LAW OF THE AZERBAIJAN REPUBLIC

of April 7, 2017 No. 566-VQD

About modification of the Criminal code of the Azerbaijan Republic

Being guided by Item 17 of part I of article 94 of the Constitution of the Azerbaijan Republic, Millie decides Majlis of the Azerbaijan Republic:

Criminal code of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2000, No. 4, book II, Article 251, No. 5, Article 323, No. 12, Article 835; 2001, No. 1, Article 24, No. 7, Article 455; 2002, No. 1, Article 9, No. 5, Articles 236, 248, 258, No. 6, Article 326, No. 8, Article 465; 2003, No. 6, Articles 276, 279, No. 8, Articles 424, 425, No. 12, book I, Article 676; 2004, No. 1, Article 10, No. 4, Article 200, No. 5, Article 321, No. 8, Article 598, No. 10, Article 762, No. 11, Article 900; 2005, No. 1, Article 3, No. 6, Article 462, No. 7, Article 575, No. 10, Article 904, No. 11, Article 994; 2006, No. 2, Articles 71, 72, 75, No. 5, Article 390, No. 12, Articles 1008, 1020, 1028; 2007, No. 2, Article 68, No. 5, Article 398, No. 6, Articles 560, 562, 579, No. 8, Article 757, No. 10, Articles 937, 941, No. 11, Articles 1049, 1080, 1090, No. 12, Article 1221; 2008, No. 6, Articles 454, 461, No. 7, Article 602, No. 10, Article 884, No. 12, Articles 1047, 1049; 2009, No. 5, Article 315, No. 7, Article 517, No. 12, Article 953; 2010, No. 2, Article 70, No. 3, Articles 171, 178, No. 4, Articles 275, 276, No. 7, Article 591; 2011, No. 4, Article 253, No. 6, Articles 472, No. 7, Articles 587, 601, 621, No. 11, Article 980, No. 12, Article 1093; 2012, No. 2, Article 45, No. 3, Articles 193, 196, No. 7, Articles 666, 669, 673, No. 11, Article 1068; 2013, No. 1, Article 14, No. 2, Article 102, No. 4, Article 364, No. 5, Articles 459, 479, 481, No. 6, Articles 594, 600, No. 11, Articles 1264, 1286, 1312, No. 12, Article 1492; 2014, No. 2, Articles 89, 95, No. 4, Article 327, No. 6, Articles 618, 622; 2015, No. 4, Articles 339, 359, 368; No. 5, Articles 504, 508, 510, No. 6, Articles 678, 690, 692, No. 11, Articles 1253, 1268, 1289, No. 12, Articles 1437, 1445; 2016, No. 4, Articles 634, 636, 638, 653, No. 5, Article 845, No. 6, Articles 993, 1001, No. 12, Articles 1983, 1999, 2008, 2019, 2038, 2048; 2017, No. 2, Article 161; No. 508-VQD) to add the Laws of the Azerbaijan Republic of February 1, 2017 with Article 308-2 of the following content:

"Article 308-2. Expenditure of public funds without holding procurement procedures or illegal carrying out public procurements

308-2.1. Expenditure the purchasing organization of public funds on the basis of the agreements signed without holding procurement procedures or illegal use of other methods of purchase in spite of the fact that according to the Law of the Azerbaijan Republic "About public procurements" it was required to carry out purchase of goods (works) on method of open tender if these acts caused damage in considerable size -

are punished by imposing of penalty on the amount from damage, double to the triple size, caused as a result of crime with deprivation of the right to hold certain position or to be engaged in certain activities for a period of up to three years, or imprisonment for a period of up to two years with deprivation of the right to hold certain position or to be engaged in certain activities for a period of up to three years. 308-2.2. Distribution under separate agreements of purchase of goods (works and services) at the expense of the means provided in the corresponding item of expenditure within one fiscal year, for the purpose of elimination of restriction of the amount for use of any other methods of purchase by the purchasing organization if these acts caused damage in considerable size -

it is punished by imposing of penalty on the amount from damage, double to the triple size, caused as a result of crime with deprivation of the right to hold certain position or to be engaged in certain activities for a period of up to three years, or imprisonment for a period of up to two years with deprivation of the right to hold certain position or to be engaged in certain activities for a period of up to three years. 308-2.3. The admission to participation in the procurement procedures performed by the purchasing organization, consignors (contractors) who are in legal, financial or organizational dependence from this organization if these acts caused damage in considerable size -

it is punished by imposing of penalty on the amount from damage, double to the triple size, caused as a result of crime with deprivation of the right to hold certain position or to be engaged in certain activities for a period of up to three years, or imprisonment for a period of up to two years with deprivation of the right to hold certain position or to be engaged in certain activities for a period of up to three years. 308-2.4. The acts provided by Articles 308-2. 1, 308-2.2 and 308-2.3 of this Code who entailed damnification in large size -

are punished by imposing of penalty on the amount from damage, triple to the quadruple size, caused as a result of crime with deprivation of the right to hold certain position or to be engaged in certain activities for a period of up to three years, or imprisonment for a period of two up to four years with deprivation of the right to hold certain position or to be engaged in certain activities for a period of up to three years. Note:

1. In Articles 308-2. 1, 308-2.2 and 308-2.3 of this Code are meant the amount at the rate from fifty thousand to two hundred fifty thousand manats "the considerable size", and in Article 308-2.4 of this Code "the large size" is meant as the amount over two hundred fifty thousand manats.

2. In Articles 308-2. 1, 308-2.2 and 308-2.3 of this Code are implied by "the purchasing organization" the companies and the organizations provided by the Law of the Azerbaijan Republic "About public procurements".".

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