• Humbatov Shamkhal - Head of Information Provision and Analysis Sector

      Tel, Fax: (022) 352-15-60

•  Novruzova Aynura - Presenter of documents and citizens' appeals

      Tel, Fax: (022) 352-22-78

This Law, in accordance with article 57 and paragraph 1 of Part I of Article 94 of the Constitution of the Republic of Azerbaijan, regulates relations related to the exercise of the right to appeal by citizens of the Republic of Azerbaijan, establishes the procedure for consideration of appeals by officials.

Article 1. The right to appeal
1.1. Citizens of the Republic of Azerbaijan have the right to appeal to state and municipal bodies, legal entities that are state or municipal owned or whose controlling stake (shares) belong to the state or municipalities, and budget organizations or their officials personally or through a representative in written or oral form, individually or collectively.
1.2. The right to appeal is exercised by citizens freely and voluntarily. The exercise by citizens of their right to appeal should not violate the rights and freedoms of others.
1.3. It is prohibited to restrict a person's right to appeal in connection with his race, nationality, religion, language, gender, origin, property status, official position, beliefs, membership in political parties, trade unions and other public associations.
Article 2. Legislation on the treatment of citizens
The legislation on the treatment of citizens consists of the Constitution of the Republic of Azerbaijan, international treaties to which the Republic of Azerbaijan is a party, this Law and other regulatory legal acts of the Republic of Azerbaijan.
Article 3. Basic definitions
3.0. For the purposes of this Law, the following basic definitions are used:
3.0.1. the applicant is a natural or legal person;
3.0.2. appeal - an individual or collective proposal, statement, complaint sent (submitted) in writing (including electronic) or orally to the entity considering the appeal or its official, personally by a person or through a representative;
3.0.3. proposal - an appeal related to the improvement of laws and other regulatory legal acts, improving the activities of state and municipal bodies and other entities considering appeals, solving issues of science, education, culture, law, socio-economic, creative and other areas;
3.0.4. application - an appeal providing for requirements related to the exercise of rights and freedoms;
3.0.5. complaint - an appeal providing for requirements related to the restoration of violated rights and freedoms and their protection;
3.0.6. the subject considering the appeal is state and municipal bodies, legal entities that are state or municipal owned or whose controlling stake (shares) belongs to the state or municipalities, and budgetary organizations that have the authority to consider appeals of individuals and legal entities and make a decision;
3.0.7. the representative of the subject considering the appeal in the TV and radio program going live - the official representing the subject considering the appeal in the specified program with his consent;
3.0.8. an official of the entity considering the appeal is the head of the entity considering the appeal, a person holding an administrative position in a state body and having authority, persons permanently or temporarily holding organizational and administrative or administrative-economic positions or exercising these positions on the basis of special powers in other entities considering the appeal;
3.0.9. oral appeal - an appeal presented during an individual or collective reception or during a TV and radio program broadcast live with the participation of a representative of the subject considering the appeal, including through a telephone appeal service;
3.0.10. telephone call service - a communication service established to receive the applicant's oral appeals, register by means of technical means and provide answers;
3.0.11. written appeal - an appeal made on paper or in electronic form;
3.0.12. electronic appeal - an appeal sent to the e-mail address of the subject considering the appeal or its official, or submitted via the official website.
3.0.13. collective appeal - a joint appeal of two or more persons on the same issue, or appeals related to the implementation of public participation;
3.0.14. repeated appeal - another appeal from the same applicant on the same issue to the same entity considering the appeals or its official, if the deadline for consideration of the appeal established by this Law has passed or the specified appeal has already been answered;
3.0.15. anonymous appeal - an appeal sent in writing to the entity considering the appeals or its official, which does not specify the surname, first name, patronymic, address, personal or electronic signature of the applicant (in relation to legal entities - the name of the legal entity, legal address and signature of the head).
Article 4. Basic principles of consideration of citizens' appeals
4.0. The main principles of consideration of citizens' appeals are:
4.0.1. legality;
4.0.2. creating conditions for the free and voluntary exercise by citizens of the right to appeal;
4.0.3. unity of requirements for appeals;
4.0.4. protection of the rights and legitimate interests of individuals and legal entities;
4.0.5. prevention of discrimination and red tape in the consideration of appeals;
4.0.6. ensuring transparency in the activities of the entities considering the appeal and their officials;
4.0.7. coordination of the right of citizens to address state interests.
Article 5. Scope of application of this Law

5.1. The provisions of this Law, unless otherwise provided by Constitutional Laws, other laws of the Republic of Azerbaijan, normative legal acts adopted on their basis, including international treaties to which the Republic of Azerbaijan is a party, apply to all appeals of citizens.
5.2. The provisions of this Law do not apply to citizens' appeals within the framework of judicial or administrative enforcement.
5.3. The procedure for military personnel to address their immediate superiors or senior superiors and its consideration is regulated by the Internal Service Charter and the Disciplinary Charter of the Armed Forces of the Republic of Azerbaijan.
5.4. The procedure of appeals related to the direct organization and conduct of referendums and elections and their consideration is regulated by the Electoral Code of the Republic of Azerbaijan.
5.5. The procedure for submitting complaints to the Commissioner for Human Rights (Ombudsman) related to human rights violations and their consideration is regulated by the Constitutional Law of the Republic of Azerbaijan "On the Commissioner for Human Rights (Ombudsman)".
5.6. The procedure for requesting information and considering a request for information is regulated by the Law of the Republic of Azerbaijan "On Obtaining Information".
5.7. The rules for the consideration of complaints in the absence of signs of a crime in complaints of domestic violence are regulated by the Law of the Republic of Azerbaijan "On the Prevention of Domestic Violence".
5.8. The procedure for applying to legal entities performing functions of public importance, the list of which is approved by the relevant executive authority, as well as to private legal entities and private entrepreneurs providing services on the basis of regulatory legal acts or contracts in the fields of education, health, culture and social spheres, and their consideration is regulated by this Law.
5.9. The provisions of this Law apply to the appeals of foreigners, stateless persons and foreign legal entities, unless another procedure is provided for by international treaties to which the Republic of Azerbaijan is a party.
Article 6. Requirements for citizens' appeals
6.1. Citizens submit an appeal to the entities considering the appeal or their officials, who must directly ensure the consideration of the said issue, in writing or orally.
6.2. Written requests are submitted in person or through a representative or sent by mail, fax or in the manner specified in Article 6.7 of this Law.
6.3. Written requests must contain:
6.3.1. the name of the entity considering the appeal or the name, surname, patronymic, position of its official (with the exception of appeals sent to the official's email address);
6.3.2. name, surname, patronymic and address of an individual (or place of work), name and legal address of a legal entity;
6.3.3. if the application is submitted through a representative, the name, surname, patronymic and address of the representative.
6.4. If the application does not meet the requirements of Article 6.3 of this Law, except for the cases of sending an application on the letterhead of a legal entity, on which the details or indications of at least one of the contact details of an individual are indicated, it is considered anonymous. Anonymous appeals are not accepted by the entities considering the appeal or their officials, and are not considered.
6.5. A written appeal on paper is signed by an individual or the head of a legal entity, or their authorized representative, and the date is indicated.
6.6. If a written request is submitted through a representative, a copy of the document confirming the representative's authority is attached to the request.
6.7. The electronic appeal is sent to the e-mail address of the subject considering the appeal or its official or is posted on its official website. In the appeal posted on the official website of the subject considering the appeal, the e-mail address or regular mail of citizens is indicated.
6.8. An application submitted in the form of an electronic document is confirmed by an electronic signature.

6.9. The text of the appeal must be readable, the proposals or requirements specified in the appeal must be clearly expressed. Insults or slander are not allowed in the text of the appeal.
Article 7. Reception of written appeals of citizens, their registration and the procedure for consideration
7.1. The subjects and their officials considering the appeal must accept, register and ensure consideration of the appeals submitted in accordance with the procedure established by this Law. Refusal to accept an application submitted in accordance with the requirements of this Law is not allowed.
7.2. Office work related to citizens' appeals is conducted in accordance with the procedure established by the relevant executive authority, and is provided by the head of the entity considering the appeal.
7.3. Subjects considering appeals have the right, among other things, to carry out work on receiving appeals and submitting responses to them in electronic form.
7.4. The date of receipt and registration number are assigned to citizens' appeals. At the request of the person who applied, he is informed about the registration number, date and its execution.
7.5. When considering the issue indicated in the appeal and informing a citizen (in case of collective appeals - one of the applicants) of a reasoned response, the appeal is considered considered. The response to the appeal is presented in the state language.
7.6. Electronic appeals are considered by subjects and their officials considering the appeal by sending a response electronically to the email address specified by the applicant, or at the request of the applicant in the form of a written response to the postal address. If the applicant's e-mail address is not specified in the e-mail, the response to the request is sent in writing to the postal address.
7.7. The response letter on the consideration of citizens' appeals indicates the consideration of the issues indicated in the appeal and the measures taken, or the entity to which it is necessary to contact in connection with these issues.
7.8. In case of a decision to leave the appeal without consideration, partial satisfaction or refusal, the response letter sets out the procedure for appealing the said decision.
7.9. If the subjects or their officials considering the appeal send a request for additional information related to the resolution of the issues specified in the appeal, this request will be answered no later than seven working days.
7.10. If the solution of the issues set out in the appeal does not fall within their competence, the subjects or their officials considering the appeal, no later than three working days, send the appeal to its destination and inform the applicant about it. If the issue specified in the appeal relates to the powers of several entities considering the appeal, a copy of the appeal is sent to these entities no later than three working days.
7.11. If a higher state body sends citizens' appeals to the relevant state and municipal bodies, or to other entities considering appeals, for consideration, at the request of a higher state body, the result of consideration of the said appeal must be communicated to him by the head of the entity considering the said appeal.
7.12. If the questions indicated in the citizens' appeal are classified as information constituting a state secret according to the Law of the Republic of Azerbaijan "On State Secrets" or other information protected by law, the applicant is informed that it is not possible to give a substantive answer in connection with the said appeal for this reason.
7.13. It is prohibited to send citizens' appeals related to a complaint about illegal actions (inaction) for consideration to the entity considering the appeals or its official, decision or action (inaction) which is being appealed.
7.14. If, according to the prohibition established by Article 7.13 of this Law, it is impossible to send a citizen's appeal on the matter, citizens are explained the right to appeal in court in accordance with the established procedure.
Article 8. Leaving appeals without consideration
8.1. Appeals may be left without consideration in the following cases:
8.1.1. in accordance with Article 5 of this Law, a different procedure for filing and considering an appeal is provided;
8.1.2. the appeal does not meet the requirements established by Articles 6.4-6.9 of this Law;
8.1.3. in connection with the issue indicated in the appeal, a court order has entered into force;
8.1.4. a reasoned answer on the merits has been given to repeated appeals of a citizen 3 times during the year and no new information is indicated in the repeated appeal to resolve the issue;
8.1.5. in the cases specified in Article 7.9 of this Law, it is impossible to send an appeal on the touch, or the information specified in the appeal is insufficient to resolve the issue or referral on the touch;
8.1.6. The applicant has submitted an application in accordance with Article 14.0.2 of this Law.
8.2. In the cases specified in Article 8.1 of this Law, the subject, or its official considering the appeal, informs the applicant about the abandonment of the appeal without consideration no later than five working days, indicating its reasons (with the exception of anonymous appeals), and if there are grounds for leaving the oral appeal without consideration, informs immediately.
8.3. If the reasons giving grounds for leaving the appeal without consideration are eliminated, the subject considering the appeal must ensure its consideration.
Article 9. Features of consideration of appeals on corruption-related offenses
9.1. Appeals on offenses related to corruption in state bodies are considered in accordance with this Law, taking into account the specifics of this article.
9.2. Upon receipt of an appeal about corruption-related offenses, the head of the state body appoints an official hearing on the specified appeal. Official proceedings are conducted by the internal control service of the relevant state body. The official proceedings must be completed within 20 working days, and the result is presented to the head of the state body. If additional materials and information are required, the head of the state body has the right to extend this period for another 10 working days.
9.2-1. Consideration of information related to corruption offenses may not be entrusted to the person in respect of whom the information was received, as well as to persons who are directly or indirectly interested in the results of the review.
9.3. The head of the state body, after receiving information about the result of the investigation, makes one of the following decisions:
9.3.1. in case of confirmation of the validity of the appeal, in addition, if there are signs in the act that create civil or administrative liability, on taking measures in accordance with the Civil Code of the Republic of Azerbaijan and the Code of the Republic of Azerbaijan on Administrative Offenses, in case of detection of offenses with criminal signs, on sending relevant documents to the Prosecutor General's Office of the Republic of Azerbaijan;
9.3.2. in case of confirmation of the validity of the appeal, however, there are no signs in the act that create civil, administrative or criminal liability, about bringing the relevant persons to disciplinary responsibility;
9.3.3. in case of non-confirmation of the validity of the appeal, the termination of the execution of the complaint.
9.4. The person who applied is given a reasoned answer about the decision taken with an explanation of the right to appeal the said decision.
9.5. Citizens have the right to appeal the decision of the head of the state body to a higher state body. This provision does not restrict the right of citizens to appeal the decision of the head of the state body in court.
9.6. Appeals on offenses related to corruption in other entities considering appeals, with the exception of state bodies, are considered in accordance with the procedure established in Article 7 of this Law, within 20 working days.
Article 10. The term of consideration of the appeal
10.1. Citizens' appeals are considered no later than 15 working days, and appeals requiring additional study and verification no later than 30 working days, except for the cases specified in Articles 9.2, 9.6 and 10.2-10.4 of this Law.
10.2. If additional information is required for the consideration of an appeal or a request is sent on the basis of a request, the official of the entity considering the appeal has the right to extend the consideration period for a maximum of 30 working days, except for the cases specified in Articles 9.2, 9.6 and 10.3 and 10.4 of this Law. The citizen who applied is informed about this, including the higher state body that, at his request, sent the appeal for consideration in accordance with Article 7.11 of this Law to another entity considering the appeal.
10.3. Appeals of servicemen and their families are considered no later than 15 working days from the date of receipt of the appeal.
10.4. If, as a result of consideration of the request for information within the time limits specified above, the necessary information may lose its relevance, the said request is considered immediately, if this is not possible, within 24 hours from the date of receipt of the request.
10.5. The duration of the terms specified in Articles 10.1-10.3 of this Law, begins from the date of receipt of the appeal to the entity considering the appeal.
Article 11. Procedure for the admission of citizens
11.1. The subjects considering the appeal ensure the reception of citizens according to the schedule of reception of citizens at least once a month.
11.2. The reception of citizens is carried out by the heads or other officials of the subjects considering the appeal.

11.3. Citizens are accepted on the days and hours previously notified. If urgent measures need to be taken in connection with a citizen's appeal, the head or other officials of the entity considering the appeal must immediately accept it.
11.4. Citizens make an appointment by means of an identity card or identification details, or electronic services, if there is an electronic signature. Citizens who come to the reception present an identity card.
11.5. A written request submitted during the reception is accepted, registered and considered in accordance with Article 7 of this Law.
11.6. An entry is made in the registration and control sheet about the reception associated with the oral appeal of citizens. If the questions set out in the oral appeal do not require additional investigation, an oral answer is given with the consent of citizens to the appeal during the reception. If it is impossible to give an answer to the appeal orally during the reception, the appeal is submitted in writing. The procedure for receiving, registering and considering such an appeal is carried out in accordance with Article 11.5 of this Law.
11.7. If, during the reception of citizens, it is found that the issues raised in the appeal fall within the competence of other entities and their officials considering the appeal, in this case, the applicant is explained the procedure for contacting.
11.8. Managers and other officials of the entities considering the appeal have the right to conduct mobile and video receptions, including online conferences. The procedure for receiving, registering and reviewing applications submitted during such reception is carried out in accordance with this article.
Article 12. Duties of subjects and their officials considering the appeal
12.1. The subjects and their officials considering the appeal shall provide conditions for the free exercise by citizens of their rights to make proposals in written and oral forms, to file an application, to appeal against illegal actions (inaction) of officials in accordance with the procedure established and provided for by the Constitution and laws of the Republic of Azerbaijan.
12.2. Subjects and their officials considering the appeal must accept proposals, applications and complaints of citizens, consider them in accordance with the procedure and deadlines established by this Law, and give answers to them.
12.3. When considering citizens' appeals, officials of the entities considering the appeal must:
12.3.1. ensure objective, comprehensive and timely consideration of the application;
12.3.2. to study the essence of the issue and demand the necessary documents for its solution;
12.3.3. inform citizens in writing about the result of consideration of the appeal, in case of non-provision of the appeal, indicate the reasons for this, explain the procedure for appealing;
12.3.4. ensure that informed decisions are taken in relation to appeals and their timely and proper execution.
12.4. It is prohibited to persecute citizens for their appeals related to criticism of the activities or work of state bodies and their officials, political parties, trade unions and other public associations, including individual citizens, or appeals filed with the aim of restoring and protecting the rights and freedoms of a citizen or other persons.
12.5. Subjects and their officials considering appeals are prohibited from disclosing information received during the consideration of the appeal in connection with the resolution of issues specified in the appeal, including other information constituting a state secret and protected by law (except for sending a written appeal for consideration by other subjects and their officials considering appeals), as well as to collect, store, use and disclose individual information not related to the decision of the appeal, including private information of a special category.
12.6. Appeals about illegal actions (inaction) of a state body (or its official) received by the prosecutor's office are considered in accordance with this Law and the Law of the Republic of Azerbaijan "On the Prosecutor's Office". If these appeals do not fall within the competence of the prosecutor's office, they are returned to the applicant within five working days. If a citizen's appeal is sent by the subject (or its official) considering the appeal, at the request of the prosecutor's office, the result of the consideration is reported at the request of the said subject (or its official).
12.7. The Prosecutor General of the Republic of Azerbaijan shall inform the relevant executive authority at least once every six months about the results of consideration of the appeals referred to in Article 12.6 of this Law.
Article 13. Implementation of control
13.1. Control over the conduct of office work in state bodies, legal entities owned by the state or whose controlling stake (shares) belongs to the state, and budget organizations is carried out by the relevant executive authority.
13.2. The procedure for exercising control provided for in Article 13.1 of this Law shall be established by the relevant executive authority.
Article 14. The rights of citizens when considering appeals
14.0. Citizens whose appeals are being considered have the following rights:
14.0.1. submit additional documents and materials for a full and comprehensive study of the appeal and request their reclamation to the entity considering the appeal (including in electronic form);
14.0.2. apply for termination of consideration of the appeal;
14.0.3. attach to the repeated written application documents on the result of consideration of the initial application;
14.0.4. to make a request for the purpose of obtaining public information and individual information;
14.0.5. get acquainted with documents and materials related to the consideration of the appeal, if this does not affect the rights and legitimate interests of other persons or if the specified documents and materials do not contain information constituting a state or other secret protected by law;
14.0.6. to receive information about the registration number and the date of receipt of the request, in case of referral of the request, about the registration number and the date of sending the specified letter;
14.0.7. receive a written response on the consideration of the appeal or information on the direction of the appeal on the matter;
14.0.8. in case of disagreement with the decision taken on the appeal, appeal it in an administrative and (or) judicial order;
14.0.9. demand to ensure the confidentiality of the information contained in the application relating to the family and personal secrets of citizens, as well as documents or information that are professional and commercial secrets.
Article 15. Features of oral appeals submitted through live TV and radio programs or a telephone appeal service
15.1. If it is possible to provide an explanation without additional investigation on an oral appeal made through a live TV and radio program, a representative of the entity considering the appeal participating in the specified program has the right to respond to the appeal live without registration.
15.2. If it is impossible to immediately respond to an appeal made by citizens during a live TV and radio program, the procedure for receiving, registering and considering an appeal is carried out in accordance with Article 7 of this Law.
15.3. Submission, reception, registration of an appeal and provision of a response through the telephone appeal service is carried out in accordance with the procedure established by the relevant executive authority, taking into account the requirements of this Law.
Article 16. Responsibility for violation of this Law
Persons who violate the requirements of this Law are liable in accordance with the Civil, Administrative-Procedural and Criminal Codes of the Republic of Azerbaijan.
Article 17. Final provision
Repeal the Law of the Republic of Azerbaijan "On the Procedure for considering Citizens' Appeals" (Collection of Legislation of the Republic of Azerbaijan, 1997, No. 5, Article 417; 1998, No. 7, Article 444; 1999, No. 10, Article 570; 2001, No. 3, Article 151, No. 11, Article 697, No. 12, Article 736; 2002, No. 8, article 463; 2004, No. 1, article 10; 2006, No. 5, article 390, No. 12, article 1005; 2007, No. 11, article 1053; 2010, No. 3, article 173; 2011, No. 7, Article 615).
President of the Republic of Azerbaijan
Ilham Aliyev
Baku, September 30, 2015