Global Integrity Report

Azerbaijan Home

Facts

Timeline

Notebook

Integrity Scorecard

2007 Assessment

Azerbaijan: Integrity Indicators Scorecard

Azerbaijan: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	58
30	Are there regulations governing conflicts of interest by members of the national legislature?	29
31	Can citizens access the asset disclosure records of members of the national legislature?	0
32	Can citizens access legislative processes and documents?	100

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: Yes, but only the Constitutional Court can review laws passed by the legislature. According to the Constitution of Azerbaijan Republic (article number 130), the Constitutional Court checks laws passed by the legislation whether they oppose the constitution or not. If there is contradiction between the laws passed by the legislation and the constitution, then the court has the right to review the law.

References: Reference: The Constitution of Azerbaijan Republic.

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: For example, the Constitution Court reviewed the tax code passed by the parliament in 2002, and the court made some amendments to the code.

References: Reference: Reports from Ministry of Taxes www.tax.gov.az

Peer Review Comments: Such exceptions occur rarely.

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: According to the Constitution of Azerbaijan Republic (article 90), members of the national legislature can be subject to criminal proceedings. The parliament, however, must first make a decision to lift immunity.

References: Reference: The Constitution of Azerbaijan Republic.

Peer Review Comments: Article 90 of the constitution says: "The deputy during the term of office shall have personal immunity. With the exception of cases when he has been caught red-handed, the deputy at the term of office cannot be brought to court, detained, administrative measures of punishment cannot be applied to the him/her, he/she cannot be arrested or punished in some other way, he cannot be searched, examined. The deputy can be detained if caught red-handed. In this case the body which has detained the deputy must inform the General Prosecutor of the Azerbaijan Republic about it. The deputy immunity can be stopped only by the decision of the Milli Mejlis of the Azerbaijan Republic on the basis of the General Prosecutor's representations."

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments: There are serious problem in this sphere. According to the Law on Reporting of Financial Data by Senior Figures (article 3.1.), public figures are required to file an asset disclosure form to the Commission on Fighting with Corruption, which is under State Management Council. This law also indicates (article 3.3.) that parliamentary members are required to file an asset disclosure form to a special state body determined by the parliament. However, this body has not been approved yet. Therefore, there is gap in the law and parliamentary members who do not file an asset disclosure form.

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

Peer Review Comments: The Law on Reporting Financial Data by Senior Figures, Art. 3.2, stipulates that members of the national legislature are required to file an asset disclosure form to a special state body determined by the Parliament.

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: Under law, there are no restrictions on parliamentary members entering the private sector after leaving the government.

References: Reference: The Azerbaijan Legisaltion including Constitution.

Peer Review Comments: There is no such law in Azerbaijan.

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: There are regulations governing gifts and hospitality offered to members of the parliament 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 gifts is more than that, then the parliamentary 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: Article 8 of the Law says that gifts must not exceed 55 convential financial units, i.e. 55 manats (US$65).

Peer Review Comments: In general, the law on the status of MPs also regulates their responsibilities and ethical behavior.

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments: No auditing is needed.

References: Reference: The Legislation of Azerbaijan Republic.

Peer Review Comments: According to the law on Anti-Corruption, MPs must submit their asset disclosure forms to the authority identified by the parliament. There is no independent auditing.

30e: In practice, the regulations restricting post-government private sector employment for national legislators 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).

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: There are no any control mechanisms to regulate gifts and hospitality offered to members of parliament, and therefore it is not effective.

References: Reference: Interview with Mehemmed Talibli, chairman of the Economic Innovations Center (July 2007). Reports by different newspapers, including 'Gundelik Azerbaijan," Azadlig, etc.

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: No auditing is needed.

References: Reference: Interview with Arzu Semedbeyli, parliamentary member in Azerbaijan (August 2007).

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments: According to the Law on Reporting of Financial Data by Senior Figures, approved June 24, 2005 (article 9), their declarations are personal information and can not be submitted to another person.

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

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: Citizens can not access the asset disclosure records of parliamentary members. Therefore, time can not be subject to the research.

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

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments: Citizens can not access the asset disclosure records of parliamentary members. Therefore, cost can not be subject to the research.

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

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments: The Law on Information Access (article number 29) indicates a list of information that can be disclosed and methods of doing it (article 30). According to the same law (article 29.1.11.), citizens can access records of legislative processes and documents as soon as those processes and documents are passed by parliament.

References: Reference: Law on Information Access of Azerbaijan Republic.

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: There are no problem for citizens having access to records of legislative processes and documents within a reasonable time period since the Daily Azerbaijan newspaper publishes all legislative processes and documents, and they are also posted online at www.meclis.gov.az.

References: Reference: "Expert Journal's" reports. www.ekspert.az Interview with Galib Togrul, coordinator of Media Campaign on Transparency in Azerbaijan (August 2007).

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: There are no problems for citizens having access to records of legislative processes and documents at a reasonable cost since the Daily Azerbaijan newspaper publishes all legislative processes and documents, and they are also posted online at www.meclis.gov.az.

References: Reference: "Expert Journal's" reports. www.ekspert.az Interview with Galib Togrul, coordinator of Media Campaign on Transparency in Azerbaijan (August 2007).

Peer Review Comments: There is no cost for it.

Peer Review Comments: Access to the records, when available, is free of charge.