Regulation on the Commission

On Approval of the Regulation on the Commission on Combating Corruption of the Republic of Azerbaijan

LAW OF THE REPUBLIC OF AZERBAIJAN

The Milli Majlis (Parliament) of the Republic of Azerbaijan resolves:

The "Regulation on the Commission on Combating Corruption of the Republic of Azerbaijan" is hereby approved (attached).
This Law enters into force on the day of its publication.

Ilham ALIYEV,
President of the Republic of Azerbaijan

Baku, May 3, 2005
№ 906-IIQ

Approved by Law No. 906-IIQ
of the Republic of Azerbaijan
dated May 3, 2005

Regulation

on the Commission on Combating Corruption of the Republic of Azerbaijan

I. General Provisions

The Commission on Combating Corruption of the Republic of Azerbaijan (hereinafter referred to as the "Commission") is established in accordance with Article 4.2 of the Law of the Republic of Azerbaijan "On Combating Corruption" and performs specialized functions in the field of combating corruption.
In its activities, the Commission adheres to the Constitution of the Republic of Azerbaijan, international treaties to which Azerbaijan is a party, the laws and other normative legal acts of the Republic of Azerbaijan, as well as this Regulation.
The Commission consists of 15 members. Five members are appointed in accordance with Clause 32 of Article 109 of the Constitution of the Republic of Azerbaijan, five members are appointed by the Milli Majlis (Parliament) of the Republic of Azerbaijan, and five members are appointed by the Constitutional Court of the Republic of Azerbaijan.
The Commission operates in collaboration with the legislative, executive, and judicial authorities, providing them with regular updates on the state of combating corruption.

II. Main Responsibilities of the Commission

5. The main responsibilities carried out by the Commission are as follows:
5.1. Participating in the formulation of state policy in the field of combating corruption and coordinating the activities of state bodies and other entities in this area.
5.2. Analyzing the state and effectiveness of anti-corruption measures.
5.3. Monitoring the implementation of state programs on combating corruption.
5.4. Receiving financial data as stipulated by Article 5.1 of the Law of the Republic of Azerbaijan "On Combating Corruption."
5.5. Supervising the submission of financial data as stipulated by Article 5.1 of the Law of the Republic of Azerbaijan "On Combating Corruption."
5.6. Collecting, analyzing, and summarizing information on corruption-related offenses, providing relevant proposals to state bodies and other entities, and ensuring confidentiality for individuals reporting corruption-related offenses in accordance with the Law of the Republic of Azerbaijan "On Combating Corruption."
5.7. Cooperating with state bodies and other entities in the field of combating corruption.
5.8. Participating in the formulation of state policy in the field of combating the legalization of criminally obtained funds or other property and the financing of terrorism, coordinating the activities of state bodies and entities in this area, and monitoring the implementation of state programs.

The Commission performs other duties in accordance with legislation.

III. Main Rights of the Commission

7. To fulfill its duties, the Commission exercises the following rights:

7.1. Studies and summarizes the implementation status of anti-corruption legislation, listens to reports and information from the heads of law enforcement and other state bodies and institutions regarding this matter.

7.2. Obtains necessary information and materials from state and local self-government bodies and institutions and submits substantiated written requests for information from the state register of real estate in accordance with the Law of the Republic of Azerbaijan "On the State Register of Real Estate."

7.3. Requests information from relevant state bodies and institutions on the implementation of measures outlined in state anti-corruption programs and analyzes the status of those efforts.

7.4. Prepares proposals and recommendations for improving the effectiveness of anti-corruption efforts and eliminating identified deficiencies, and takes measures to implement them.

7.5. Conducts activities to study public opinion on corruption and raise awareness about combating corruption.

7.6. Collaborates with non-governmental organizations, media entities, private sector representatives, and independent experts, involving them in specific tasks as necessary.

7.7. Participates in international cooperation to organize and enhance the effectiveness of anti-corruption measures.

7.8. Summarizes complaints related to corruption offenses, proposes inspections of the activities of state or municipal bodies and state enterprises based on frequent complaints, assigns inspections to relevant state bodies or audit organizations, and submits materials to the Prosecutor General's Office of the Republic of Azerbaijan if criminal violations are identified.

7.8-1. Analyzes the assessment of corruption risks conducted in state and other institutions and provides recommendations based on the results.

7.8-2. Informs the public about the results of anti-corruption activities and corruption risk assessments.

7.9. Submits proposals for improving anti-corruption legislation.

7.10. Provides financial support to non-governmental organizations for the preparation and implementation of programs and projects related to anti-corruption issues.

7.11. Studies and summarizes the implementation status of legislation against the legalization of criminally obtained funds or property and the financing of terrorism. It listens to information from the heads of law enforcement and other state bodies, analyzes the implementation of measures outlined in state programs in this field, prepares proposals and recommendations for addressing deficiencies, and takes measures to implement them. Additionally, it provides recommendations for improving legislation and participates in international cooperation.

8. The Commission exercises other rights in accordance with legislation.

IV. Organization of the Commission’s Activities

9. The Commission consists of 15 members. Five members are determined by the body designated by the relevant executive authority, five by the Milli Majlis (Parliament) of the Republic of Azerbaijan, and five by the Constitutional Court of the Republic of Azerbaijan.

9-1. The term of office for Commission members is five years.

9-2. Members appointed by the body designated by the relevant executive authority include leaders of law enforcement agencies and officials of the designated body.

9-3. Members appointed by the Milli Majlis include deputies, members of the Chamber of Accounts, and senior officials of the Milli Majlis Secretariat.

9-4. Members appointed by the Constitutional Court include representatives of the judiciary, prosecution, justice bodies, and the Bar Association.

9-5. The Commission is chaired by a Chairperson, who is elected by a simple majority vote of the members.

9-6. The powers of a Commission member may be terminated early in the following cases:

At their own request.
Upon dismissal from their position.
Upon a final court conviction or a legally binding decision for medical compulsory measures.
Upon termination of Azerbaijani citizenship, acceptance of another country's citizenship, or assuming obligations to another state.
If they engage in actions that damage the Commission’s reputation.
Upon a court ruling confirming incapacity or limited capacity.
Upon death or a court declaration of death or missing status.

9-7. In case of a conflict of interest, a Commission member must notify the Chairperson, and their participation in related discussions or voting shall follow the Chairperson’s and other members’ opinions.

9-8. The Commission operates on a voluntary (unpaid) basis.

9-9. To improve the legal framework, monitor state programs, conduct studies, and implement measures against the legalization of illicitly obtained property and terrorism financing, the Commission may establish working groups consisting of representatives from relevant state institutions.

9-10. These working groups may also include representatives of NGOs, media entities, the private sector, and independent experts.

9-11. Documents prepared by working groups may be discussed in Commission meetings, and appropriate decisions may be adopted.

10. The Commission addresses matters within its competence during its meetings, which are held regularly in accordance with its approved regulations. Extraordinary meetings may be convened as necessary. Meetings are valid if two-thirds of the members are present. Decisions are made by a simple majority vote. In case of a tie, the Chairperson has the deciding vote. Members with dissenting opinions may append their remarks to the decision.

11. Other individuals may be invited to Commission meetings.

12. Members act independently in their roles.

13. The Commission approves its own Regulations.

14. The Commission uses an official letterhead with the national emblem of the Republic of Azerbaijan.

15. A permanent Secretariat is established under the Commission. The Head of the Secretariat is appointed by the Commission’s decision, while other staff members are appointed by the Chairperson. The Secretariat handles organizational tasks for meetings, prepares documents for discussions, and manages clerical and other tasks.

16. The Secretariat is a state body, and its employees are civil servants.

17. The Secretariat’s activities are funded by the state budget.

18. The Secretariat’s powers are determined by the Commission.

19. The Commission prepares an annual report on its activities and submits it to the President, the Milli Majlis, and the Constitutional Court of the Republic of Azerbaijan.