Legal Department

 

I. General provisions

1.1 

The Legal Department (hereinafter - the Department) of the Ministry of Communications and High Technologies of the Republic of Azerbaijan  is the structural subdivision of the administrative office of the  Ministry of Communications and High Technologies (hereinafter – the Ministry) of the Republic of Azerbaijan.

 

1.2

Within the framework of the powers granted by these Regulations, the Department implements  the court, normative legal provision, legal investigation and expertise relating to the activities of structural divisions of the Ministry, bodies  included in its structure  and subordinate bodies (hereinafter – the Bodies) that are not included in its structure,  and determines strategical targets stipulating sustainability of development in this field.

 

1.3

The Department guides the Constitution of the Republic of Azerbaijan, Law of the Republic of Azerbaijan “On Civil Service” of the Republic of Azerbaijan and other laws, Decrees and Orders of the President of the Republic of Azerbaijan, decisions and orders of the Cabinet of Ministers of the Republic of Azerbaijan, “Regulations on the Ministry of Communications and High Technologies of the Republic of Azerbaijan” and other normative legal acts, decisions and orders  (hereinafter - organizational administrative documents) of the minister of Communications and High Technologies of the Republic of Azerbaijan (hereinafter – the Minister), decisions of the Board of Ministry and these Regulations.

 

1.4.

When carrying out its duties and rights the Department interacts  with  structural divisions and bodies of the Ministry, central and local executive authorities, self-government bodies, international  and non-governmental organizations, as well as individuals and legal entities operating in this field.

 

 

II. Areas of activity of the Department

 

2.1.

Areas of activity of the Department are as follows:

 

2.1.1.

Ensures organization and improvement of  work  related to the normative legal provision, legal analysis and expertise;

 

2.1.2.

   Carries out methodical and constructive leadership for conducting work of normative legal guarantee in  structural divisions of the  administrative office of the Ministry and its  bodies;

 

2.1.3.

Implements norm-creating activity;

 

2.1.4.

Provides preparation of drafts of normative legal acts, organizational and administrative documents regulating the activities of the Ministry or participates in their  preparation together with  structural divisions and bodies of the administrative office of the  Ministry;

 

2.1.5.

Forms legal base  in structural divisions and bodies of the administrative ofice of the  Ministry, regularly provides  its updates or upgrades;

 

2.1.6.

Maintains a list of legal acts of the Ministry, takes necessary measures within its powers to collect law-books, comments, and  periodical legal publications;

 

2.1.7.

Gives legal advice on matters arising in the process of activities of  the Ministry’s structural divisions and bodies, prepares information and  opinions;

 

2.1.8.

Analyzes, the status of normative legal regulation in the Ministry and  areas of its activity, makes  generalizations are, prepares  proposals in this regard;

 

2.1.9.

Protects legal and lawful interests of the Ministry in the courts in a  manner prescribed by law, on the basis of power of attorney, represents the Ministry in the courts as plaintiff and defendant,  ensures preparation of procedural documents  (statement of claim, objections on  statements of claim, appeals, cassations and additional cassations and etc.) in this regard;

 

2.1.10. 

Represents the Department  in commissions and working groups created in the Ministry and participates in their work;

 

2.1.11.

Performs activities  in  other directions determined by the legislation.

 

 

III. Duties of the Department

 

3.1.

The Department performs following tasks in accordance with the activities defined by these Regulations:

 

3.1.1.

  Works out drafts of legislative acts, organizational- administrative and other legal acts regulating the  activity of the Ministry;

 

3.1.2.

In accordince with the “Regulations on development and adoption of normative legal acts of the executive powers” - annex to the Law of the Constitution of the Republic of Azerbaijan “On Normative Legal Acts” and Decree No.772 of the President of the Republic of Azerbaijan dated August 24, 2002,  to participate in preparation  of drafts of  normative legal acts, organizational-administrative  and other legal acts regulating the activity of  the Ministry and  prepared by the structural divisions and bodies of the Ministry;

 

3.1.3.

In accordance with the Law of the Constitution of the Republic of Azerbaijan “On Normative Legal Acts”,  to implement legal expertise of the drafts of legislative and other acts, international agreements, organizational-administrative documents received in the Ministry and prepared by the structural divisions and bodies of the Ministry;

 

3.1.4.

To submit  proposals on making changes to the normative legal acts of the Ministry in order to conform them with legislation;

 

3.1.5.

To summarize and analyze the experience of the  Ministry in application of legislation,  submit proposals on improvement of this experience;

 

3.1.6.

To participate in making of perspective and current plans for development of draft normative-legal acts of the Ministry and participate in their implementation;

 

3.1.7.

Makes references on valid legislation for the management of the Ministry;

 

3.1.8.

In case of need, to participate in preparation of multi-purpose and different type agreements rekated to the  activity of the Ministry and implement legal appraisal of such agreements;

 

3.1.9.

To form  regulatory framework in the Ministry, ensure its improvement and renewal on a regular basis, implement methodical  and practical leadership in making of normative legal guarantee, keep record of the normative legal acts and  participate in formation of single database of normative legal acts of the Republic of Azerbaijan;

 

3.1.10.

Protects legal and lawful interests of the Ministry in the courts of the Republic of Azerbaijan and those interests of the Republic of Azerbaijan in the courts of foreign states, provides preparation of procedural documents related to judicial survey (statement of claim, objections regarding statements of claim, complaints for appeals, cassations and additional cassations and etc.);

 

3.1.10. 

To protect legal and lawful interests of the  Ministry in the courts of the Republic of Azerbaijan,  and interests  of the Republic of Azerbaijan in  the courts of foreign states and international arbitrations, ensure preparation of procedural documents  (statements of claim, objections on  statements of claim, appeals, cassations and additional cassations and etc.) related to judicial proceedings;

 

3.1.11.

To ensure consideration  and  taking relevant measures as provided in the legislation with respect to appeals sent to the Ministry  by state, court, local self-management bodies, enterprises, organizations, international and non-governmental organizations, legal and physical persons, and implementation of which is assigned to the Department;

 

3.1.12.

To provide implementation of activities entrusted to the Ministry in relevant legislative acts and state programs, as well as measures (tasks) set forth in the organizational-administrative documents;

 

3.1.13.

To provide legal support to structural divisions  and bodies in the activities of the Ministry, as well as in the areas of activity and powers, give legal advice regarding references, opinions and implementation of requirements in accordance with legislation;

 

3.1.14.

To participate in the process of making proposals regarding improvement of normative regulation in the area of communications and high technologies (hereinafter -relevant area), management in the structural divisions and bodies of the administrative office of the  Ministry, determination of authorities of the structural divisions and officials, as well as improvement of their activities;

 

3.1.15.

With the participation of structural divisions and  bodies of the administrative office of the  Ministry to check changes in the drafts of regulations, charters as well as  other  foundation documents of the bodies of the Ministry,  subordinate bodies  that are not  included in its structure draft of other foundation documents, and present to the Minister for approval;

 

3.1.16.

To participate in inspection of the activity of structural divisions of the Ministry, as well as   consideration of materials on the results of monitoring and inventory held in the Ministry,  make proposals on actions  to eliminate circumstances and conditions leading to the violation of law;

 

3.1.17.

To analyze the compliance with the law  and  state of legal guarantee in structural divisions and bodies of the administrative office of the Ministry, prepare  proposals for the improvement and effective use of this work and present accordingly;

 

3.1.18.

To establish mutual relations with entities operating in relevant areas;

 

3.1.19.

To ensure timely and detailed consideration of verbal and written appeals received in the Department from citizens in accordance with the legislation;

 

3.1.20.

To analyze the information published (disseminated) in media outlets about legal affairs of the Ministry on the instruction of the management of the Ministry together with  other structural divisions and make proposals ;

 

3.1.21.

To maintain systematized accounts of legislative acts received in the Ministry, and normative legal  acts in the relevant field, prepare their collection, as well as carry out  methodical management on the activity related to the organization of electron bank of normative legal acts of the Ministry;

 

3.1.22.

To take measures on completion of fund of normative documents of the Ministry, collection of necessary codes, collections, comments, reference books, bulletins and other periodic legal publications to the library of legal literature in the Department;

 

3.1.23.

To prepare statements of claim and necessary proceedings concerning the court, make proposals on the use of lawyer service;

 

3.1.24.

Provides within its powers implementation of commissions given to the Ministry in normative and normative legal acts;

 

3.1.24.

To ensure the protection of official secrets, state and commercial secrets by employees of the department  in the process of activity;

 

3.1.25.

To perform other duties in accordance with the directions of activity as stipulated by law.

 

 

IV. Rights of the Department

 

4.1.

The Department has the following rights to carry out its duties:

 

4.1.1.

To give suggestions regarding drafts of normative legal acts, international agreements, organizational-administrative documents prepared by structural divisions and bodies of the  administrative office of the Ministry;

 

4.1.2.

To give opinion according to the areas of activity, make analyses and summarization, make proposals in connection with the improvement of legislative acts,  organizational- administrative documents related to the activity of the Ministry;

 

4.1.3.

To generalize, analyze the practice in the application of  legislation by  structural divisions and bodies of the administrative office of the Ministry and make proposals on the improvement of this practice ;

 

4.1.4.

To send requests correspondingly to the structural divisions of the administrative office of the Ministry for the implementation duties determined by these Regulations and receive necessary documents and (or) information from them;

 

4.1.5.

To carry out legal expertise of the draft documents (reference, inquiry, legal act etc.) prepared by the structural divisions and  bodies  of the administrative office of the Ministry and check their conformation with the legislation;

 

4.1.6.

To put forward a proposal before the Minister regarding cancellation or change of the decisions  of the structural divisions which are contrary to the legislation;

 

4.1.7.

To cease the implementation of decisions (till the corresponding decision of the Minister regarding this issue) taken by  structural divisions of the administrative office of  the Ministry by violating rights and lawful interests of the physical and (or) legal persons and exceeding the authorities;

 

4.1.8.

To get necessary documents, materials and information from  structural divisions and  bodies of the administrative office of the Ministry, as well as other enterprises, institutions  and organizations as laid down in the legislation in order to fulfill duties set forth by these Regulations;

 

4.1.9.

To organize conferences, scientific symposia and seminars for employees of the structural divisions and  bodies of the administrative office of the Ministry for the  improvement of legislation on corresponding area, implementation of main duties and functions set forth by these Regulations, as well as  hold meetings with the participation of representatives of  structural divisions and  bodies  of the Ministry;

 

4.1.10.

To check conformity of activity of the structural divisions and  bodies of the administrative office  of the Ministry with the legislation;

 

4.1.11.

To involve employees of  structural divisions and  bodies  of the Ministry by consent  of the heads of these bodies to the events intended for  preparation and implementation of activities regarding performance of main duties and functions of the Department, create working groups;

 

4.1.12. 

To participate at the discussions of the issues concerning functions of the Department, as well as work of the commissions, advisory and coordinating bodies created in the Ministry and  bodies by taking into account requirements of legislation;

 

4.1.13.

To maintain correspondences with the structural divisions and  bodies  of the Ministry, as well as other concerned entities and bodies;

 

4.1.14.

To represent the Ministry before state bodies, local self-government bodies, legal and natural persons on matters related to their areas of activities and protect their legal and lawful interests;

 

4.1.15.

To represent the Ministry  in the commissions, working groups created at the Ministry and other government agencies,  local and international events of various levels  held on issues related to the areas of activities, participate in their work;

 

4.1.16.

To raise a question before the  management of the Ministry regarding participation of employees of the structural division and bodies of the Ministry in the judicial proceedings for the purpose of participating as an expert and witness in the courts, where the Ministry participates ;

 

4.1.17.

To prepare drafts of appeals to the state bodies, municipalities, physical and legal persons;

 

4.1.18.

To study experience of other states in accordance with their areas of activity and prepare proposals  regarding improvement of activity in this area;

 

4.1.20.

To prepare proposals  regarding improvement of management, specification of authorities and improvement of activity in the structural divisions and bodies  of the administrative office of the Ministry;

 

4.1.20.

To prepare proposals for training of experts in the relevant area and raise the level of their professional skills;

 

4.1.21.

To subscribe to the legal literature, including electronic database of normative legal acts that are necessary for the activity of the Department;

 

4.1.22.

To implement other rights set forth in the legislation according to the areas of activity.

 

 

V. Organization of the activity of the Department

 

5.1.

The  structure  and number of staff units of the Department  is approved by the Minister.

 

5.2..

No one can interfere with the activity of the department except the person authorized by the Minister.

 

5.3.

The Department is headed by  head of department which is  appointed and dismissed by the Minister.

 

5.4.

Head of department is personally responsible for carrying out the duties assigned to the department and the implementation of rights.

 

5.5.

In the absence of the head of department, one of administrative officers  carries out his duties in the prescribed manner.

 

5.6.

Other employees of the department  are appointed and dismissed by the Minister

 

5.7.

Head of Department:

 

5.7.1.

Organazes the activity of the Department and carries out management and supervision over  its activities;

 

5.7.2.

Makes distribution of work among employees, coordinates their activities and ensures preparation of job descriptions of department employees;

 

5.7.3.

Controls controls performance of duties, labor and  service discipline by employees of the Department;

 

5.7.4.

Signs work plans and such other documents for the purpose of carrying out duties entrusted to the Department, controls over timely and qualitative implementation of actions set forth in the work plan and makes reports  to the management of the Ministry on their  implementation;

 

5.7.5.

Defines issues related to the department to be discussed  at the Board of Ministry and  presents its proposals to the management  of the Ministry;

 

5.7.6.

Ensures timely and efficient implementation of appropriate measures envisaged in the in decisions and  organizational-administrative  documents of the board of the Ministry  by the Department ;

 

5.7.7.

Makes proposals to the management of the Ministry regarding appointment and dismissal of employees of the Department, their stimulation, taking of disciplinary measures, as well as removal of the employees from their positions;

 

5.7.8.

Gives suggestions to the management of the Ministry  on participation of employees in courses and trainings, in order to provide the Department with  high-qualified specialists,  increasing the professional skills of employees and staff appointments;

 

5.7.9.

Obtains  necessary information and documents from the structural divisions and bodies of the Ministry to carry out the duties of the Department within its authorities ;

 

5.7.10.

Organizes reviewing and timely and correctly answering  letters, applications, complaints and suggestions received in the Department in accordance with the legislation;

 

5.7.11.

Ensures  compliance of clerical work in the Department with the “Instructions on conducting clerical work in  government agencies, legal entities, and  budget organizations whose control envelope  of shares (stocks) belongs to the state”;

 

5.7.12. 

Ensures privacy in the department and bears responsibility for ensuring protection measures to protect  state secrets in the activity of department;

 

5.7.13.

Signs the letters sent to  central and local executive bodies, as well as legal and physical entities;

 

5.7.14.

Coordinates the activity of the Department with  structural divisions and bodies of the Ministry;

 

5.7.15.

Gives binding instructions  within its competence, organizes and supervises their implementation;

 

5.7.16.

Approves relevant reports of  the Department;

 

5.7.17.

Assigns the execution of documents of particular importance and compound documents to several  employees or transfers their execution  from one  employee to another ;

 

5.7.18.

Participates in meetings of the Board of Ministry, relevant conferences and events, as well as meetings of scientific-technical council;

 

5.7.19.

Implements the tasks of the management related to the activities of the deparment;

 

5.7.20.

Represents the Ministry in the higher authorities, other  ministry, central and local executive authorities  and government agencies, international organizations, foreign countries on the instruction of the management and protects ministry’s interests;

 

5.7.21.

Represents the Department.

 

5.8.

Employees of the Department  bear responsibility for violation of  requirements of these Regulations as envisaged by the legislation of the  Republic of Azerbaijan.

 

5.9.

Each employee of the Department is responsible for data confidentiality  that is known to them and data containing  state or business secret in accordance with their duties and powers.