Department of Regulation of Transport

 

1.

General provisions

 

1.1.

The Department of Transport Regulation of the Ministry of Transport, Communications and High Technologies of the Republic of Azerbaijan (hereinafter – the Department) is a structural unit of the administrative office of the Ministry of Transport, Communications and High Technologies of the Republic of Azerbaijan Republic (hereinafter – the Ministry), which provides the Ministry’s activities related to state regulation in the field of transport (hereinafter – relevant field).

 

1.2.

In its activity, the Department is guided by the Constitution of the Republic of Azerbaijan, international treaties to which the Republic of Azerbaijan is a signatory, laws of the Republic of Azerbaijan, 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 Transport, Communications and High Technologies of the Republic of Azerbaijan” , decisions, orders and instructions (hereinafter – organizational and administrative documents) of the Minister of Transport,Communications and High Technologies (hereinafter – the Minister), by the decisions of the Board of the Ministry and these Regulations.

 

1.3.

When carrying out its duties and exercising rights, the Department interacts with structural units of the Ministry, and bodies that are included in its structure, and subordinate bodies that are not included in its structure.

 

2.

Main activity areas of the Department

 

2.0.

The activities of the Department are as follows:

 

2.0.1.

makes proposals on the formation and implementation of a unified state policy in the relevant field;

 

2.0.2.

makes proposals on the implementation of state regulation in the relevant field;

 

2.0.3.

participates in the preparation and implementation of projects of international and local importance in the relevant field;

 

2.0.4.

makes proposals for measures to develop and increase the competitiveness of all transport corridors passing through the territory of the Republic of Azerbaijan;

 

2.0.7.

gives opinion on the relevant field, prepares proposals and presents them to the management of the Ministry;

 

2.0.8.

participates in the regulation of tariffs in the relevant field and makes proposals;

 

2.0.9.

makes proposals for the development of the transport sector, including the use of appropriate information technologies to improve the effectiveness of monitoring and regulation;

 

2.0.10.

carries out activities in other areas as defined by law.

 

3.

Duties of the Department

 

3.0.

The Department performs the following duties:

 

3.0.1.

to participate in the development, formation and implementation of the main directions of state regulation mechanisms in the relevant field and make proposals in this regard;

 

3.0.2.

to participate in the development of government programs and development concepts in the relevant field;

 

3.0.3.

to participate in the preparation of proposals for the implementation of reforms and structural transformations in the relevant field, draft legislative acts, organizational and administrative documents and other legal acts in the relevant field in the areas of activity, as well as the implementation of other measures in connection with the activities of the Department;

 

3.0.4.

to participate in the implementation of the measures entrusted to the Ministry in the relevant state programs, as well as the measures (tasks) provided for in the organizational and administrative documents;

 

3.0.5.

to make proposals on coordinating the interaction of modes of transport at transport hubs in the relevant field and on the development of transport;

 

3.0.6.

to participate in the preparation of proposals on the formation of a tariff policy in the relevant field, as well as services whose tariffs are not regulated by state;

 

3.0.7.

to make proposals on the approval of tariffs and fees for international transportation in accordance with applicable international rules, as well as monitor tariffs for services not regulated by the state in the relevant field, prepare proposals to the relevant structures in this regard;

 

3.0.8.

to make proposals with the aim of studying the obligations arising from international treaties in the relevant field to which the Republic of Azerbaijan is a signatory, international experience and application in this field;

 

3.0.9.

to make proposals on the determination and additional exchange of quotas for permits with foreign countries that have concluded an agreement on international road transport with the Republic of Azerbaijan;

 

3.0.10.

to give opinion and suggestions on the location of road transport infrastructure facilities, including bus terminals (bus stations), stopover points, parking areas, terminals and other installations, as well as stations (locations) for technical repair of motor vehicles, gas stations, or reconstruction with changing the destination of the vehicle for another infrastructure facility;

 

3.0.11.

to control the issuance of permits in the field of transport in accordance with the requirements established by the Law of the Republic of Azerbaijan “On Licenses and Permits” and other regulatory legal acts;

 

3.0.12.

to participate in the development of normative legal acts in the field of navigation safety rules, protection of human life and health at sea, and the marine environment;

 

3.0.13.

to make proposals on public-private partnerships in the field of transport;

 

3.0.14.

to make proposals on the formation of a competitive air transportation market;

 

3.0.15.

to participate in the development of proposals for the opening (closing) of civil airports, airfields, heliports for international flights;

 

3.0.16.

to make proposals on the requirements of aviation, telecommunication, information and meteorological services for aircraft flights in the airspace and airports of the Republic of Azerbaijan;

 

3.0.17.

to prepare proposals for creating a healthy competitive environment between modes of transport and carriers;

 

3.0.18.

to participate in the inspection of transport infrastructure facilities in accordance with the requirements of current legislation and preparation of relevant documents related to their activities;

 

3.0.19.

to analyze administrative offenses in the field of transport and prepare projects to improve existing legislation;

 

3.0.20.

to investigate cases on administrative violation committed in cases relating to its duties, and consider the relevant cases of administrative offenses as provided for in the legislation;

 

3.0.21.

to participate in coordinating the interaction of modes of transport, take measures to develop all types of transport;

 

3.0.22.

to participate in the preparation of proposals with the aim of improving road safety and the effectiveness of traffic management, as well as considering proposals submitted by relevant state bodies in this area;

 

3.0.23.

to provide the consideration of received appeals, proposals, applications and complaints in the relevant field;

 

3.0.24.

to provide the protection of official information, state and commercial secrets in accordance with the law;

 

3.0.25.

to work out proposals for the creation, expansion, closure and improvement in other forms of bus terminals (bus stations), railways, airports and seaports in order to provide the effectiveness of international and local transport;

 

3.0.26.

to perform other duties as provided for in the legislation.

 

4.

Rights of the Department

 

4.0.

The Department has the following rights to fulfill its duties:

 

4.0.1.

to make proposals on draft normative legal acts, international treaties, organizational and administrative documents prepared by structural units of the administrative office of the Ministry, bodies that are included in its structure, and subordinate bodies not included in its structure;

 

4.0.2.

to participate in the development of draft regulatory documents in accordance with the legislation to regulate the relevant field;

 

4.0.3.

to give opinion on areas of activity, make suggestions with regard to improving legislative acts, organizational and administrative documents on the activities of the Ministry in the field of state regulation;

 

4.0.4.

to obtain necessary documents, materials and information from structural units of the administrative office of the Ministry, bodies that are included in its structure and subordinate bodies not included in its structure, enterprises, departments and organizations and their authorized persons in the manner prescribed by law to carry out the tasks defined by these Regulations;

 

4.0.5.

to participate in international events in the relevant field, including forums, conferences, exhibitions and other events and in the organization of such events in the country and abroad;

 

4.0.6.

to study the experience of foreign countries in the relevant field, to participate in the organization and implementation of cooperation with relevant bodies and other relevant bodies of foreign states, international organizations, foreign legal entities and individuals, as well as in negotiating and developing draft international treaties and provision of compliance with the requirements of concluded agreements;

 

4.0.7.

to participate and represent the Ministry in the work of commissions, working groups set up in the Ministry and other state bodies, local and international events of various levels on issues related to its activities;

 

4.0.8.

to make proposals on the approval of transport regulations of samples of uniforms, insignia and uniforms in civil aviation;

 

4.0.9.

to make suggestions on assessing and improving the quality of transport services provided in the country, taking into account international experience;

 

4.0.10.

to participate in the development of proposals to improve the relationship between modes of transport, as well as cargo owners, operators, forwarders and other organizations in transport hubs;

 

4.0.11.

to prepare proposals for improving management and their activities in the structural divisions of the Ministry, bodies that are included in its structure and subordinate bodies that are not included in its structure;

 

4.0.12.

to make proposals on requesting information in the established manner from state bodies operating in the field of transport data on their activities and take appropriate measures within their powers;

 

4.0.13.

to demand reports on measures taken to comply with the requirements for observing working and rest time regime, especially the conditions of drivers engaged in passenger and freight transport by road in the Republic of Azerbaijan, as well as compliance with this regime by carriers;

 

4.0.14.

to make suggestions on attracting specialists to implement appropriate measures to address issues related to security, infrastructure protection and traffic safety in the field of transport;

 

4.0.15.

to participate in giving opinion on regulatory legal acts on the safety of vehicles and technical requirements, rules and guidelines for their operation, taking measures in connection with the implementation of the requirements of regulatory technical documentation on road safety and the organization of safety work by individuals and legal entities operating in the field of transport;

 

4.0.16. 

to take the initiative on the accession of the Republic of Azerbaijan to international treaties in the relevant field and participation in these treaties;

 

4.0.17.

to exercise other rights in accordance with the areas of activity as provided for in the legislation.

 

5.

Organization of activity of the Department

 

5.1.

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

 

5.2.

The Department includes the road transport sector, the maritime transport sector and the civil aviation sector. Sectors provide the fulfillment of tasks assigned to the Department by these Regulations.

 

5.3.

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

 

5.4.

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

 

5.5.

Heads of sectors to the road transport sector, the maritime transport sector and the civil aviation are appointed and dismissed by the Minister.

 

5.6.

Heads of sectors are personally responsible for the performance of duties and the exercise of the rights assigned to them by the head of the department.

 

5.7.

In the absence of the head of department, one of heads of sectors carries out his duties in the established manner.

 

5.8.

Other employees of the Department are appointed and dismissed by the Minister.

 

5.9.

head of department:

 

5.9.1.

organizes the activity of the Department and heads it;

 

5.9.2.

makes distribution of division of work among sectors included in the structure of the Department and employees, coordinates their activities and provides the preparation of service instructions for employees of the Department;

 

5.9.3.

supervises the fulfillment of official duties, labor and performance discipline by employees of the Department;

 

5.9.5.

makes suggestions on issues of the department to be discussed at the Board of the Ministry;

 

5.9.6.

provides the fulfillment of relevant instructions given by the laws of the Azerbaijan Republic, decrees, orders and other instructions of the President of the Republic of Azerbaijan, including national projects and strategies, state programs, development concepts, activities and action plans, as well as strategic road maps (with the exception of strategic road maps for the main sectors of the national economy and economy), decisions and orders of the Cabinet of Ministers, decisions, orders and instructions of the Minister, decisions th Board of the Ministry;

 

5.9.7.

makes proposals to the leadership of the Ministry in connection with the appointment and dismissal of employees in the department, the promotion, application of disciplinary measures, as well as the removal of employees from office;

 

5.9.8.

assesses the annual activities of civil servants working in the Department;

 

5.9.9.

makes proposals to the management of the Ministry on the participation of employees in professional development courses, training courses to equip the department with highly qualified specialists, and the appointment of workers to work;

 

5.9.10.

obtains necessary information and documents from structural divisions of the administrative office of the Ministry, bodies that are included in its structure and subordinate bodies that are not included in its structure within its powers to perform the duties of the Department;

 

5.9.11.

organizes the consideration and timely and correct answers to the letters, applications, complaints and suggestions received by the Department in the manner prescribed by law ;

 

5.9.12.

provides clerical work in the Department in accordance with the “Instructions for clerical work in state authorities, institutions, organizations and enterprises”;

 

5.9.13.

provides the secrecy order in the Department, and is responsible for providing protection measures for state secrets in the activities of the department;

 

5.9.14.

if necessary, participates in board meetings held at the Ministry, relevant meetings, meetings and meetings of the scientific and technical council;

 

5.9.15.

represents the Department.

 

5.10.

The employees of the Department bear responsibility for the violation of the requirements of these Regulations in the manner established by law of the Republic of Azerbaijan.

 

5.11.

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