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2007 Assessment

Azerbaijan: Integrity Indicators Scorecard

Azerbaijan: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
23	In law, can citizens sue the government for infringement of their civil rights?	100
24	Can the chief executive be held accountable for his/her actions?	44
25	Is the executive leadership subject to criminal proceedings?	100
26	Are there regulations governing conflicts of interest by the executive branch?	38
27	Can citizens access the asset disclosure records of the heads of state and government?	0
28	In practice, official government functions are kept separate and distinct from the functions of the ruling political party.	0

Indicator and sub-Indicator Details

In law, can citizens sue the government for infringement of their civil rights?

23: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments: According to the Constitution of Azerbaijan Republic (article 60), citizens can sue the government for infringement of their civil rights.

References: Reference: The Constitution of Azerbaijan Republic.

Can the chief executive be held accountable for his/her actions?

24a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments: There are very few cases in which the chief executive gives reasons for his policy decisions in Azerbaijan.

References: Reference: "Azadliq" newspaper articles (2007) www.azadliq.az

Peer Review Comments: Chief executives always give reasons for their policy decisions and they almost always substantiate in writing. Most decisions are part of policy: reports and downloadable files on the Web site of the agency. However, they rarely take critical questions from journalists or opposition parties.

24b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments: According to the Constitution of Azerbaijan Republic (article number 7), the judiciary can review the actions of the executive, and everybody is equal under judiciary rules, and no discrimination can be applied among citizens.

References: Reference: The Constitution of Azerbaijan Republic.

24c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments: Without permission of the president, the judiciary can not review the actions of the executive.

References: Reference: "Azadliq" newspaper articles www.azadliq.az

Peer Review Comments: Actually, there are cases when the Constitutional Court or lower court reviewed the actions of the executive.

24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments: The chief executive often limits the use of executive orders for establishing new regulations, policies, or government practices.

References: Reference: Institute for Peace and Democracy, Institute Reports (2006).

Peer Review Comments: The chief executive limits the use of executive orders for establishing new regulations, policies, or government practices only for when quick reaction is needed, and if there is no requirement for legislative approval.

Is the executive leadership subject to criminal proceedings?

25a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments: According to the Constitution of Azerbaijan Republic (article 107), if the president is involved in criminal activities he/she can be prosecuted for crimes they commit. In order to do it, with initiative of the Constitutional Court, the Supreme Court can request to the parliament within 30 days. At least 95 of 125 parliamentary members' votes are needed to approve the Supreme Court's request to commit the president. After that, the Constitutional Court has to approve parliament's decision to arrest the president and remove him/her from office. The Constitutional Court has one week to approve the parliament's decision. If the court does not approve the decision, then the president can not be prosecuted for the crime committed.

Meanwhile, according to the Constitution of Azerbaijan Republic (article number 123), if the prime minister is involved in criminal actives, he/she can be arrested after the president's improvement.

References: Reference: The Constitution of Azerbaijan Republic.

25b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments: According to the Constitution of Azerbaijan Republic (article 107), ministerial-level officials can be prosecuted for crimes they commit. In order to do so, the procurator general must request to and the apporval of the president.

References: Reference: The Constitution of Azerbaijan Republic.

Are there regulations governing conflicts of interest by the executive branch?

26a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments: According to the Law on Anti-Corruption, approved May 3, 2005 (articles 3 and 5), and the Law on Reporting of Financial Data by Senior Figures, approved June 24, 2005 (article 3 and 5), the president and primer minister are required to file a regular asset disclosure forms.

References: Reference: The Legislation of Azerbaijan Republic.

Peer Review Comments: According to the cited law, the Commission on Combating of Corruption under the State Council on Management of Civil Services supervises the submission of financial information.

In addition, the law on Approval of Procedures for Submission of Financial Information by Public Officials has not been enforced. The disclosure form has not yet been approved by the government.

26b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments: According to the Anti-Corruption Law approved May 3, 2005 (articles 3 and 5), and the Law on Reporting of Financial Data by Senior Figures approved June 24, 2005 (article 3 and 5), the ministers are required to file a regular asset disclosure forms.

References: Reference: The Legislation of Azerbaijan Republic.

26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments: There are regulations for gifts and hospitality offered to members of the executive branch in Azerbaijan. According to the Anti-Corruption Law of Azerbaijan Republic, the value of gifts can not exceed US$65. If the value of the gift is more than that, the executive branch member can not accept it, otherwise it can be characterized as a bribe.

References: Reference: The Anti-Corruption Law of Azerbaijan Republic.

Peer Review Comments: The value of the gift must not exceed 50 conventional financial units, i.e. 55 manats (US$65).

26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments: Legislation does not require independent auditing of the executive branch asset disclosure forms.

References: Reference: Interview with Rovshen Agayev, independent expert (August 2007).

26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments: Under law, there are no restrictions on heads of state, government officials and ministers entering the private sector after leaving the government.

References: Reference: The Legislation of Azerbaijan Republic.

Peer Review Comments: The draft laws on conflict of interest and code of ethics may contain restrictions on this matter.

26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: Since there are no such restrictions, efficiency can not be evaluated.

References: Reference: Interview with Rovshen Agayev, independent expert (August 2007).

Peer Review Comments: There are some restrictions on former state employees, particularly on law-enforcement officials for certain periods.

26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments: There are no control mechanisms to regulating gifts and hospitality offered to members of the executive branch, and therefore it is not effective.

References: Reference: Interview with Gubad Ibadoglu, chairman of the Economic Research Center www.erc-az.org

26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments: There is no legal requirement for the auditing of executive branch asset disclosures in Azerbaijan.

References: Reference: Interview with Dr. Azer Mehtiyev, independent researcher (August 2007).

Peer Review Comments: The asset disclosure records of the executive are not audited but they exist.

Can citizens access the asset disclosure records of the heads of state and government?

27a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments: Citizens can not access the asset disclosure records of the heads of state and government.

References: Reference: Law on Reporting of Financial Data by Senior Figures of Azerbaijan Republic.

Peer Review Comments: The law on Approval of Procedures for Submission of Financial Information by Public Officials, which requires annual reporting to the State Anti-Corruption Committee, is not enforced yet. Nevertheless, the law does not require that the head of state publicly disclose information about his/her financial status.

The Election Code requires presidential candidates to disclose assets to the Central Election Commission in a package with a formal application for the registration as a candidate.

27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments: Citizens can not access the asset disclosure records of the heads of state and government.

References: Reference: Interview with Rovshen Agayev, independent expert (August 2007).

Peer Review Comments: There is no such practice.

27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments: Citizens can not have access the asset disclosure records of the heads of state and government at all. Therefore, cost can not be subject to the research.

References: Reference: Interview with Rovshen Agayev, independent expert (August 2007).

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments: In Azerbaijan, almost all members of the government are members of the ruling party. Therefore, in practice, official government functions are not kept separate and distinct from the functions of the ruling political party.

References: Reference: Interview with Rovshen Agayev, independent expert (August 2007).