PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of June 6, 2012 No. 648

About approval of the Regulations on the local executive authority

Being guided by article 109 of the Constitution of the Azerbaijan Republic, I decide:

1. Approve "Provision on the local executive authority" it (is applied).

2. Approve standard structure and quantity of established posts of the device, the chief executive of the city, area and urban area of the Azerbaijan Republic, representations of the chief executive on the administrative-territorial district and the local administrative-territorial district (are applied).

3. To the Cabinet of Ministers of the Azerbaijan Republic:

3.1. in three-months time to prepare and provide to the President of the Azerbaijan Republic offers on reduction of acts of the President of the Azerbaijan Republic to compliance with this Decree;

3.2. in three-months time to prepare offers on reduction of regulatory legal acts of the Cabinet of Ministers of the Azerbaijan Republic in compliance with this Decree and to inform on it the President of the Azerbaijan Republic;

3.3. keep under control reduction of regulatory legal acts of the central executive bodies in compliance with this Decree and within five months to inform the President of the Azerbaijan Republic on execution of it;

3.4. in three-months to term to go on in coordination with the President of the Azerbaijan Republic the procedure for forming and updating by database local executive bodies about the legal entities performing activities in the territory of administrative and territorial unit;

3.5. in three-months time to approve in coordination with the President of the Azerbaijan Republic procedure for forming and updating by database local executive bodies about the real estate units located in the territory of administrative and territorial unit;

3.6. in three-months time to approve in coordination with the President of the Azerbaijan Republic procedure for forming and updating by database local executive bodies about addresses of the real estate units located in the territory of administrative and territorial unit;

3.7. in two-month time to provide allocation of the financial resources necessary for ensuring activities of the local executive authority according to "Standard structure and quantity of established posts of administration of the head of the executive authority of the city, area and urban area of the Azerbaijan Republic, representations of the chief executive on the administrative-territorial district and the local administrative-territorial district".

3.8. resolve other issues following from this Decree.

4. To provide to the Ministry of Justice of the Azerbaijan Republic reduction of regulatory legal acts and acts of normative nature of the central executive bodies in compliance with this Decree and to inform on it the Cabinet of Ministers of the Azerbaijan Republic.

5. Recognize invalid parts 1 and 2 of the Presidential decree of the Azerbaijan Republic of June 16, 1999 as No. 138 "About approval of the Regulations on the local executive authority" (Collection of the legislation of the Azerbaijan Republic, 1999, No. 6, Article 345, No. 9, Article 542; 2001, No. 7, Article 456, No. 9, Article 593; 2002, No. 7, Article 412, No. 8, Article 480; 2003, No. 6, Article 290, No. 10, Article 585; 2004, No. 1, Article 19, No. 7, Article 537; 2005, No. 2, Article 69, No. 7, Article 597; 2006, No. 2, Article 84, No. 9, Articles 734, 743, No. 11, Article 940, No. 12, Article 1049; 2007, No. 2, Article 97, No. 8, Article 769, No. 11, Article 1105; 2008, No. 5, Article 373, No. 6, Article 498, No. 8, Articles 715, 719; 2009, No. 2, Article 64; 2010, No. 8, Article 724; 2011, No. 2, Article 85; 2012, No. 2, Article 73).

 

Approved by the Presidential decree of the Azerbaijan Republic of June 6, 2012 No. 648

Regulations on the local executive authority

1. General provisions

1.1. According to Item 7 of article 109 of the Constitution of the Azerbaijan Republic local executive bodies are created by the President of the Azerbaijan Republic.

1.2. According to part I of article 124 of the Constitution of the Azerbaijan Republic the executive power at the local level is performed by Chapters of the local executive authority.

1.3. Chapters of the local executive authority perform the activities, being guided by the Constitution of the Azerbaijan Republic, the laws of the Azerbaijan Republic, decrees and orders of the President of the Azerbaijan Republic, resolutions orders of the Cabinet of Ministers of the Azerbaijan Republic, regulatory legal acts of bodies of the central executive authority (in the Nakhchivan Autonomous Republic - being also guided by the Constitution and the laws of the Nakhchivan Autonomous Republic, decrees and orders of the management official of the Nakhchivan Autonomous Republic, resolutions and orders of the Cabinet of Ministers of the Nakhchivan Autonomous Republic), and also international treaties which party is the Azerbaijan Republic, and this Provision.

1.4. Chapters of the local executive authority perform activities on the basis of the following principles of protection of the rights, freedoms and legitimate interests of citizens, ensuring development of economy, the social and cultural sphere for improvement of welfare of the population of the corresponding territory, legality, publicity and accounting of public opinion.

1.5. The local executive authority log in and exercise in the corresponding territory public administration Chapter of the local executive authority, the device, created for the purpose of ensuring its activities in the corresponding administrative territory, representations on administrative territorial districts, representations on local territorial districts, the bodies in case of Chapter of the local executive authority (further - being in case of them bodies) which are under its supervision the state legal entities (further - subordinated legal entities) and city, district and city district structures of the central executive bodies (except for the Ministries of Internal Affairs of the Azerbaijan Republic, the Ministry of Emergency Situations of the Azerbaijan Republic, Service of state security of the Azerbaijan Republic, Public service of the Azerbaijan Republic on mobilization and conscription of the Azerbaijan Republic), public services and the state agencies in case of them, and also the structures entering into structure of the central executive bodies which activities are limited only to limits of the corresponding territorial unit. The local structures of the central executive bodies provided in this Item are under double subordination - they submit to relevant organ of the central executive authority, and also Chapter of the local executive authority.

1.6. The device created in the corresponding administrative territory for the purpose of ensuring its activities, representation on administrative territorial districts, representations on local territorial districts, bodies in case of Chapter of the local executive authority, and also subordinated state legal entities submit directly to Chapter of the local executive authority.

Structural divisions of bodies in case of the chief executive of the city with district division or the legal entities subordinated to it performing activities in housing and communal services and housing and operational sites in the territory of the respective urban area the performing works on collection and transportation of household waste, improvement, gardening, cleaning and lighting (including housing-and-municipal and housing and operational sites), have double subordination - they submit both to the chief executive, and the chief executive of the respective urban area.

Chapter of the local executive authority perform the common directorship of local structures of the central executive bodies which function in the corresponding territory.

1.7. Local executive bodies, representations of heads of the local executive authority of administrative territorial districts, representations on local administrative territorial districts, bodies in case of Chapter of the local executive authority and the legal entities subordinated to Chapter of the local executive authority have the state-owned property which is in their use, separate balance, treasurer and bank accounts, seal, the corresponding stamps and forms with the image of the State Emblem of the Azerbaijan Republic (except for seals of the legal entities subordinated to Chapter of the local executive authority) engraved by the name of the corresponding executive authority.

1.8. Maintenance costs and activities of the local executive authority are financed by the government budget of the Azerbaijan Republic (in the Nakhchivan Autonomous Republic - from the budget of the Nakhchivan Autonomous Republic) and other stipulated by the legislation sources.

2. Organization of activities of the local executive authority

2.1. According to article 124 of the Constitution of the Azerbaijan Republic chief executives are appointed to position and dismissed by the President of the Azerbaijan Republic.

2.2. According to article 141 of the Constitution of the Azerbaijan Republic in the Nakhchivan Autonomous Republic heads of the local executive authority are appointed the President of the Azerbaijan Republic on representation of the Chairman of the Supreme Majlis of the Nakhchivan Autonomous Republic.

2.3. Person appointed to position of Chapter of the local executive authority shall have the higher education. Heads of the local executive authority cannot hold at the same time any other elective or appointed position, be engaged in business, business and other paid activity, and also earn other salary, except official pay rate and allowances to it and coefficients. The double citizenship of Chapter of the local executive authority, availability at it of the obligation to other states is not allowed, he also cannot be the religious figure.

2.4. The deputy (deputies) the head of the local executive authority are appointed to position and are dismissed by Chapter of the corresponding local executive authority in coordination with the head of Administration of the President of the Azerbaijan Republic. In the Nakhchivan Autonomous Republic deputy heads corresponding to the local executive authority are appointed to position and dismissed by Chapters of the corresponding executive authority in coordination with the chairman of the Supreme Majlis of the Nakhchivan Autonomous Republic.

2.5. The deputy (deputies) the chief executive of the city of Baku are appointed to position and are dismissed by the President of the Azerbaijan Republic.

2.6. Deputy heads of the local executive authority perform executive management activity in the territory of the area, the city and the urban area according to the distribution of obligations made by Chapter of the corresponding executive authority carry out orders of the chief executive.

2.7. In case of lack of Chapter of the local executive authority, its stay on leave or business trip or impossibility of accomplishment of the powers by it in connection with disease or owing to other reasons, powers of Chapter of the local executive authority perform one of his deputies determined by the chief executive in coordination with the head of Administration of the President of the Azerbaijan Republic, and in the Nakhchivan Autonomous Republic in coordination with the chairman of the Supreme Majlis of the Nakhchivan Autonomous Republic.

2.8. Structure and quantity of established posts of administration of the head of the local executive authority, representations on administrative territorial districts and administrative local districts, bodies in case of Chapter of the local executive authority and numerical limit of their workers, legal entities subordinated to the President of the Azerbaijan Republic, Chapter of the local executive authority and set numerical limit of their workers the Cabinet of Ministers of the Azerbaijan Republic in coordination with the President of the Azerbaijan Republic.

2.9. Chapter of the local executive authority in coordination with the head of Administration of the President of the Azerbaijan Republic can transfer from one to other division established posts of structural divisions of the device, within the approved standard structure and number of established posts of administration of the head of the executive authority.

2.10. Procedure for execution of public service by the government employees working in administration of the head of the local executive authority, in representations of head of the local executive authority of territorial districts, representations on local territorial districts and also in bodies in case of Chapter of the local executive authority are established by the Law of the Azerbaijan Republic "About public service".

2.10-1. In the local executive authority Appeal Council which is the collegiate organ considering the claims which are repeatedly submitted the physical persons and legal entities which are engaged in business activity, in connection with own business activity, on decisions, actions or failure to act of body and its structural (local) divisions (except for the addresses on the offenses connected with corruption) and acting on the public (free) bases is created.

2.10-2. The head of the local executive authority approves the chairman of Appeal Council, and also other members of Appeal Council based on representation (offer) of the chairman of Appeal Council, the head and structure of the Secretariat.

2.11. For the purpose of consideration of economic, welfare and other local problems of the city, the area and the urban area and development of offers on their decision Chapter of the local executive authority create in case of themselves standing advisory body - Council. About 15 people can be part of Council. About 25 people can be part of Council in case of the chief executive of the city of Baku.

2.12. In case of Chapter of the local executive authority are part of Council: Chapter of the local executive authority, deputy heads of the local executive authority, and in case of chief executives of the cities of Baku and Ganja are included into structure of Councils also Chapters of the local executive authority of the urban area. Heads of departments of administration of the head of the local executive authority, local structures of the bodies functioning in case of them and the central executive bodies (including the local structures of bodies of the central executive authority excluded in Item 1.5 of this provision), and also heads of the organizations, organizations and companies which are in the territory of the area and the urban area also are part of Council. Individual structure of Council are determined by Chapter of the local executive authority.

2.13. Meetings of Council in case of Chapter of the local executive authority are held at least two times a month. Meetings of Council convoke and the head of the local executive authority, and in case of lack of Chapter of the local executive authority - the deputy replacing it presides over them. Meetings of Council are considered authorized in the presence of more than a half of his members.

2.14. For ensuring accomplishment of the decisions made at meetings of Council the head of the local executive authority has the right to publish the corresponding orders and orders.

2.15. The workers holding positions in representations of head of the local executive authority of administrative territorial districts, local administrative districts, and also bodies in case of Chapter of the local executive authority are appointed to position and dismissed by Chapter of the local executive authority according to the procedure, established by the Law of the Azerbaijan Republic "About public service", on submission of Chapter of the local executive authority.

2.16. Degrees of qualification of the government employees working in representations of head of the local executive authority of administrative territorial districts, local administrative districts and also bodies in case of Chapter of the local executive authority are appropriated by the chief executive on representation of heads of representatives and structures respectively.

2.17. Workers of the legal entities subordinated to Chapter of the local executive authority are appointed to position and dismissed by heads of data of structures.

3. Obligations of Chapters of the local executive authority

3.1. General provisions:

3.1.1. heads of the local executive authority personally bear responsibility to the President of the Azerbaijan Republic for accomplishment of the obligations assigned to them;

3.1.2. carry out orders of the President of the Azerbaijan Republic, and in the Nakhchivan Autonomous Republic - also orders of the Chairman of the Supreme Majlis of the Nakhchivan Autonomous Republic;

3.1.3. provide protection and implementation of the rights and freedoms, property of citizens, and also protection of public order in the corresponding territory;

3.1.4. provide interaction of the local executive authority with local structures of the central executive authority and other state bodies, and also the municipalities, non-governmental organizations and other organizations performing activities in the corresponding territory;

3.1.5. carry out the tasks assigned to the local executive authority by Articles 35. 2, 46. 4, 46. 5, 46. 15, 87.6 and 98.1 Electoral codes of the Azerbaijan Republic;

3.1.6. provide accomplishment in the corresponding territory of the actions determined in the actions plan approved by Administration of the President of the Azerbaijan Republic;

3.1.7. coordinate activities of bodies in case of the chief executive and legal entities subordinated to it, exercise the current control of condition of accounting and the reporting in these structures;

3.1.8. perform financing and material logistics of bodies in case of the chief executive;

3.1.9. represent the area, the city, the urban area in the relations with state bodies and other structures, and also on official hospitality events;

3.1.10. exercise public administration on archiving in the corresponding territory, will organize archive work in administration of the head of the local executive authority, representations on administrative territorial districts and administrative local districts, bodies in case of Chapter of the local executive authority and legal entities subordinated to it, including storage, protection of the archive documentation, its selection according to the nomenclature and delivery in the Public Records Office at the scheduled time;

3.1.11. take necessary measures for storage of the state secret and the mode of confidentiality according to the Law of the Azerbaijan Republic "About the state secret";

3.1.12. perform powers of the manager the data received as a result of activities of the local executive authority and also provide protection of these data against illegal access to them, their destructions, modification, blocking, provision, distribution, copying;

3.1.13. ensure safety of the state information resources and systems used in the executive authority, control the organization and implementation of work on data protection of bodies in case of Chapter of the local executive authority and legal entities subordinated to it;

3.1.14. provide holding actions in the field of operation of the state information system, use of information and telecommunication system, and also information security in administration of the head of the local executive authority, representations on administrative territorial districts and administrative local districts, bodies in case of Chapter of the local executive authority and legal entities subordinated to it;

3.1.15. provide implementation of operator functions of the information system created in the local executive authority, mutual data exchange with Administration of the President of the Azerbaijan Republic, state bodies, departments, organizations and the organizations;

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