General provisions

1.1.The Appeal Board (hereinafter – Appeal Board) of the Ministry of Transport, Communications and High Technologies of the Republic of Azerbaijan (hereinafter – the Ministry) is a collegial body, acting on a voluntary basis (free of charge) and re-considering of appeals (hereinafter – complaint) applications from physical and legal entities engaged in entrepreneurial activities, in connection with their business activities, as well as the results of the civil service interviews on the decisions, action or inaction (with the exception of appeals on offenses related to corruption) of the Ministry and bodies that are included in its  structure and bodies (hereinafter – bodies) that are subordinate to the Ministry, but not included in its 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, resolutions and orders of the Cabinet of Ministers of the Republic of Azerbaijan, international treaties to which the Republic of Azerbaijan is a signatory and these Regulations.

1.3. When carrying out its duties and exercising its rights the Appeal Board cooperates in conjunction 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 term “complaint” means a written appeal submitted to the Appeal Board by natural and legal persons engaged in entrepreneurial activities against decisions made by the Ministry and its bodies, the refusal to the implementation of decisions adopted, actions or inactions of such persons, as well as the results of the interviews for recruitment to civil service by candidates.

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

Duties of the Appeal Board

Duties of the Appeal Board are as follows:

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

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

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;

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

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 law;

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

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

Rights of the Appeal Board

The Appeal Board has following rights to fulfill its duties:

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

To invite those who filed complaints (their authorized representatives), officials of the administrative office of the Ministry or its bodies, as well as other relevant persons to the meetings of the Appeal Board, conduct an investigation with their participation, receive explanations from them;

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

In case of detection of gross violations by the officials of the Ministry and its agencies in the performance of their official activities, as well as in cases of violation of legal acts during the investigation of complaints received by the Appeal Board, to raise an issue to take appropriate measures to bring them to responsibility in accordance with the procedure established by legislation and receive information on their result;

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

To carry out analysis and make generalization in the process of activities of the Appeal Board, put forward proposals in connection with the elimination of the contradictions revealed during the investigation of complaints;

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

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

To exercise other rights as provided for in the legislation and the acts of the President of the Republic of Azerbaijan.

Organization of the activity of the Appeal Board

Composition of the Board (chairman and other six members) is approved by the Minister of Transport, Communications and High Technologies (hereinafter – the Minister). The Appeal Board is chaired by First Deputy Minister appointed by the Minister.

The Chairman of the Appeal Board:

Organizes the work of the Appeal Board and supervises it;

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

Submits suggestions (proposals) to the Minister for approval of other members of the Appeal Board, as well as the head and composition of the Secretariat of the Appeal Board;

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

Brings up issues related to the powers of the Appeal Board for consideration at board meetings; 

Represents the Appeal Board.

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

To participate in the meetings and activities of the Appeal Board;

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

To express attitude, give opinions and suggestions regarding complaints submitted to the Appeal Board;

If there are insufficient documents (collected materials) submitted for preliminary investigation in connection with complaints received by the Appeal Board, to obtain additional documents and demand that they be included in the investigation materials;

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

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

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;

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

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

Perform other duties and rights provided for in these Regulations.

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 upon recommendation (proposal) of the chairman of the Appeal Board.

Each member of the Appeal Board should notify the Board and not participate in decision-making, if the issues considered at the Board meeting affect personal interests and may give grounds for its bias.

Secretariat:

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

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

 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 agencies sends the collected documents (materials) to other members of the Appeal Board except for the chairman of the Appeal Board for an official review;

Generalize the officially submitted conclusions 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;

Informs in writing the members of the Appeal Board, as well as persons specified in subparagraph 3.0.2 of these Regulations on the dates of the meetings of the Appeal Board at least three business days in advance of the meeting;

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

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

Ensures that decisions (opinions, answers in writing) adopted by the Appeal Board are despatched to relevant authorities;

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;

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

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

Carries out instructions of the chairman of the Appeal Board;

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

Performs other duties and exercises rights provided for in these Regulations.

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

Requirements for complaints

The complaint shall be made in writing. The complaint shall contain the following information along with the information provided for in the Law on Administrative Proceedings of the Republic of Azerbaijan:

TIN number of the complainant;

Information on the appeal (appeals) previously made to the Ministry and the answer (answers) received on the subject of the complaint;

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

The list of documents attached to the complaint.

The requirements set out in subparagraphs 5.1.1 – 5.1.3 of these Regulations do not apply to complaints filed about the results of interviews conducted in connection with admission to the civil service.

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).

Complaints presented by legal entity must be stamped 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 stamped by representative offices, branches and agencies, respectively.

Complaints shall be accompanied by copies of documents confirmed in the appropriate manner, confirming their validity (decision, act, review, letter, reference, receipt and other documents received from public, non-governmental bodies and local self-governments).

With the exception of complaints from the results of the civil service interviews, complaints (complaints that are not considered repeated ones) directly submitted to the Appeal Board without examining by the relevant structural division of the Ministry, as well as complaints on corruption-related offenses, are sent to relevant authorities for consideration.

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

Procedure for holding Appeal Board meetings

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

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

The rules of procedure of each Appeal Board session are determined by the chairman of the Appeal Board, depending on the appeals to be discussed. 

Those who have have filed a complaint with the Appeal Board (their authorized representatives), relevant officials of the Ministry, experts, specialists, interpreters and other related parties can participate in the meetings of the Appeal Board.

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

Decisions at the meetings of the Appeal Board are adopted by open vote by a simple majority of votes of the members present at the meeting. In case of a tie, the Chairman of the Appeal Board shall have the casting vote.

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

When authorized representatives of the complainant take part in the meetings of the Appeal Board, the original document (or duly certified copy) certifying the authority of the representative shall be submitted to the Secretariat.

Persons invited to the meetings of the Appeal Board have the right to put forward proposals and express their attitude to the relevant issues.

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

Video recording of the meetings of the Appeal Board and the discussion of complaints included in the agenda are carried out and kept for at least one year.

AIf 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 delegated to one of deputy ministers by the Minister.

Requirements for minutes of meetings and decisions adopted by the Appeal Board

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.

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

Date and venue of the meeting;

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

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

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

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

Supporting evidence, conclusions, references to relevant legal acts in connection with the complaints received by the Appeal Board;

The decision adopted by the Appeal Board.

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

The complaint is satisfied;

The complaint is partially satisfied;

The complaint is not satisfied;

New decision is adopted on the merits of the complaint.

The decision of the Appeal Board should be substantiated and reflect all aspects of the case. A decision signed by the Chairman of the Appeal Board consists of an introduction, description, reasoning and conclusion, and these parts include following information:

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;

In the descriptive part – justification of the complaining person, 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;

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

In the concluding part – the decision adopted by the Appeal Board, guidelines for the implementation of the decision and the procedure for lodging a complaint against the decision.

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

In case of the appeal received by the Appeal Board for proceedings related to the powers of another body, the Appeal Board sends the complaint and attached documents to the competent authority no later than within three business days from the date of recipt of the complaint and provides the complainant with sound information in writing.