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Appeal Board

1. General provisions

 

1.1.

The Board of Appeal (hereinafter - Appeal Board) of the Ministry of Communications and High Technologies of the Republic of Azerbaijan (hereinafter - the Ministry) is a collegial body, acting on a voluntary basis (free) and re-considering of appeals (hereinafter-complaint) from physical and legal entities engaged in entrepreneurial activities, in connection with their business activities on the decisions, action or inaction (with the exception of appeals on offenses related to corruption) of the Ministry and bodies including in its structures, subordinate bodies (hereinafter - Bodies) that are not including in its structure (hereinafter - the structure).

 

1.2.

In its activity the Appeal Board is guided by the Constitution of the Republic of Azerbaijan, Law of the Republic of Azerbaijan “On Administrative Proceedings” and other 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, the international treaties to which the Republic of Azerbaijan is a signatory and the present Regulations.

 

1.3.

When carrying out its duties and rights the Appeal Board cooperates in partnership with other executive authorities, local self-government bodies, non-governmental organizations, as well as individuals and legal entities.

 

1.4

For the purposes of these regulations, the word “complaint” is understood as a written appeal submitted to the Appeal Board by natural and legal persons engaged in entrepreneurial activities in connection with the complaint related to their business activities on decisions adopted by the Ministry and its bodies, the refusal of decisions adopted, as well as their action or inaction.

 

1.5

The Appeal Board builds its activities on the basis of the principles of legality, transparency, collegiality and impartiality.

 

2. Duties of the Appeal Board  

 

2.0.

Duties of the Appeal Board are as follows:

 

2.0.1.

To conduct a comprehensive, complete and objective investigation in connection with the complaints received by the Appeal Board and take a reasonable decision based on the results of work accordingly;

 

2.0.2.

To monitor the implementation of the decisions adopted by the Appeal Board;

 

2.0.3.

To keep records of complaints considered at the Appeal Board, analyze them and carry out a review, present semi-annual and annual statements (reports) on the results to the head of the central executive body;

 

2.0.4.

To ensure the implementation of human and civil rights and freedoms and prevent their violation during its activity and within its powers;

 

2.0.5.

In accordance with the law to take the necessary measures for the protection of state and commercial secrets and disclosure and dissemination of other information prohibited by the law;

 

2.0.1.

To supply explanations in respect to decisions adopted by the Appeal Board;

 

2.0.7.

To perform other duties set forth by law and acts of the President of the Republic of Azerbaijan.

 

3. Rights of the Appeal Board

 

3.0.

The Appeal Board has following rights to fulfill its duties:

 

3.0.1.

To send requests (apply) to the central and local executive authorities, local governments, non-governmental organizations, as well as businesses and individuals in connection with the complaints received by the Appeal Board and receive necessary documents and information from them;

 

3.0.3.

To provide written instructions to the officials of the administrative office of the Ministry, its structures and subordinate bodies that are not included in its structure to eliminate the shortcomings and violations revealed during the investigation of the complaints received by the Appeal Board;

 

3.0.4.

In case of detection of gross violations by the officials of the Ministry and its bodies in performance of their official activity, as well as in cases of violation of legal acts during the investigation of complaints received by the Appeal Board , to raise a question for appropriate action in order to prosecute those persons in accordance with the legislation and obtain information on their result;

 

3.0.5.

To make proposals to improve the efficiency of the Appeal Board;

 

3.0.6.

To conduct analyzes and generalization in the activities of the Appeal Board, make proposals in connection with the elimination of the contradictions revealed during the investigation of complaints;

 

3.0.7.

To monitor and control the implementation of decisions of the Appeal Board and take corrective measures;

 

3.0.8.

To involve experts, specialists and consultants in the activities of the Appeal Board;

 

3.0.9.

To exercise other rights stipulated by the legislation of the Republic of Azerbaijan and the acts of the President.

 

4. Organization of the activity of the Appeal Board

 

4.1.

Composition of the Board (chairman and other six members) is approved by the Minister of Communications and High Technologies (hereinafter - the Minister). The Appeal Board is headed by one of deputy ministers appointed by the Minister.

 

4.2.

The chairman of the Appeal Board :

 

4.2.1.

Organizes the work of the Appeal Board and supervises over it;

 

4.2.2.

Signs decisions made on behalf of the Appeal Board and other documents related to the activities of the Appeal Board:

 

4.2.3.

Makes proposals to the Minister for approval of other members of the Appeal Board, as well as the head of the Secretariat and composition of the Appeal Board;

 

4.2.4.

Specifies the agenda of meetings of the Appeal Board and presides over the meetings held;

 

4.2.5.

Raises issues related to the competence of the Appeal Board for consideration at meetings;

 

4.2.6.

Represents the Appeal Board.

 

4.3

Rights and duties of the members of the Appeal Board are as follows:

 

4.3.1.

To participate in meetings and activities of the Appeal Board;

 

4.3.2.

To conduct comprehensive, complete and impartial investigation in connection with the complaints received by the Appeal Board;

 

4.3.3.

To voice attitude and make proposals on complaints submitted to the Appeal Board;

 

4.3.4.

To obtain additional documents and require their inclusion in the investigation files in the event of insufficiency of documents (collected materials) submitted for initial investigation relating to the complaints received in the Appeal Board;

 

4.3.5.

To participate in the voting for adoption of decisions on behalf of the Appeal Board regarding the complaints received in the Appeal Board;

 

4.3.6.

To sign the minutes of the meetings of the Appeal Board;

 

4.3.7.

In case of disagreement with the decisions adopted by the majority of votes at the meetings of the Appeal Board, to apply to the Minister in writing with a successful conclusion to discuss these issues at the board meeting of the Ministry;

 

4.3.8.

To have impartial attitude to issues considered at the meetings of the Appeal Board;

 

4.3.9.

Make proposals on organizational issues related to the competence of the Appeal Board;

 

4.3.10.

Perform other duties and rights provided for in these Regulations.

 

4.4.

The Secretariat of the Appeal Board (hereinafter - Secretariat) is established for the organization of the current activities of the Appeal Board. Head and members of the Secretariat of the Appeal Board are approved by the Minister on the basis of proposal of the chairman of the Appeal Board.

 

4.4.

If the issues considered at the Board meeting affect personal interests and that may give grounds for its bias, each member of the Appeal should inform to the Board and should not take part in decision-making .

 

4.5.

Organizes presentation for development, examination, agreement, and approval of drafts of normative documents in ICT sphere;

 

4.6.

The Secretariat:

 

4.6.1.

Performs organizational measures in connection with the complaints received by the Appeal Board;

 

4.6.2.

Verifies compliance of complaints received by the Appeal Board with legislation and requirements of these Regulations, if they comply with the requirements , applies to the relevant structural divisions of the Ministry and its bodies for the presentation of the required documents (materials) on the case to the Secretariat no later than 2 business days;

 

4.6.3.

In accordance with paragraph 4.6.2 of these Regulations, after checking the integrity and necessity of documents (materials) submitted by relevant structural divisions of the Ministry and its bodies sends the collected documents (materials) to other members of the Appeal Board except for the chairman of the Appeal Board for a formal review;

 

4.6.4.

Officially summarizes the conclusions submitted in accordance with paragraph 4.7 of these Regulations and by agreement with the Chairman of the Appeal Board organizes meetings of the Appeal Board;

 

4.6.5.

Informs in writing to the members of the Appeal Board, as well as persons specified in subparagraph 3.0.2 of these Regulations on the date of the meetings of the Appeal Board at least 3 working days before the meeting;

 

4.6.6.

Draws up minutes of the Appeal Board meeting and submits to the members of the Appeal Board for signing;

 

4.6.7.

Prepare draft decisions (opinions, responses submitted in writing) adopted by the Appeal Board, presents to the Chairman of the Appeal Board for review and signing;

 

4.6.8.

Provides delivery of decisions (opinions, responses submitted in writing) adopted by the Appeal Board to relevant authorities;

 

4.6.9.

Keeps records of complaints considered at the Appeal Board, analyzes them, conduct a review and presents quarterly, semi-annual and annual statements (reports) on the results to the chairman of the Appeal Board;

 

4.6.10.

Spreads the information on the issues considered at meetings of the Appeal Board through the media and the official website of the Ministry;

 

4.6.11.

Provides information to the public on the activities of the Appeal Board, posting of the information, publication of the list of which is established by law, on the official website of the Ministry and constant updating of information;

 

4.6.12.

Carries out instructions of the chairman of the Appeal Board;

 

4.6.13.

Keeps the original minutes of the Appeal Board and other documents;

 

4.6.14.

Performs other duties and rights provided for in these Regulations .

 

4.7.

In accordance with subparagraph 4.6.3 hereof , reviews should be submitted no later than 2 business days. Reviews submitted must be reasonable, the opinions on any issue should be expressed clearly and unambiguously.

 

5. Requirements to complaints

 

5.1.

The complaint shall be submitted in writing. The complaint shall contain the following information along with the information provided by the Law of Azerbaijan Republic “On Administrative Procedure”:

 

5.1.1.

VAT number of the complainant;

 

5.1.2.

Information on previously appeals made to the Ministry and the reply (response) received on the subject of the complaint;

 

5.1.3.

Information (name, date, number, summary of administrative act adopted by the Ministry or its bodies) on the reason of making an appeal (appeals) to the Ministry on the subject of the complaint;

 

5.1.4.

The list of documents attached to the complaint.

 

5.2.

Complaints are signed by an individual who is applying or head of the legal entity, or their authorized representatives (with the addition of copy of document confirming the authority to the complaint).

 

5.3.

Complaints presented by legal entity must be sealed by the same legal entity. This requirement also applies to representative offices, branches and agencies of resident and non-resident legal entities. In this case, the complaint is sealed by representative offices, branches and agencies, respectively.

 

5.4.

Duly certified copies of documents confirming their validity (decision, act, review, letter, reference, receipt and other documents received from the public, non-governmental bodies and local self-governments) are attached to the complaints.

 

5.5.

Complaints (complaints not considered repeated complaints) directly received by the Appeal Board without examining the relevant structural division of the Ministry, as well as appeals for offenses related to corruption, are sent to relevant authorities for consideration.

 

5.6.

A grounded decision (or a written response) based on the results of the investigation regarding the complaint which has been considered (or without consideration on its merits) at the Appeal Board is sent to each person (persons) who lodged the complaint.

 

6. The procedure of meetings of the Appeal Board

 

6.1.

Meetings of the Appeal Board is held with the participation of at least two thirds of the members.

 

6.2.

Meetings of Appeal Board shall be held not less than twice a month, and if necessary, with the consent of the chairman of the Appeal Board, or at any time by order of the Minister.

 

6.3.

Depending on the appeals to be discussed, regulation of each meeting of the Appeal Board is determined by the chairman of the Appeal Board.

 

6.4.

Those filing complaint (their authorized representatives) to the Appeal Board, relevant officials of the Ministry, experts, specialists, interpreters and other related parties can take part in the meetings of the Appeal Board.

 

6.5.

All the facts included in the agenda of the Appeal Board in relation to complaints are discussed by members of the Appeal Board and attitude is voiced regarding to each question seperately.

 

6.6.

Decisions at the meetings of the Appeal Board are adopted by open vote by a simple majority of the members present. In case of a tie, the chairman of the Appeal Board has the casting vote.

 

6.7.

Chairman of the Appeal Board, head of the Secretariat of the Appeal Board, or one of the members of the Appeal Board makes report on complaints included in the agenda of the Appeal Board.

 

6.8.

When authorized representatives of the complaining person take part in the meetings of the Appeal Board, original document (or duly certified copy) confirming the representative’s authority shall be presented to the Secretariat.

 

6.9.

Persons invited to the meetings of the Appeal Board shall have the right to make proposals and voice their attitude with respect to the relevant issues.

 

6.10.

Information on the decisions adopted on the complaints in the Appeal Board is disseminated through the media and the official website of the Ministry by the Secretariat.

 

6.11.

Video recordings of discussions on complaints included on the agenda of the meetings of the Appeal Board are implemented and kept for at least a year.

 

6.12.

If the chairman of the Appeal Board is unable to attend the meetings of the Appeal Board for good reasons (vacation, business trip, illness, etc.), the powers of the Chairman of the Appeal Board are handed over to one of deputy ministers by the Minister.

 

7. Requirements to the minutes of meetings and decisions adopted by the Appeal Board

 

7.1.

Result of the meetings of the Appeal Board is formalized by reflecting in the minutes of meetings signed by members of the Appeal Board and head of the Secretariat.

 

7.2.

The minutes of the meeting of the Appeal Board should include the following:

 

7.2.1.

Date and place of the meeting;

 

7.2.2.

Names, surnames, patronymics of members of the Appeal Board, head of Secretariat other persons invited and (or) their authorized representatives participating in the meeting;

 

7.2.3.

Subject, summary, and basis of the complaint included in the agenda for discussion;

 

7.2.4.

Decisions adopted previously and bases of those decisions on the subject of the complaint included in the agenda for discussion;

 

7.2.5.

Speeches of persons participating in the meeting of the Appeal Board;

 

7.2.6.

Collected evidences, conclusions, references to relevant legal acts concerning the complaints received by the Appeal Board;

 

7.2.7.

The decision adopted by the Appeal Board.

 

7.3.

Appeal Board adopts one of the following decisions on the results of the investigation of complaints received for proceedings:

 

7.3.1.

The complaint is satisfied;

 

7.3.2.

The complaint is partially satisfied;

 

7.3.3.

The complaint is not satisfied;

 

7.3.4.

New decision is adopted on the merits of the complaint.

 

7.4.

The decision of the Appeal Board should be made reasonably and reflect all the circumstances of the case. A decision signed by the chairman of the Appeal Board consists of an introduction, description, reasoning, and introductory part and these parts include following information:

 

7.4.1.

In the introductory part the date and place of the decision adopted by the Appeal Board, the name, surname, patronymic, position of the chairman of the Board of Appeal, who signed the decision, the subject of the complaint and requirements put forward;

 

7.4.2.

In the description justification of the complaining persons, decisions adopted previously on the subject of the complaint and summary and basis of those decisions, as well as explanations of the persons participating in the case;

 

7.4.3.

In the reasoning part information on evidences and collected documents obtained by the Appeal Board, references to relevant legal acts;

 

7.4.4.

In the introductory clause the decision adopted by the Appeal Board, instructions on the implementation of the decision and the procedure for lodging a complaint against the decision.

 

7.5.

Sending of decisions (written answers) adopted by the chairman of the Appeal Board for its intended purpose is organized by the Secretariat.

 

7.6.

In case of appeal received by the Appeal Board for proceedings related to the competence of another authority, the Appeal Board sends the complaint and attached documents to the competent authority no later than 3 business days and notifies the complainant about it in writing on a reasonable basis.

 

Chairman

Iltimas Mammadov  

Deputy Minister of Communications and High Technologies

 

 

Members of the Appeal Board

Mobil Mammadzade

Head of Interconnection and services sector of Regulation Department

Nazim Jafarov

Head of Telecommunications sector of Telecommunications and Post Department

Elchin Mammadov

Senior adviser of Science, Technology and Information Society Development Department

Razi Taghiyev

Technical director of Baku Telephone Communications Production Association

Tahir Mammadov

Deputy General Director of Aztelecom LLC

Ilham Afandiyev

Chief engineer of State Administration of Radio Frequencies

   

 

 

Head of the Secretariat:

Gulten Miraliyeva

Deputy head of Department for Work with documents

 

Members of the Secretariat:

Shabnam Mammadova

Senior adviser of E-Governanace Development Department

Kamala Azizova

Adviser of Department for Work with Documents

Hagigat Isabalayeva

Correspondent of Press Service