint meeting is determined by the Secretariat.
4.8. If a working group member is unable to attend a meeting, they must inform the working group secretary in advance about the reasons. At the time of the meeting, the absent member must send their opinion on the issues to be discussed and the reasons for their inability to attend to the working group secretary.
4.9. The working group meeting may be held either open or closed. The decision on whether the meeting is open or closed is made by the working group leader. The disclosure of discussions, opinions expressed, and relevant documents from closed meetings by the working group members or participants without the approval of the Commission’s Secretary is prohibited.
4.10. A working group member who, without a valid reason, is absent from more than three consecutive meetings and fails to submit the necessary opinion and information as required in Section 4.8 or violates the requirements of Section 4.9 may be removed from the working group by the decision of the Commission’s Secretary upon the working group leader’s request.
4.11. Representatives from government agencies (institutions), non-governmental organizations, media entities, the private sector, and independent experts may be invited to the working group’s meetings by the working group leader or secretary with the approval of the Commission’s Secretary.
Annex to the Regulation of
the Commission on Combating
Corruption of the Republic of Azerbaijan
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Commission on Combating Corruption of the Republic of Azerbaijan ___________________________________________________________ Name of the Working Group
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OPINION |
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Title of the Project or Issue Submitted for Opinion |
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Conclusion on the Opinion |
Acceptable |
Unacceptable |
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Justification
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Additional Suggestions and Comments
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______________________________ Full Name of the Working Group Member |
______________________________ Signature and Date of the Working Group Member
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