PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of December 13, 2007 No. 674

About creation of Council of the state support of non-governmental organizations for the President of the Azerbaijan Republic

List of amending documents

According to the Order of the President of the Azerbaijan Republic of July 27, 2007 "About approval of the concept of the state support of non-governmental organizations of the Azerbaijan Republic" I decide No. 2288:

1. Create Council of the state support of non-governmental organizations for the President of the Azerbaijan Republic.

2. Approve Regulations on Council of the state support of non-governmental organizations for the President of the Azerbaijan Republic it (is applied).

3. Charge to the Cabinet of Ministers of the Azerbaijan Republic:

3.1. resolve the issues connected with allocation of the appropriate place for the organization of activities of Council of the state support of non-governmental organizations for the President of the Azerbaijan Republic and its Secretariat and their material logistics;

3.2. determine expense budget and number of employees of Council of the state support of non-governmental organizations for the President of the Azerbaijan Republic;

3.3. in case of creation of the draft of the government budget for every year to provide allocation of appropriate means for the purpose of involvement of non-governmental organizations to implementation of programs and projects of the state and public importance.

3.4. resolve other issues following from this Decree.

4. Charge to the Ministry of Finance of the Azerbaijan Republic:

4.1. approve procedure for use of the means provided for allocation to non-governmental organizations.

5. This Decree becomes effective from the date of signing.

 

Approved by the Presidential decree of the Azerbaijan Republic of December 13, 2007 No. 674

Regulations on Council of the state support of non-governmental organizations for the President of the Azerbaijan Republic

I. General provisions

1.1. Council of the state support of non-governmental organizations for the President of the Azerbaijan Republic (further - Council) is created according to the Order of the President of the Azerbaijan Republic of July 27, 2007 No. 2288 "About approval of the concept of the state support of non-governmental organizations of the Azerbaijan Republic".

1.2. Council performs functions of specialized body in the field of promotion of cooperation between state bodies and non-governmental organizations and implementation of the state support to non-governmental organizations.

1.3. Council is guided in the activities by the Constitution of the Azerbaijan Republic and the laws of the Azerbaijan Republic, decrees and orders of the President of the Azerbaijan Republic, resolutions and orders of the Cabinet of Ministers of the Azerbaijan Republic and this Provision.

1.4. Council builds the activities on the principles of legality, transparency, collective nature, impartiality.

1.5. Council is independent in the activities and in case of accomplishment of the tasks interacts with state bodies and local government bodies, local, foreign and international non-governmental organizations on the partner beginnings.

1.6. For the purpose of ensuring activities of Council the Secretariat of Council is created (further - the Secretariat).

1.7. Implementation by Council of the state support of non-governmental organizations does not limit potential support to non-governmental organizations from state bodies or the international organizations.

1.8. Council has office forms with the image of the State Emblem of the Azerbaijan Republic.

II. Main objectives and tasks, rights and functions of Council

2.1. The main objective of Council consists in achievement of strengthening and consecutive development of civil society, increase in role of non-governmental organizations in the solution of socially significant problems.

2.2. The main objectives of Council are:

2.2.1. participation in preparation and implementation of the state policy connected with development of civil society;

2.2.2. involvement of non-governmental organizations to the solution of questions of the state and social significance;

2.2.3. making offers on enhancement of the legislation regulating activities of non-governmental organizations, the relations of state bodies with non-governmental organizations;

2.2.4. support of creation of stable and effective partner system for the purpose of forming of model of the modern relations between state bodies and non-governmental organizations;

2.2.5. conducting observations, analysis and propaganda of developments of non-governmental organizations;

2.2.6. being guided by the priority directions "Concepts of the State Support Non-governmental Organization of the Azerbaijan Republic", preparation and implementation of programs and projects of government assistance to non-governmental organizations;

2.2.6-1. support programs and projects of foreign and international non-governmental organizations directed to peacekeeping and safety, protection of human rights and freedoms, development of democracy and political pluralism, fight against corruption, human trafficking and terrorism;

2.2.7. accomplishment of other tasks established by the legislation.

2.3. Council has the following rights for accomplishment of the tasks:

2.3.1. prepare and represent to the President of the Azerbaijan Republic offers on enhancement of the state policy connected with activities of non-governmental organizations;

2.3.2. organize public discussions of legislative projects on enhancement of activities of non-governmental organizations, relations of state bodies and non-governmental organizations;

2.3.3. prepare the programs and projects connected with the solution of questions of the state and public importance to involve the specialists working in different spheres in their accomplishment, to organize the expert groups consisting of representatives of competent state bodies and non-governmental organizations;

2.3.4. organize the conferences connected with activities of non-governmental organizations, symposiums, forums and other actions, to participate in similar actions;

2.3.5. give to non-governmental organizations information help in advisory, methodical, organizational and technical, financial and other forms;

2.3.6. organize the extensive discussions connected with cooperation of state bodies and institutes of civil society in the solution of questions of the state and public importance, activities and development of non-governmental organizations;

2.3.7. represent to the public, the relevant state bodies and other organizations of the data and offer, connected with interaction of state bodies and non-governmental organizations and their development;

2.3.8. send requests in public authorities and local self-government, to physical persons and legal entities for receipt of the necessary data and documents connected with the questions relating to its powers and to receive at them similar documents and data;

2.3.9. study violations by non-governmental organizations of contractual commitments and their abuse on projects, address to competent state bodies for acceptance of adequate measures;

2.3.10. deprive the non-governmental organizations which violated contractual obligations on projects, the rights to take part in these programs for a period of up to 2 years;

2.3.11. in the procedure established by the legislation to create legal entities, printing editions, to issue special bulletins and other editions, to create and use the Website;

2.3.12. perform other rights established by the legislation.

2.4. Council performs the following functions according to the tasks assigned to it:

2.4.1. prepares and represents to the President of the Azerbaijan Republic the offers connected with development of civil society, enhancement of the relations between state bodies and non-governmental organizations, activities of non-governmental organizations;

2.4.2. carries out analyses in connection with activities of non-governmental organizations and constitutes reports;

2.4.3. takes measures for studying of public opinion in connection with activities of non-governmental organizations;

2.4.4. prepares offers in connection with help given to non-governmental organizations information in advisory, methodical, organizational and technical, financial and other forms;

2.4.5. provides creation for non-governmental organizations of equal conditions and opportunities for use of the provided financial aid;

2.4.6. prepares programs and projects of the state and public importance (further - projects), involves non-governmental organizations in their implementation;

2.4.7. determines the directions of expenditure of the funds allocated in the appropriate order from the government budget and which arrived at the expense of other sources established by the legislation on implementation of projects, accepts with respect thereto other necessary measures;

2.4.7-1. within competence controls proper use of the grant issued at the expense of means of the government budget;

2.4.7-2. Estimates subjects which financing is provided by means of the grants issued to non-governmental organizations, being legal entities of the Azerbaijan Republic the bodies specified in "The list of the organizations financed from the government budget of the Azerbaijan Republic, having potential to issue to legal entities and physical persons of the Azerbaijan Republic grants according to fields of activity" No. 654 approved by the Presidential decree of the Azerbaijan Republic of October 21, 2015 taking into account subitem 3.1.3 of the "Fund charter of youth of the Azerbaijan Republic" approved by the Presidential decree of the Azerbaijan Republic of March 7, 2018 No. 1871, and draws the conclusions on the specified grants;

2.4.8. will organize competitions for the purpose of implementation of projects by non-governmental organizations, determines rules and conditions of their carrying out and with respect thereto:

2.4.8.1. it is cancelled;

2.4.8.2. estimates the need for means which is available on the project;

2.4.8.3. determines forms, terms of submission of projects, the list of documents, necessary to representation;

2.4.8.4. it is cancelled;

2.4.8.5. it is cancelled;

2.4.8.6. makes the relevant decisions connected with the projects provided on tender;

2.4.8.7. it is cancelled;

2.4.8.8. determines cases of recognition of tender by cancelled;

2.4.8.9. it is cancelled.

2.4.9. represents to the Cabinet of Ministers of the Azerbaijan Republic the offers on approval of distribution of the subsidies (including maintenance costs of the Secretariat) provided in the government budget of the Azerbaijan Republic for non-governmental organizations approved with the Ministry of Finance of the Azerbaijan Republic;

2.4.10. based on tender performs financing of programs and projects at the expense of the means arriving from other sources established by the legislation and which are stored on the bank account of the Secretariat;

2.4.10-1. determines out-of-competition I will eat around, instructions for use and conditions of fund;

2.4.10-2. allocates funds for ensuring participation of non-governmental organizations in international actions;

2.4.11. considers and hears quarterly the report of the Secretariat on use of the means provided for non-governmental organizations (including maintenance costs of the Secretariat) and offers on fixing in the government budget for the next year of the available need for means;

2.4.12. considers reports of the Secretariat on carrying out monitoring and assessment of the performed projects;

2.4.13. considers quarterly and annual statements of the Secretariat about provision of use by non-governmental organizations of the funds allocated for carrying out programs and projects;

2.4.13-1. exercises general control of activities of the Secretariat;

2.4.14. represents to the relevant state bodies of the offer on the problem resolution, the interfering activities and to development of non-governmental organizations;

2.4.15. renders assistance in use of modern information technologies for providing and expansion of interrelation between state bodies and non-governmental to the organizations, and also between non-governmental organizations;

2.4.16. creates and develops national information and analytical network of non-governmental organizations;

2.4.17. prepares recommendations for state bodies about forming of mechanisms of interaction for the purpose of development of cooperation with non-governmental organizations;

2.4.18. encourages adoption of rules of ethical behavior by non-governmental organizations;

2.4.19. prepares offers on increase in professional level of persons performing activities in non-governmental organizations, takes measures for their implementation;

2.4.20. encourages expansion of international backgrounds of non-governmental organizations;

2.4.21. performs other functions according to the legislation.

III. Forming of Council

3.1. Council is effective as a part of 11 members. Members of council are appointed the President of the Azerbaijan Republic. 8 members are appointed from the representatives offered by non-governmental organizations, and other 3 members - from representatives of state bodies.

3.2. Term of office of members of council 4 years.

3.3. Persons designated in Council shall be persons with the higher education having authority among the public and high moral qualities.

3.4. The persons having double citizenship, not being citizens of the Azerbaijan Republic, having the obligations to other states condemned for crime, faces which incapacity is confirmed with court, and religious figures cannot be members of council.

3.5. The announcement of promotion by non-governmental organizations of candidates for Council is published in official state body.

3.6. Each of the groups of non-governmental organizations specializing in stated below spheres proposes 3 candidates for members of council:

3.6.1. human rights and democracy;

3.6.2. questions of family, woman and child;

3.6.3. questions of refugees, immigrants, persons with disability and veterans;

3.6.4. economic and social problems;

3.6.5. education, science, culture;

3.6.6. youth and fostering patriotism;

3.6.7. health care, health and ecology;

3.6.8. fight against drug addiction, corruption, human trafficking and terrorism.

3.7. Powers of the member of council can be ahead of schedule stopped by the decision of Council under the following circumstances:

3.7.1. in case of submission of the written application about exit from membership of Council at own will;

3.7.2. in case of detection of discrepancy of the member of council to the requirements provided by this Provision;

3.7.3. in case of inability more than six months to carry out the obligations for health reasons;

3.7.4. in case of nonparticipation for the disrespectful reason at meetings of Council three times in a row or six times within year;

3.7.5. in case of establishment by court of incapacity or special disability;

3.7.6. in case of the termination concerning it criminal case without availability of the justificatory bases, and also in the presence of the conviction of court or the judgment which took legal effect about application of enforcement powers of medical nature;

3.7.7. in case of assumption of the actions discrediting name of the member of council.

3.8. The new member to the place of the member of council whose powers were stopped ahead of schedule is appointed to remaining period of powers in the procedure provided by this Provision.

3.9. For covering of the entertainment expenses connected with implementation of the powers, the quarterly benefit equal to doubled monthly salary of the Chief executive of the Secretariat is provided to members of council. The money supply is paid from the government budget in Council.

IV. Organization of activities of Council

4.1. Members of council elect from the ranks by a simple majority vote the chairman of the board, the vice-chairman and the secretary of Council by term.

4.2. Chairman of the board:

4.2.1. will organize work of Council and performs management of it;

4.2.2. represents Council;

4.2.3. determines the agenda for meetings of Council and presides over the held meetings;

4.2.4. submits the questions relating to powers of Council for consideration of meetings of Council;

4.2.5. No. 594 is excluded according to the Presidential decree of the Azerbaijan Republic of 24.02.2012 

4.2.6. it is cancelled;

4.2.7. represents to Council of the offer on creation and liquidation of legal entities;

4.2.8. it is cancelled;

4.2.9. within the powers issues the orders and orders connected with the organization of work of the Secretariat;

4.2.10. represents to Council of the offer on position assignment and dismissal of the chief executive and the chief accountant of the Secretariat;

4.2.11. performs other powers according to the legislation of the Azerbaijan Republic.

4.3. The vice-chairman of Council carries out the tasks assigned to it by the chairman of the board. In case of temporary absence of the chairman of the board, its power the vice-chairman performs.

4.4. Members of council have the following rights:

4.4.1. take part at meetings of Council, express the opinion on holding meeting;

4.4.2. take part in the solution of the questions relating to powers of Council;

4.4.3. in advance to get acquainted with all materials provided on meeting of Council;

4.4.4. express the opinion on the decisions made in Council;

4.4.5. make offers on consideration at meeting of Council of the questions relating to powers of Council;

4.4.6. get acquainted with decisions, protocols and other documents of Council.

4.5. Members of council shall:

4.5.1. to treat without prejudice the questions considered at meetings of Council;

4.5.2. participate at meetings of Council and not miss meeting for the disrespectful reason;

4.5.3. not allow the actions and performances able to soil name of the member of council;

4.5.4. before decision making on the questions considered in Council not to express before the public the opinion on essence of question.

4.6. Each member of council shall inform Council on availability in the questions of the circumstances infringing on its private interests, and also able considered at meeting of Council to form the basis to his impartiality and not to participate in decision making.

In the presence of such bases, the reasonable objection in written or oral form can be declared to the member of council.

4.7. Meetings of Council are held regularly at least once in two months. Meetings are competent if at them there is more than a half of board members. The agenda and decisions of Council are made by a simple majority vote. The decisions made at meeting of Council are signed by the chairman and the secretary. If the Secretary is not present at meeting, one of members of council performs the functions according to the decision of Council.

4.8. Secretariat:

4.8.1. carries out organizational work on preparation of meetings of Council, prepares the agenda of meetings, necessary documents on the questions submitted for discussion, drafts of programs, represents them to members of council, collects the opinions of members of council which arrived on the matters, analyzes and generalizes them;

4.8.1-1. Announces competitions of financial aid of Council;

4.8.1-2. carries out expertize of the projects provided to Council by non-governmental organizations and provides activities of expert groups for this purpose;

4.8.1-3. Makes in Council offers on creation and structure of expert groups of representatives of the relevant state bodies and experts of non-governmental organizations for preparation of documents for consideration at meetings of Council;

4.8.1-4. conducts oral interviews with representatives of non-governmental organizations whose projects considers acceptable by Council, and informs Council on results;

4.8.1-5. publishes information on results of tenders in which public organizations participate;

4.8.1-6. signs the contract with the winner of tender on conditions of use of money;

4.8.1-7. Exercises coordination and control of projects implementation, financed based on the decision of Council, provides monitoring and assessment of the realized projects and reports to Council;

4.8.1-8. approves the final act of the project deliverables realized by non-governmental organizations and informs on it Council;

4.8.2. provides to Council quarterly and annual statements about condition of use of the funds allocated for implementation of programs and projects by non-governmental organizations;

4.8.3. in case of need invites to meetings of Council of representatives of competent state bodies and non-governmental organizations;

4.8.4. excluded

4.8.5. conducts clerical work in Council, protocols of its meetings and represents to the chairman of the board drafts of resulting documents of meetings;

4.8.6. within the powers takes adequate measures on execution of the decisions made by Council;

4.8.7. informs the public on the decisions made at meetings of Council;

4.8.7-1. organizes promotion of candidates of group of non-governmental organizations for forming of Council;

4.8.7-2. Will organize activities of Council, including signs agreements with commercial and non-profit organizations according to requirements of the legislation for implementation of the decisions made by Council;

4.8.7-3. creates electronic resources about the non-state organizations;

4.8.8. performs other functions in connection with activities of Council.

4.9. Management of activities of the Secretariat is performed by the chief executive. Chief executive of the Secretariat:

4.9.1. will organize activities of the Secretariat and issues orders and instructions on behalf of the Secretariat, signs agreements;

4.9.1-1. approves the annual plan of work of the Secretariat;

4.9.2. within the powers will organize execution of the decisions and orders made by Council and orders of the chairman of the board;

4.9.2-1. disposes of the funds allocated from the government budget for ensuring activities of Council;

4.9.3. with the consent of the chairman of the board appoints to position and dismisses from position of employees of the Secretariat, in the procedure established by the legislation takes concerning them measures of encouragement and authority punishment.

4.10. Maintenance costs of the Secretariat are financed from the government budget.

4.11. Annual maintenance costs of the Secretariat are determined by the Cabinet of Ministers of the Azerbaijan Republic based on the approved offers of Council and Ministry of Finance of the Azerbaijan Republic at the expense of the subsidies provided in the government budget of the Azerbaijan Republic for non-governmental organizations;

4.12. The secretariat has the separate balance which is according to the legislation in use of state-owned property, seal with the image of the State Emblem of the Azerbaijan Republic and own name, the corresponding stamps, emblem, forms, state and bank accounts.

 

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