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Regulations

General Provisions

 

1.1  

The Ministry of Transport, Communications and High Technologies of the Republic of Azerbaijan (hereinafter referred to as “the Ministry”) is a central executive body implementing state policy and regulation in the areas of  (hereinafter referred to as “relevant area”) transport (except for the cases determined by the President of the Republic of Azerbaijan), including  maritime transport and civil aviation, communications  (telecommunication, post),  high technologies (information technologies, microelectronics, nano, bio and other innovative science-intensive technologies)

 

1.2

In its activity, the Ministry is guided by the Constitution of the Republic of Azerbaijan, international treaties to which Azerbaijan is a signatory, laws of the Republic of Azerbaijan, decrees  and  orders of the President of the Republic of Azerbaijan, decisions and resolutions of the Cabinet of Ministers of the Republic of Azerbaijan, and these Regulations.

 

1.3

When carrying out its duties and exercising its rights set forth in these Regulations, the Ministry interacts with central and local executive bodies, local self-government authorities, international and non-governmental organizations, as well as other legal entities and individuals.

 

1.4

The Ministry has at its disposal state-owned property, an independent balance sheet, banking and treasury accounts, seal with the State Emblem of the Republic of Azerbaijan and its own name engraved on it in Azerbaijani and English languages, respective stamps and letterheads

 

1.5

Costs related to the maintenance and activities, as well as material and technical support of the Ministry are financed through the state budget of the Republic of Azerbaijan and other sources provided for by law.

 

1.6

The Ministry is located in Baku city.

II. Main Duties of the Ministry

 

2.0.

The Ministry carries out activities in the following areas:

 

2.0.1.

participates in the formation of a unified state policy in the relevant area and ensures the implementation of this policy;

 

2.0.2.

carries out state regulation, state control and coordination in the relevant area;

 

2.0.3.

carries out international cooperation in the relevant area;

 

2.0.4.

takes measures to attract investments in the relevant area;

 

2.0.5.

together with relevant government agencies provides the development, implementation and management of international and local investment projects in the relevant area;

 

2.0.6.

grants licenses and permits for the implementation of entrepreneurial activity in the relevant area in the cases and manner provided for by law, exercises control over compliance with license and permit conditions;

 

2.0.7.

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

 

2.0.8.

exercises control over civil aviation safety, aviation safety and environmental protection by aircraft;

 

2.0.9.

organizes marine safety system;

 

2.0.10.

ensures efficient use of telecommunications, including wireless technologies, broadband Internet, post, radio and TV broadcasting and radio frequencies;

 

2.0.11.

participates in the creation and expansion of transit information highways and nodes and regional information services;

 

2.0.12.

together with relevant government bodies, develops and implements scientific-technical and innovation policies for high technologies;

 

2.0.13.  

with relevant government bodies implements measures to strengthen the potential of high technologies sector, toencourage the development of competitive high technologies, knowledge-intensive, low-cost products and services and innovative businesses;

 

2.0.14.

with relevant government agencies carries out work todevelop and use of nuclear technologies for peaceful purposes;

 

2.0.15.

participates in policy-making and implementation in the areas of information security, prevention ofglobal cyber attacks, protection ofnational electronic information resources;

 

2.0.16.

in cooperation with relevant state bodies, takes joint measures for the construction, operation and security of telecommunications networks for special purposes of public authorities;

 

2.0.17.

with relevant government agencies participates in the e-government development issues;

 

2.0.18.

provides the development of e-signature infrastructure and its wide use;

 

2.0.19.

develops and implements measures for the development of the information society;

 

2.0.20.

exercises control over the efficient use of state property in the relevant area and ensures the protection of the state interests;

 

2.0.21.

implements policy-making activities in the relevant area;

 

2.0.22.

implements measures for the development of the relevant area.

 

III. Functions of the Ministry

 

3.0.

The Ministry fulfils the following duties in accordance with the directions of activity specified in these Regulations:

 

3.0.1.

with relevant government agencies to identify priorities for the development of the industry, to ensure the preparation and implementation of state programs and development concepts;

 

3.0.2.

submit proposals on the improvement of state regulation mechanisms in the relevant area;

 

3.0.3.

taking into account the advanced international practice, to ensure the proper application of scientific and technological achievements in the relevant area, to coordinate innovative activities for research, development, use, improvement of high technologies, with other relevant government agencies to take necessary measures in this field;

 

3.0.4.

to co-ordinate the activities of state bodies, individual entrepreneurs and legal entities related to the relevant fields of activity;

 

3.0.5.

to represent interests of the state in the cases and in the manner prescribed by the President of the Republic of Azerbaijan in enterprises operating in the relevant area with a state share in the charter capital;

 

3.0.6.

to develop public-private partnership in the relevant area;

 

3.0.7.

except for the cases determined by the President of the Republic of Azerbaijan, to participate in the formation of a tariff policy on the issues related to the activities of the relevant field, make proposals on tariffs regulated by the state in this area, to implement the agreed international tariff policy in the relevant area, to approve international traffic tariffs and charges in accordance with the applicable international regulations, as well as to monitor the tariffs applicable to services that are not regulated by the state in the relevant area, to give recommendations to the relevant authorities about it;

 

3.0.8.

to implement appropriate measures for the protection of state secrets and confidentiality in the relevant area, as well as implement security measures in accordance with the activity areas;

 

3.0.9.

to carry out the function of the state customer in the relevant field in the cases and in the manner prescribed by the President of the Republic of Azerbaijan;

 

3.0.10.

to carry out customer functions in the construction funded by the state in cases and manner specified in the Town Planning and Construction Code of the Republic of Azerbaijan;

 

3.0.11.

to make proposals for the construction of facilities of state importance in the relevant area;

 

3.0.12.

to participate in the work of committees on privatization of state-owned enterprises that are under its subordinate;

 

3.0.13.

except for the cases determined by the President of the Republic of Azerbaijan, to coordinate the interaction of means of transport in transport junctions and to take measures for the development of mixed transportation;

 

3.0.14.

to issue permits directly or through an organization within its structure and monitor compliance with permit conditions envisaged in Articles 5-8, 31, 32 (except for the cases where permission slips for the vehicles of foreign states are given at the state border checkpoints), 33, 35, 36, 38-41, 34 and 37 (except for the cases determined by the President of the Republic of Azerbaijan) of the Annex 3 to the Law of the Republic of Azerbaijan “On Licenses and Permits” -“List of Permits for Entrepreneurial Activity” as well as cases approved by Decree No.292 of the President of the Republic of Azerbaijan dated September 12, 2005 the “List of central executive authorities issuing special permits for circulation of items may belong to certain parties of civil circulation and circulation which is allowed only on the basis of special permission (with limited civil circulation)” and in the cases determined by the Cabinet of Ministers of the Republic of Azerbaijan, to grant a special license and exercise control over the compliance with permit conditions for goods (work, facilities, results of intellectual property) subject to export control;

 

3.0.15.

to exercise control over the compulsory insurance of passengers of air, water and railway transport in accordance with the Law of the Republic of Azerbaijan on “Compulsory insurance” on compulsory private insurance for transport accidents;

 

3.0.16.

to make proposals to the Cabinet of Ministers of the Republic of Azerbaijan on the procedure, program and duration of special preparation for taxi drivers;

 

3.0.17.

to approve guidelines for technical service stations (sites) providing repair and maintenance services for vehicles;

 

3.0.18.

to cooperate with the International Civil Aviation Organization and other international organizations in the field of civil aviation, to participate in their work, as well as to interact with aviation administrations of foreign countries, to monitor compliance with national rules, norms and procedures, international standards and recommended practices in the field of civil aviation, as well as inform on the existing differences between the normative legal acts in the field of civil aviation and the International Civil Aviation Organization’s Standards and Recommended Practice;

 

3.0.19.

to form the aviation market on a competitive basis;

 

3.0.20.

to implement a unified state policy to ensure the airworthiness of civilian aircraft;

 

3.0.21.

to make proposals to the Cabinet of Ministers of the Republic of Azerbaijan on opening (closing) of civil airports, aerodromes, heliports for international flights;

 

3.0.22.

to issue permissions to aircraft to carry dangerous goods over the airspace of the country;

 

3.0.23.

to define requirements for air navigation, telecommunication, information and meteorological services for aircraft operations in the airspace and airports of the Republic of Azerbaijan;

 

3.0.24.

to define requirements for the recognition of certificates, approvals and other similar documents issued by competent authorities of foreign states in respect of civil aircraft, aeronautical airports and civil aviation entities;

 

3.0.25.

to approve technical requirements, rules and instructions for the safety and exploitation of other vehicles in the territory of restricted area of civil aircraft and airports for all civil aviation entities regardless of their legal organizational status or form of ownership;

 

3.0.26.

to approve requirements for the health status of individual categories of aviation specialists as well as their professional training level and examination;

 

3.0.27.

to ensure the control of the port and the flag control in relation to ships sailing under the State Flag of the Republic of Azerbaijan;

 

3.0.28.

to organize a maritime navigation safety system and to control over the compliance with the rules in maritime navigation in the territory of the Republic of Azerbaijan;

 

3.0.29.

to approve technical requirements and rules for the maintenance and operation of ships;

 

3.0.30.

to submit to the Cabinet of Ministers of the Republic of Azerbaijan draft rules for awarding naval ranks;

 

3.0.31.

to approve requirements for the construction, operation, repair and re-equipment of facilities, vessels, marine equipment and other structures;

 

3.0.32.

to give opinion on the construction of sea transport facilities, including ports and cargo terminals;

 

3.0.33.

to approve normative legal acts in the field of maritime safety, human life and health at sea, marine environment;

 

3.0.34.

to implement the activities for the organization and management of high technologies parks;

 

3.0.35.

to implement measures with relevant government agencies to ensure information security and data protection;

 

3.0.36.

to grant special permit (license) for provision of telecommunications services, creation and maintenance of biometric technologies, formation of information resources of personal data and creation of information systems and provide services to them, grant license to cellular (mobile) communication services (indicating technological standard), to monitor compliance with the requirements and conditions of the license;

 

3.0.37.

to define the form and terms of the license agreement in cases and in the manner provided for by law, to conclude a license agreement;

 

3.0.38.

to exercise control over compliance with the license conditions specified in the license for carrying out activities by a license holder provided for in Article 6 of Annex No.1 to the Law of the Republic of Azerbaijan “On Licenses and Permits” (except for cases arising from state security), in case of non-compliance the license conditions by license holder to send a valid evidence to the authority issuing licenses for suspension and cancellation of the license;

 

3.0.39.

with relevant government agencies to provide control over the formation of service markets for communications and high technologies certain services, to analyze services markets, to determine specific requirements for the activities of dominating operators and service providers;

 

3.0.40.

with relevant government agencies to determine the quality of services, including Internet services for communications and high technologies , as well as exercise control over the quality of services of business entities functioning in the relevant area regardless of their ownership and legal organizational form;

 

3.0.41.

to determine the rules for the connection to the public telecommunications network and use it, to define policy for the development of the network, its improvement, cost-effective and reliable usage;

 

3.0.42.

to participate in the regulation of the use of radio frequency resources of the Republic of Azerbaijan and their protection;

 

3.0.43.

to exercise control over the mutual accounts for international load (traffic) and mail exchange with telecommunications operators and postal operators of foreign countries in accordance with the International Telecommunication Regulations (ITRs), the acts of the Universal Postal Union;

 

3.0.44.

to define the terms of interconnection among operators, regulate the activities in this field, take measures to resolve the disputes;

 

3.0.45.

to define the rules for allocation and utilization of number resources of Azerbaijani segment (country code) for single telecommunications network and international telecommunications network of the Republic of Azerbaijan, in accordance with these rules to control the implementation of Number Portability between operators;

 

3.0.46.

to regulate registration and use of country code top-level domain names in accordance with international standards with the participation of relevant bodies;

 

3.0.47.

to conduct registration of mobile devices;

 

3.0.48.

to define the rules for use of radio frequencies, radio electronic facilities and devices in this field, control their implementation and conduct monitoring of electromagnetic field of telecommunications devices;

 

3.0.49.

to define the classification, organization, quality, term, and other requirements of universal telecommunications services and to take necessary measures for oversight services;

 

3.0.50.

to make recommendations in order to coordinate the activities of operators, service providers, other legal entities operating in the field of communication and high technologies and individuals engaged in entrepreneurial activities;

 

3.0.51.

to carry out certification of telecommunications equipment and facilities;

 

3.0.52.

to take necessary measures to control the activities in the field of postal and financial services;

 

3.0.53.

to define rules for the development of state postage stamps, approval of nominal value and copies, their printing, putting in circulation and withdrawing from circulation and exercise control over this field;

 

3.0.54.

to define postcodes for postal facilities in Azerbaijan Republic and standards for control-transition periods and monitor the quality of postal services;

 

3.0.55.

to approve general rules for providing universal postal services and define quality standards;

 

3.0.56.

to ensure stable operation of telecommunications networks in emergency situations, toward this end to develop plans for collection of material resources and to participate in their implementation;

 

3.0.57.

to develop and implement necessary measures for providing the population in all settlements of the country with quality and reliable telecommunications and broadband internet services;

 

3.0.58.

to take necessary measures for the development of postal service and postal financial services;

 

3.0.59.

to organize radio and television broadcasting, as well as digital television broadcasting in the territory of the Republic of Azerbaijan with the concerned authorities;

 

3.0.60.

to develop and implement necessary measures with other relevant government agencies in order to expand country’s transit information corridor, to coordinate the activities of local and foreign operators in this field, to attract investments, to ensure international support ;

 

3.0.61.

to take necessary measures in order to increase the capacity of alternative and sustainable connection to the global information and telecommunications network;

 

3.0.62.

to expand the network of regional data centers and to implement the organization of information services;

 

3.0.63.

to develop and implement necessary measures for the expansion of research in the field of high technologies with concerned authorities, to improve the efficiency and application of the results in relevant areas;

 

3.0.64.

with relevant government agencies to develop and implement necessary measures for the expansion of scientific and technical research on nuclear technologies, increase the efficiency and application of the results in relevant areas;

 

3.0.65.

to expand the use of high technologies in the areas of production with relevant government agencies, develop proposals for the development and manufacture of high-tech and knowledge-intensive products and take measures for their implementation;

 

3.0.66.

to finance projects on stimulation of activities in the field of information and communication technologies, application of innovations in this field, as well as applied research projects through the State Fund for Development of Information Technologies under the Ministry;

 

3.0.67.

to analyze the state of cyber security in the country on an ongoing basis, coordinate the activities of information infrastructure entities in the field of cyber security, provide information to the public, private and other organizations on current and potential electronic threats when using electronic means, render them technical and methodical assistance, with national internet operators and relevant government agencies to take preventive measures to prevent global cyber attacks in the common internet traffic incoming in the country;

 

3.0.68.

to develop and implement necessary measures with relevant government agencies to prevent external intrusion into the country’s airspace;

 

3.0.69.

with other relevant government agencies to verify the compliance of collection, processing and protection of personal data in the information systems included in the state register with the requirements of the Law of the Republic of Azerbaijan “On Personal Data”, as well as with the declared objectives of information systems of information and methods of their use;

 

3.0.70.

with relevant government agencies to carry out audit of the security of information systems and networks in order to detect and prevent electronic threats;

 

3.0.71.

to organize protection of facilities in the field of telecommunications and high technologies and participate in the elimination of emergency situations;

 

3.0.72.

to establish special telecommunication networks of state bodies, to take measures with relevant state bodies on technical support and security of such networks;

 

3.0.73.

to provide the development, management, and operation of e-government portal;

 

3.0.74.

with relevant government agencies to take necessary measures for the development of e-government;

 

3.0.75.

to organize exchange of information between information systems and resources of government agencies and provision of e-services through e-government portal;

 

3.0.76.

to ensure the development of electronic signature infrastructure, implementation of its management and supervision in this field, to maintain records of certification services centers;

 

3.0.77.

to take measures for the implementation of the project e-government, as well as create information systems and resources, submit proposals on identification of technical requirements and standards for their integration;

 

3.0.78.

to keep state register of state information resources and information systems of personal data;

 

3.0.79.

to coordinate activities on the utilization of information systems of the state bodies, the establishment of infrastructure and formation of standards through the establishment of “government cloud”;

 

3.0.80.

to make proposals on single principles and standards for the establishment of information systems of state bodies;

 

3.0.81.

to make proposals on the quality standards for public services;

 

3.0.82.

to maintain records of operators and providers of internet telecommunication services;

 

3.0.83.

to take measures provided for by law on the placement of prohibited information in the Internet information resources;

 

3.0.84.

to restrict access to the Internet information resources in cases and manner prescribed by law;

 

3.0.85.

to establish rules for control over the content of the information, compilation of the list and its application on the “List of information resources containing information, dissemination of which is prohibited” and organization of interaction between host and Internet providers;

 

3.0.86.

to make proposals for the coordination and integration of information systems, resources and registers for the development of “electronic government” and improvement of electronic services;

 

3.0.87.

to inform the President of the Republic of Azerbaijan twice a year on the measures taken for making government services available online and their integration into the “Electronic government” portal;

 

3.0.88.

to create electronic management systems and information systems in the relevant area;

 

3.0.89.

based on the information of the operator of sports betting games in the Republic of Azerbaijan, to ensure that necessary measures are taken to prevent the activities of the internet portals and sites of both domestic and foreign virtual vendors of sports betting games operating without a contract with the operator of sports betting games;

 

3.0.90.

to ensure that the relevant seller is restricted in the territory of the country, if he does not allow buyers (customers) and authorized state bodies to become familiar with the information envisaged in Article 5.3 of the Law of the Republic of Azerbaijan “On Electronic Commerce”;

 

3.0.91.

to develop and implement necessary measures in order to eliminate the digital divide in the use of information technologies among different groups of population, between urban and rural settlements;

 

3.0.92.

to develop and implement necessary measures with concerned authorities relating to the development of knowledge-based economy, as well as new forms of socio-economic activities (e-commerce, telemedicine, telework etc.)

 

3.0.93.

to develop and implement necessary measures with concerned authorities on the development of national internet resources;

 

3.0.94.

to detect and prevent the services organized but not complying with the existing rules and standards in the relevant area and take measures with appropriate authorities;

 

3.0.95.

to prevent monopoly activity and unfair competition of economic entities in the relevant area, form a healthy competition environment and take joint measures with relevant public authorities for the protection of consumers’ rights;

 

3.0.96.

with relevant government agencies, to improve investment climate in the relevant area, to make proposals for investment incentives and take measures to attract local and foreign investment;

 

3.0.97.

to study the demand for highly qualified personnel in the relevant field, to provide staff training, to take measures to train specialists for their additional training;

 

3.0.98.

to participate in the development of state standards and classifications in the relevant area;

 

3.0.99.

to take measures for taking into consideration the recommendations of international organizations in its activities in the relevant area;

 

3.0.100.

to ensure the implementation of international treaties to which Azerbaijan is signatory;

 

3.0.101.

to ensure the organization and provision of electronic services specified by the Cabinet of Ministers of the Republic of Azerbaijan;

 

3.0.102.

to ensure the implementation of human rights and freedom and prevent their violation;

 

3.0.103.

to ensure the efficient use of the budgetary funds, loans, grants and other financial resources allocated to the relevant area;

 

3.0.104.

to coordinate the work of agencies within the structure of the Ministry and subordinate agencies of the ministry and exercise control over their activities;

 

3.0.105.

to analyze the activities and financial condition of agencies included in the ministry’s structure and subordinate bodies that are not included in the ministry’s structure, submit proposals on how to improve the efficiency of their activities and take measures, to develop projections of socio-economic development, including estimates of revenues and expenditure and exercise control over their implementation;

 

3.0.106.

to inform the population on its activities, creation of its website, placing of public information on its site as defined by the Law of the Republic of Azerbaijan on public information disclosure and ensure the updating of the information on a regular basis;

 

3.0.107.

to ensure the participation of the public in its activities and cooperation with private sector and institutions of civil society;

 

3.0.108.  

to develop and implement necessary measures for the improvement of labour safety and working conditions in the field of activity;

 

3.0.109.

to ensure social and cultural welfare conditions of workers in relevant area ;

 

3.0.110.

to implement measures to improve the structure and activity of the Ministry;

 

3.0.111.

to consider the applications and complaints related to the activity of the Ministry, respond to them in a timely manner and take other measures;

 

3.0.112.

to perform other functions defined by the acts of the President of the Republic of Azerbaijan.

 

IV. The Rights of the Ministry

 

4.0.

The Ministry is entitled with the following rights for fulfilling its duties and functions;

 

4.0.1.

to implement the rights arising from rulemaking activities in relevant area;

 

4.0.2.

to take the initiative in the relevant area to support the international treaties of the Republic of Azerbaijan ;

 

4.0.3.

to make request to state and local self-governing bodies, individuals and legal entities about necessary information (documents) in relevant area and receive such information (documents) from them;

 

4.0.4.

to give an opinion on relevant field, make analysis, generalization, conduct monitoring and research, prepare training and analytical materials, as well as make recommendations and submit proposals, prioritize ways to address shortcomings;

 

4.0.5.

to attract independent experts and specialists, consulting firms, academic institutions to its activities on a contract basis within the funds considered for this purpose, to set up working groups and committees on publicbasis;

 

4.0.6.

to participate in international events, including forums, conferences, exhibitions and other events and organize such events in the country and abroad;

 

4.0.7.

to study relevant experience of foreign countries, establish and implement cooperation with relevant authorities and other bodies of foreign states, international organizations, foreign legal entities and other persons, negotiate and participate in negotiations, prepare drafts of international treaties or participate in their preparation;

 

4.0.8.

to submit the proposals in the manner prescribed by law on establishment, expansion, closure and improvement of bus terminals (bus stations), railways, air and sea ports to ensure the efficiency of international and local transportation;

 

4.0.9.

to enhance the application of relevant information technologies, to create, to regulate, to evaluate and integrate information systems in accordance with the activities of public and private organizations in order to ensure efficient management of the transport sector ;

 

4.0.10.

to make proposals for the approval of samples of clothing in civil aviation, insignia and wearing uniforms;

 

4.0.11.  

to make proposals for the improvement of mutual relations between types of transport, as well as freight forwarders, operators, forwarders, agency and other organizations at the transport junctions;

 

4.0.12.

to request information from public authorities operating in the field of transport on their activities in accordance with the established order and to take appropriate measures within their authority;

 

4.0.13.

to define directions of scientific research, experimental design, project and engineering-research works financed from the state budget;

 

4.0.14.

to take measures to assess and improve the quality of transport services provided throughout the country by taking into account international experience;

 

4.0.15.

to provide support to innovative initiatives in high technologies (eg, startups), hold competitions, propaganda events, workshops and trainings;

 

4.0.16.

to require the elimination of infringements of the provisions of the law “On Personal Data” of the Republic of Azerbaijan from the state bodies, legal entities and individuals engaged in collection, processing and protection of personal data, bring to justice those who have violated the law, to take actions against them with other relevant government authorities;

 

4.0.17.

to  recommend employees of telecommunication and high technologies, as well as those working in subordinated transport authorities for state  prizes and other honorary titles, to take measures to encourage them; to set up periodical press releases, to release special bulletins, journals and other publications;

 

4.0.18.

to exercise other rights defined by the acts of the President of the Republic of Azerbaijan;

 

V. Organization the Activity of the Ministry

 

5.1.

Central Office of the Ministry, its structures and subordinate agencies (legal entities, organizations, etc.), as well as relevant executive authorities of Nakhchivan Autonomous Republic are an integrated system of the Ministry. The Ministry carries out its activities directly and through those bodies.

 

5.2.

The structure of the Ministry, the total number of employees of the Ministry’s Central Office and agencies that are included in the structure of the ministry is determined by the President of the Republic of Azerbaijan. The total number of subordinate institutions (legal entities, organizations, etc.) that are not included in the structure of the Ministry is approved by the Cabinet of Ministers of the Republic of Azerbaijan.

 

5.3.

The Minister of Transport, Communications and High Technologies (hereinafter - the Minister) is appointed and dismissed by the President of the Republic of Azerbaijan and bears personal responsibility for the fulfillment of duties and implementation of the functions entrusted to the Ministry.

 

5.4.

The Minister has first deputy minister and two deputies appointed and dismissed by the President of the Republic of Azerbaijan. The Deputy Ministers act in accordance with the allocation of the functions made by the Minister and bear personal responsibilities for the fulfillment of the functions entrusted to them.

 

5.5.

Minister:

 

5.5.1.

organizes and manages the activity of the Ministry;

 

5.5.2.

conducts segregation of duties between deputy ministers, defines their and ministry’s other officials’ authorities on staff, personnel, financial, economic and other issues, and ensures their interaction;

 

5.5.3.

adopts normative legal acts on approval of regulations of the structural branches of the Ministry, bodies that are included in the structure (except for structures whose regulations are approved by the President of the Republic of Azerbaijan) and Scientific and Technical Council as a decision and issues that are not related to the authorities of the Ministry’s Board as shown in the paragraph 5.11 of these Regulations;

 

5.5.4.

approves the regulations of the structural units of the Ministry, submits for approval the regulations of subordinate bodies that are not included in the structure of the ministry;

 

5.5.5.

Within the defined structure, wages fund and number of employees, approves the estimate of costs, structure, staff list and allocated budgetary funds of its bodies and the bodies that are not included in the structure of the ministry’s office;

 

5.5.6.

appoints and dismisses the employees of the central office of the Ministry, heads, their deputies and other senior officials of its structures and subordinate bodies (with the exception of bodies whose heads are appointed and dismissed by the President of the Republic of Azerbaijan), takes encouragement and disciplinary punishment measures for them in a manner defined by legislation;

 

5.5.7.

approves non-normative legal acts as orders and organizes their implementation and normative legal acts approved by the Ministry, examines and takes control over them;

 

5.5.8.

annuls the decisions adopted by officials of the Ministry that contradict legislation;

 

5.5.9.

represents the ministry in relation to government agencies, enterprises, institutions and organizations, legal entities and individuals of Azerbaijan Republic and foreign countries, as well as international organizations, conducts negotiations, signs relevant international documents within the powers granted to him;

 

5.5.10.

makes proposals on issues related to the Ministry for the formation of state budget and extra-budgetary funds for respective year;

 

5.5.11.

ensures the expenditure of the funds allocated from the state budget for its intended purpose;

 

5.5.12.

approves the chairman of the Appeals Board, as well as other members of the Appeals Board, the head and composition of the Secretariat on the basis of the submission (proposal) of the chairman of the Appeals Board;

 

5.5.13.  

awards public service senior advisor and lower special ranks to civil servants of the Ministry;

 

5.6.

Bodies of the Ministry and subordinate bodies bear directly responsibility for the duties and functions entrusted to them.

 

5.7.

The Minister can assign temporary performance of part of his duties to the first deputy minister or one of his deputies;

 

5.8.

The Ministry creates a board consisting of the Minister (chairman of the Board), first deputy minister, deputy ministers, head of the relevant executive authority of Nakhchivan Autonomous Republic and other senior officials of the Ministry. Experts and scientists can also be included in the composition of the Board of the Ministry.

 

5.9.

The number of members and composition of the board of the Ministry is approved by the Cabinet of Ministers of the Republic of Azerbaijan.

 

5.10.

In its meetings, the Ministry’s Board discusses issues related to the activity of the Ministry and takes relevant decisions.

 

5.11.

The Board of the Ministry adopts following normative legal acts in the form of resolutions:

 

5.11.1.

normative legal acts regulating relationships between the Ministry and other persons (organizations);

 

5.11.2.

certain normative legal acts whose adoption assigned to the Ministry by the President of the Republic of Azerbaijan

 

5.11.3.

single (joint) normative legal acts regulating the activity of a number of government agencies;

 

5.11.4.

normative legal acts to be agreed with relevant state agencies;

 

5.11.5.

normative legal acts provided for in 5.5.3 subparagraph of these Regulations and put forward for discussion at the Board on the initiative of the Minister;

 

5.11.6.

in accordance with subparagraph 5.11.1 - 5.11.5 of these Regulations, cancellation of normative legal acts adopted by the Board of the Ministry or normative legal acts on making changes there.

 

5.12.

The meetings of the Board of the Ministry are considered as plenipotentiary by attendance of the majority members. Decisions of the Board of the Ministry are approved by simple majority of votes of its members. In cases of a tie vote, the Chairman’s vote shall be decisive.

 

5.13.

In the event of disagreement between the members of the Ministry’s Board, the Minister shall implement his decision informing the Cabinet of Ministers of the Republic of Azerbaijan about this. The Board members can send their personal views to the Cabinet of Ministers of the Republic of Azerbaijan.

 

5.14.

Representatives of other executive bodies, organizations, as well as non-governmental organizations can be invited to the meetings of the Board of the Ministry.

 

5.15.

With the aim of studying and implementing scientific-technical achievements and advanced experience in the relevant area, scientific-technical council, Internet development council and other public councils operating on public basis can be set up at the Ministry.