AZERBAIJAN REPUBLIC
Naftalan City
EXECUTIVE POWER

Law of the Azerbaijan Republic

On the order for considering citizens` appeals

Citizens` right to appeal to state bodies with suggestions, applications and complaints constitutes an important component in the exercise and protection of human rights.

Article 1. The right to appeal

According to the first part of Article 57 of the Constitution of the Azerbaijan Republic, citizens of the Azerbaijan Republic have the right to appeal to state bodies in person and to send military and collective appeals. All appeals shall be responded to in writing in an established order and before an established deadline.

Article 2. Legislation pertaining to the consideration of citizens` appeals

The legislation of the Azerbaijan Republic pertaining to the consideration of citizens` appeals consists in the Constitution of the Azerbaijan Republic, the present Law and other legislative acts of the Azerbaijan Republic.

Article 3. Key definitions

Suggestion — an appeal which is intended to improve the activity of a body of state authority, department, organization and enterprise, and to resolve problems in education, science, technical, legal, creative and other areas.

Application — an appeal which envisages demands associated with the exercise of citizens` rights.

Complaint — an appeal to a state body, department, organization and enterprise regarding rehabilitation of a breached right.

Article 4. Areas not pertaining to the present Law

The present Law shall not apply to the consideration of citizens` appeals which are being considered in a judicial manner or within the framework of legal proceedings.

Appeals submitted by military servicemen in connection with their service shall be considered by the in-house service charter of the Armed Forces of the Azerbaijan Republic and disciplinary regulations.

Appeals associated with conducting the referendum shall be considered in accordance with the Election Code of the Azerbaijan Republic.

The consideration of citizens` appeal on the part of the human rights commissioner (ombudsman) of the Azerbaijan Republic shall be regulated by an appropriate Law. The order for the placement of an enquiry regarding acquisition of information and consideration of an enquiry regarding acquisition of information shall be regulated by an appropriate Law.

Article 5. Responsibilities of bodies of state authority, departments, organizations and enterprises

Bodies of state authority, departments, organizations and enterprises shall ensure the creation of necessary conditions for citizens of the Azerbaijan Republic to exercise their right to make written and verbal suggestions, submit applications and file complaints over the actions (inaction) of public officers in an order established and guaranteed by the Constitution of the Azerbaijan Republic and other laws.

Bodies of state authority, departments, organizations and enterprises, their management and other public officers shall accept suggestions, applications and complaints from citizens, consider them in accordance with their credentials in an order and before deadlines established by the present Law, take appropriate measures and provide a response to complainants.

While considering the suggestions, applications and complaints, the management of bodies of state authority, departments, organizations and enterprises, as well as other public officers, shall:

 carefully study the essence of a complaint, require the necessary documents if need be and take other measures to resolve a problem;

 to provide a written response to citizens regarding the consideration of their suggestions, applications and complaints, provide explanation of the reasons for a possible rejection and explain the order for filing further complaints;

 ensure adoption of substantiated decision regarding suggestions, applications and complaints and timely and correct implementation of the said decision.

Bodies of state authority, departments, organizations and enterprises shall regularly examine progress in the consideration of citizens` appeals and take measures to cancel the effect of documents adopted as a result of applications and suggestions in connection with breach of their legally protected interests.

Article 6. Order for receiving citizens

The management of bodies of state authority, departments, organizations and enterprises, as well as other public officers, shall ensure reception of citizens.

Citizens shall be received on a previously established date and time.

If necessary, the management of bodies of state authority, departments, organizations and enterprises, as well as other public officers, shall receive citizens immediately.

Article 7. Order for considering an appeal

Citizens shall submit their suggestions and applications to bodies of state authority, departments, organizations, enterprises dealing with a particular problem, or an appropriate public officer.

If solution of an issue raised in an appeal does not have a bearing to their area of expertise, the management of bodies of state authority, departments, organizations and enterprises, as well as other public officers, they shall send the appeals to an appropriate

organization within five days, inform the complainant of that and explain where the complainant should apply to in a meeting with him/her.

When an issue raised in an appeal has been considered and a citizen has been provided with a substantiated response, the appeal shall be considered to have been considered.

When bodies of state authority send citizens` appeals for consideration to other bodies, departments, organizations and enterprises and when progress of further consideration of an appeal is kept under control, then such bodies, departments, organizations and enterprises shall provide a response to the original state body in an order established by the present Law. The response letter sent to a body of state authority shall be signed by the head of an appropriate body, department, organization and enterprise.

It shall be prohibited to reject an appeal.

A written appeal shall be signed by a citizen and indicate the name, surname and middle name of a citizen, his/her address or place of employment. If the said information is not provided in the appeal, it shall be treated as being anonymous. Anonymous appeals shall not be considered.

It shall be prohibited to send citizens` complaints over unlawful actions (inaction) to the bodies and public officers being complained about.

Bodies of state authority can accept and respond to appeals in an electronic form.

Article 8. Registration of appeals

Citizens` suggestions, applications and complaints shall be subject to mandatory registration. A stamp indicating the incoming date and number of an appeal shall be put on documents. If required by a citizen, the date and number of registration shall be communicated to him/her. The head of a body considering an appeal shall ensure its proper registration.

The registration of an appeal shall be conducted in an order established by an appropriate body of executive authority.

Article 9. Right to appeal against a decision

If a citizen disagrees with the decision adopted in connection with his/her suggestion, application and complaint, it shall have the right to appeal against the decision to the body, department, organization, enterprise or a public officer to which or whom the body making the original decision is subordinated.

Complaints can be lodged with a court in an order established by legislation.

Article 10. Term for consideration of an appeal

With the exception of cases stipulated in legislation and unless a different term is envisaged by legislation, complaints shall be considered within a period of one month, while the appeals not requiring additional examination and investigation shall be considered within a maximum of 15 days.

If it is required to conduct special examination, require additional material and take other measures, the head of an appropriate body, department, organization and enterprise or his/her deputy may, in exceptional cases, extend consideration of an appeal by a maximum of one month. The appealing citizen and, if an appeal is being considered by a body of state authority, the body of state authority shall be informed of that.

Appeals filed by military servicemen and their family members shall be considered within a maximum of 15 days.

If the information required in the appeal for the provision of information may become meaningless as a result of the consideration of the appeal in the said period of time, such appeals shall be considered immediately, while if this is impossible, they shall be considered within no later than 24 hours.

Article 10-1. Peculiarities of considering appeals regarding breaches associated with corruption

10-1.1. Appeals regarding breaches associated with corruption in bodies of state authority shall be considered in accordance with provision of this Article of the present Law.

10-1.2. If an appeal regarding breaches associated with corruption has been filed, the head of the state body shall appoint in-house examination of the appeal. The in-house examination shall be carried out by an internal control service of an appropriate body of state authority. The in-house examination shall be completed within a period of 20 days and the results of it shall be communicated to the head of the body of state authority. In cases when it is necessary to require additional material or take other measures, the head of an body of state authority may extend this period by another 10 days.

10-1.3. After receiving results of an in-house examination, the head of the body of executive authority shall make one of the following decisions over the appeal:

10-1.3.1. if it has been established that the appeal is justified and there is evidence of indications entailing civil, legal, administrative or criminal responsibility, to take measures in accordance with legislation of the Azerbaijan Republic;

10-1.3.2. if it has been established that then appeal is justified but there is no evidence of indications entailing civil, legal, administrative or criminal responsibility, to bring relevant persons too disciplinary accountability in accordance with legislation of the Azerbaijan Republic;

10-1.3.3. if it has not been established that the appeal is justified, to stop examination of the appeal.

10-1.4. Together with the provision of a justified response over a decision made, the appealing person shall be explained that he has the right to appeal against this decision.

10-1.5. The decision of the head of a body of state authority may be appealed against with a superior state body. This provision does not limit the right of the person to appeal against the decision of the head of a body of state authority with a court.

10-1.6. The appeals pertaining to breaches associated with corruption in state enterprises, departments and organizations which are not considered to be bodies of state authority shall be considered within 20 days in an order established by the present Law.

Article 11. Accountability for breach of the present Law

Heads of bodies of state authority, departments, organizations and enterprises shall be held accountable for failing to organize reception and consideration of suggestions, applications and complaints from citizens.

Public officers guilty of breaching the order established for the consideration of suggestions, applications and complaints from citizens, as well as those persecuting or citizens in connection with the filing of suggestions, applications and complaints from citizens for the criticism contained in them, shall be held to entailing civil, legal, administrative or criminal responsibility in accordance with legislation.

When filing an application or complaint with the aim of slander, the citizen shall be held accountable in accordance with legislation.

Article 12. Order for the consideration of appeals from foreigners and persons without nationality

The consideration of appeals from foreigners and persons without nationality shall be regulated by the present Law unless an alternative order is envisaged in international agreements to which the Azerbaijan Republic is a signatory.

President of the Azerbaijan Republic

Heydar ALIYEV

Baku city, 10 June 1997

№ 314-IQ