RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of July 22, 2008 No. 166

About approval of the Procedure for accreditation of the bodies giving legal assistance to foreigners and stateless persons in connection with interstate adoption

According to the Presidential decree of the Azerbaijan Republic of March 12, 2007 No. 547 "About application of the Law of the Azerbaijan Republic of October 20, 2006 No. 168-IIIQD "About modification and amendments in some legal acts of the Azerbaijan Republic", for the purpose of regulation of the relations arising between the state bodies and bodies giving legal assistance to adoptive parents in connection with interstate adoption and also activities of the legal entities acting in this sphere and implementation of the state control in the field of interstate adoption the Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "The procedure for accreditation of the bodies giving legal assistance to foreigners and stateless persons in connection with interstate adoption" (is applied).

1-1. The Ministry of Labour and Social Protection of the population of the Azerabaydzhansky Republic of times in half a year submits the following reports in the Cabinet of Ministers of the Azerbaijan Republic:

1-1.1. about the accredited bodies giving legal assistance in connection with interstate adoption;

1-1.2. About the permissions issued to bodies, accredited central body of foreign state being the participant of the Hague Convention "About Protection of Children and Cooperation in the field of Interstate Adoption" for implementation of activities in the territory of the Azerbaijan Republic;

1-1.3. about the soglasiya issued for rendering activities in the territory of foreign state by the bodies accredited by the Ministry of Labour and Social Protection of the population of the Azerabaydzhansky Republic;

1-1.4. about the control measures performed in connection with living conditions of the children who are citizens of the Azerbaijan Republic, adopted by foreigners and stateless persons.

2. This resolution becomes effective from the date of signing.

 

Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of July 22, 2008, No. 166

Procedure for accreditation of the bodies giving legal assistance to foreigners and stateless persons in connection with interstate adoption

1. General provisions

1.1. This Procedure establishes in connection with interstate adoption procedure for accreditation of the bodies giving legal assistance to foreigners and stateless persons in the field of adoption of the children who are constantly living in the Azerbaijan Republic, the rights and obligations of the specified bodies in connection with adoption, conditions of rendering legal assistance to the foreigners and stateless persons adopting the children who are citizens of the Azerbaijan Republic in the field of adoption of the children who are constantly living in the Azerbaijan Republic regulates procedure for informing state bodies of the Azerbaijan Republic on life of the adopted children, questions in connection with the state control over activities of legal entities, accredited in the field.

1.2. In the territory of the Azerbaijan Republic the legal assistance to foreigners and stateless persons in connection with interstate adoption can be the bodies accredited by the central body.

1.3. Activities of accredited body have non-commercial character. The accredited body cannot gain unreasonable financial income or any other profit in connection with adoption. Only the expenses connected with adoption, including the financial resources necessary for rendering legal assistance, the salary of workers, creation of documents, collection of data on life of the adopted children are refunded to accredited body. The cost of the services rendered by accredited body to the adopting persons is established by the agreement signed between them.

1.4. Accreditation is given for two years.

1.5. The accredited body can perform activities only within the powers assigned to it by the central body. The central body exercises control over structure, activities and financial condition of accredited body.

1.6. Organa, accredited by the central body of foreign state, being the participant of the Hague Convention "About Protection of Children and Cooperation in the field of Interstate Adoption" (the daleegaagsky Convention), can perform activities in the territory of the Azerbaijan Republic only if the central body of the Azerbaijan Republic granted permission for their activities. The central body is granted permission according to the procedure, established for accreditation.

1.7. The accredited body is guided in the activities by the Constitution of the Azerbaijan Republic, the Hague Convention, the legislation of the Azerbaijan Republic in the field of interstate adoption, this Procedure, and also other legal acts of the Azerbaijan Republic.

 

2. Basic concepts

2.1. The concepts used in this Procedure have the following values:

2.1.1. accreditation - giving permission to legal entities on rendering legal assistance to the foreigners and stateless persons adopting the children who are citizens of the Azerbaijan Republic;

2.1.2. accredited body - the non-commercial legal entity accredited by the central body in the procedure established by the legislation and giving legal assistance to foreigners and stateless persons in the field of interstate adoption;

2.1.3. the central body - the body appointed as the central body according to Item 1 of Article 6 of the Hague Convention (for the Azerbaijan Republic - the Ministry of Labour and Social Protection of the population of the Azerabaydzhansky Republic);

2.1.4. the adopting persons - the foreigners and stateless persons which submitted the address in connection with adoption of the children who are citizens of the Azerbaijan Republic.

3. Tasks of accredited body

3.1. Tasks of accredited body are:

3.1.1. to give legal assistance in the procedure established by the legislation of the Azerbaijan Republic also other services to the foreigners and persons without citizenship wishing to adopt the child who is the citizen of the Azerbaijan Republic in connection with questions of interstate adoption;

3.1.2. based on the address of the foreigners and stateless persons wishing to adopt the child, to represent them in the course of adoption, to perform with respect thereto the actions established by the legislation;

3.1.3. provide creation in accordance with the established procedure of the documents submitted in connection with adoption;

3.1.4. conduct internal registration of the adopting persons, provide storage of their documents;

3.1.5. perform in connection with adoption necessary measures within the restrictions set by the central body;

3.1.6. within the powers to inform the central body of the Azerbaijan Republic on future life of the adopted children, to provide control over their life during the term established by the central body, to collect and represent to the central body of the data on social psychological state, the state of health, development, education of the adopted child, material and psychological state of the family which adopted the child, the attitude towards the child in family and behavior of the child, its adaptation in family, etc.;

3.1.7. submit at the scheduled time the documents required based on request of the central body;

3.1.8. represent the comprehensive information about the adopting persons to the central body;

3.1.9. represent to the central body of the information about persons who are not conforming the established law to requirements to interstate adoption;

3.1.10. twice a year, time in six months to represent to the central body comprehensive data on the activities, financial condition and other questions required by the central body (in the report data on the salary of workers, expenses during activities, the income and other data are reflected);

3.1.11. represent to the central body the necessary information about itself (the address, contact data, founders, working personnel, structure, field of activity, etc.) and data in connection with change or reforming of representations in foreign countries;

3.1.12. inform the central body on the difficulties and circumstances which are negatively influencing activities which it is necessary to face in case of interstate adoption;

3.1.13. provide transparency of the activities;

3.1.14. report to the central body about change of any data provided in case of the request for accreditation;

3.1.15. perform other tasks in connection with adoption of the child.

3.2. The accredited body shall inform regularly the central body on the activities, the followed procedural rules, the services rendered in connection with adoption and their costs. The accredited body represents the corresponding data to the central body of the Azerbaijan Republic in the following procedure:

3.2.1. urgent data on the death of the adopted children, them abuse, lack of adaptation of children to the adoptive father's family, refusal of adoption or transfer of children to other families - within 24 hours;

3.2.2. reports and data on life of candidates for adoption, control over living conditions of the adopted children - in time, established by the Section 11 of this Procedure;

3.2.3. other necessary data on the activities or obligations - based on request of the central body.

4. The services rendered by accredited body

4.1. The accredited body renders to foreigners and stateless persons legal assistance in connection with interstate adoption.

4.2. The accredited body can offer the additional services connected with interstate adoption. For rendering other services which are not provided by this Procedure connected with interstate adoption, the accredited body shall receive the consent of the central body.

4.3. The legal assistance covers:

4.3.1. informing the foreigners and stateless persons adopting the children who are citizens of the Azerbaijan Republic about interstate and international legal rules of adoption;

4.3.2. informing on the rights and obligations of the adopting persons;

4.3.3. collection and creation of documents in connection with adoption;

4.3.4. approval of collected documents in the procedure established by the legislation;

4.3.5. giving of appeal to the court on behalf of persons going for adoption, and implementation of their representation in court;

4.3.6. preparation according to the special form of the questionnaire of data on marital status, property condition of the adopting persons, intra family climate, the relations established by the central body in family, physical examination of the adopting persons, attraction them to responsibility and other required data;

4.3.7. submission to the central body of documents of persons going for adoption;

4.3.8. collection of information about the adopted child and representation to their persons going for adoption;

4.3.9. rendering assistance to persons going for adoption in preparation of the documents necessary for entry into the country, and in questions of their entry into the Azerbaijan Republic and departure from it;

4.3.10. cooperation with accredited bodies of others of the state.

5. Requirements to the legal entity who submitted the address about accreditation

5.1. The body which addressed for accreditation shall be the non-commercial legal entity, and its activities shall have non-commercial character.

5.2. To the body which addressed for accreditation the following demands are made:

5.2.1. availability of the constituent documents determining its activities;

5.2.2. lack of contradictions between its activities and the Hague Convention and the legislation of the Azerbaijan Republic;

5.2.3. management of it from the persons instructed according to ethical standards and having work experience in the field of interstate adoption;

5.2.4. professionalism of working personnel, sufficient for accomplishment of tasks of accredited body, of the addressed body, availability at it necessary knowledge of interstate adoption and experience in this sphere;

5.2.5. availability of necessary opportunities for providing all stages of interstate adoption (rendering legal assistance, collection of data on the child's life after adoption, etc.);

5.2.6. availability of financial resources, sufficient for activities.

5.3. The central body can establish additional requirements for accreditation, having taken the legislation of the Azerbaijan Republic and the Hague Convention as basis.

6. Additional requirements to the body accredited in foreign state

6.1. In the territory of the Azerbaijan Republic as accredited body only legal entities accredited in accordance with the established procedure in the State Parties of the Hague Convention by the central bodies of data of the states can act.

6.2. The operating authority in the Azerbaijan Republic can be issued to accredited body of foreign state after accreditation by the central body of the state and when implementing of activities by it in connection with interstate adoption within 3 years.

6.3. For implementation of activities in the Azerbaijan Republic the body accredited in foreign state meeting the requirements of this Procedure shall address to the central body.

7. Activities of the body accredited in the Azerbaijan Republic in the territory of foreign state

7.1. The body accredited in the Azerbaijan Republic can perform activities in the territory of foreign state in case of issue of the corresponding permission by the central body of the Azerbaijan Republic and the central body of this foreign state according to the Hague Convention.

7.2. If the body which addressed for accreditation wishes to perform activities in the territory of foreign state, it shall specify about it and prove it in the address.

7.3. The operating authority in the territory of foreign state is issued by the central body of the Azerbaijan Republic for a period of 2 years.

8. The demands made to working personnel of the body which addressed for accreditation

8.1. The working personnel of accredited body, including leading employees and employees, shall meet the following requirements:

8.1.1. shall know the requirements following from the existing international legal documents connected with adoption and also the requirement of the national legal system;

8.1.2. shall have necessary communication capabilities, professional training, corresponding experience in the field of social work and social security of children;

8.1.3. shall meet other requirements established by the legislation.

8.2. For the purpose of ensuring professional training in the field of interstate adoption the accredited body shall provide holding trainings on advanced training of workers.

9. Procedure for accreditation

9.1. For accreditation it is necessary to address to the central body. The body which addressed for accreditation submits the following documents:

9.1.1. constituent documents of the legal entity and documents on state registration;

9.1.2. data on property status, workers, state and structure of the organization;

9.1.3. the documents confirming accreditation in foreign state (in appropriate case);

9.1.4. the recommendation of the central body of foreign state in which it is accredited, in the absence of the specified body, the state body performing it powers;

9.1.5. detailed information about work experience (in appropriate case);

9.1.6. data on implementation of activities in other states as accredited body (in appropriate case);

9.1.7. data on providing working personnel with the salary;

9.1.8. data on types of service which he intends to perform during the activities;

9.1.9. the data on service prices rendered by the addressed body;

9.1.10. other data recognized necessary by the central body.

9.2. The documents submitted for accreditation shall be constituted in official language of the relevant state, are legalized in the procedure established by the legislation, and their transfer into Azerbaijani shall be certified in notarial procedure.

9.3. In case of identification in the submitted documents of any shortcomings, uncertainty or gaps, person who addressed for accreditation is in writing informed on it and the central body appoints 45-day term for remedial action.

9.4. For the purpose of collection of additional data on the body which addressed for accreditation, the central body can send in the procedure established by the legislation inquiry to state bodies, diplomatic representations of the Azerbaijan Republic, and also competent state bodies of foreign countries.

9.5. In case of not remedial action at the scheduled time, the documents submitted with the address are not considered and return.

9.6. The body which addressed for accreditation is informed on results of consideration of the address within 3 months from the moment of registration of its address. In case of need this term can be prolonged for 1 (one) month.

9.7. To the addressed person the central body issues the relevant document on accreditation.

9.8. Permission to activities in the Azerbaijan Republic of the body accredited by the central body of foreign state is issued according to the procedure, provided for accreditation of person giving legal assistance to foreigners and stateless persons in the territory of the Azerbaijan Republic.

9.9. Permission to activities in the territory of foreign state of the body accredited by the central body of the Azerbaijan Republic is issued according to the procedure, established by the legislation of the specified state, based on the consent of the central body of the Azerbaijan Republic.

10. Refusal in accreditation

10.1. The central body refuses accreditation in the following cases:

10.1.1. in case of discrepancy of the body which submitted the address about accreditation, to the requirements established by this Procedure;

10.1.2. in case of representation by the body which submitted the address about accreditation, the false data;

10.1.3. when making the negative conclusion by the relevant state bodies of the Azerbaijan Republic and foreign state on the inquiry sent collection of data on the body which submitted the address about accreditation;

10.1.4. in case of unsatisfactory social and political and economic and social situation, state of environment in the territory of the state of registration of the body which submitted the address about accreditation, and also in the presence for any reason of difficulties with protection of children in the territory of the specified state;

10.1.5. in the presence in the legislation of the state of the body which submitted the address about accreditation, obstacles for recognition of the decision on adoption passed in the Azerbaijan Republic;

10.1.6. in the presence in the legislation of the state of the body which submitted the address about accreditation, the provisions limiting the child's rights, in particular the rights, freedoms and legitimate interests of the children who got under interstate adoption;

10.1.7. in the presence of data on earlier allowed violations of the law or ethical standards the body which submitted the address about accreditation or his employees, and also in case of violation of obligations on control over life of the adopted children;

10.1.8. in case of cancellation of accreditation of accredited body by the central body of the foreign state or permission issued to it for rendering legal assistance to foreigners and stateless persons in the territory of the Azerbaijan Republic.

11. Provision of data on living conditions of the adopted child

11.1. The accredited body, during the period from the date of the introduction in legal force of the judgment about adoption and before achievement of age of majority by the child, submits to the central body of the Azerbaijan Republic reports on living conditions and education of the adopted child in the family which adopted him. Reports are submitted within the terms established by this Procedure. Reports are submitted in state language of the respective foreign country. Reports shall be legalized, translated and approved in corresponding procedure if other is not stipulated by the legislation the Azerbaijan Republic and international treaties which it joined.

11.2. In the first year after adoption the situation in connection with living conditions and education of the child shall be researched before completion of the 5th month from coming into force of the judgment about adoption, and the report shall be submitted before completion of the 7th month from coming into force of the judgment about adoption.

11.3. The secondary research of living conditions and education of the child shall be conducted before completion of the 11th month from coming into force of the judgment about adoption, and the report shall be submitted before completion of the 13th month from coming into force of the judgment about adoption.

11.4. The third analysis of situation in connection with living conditions and education of the child shall be carried out before completion of the 18th month from coming into force of the judgment about adoption, and the report shall be submitted before completion of the 19th month from coming into force of the judgment about adoption.

11.5. The fourth analysis of situation in connection with living conditions and education of the child shall be carried out before completion of 23rd month from coming into force of the judgment about adoption, and the report shall be submitted before completion of the 25th month from coming into force of the judgment about adoption.

11.6. The fifth research of living conditions and education of the child shall be conducted before completion of the 35th month from coming into force of the judgment about adoption, and the report shall be submitted before completion of the 37th month from coming into force of the judgment about adoption.

11.7. In case of need, taking into account occurring in the adopted family of events, based on the decision of the central body of the Azerbaijan Republic reports shall be submitted also after 3 years from coming into force of the judgment about adoption, and also before achievement of age of majority by the child.

12. Ensuring confidentiality of adoption and the data concerning it

12.1. The accredited body shall provide confidentiality (secret) of adoption, data and the documents submitted to it in the course of adoption.

12.2. Data and documents on adoption are eternally kept in secret, and their protection will be organized.

12.3. In case of the termination in the cases of activities established by this Procedure accredited body, the stored confidential information and documents immediately are given on jurisdiction to the central body.

13. Control over activities of accredited body

13.1. Control over activities of accredited body is exercised by the central body.

13.2. Claims in connection with activities of accredited body are considered by the central body in the procedure established by the legislation.

13.3. The main form of control over activities of accredited body consists assembled data on activities of the specified body and assessment of collected data.

13.4. In case of control over activities of accredited body the following shall be considered:

13.4.1. the data received from public authorities of the Azerbaijan Republic, local government bodies, the central bodies of foreign states and physical persons about violation of the law by accredited body or its workers;

13.4.2. default on obligations cases about provision of reports and other data on control over living conditions of the child, and also adoption;

13.4.3. elimination by accredited body of earlier allowed violations in connection with violation of the law.

13.5. The salary of workers is established by accredited body and cannot depend on the number of the adopted children.

13.6. The accredited body shall inform the central body on the prices of the rendered services and prove these prices. Determination of any payments in addition to stated prices is forbidden. The orientation of activities of accredited body on profit earning is the basis for accreditation cancellation.

13.7. In case of doubts in reliability of the provided data or their insufficiency from the point of view of transparency, the central body is authorized to research the provided data, to require necessary documents or carrying out audit inspection.

13.8. The accredited body shall prepare data on the prices established on the rendered services and in advance represent them to persons who addressed in connection with adoption.

14. Termination of accreditation of accredited body

14.1. In the following cases accreditation stops the decision of the central body:

14.1.1. in case of violation by accredited body of the requirements established by this Procedure;

14.1.2. in case of representation by accredited body in case of accreditation of false data;

14.1.3. in case of failure to carry out of the tasks by accredited body;

14.1.4. when implementing of activities by accredited body outside the framework established according to the procedure of accreditation;

14.1.5. in case of the expiration of the accreditation issued by foreign state, or the termination of the specified accreditation;

14.1.6. in case of liquidation of the legal entity who submitted the address for accreditation;

14.1.7. in case of not elimination by the accredited legal entity of the mistakes made in activities.

 

 

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