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2007 Assessment

Azerbaijan: Integrity Indicators Scorecard

Azerbaijan: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	100
42	Is the law governing the administration and civil service effective?	42
43	Are there regulations addressing conflicts of interest for civil servants?	33
44	Can citizens access the asset disclosure records of senior civil servants?	0

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments: There are regulations in the Law on Civil Service approved by 2000 and The Law on Combating Corruption approved by 2004. Both laws focus on relations between the state and civil servants.

References: Reference: The Law on Civil Service of Azerbaijan Republic.

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments: The Anti-Corruption Law (article number 7.1) indicates that the next of kin of an official may not hold any office under his or her direct subordination, except for the elective offices and other cases provided for in the legislation. Those in violation of the law wil be transferred within 30 days of finding of that violation.

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

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments: Civil servants can appeal in an administrative way based on the requirements of the civil procedural code.

References: Reference: Civil Procedure Code of Azerbaijan Republic.

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments: According the Law on Civil Service (article 27), a person shall be ineligible for civil service in the following cases: if there is a court decision that he/she has no legal capabilities or has limited legal capabilities; if the court has deprived him/her of the right to hold a civil position for a certain period of time.

References: Reference: The Law on Civil Service of Azerbaija Republic.

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments: In practice, civil servants are not protected from political interference. Civil servants, particularly senior officials, have direct or indirect relations with the ruling party.

References: Reference: Interview with Rovshen Agayev, independent expert. BBC Reports on Azerbaijan Election in 2005. "Azadlg" newspaper reports. www.azadliq.az

Peer Review Comments: Civil servants are not protected from political interference, but this is not obvious. Senior officials are closely related to the administration within a party, but professionalism is obvious. People in the middle and lower management are mostly appointed based on personal and professional characteristics and recommendations.

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments: Civil servants are usually appointed based on a personal relationship, regional factors, political relations, etc. Some ministries, however, use an exam system to select civil servants, but positions offered by exam are not high ranking.

References: Reference: Reports by HR Defence Organizations in Azerbaijan. "Musavat" newspaper. Interview with Xalig Bahadir, leading researcher.

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments: Nepotism and patronage are the main problems in civil-service management.

References: Reference: Interview with Mehemmed Talibli, chairman of the Economic Inovations Center. Reports by "Azadliq" newspaper.

42d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable means to map positions to both human capital requirements (including the position\'s authority and responsibilities) and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments: Unlike the business sector, civil servants do not have clear job descriptions.

References: Reference: Interview with civil servants in the Ministry of Economic Development. Reports by Economic Research Center (ERC).

42e: In practice, civil servant bonuses constitute only a small faction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments: In practice, civil servant bonuses constitute only a small faction of their total pay.

References: Reference: Interview with Rovshen Agayev, independent expert (August 2007). Reports of "Gundelik Azerbaijan" newspaper.

Peer Review Comments: They are still the main source of income in some agencies, such as the Customs Committee, the Ministry of Taxes, etc.

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments: The government has never published civil servants' positions along with the number of positions actually filled.

References: Reference: Reports by National Ombudsman of Azerbaijan. Reports by CESD. www.cesd.az Reports by the Institute for Democracy and Peace.

Peer Review Comments: Agencies publish those lists but not on permanent basis. Among those who make such lists are the Ministry of Taxes, the Ministry of Labor and Social Protection of Population, etc.

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments: In practice, if a senior official or minister is dismissed from their position, usually they do not seek redress in the courts, because this can create further problems for them or even for their family.

References: Reference: Interview with Xalig Bahadur, leading expert. Reports by "Musavat." www.musavat.com

Peer Review Comments: We can't say whether this is effective. Thre is no such practice.

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments: The government agencies usually pay civil servants on time.

References: Reference: Reports by the Ministry of Finance. www.finance-az.gov Reports by the Parliament. www.parliament.az Reports by CESD. www.cesd.az

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments: Connections with the ruling party are more important than convicting corruption. There are a very limited number of cases that civil servants have been convicted of corruption.

References: Reference: Interview wtih Rovshen Agayev, leading expert. Reports by "Transparency Azerbaijan."

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments: The Anti-Corruption Law and civil servants regulates those requirements.

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

43b: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

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

Comments: There are no restrictions on civil servants entering the private sector after leaving the government.

References: Reference: The Legislation of Azerbaijan Republic.

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments: Under the Anti-Corruption Law (article number 8), gifts may be received by an official in connection with performing his or her official duties if the value is no more than US$65. If the value is more than that, then the civil servant can not accept it, otherwise it can be characterized as a bribe.

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

Peer Review Comments: Article 8 of the Law says that gifts must not exceed 55 convential financial units, which makes 55 manats (US$65).

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments: There are no any cases to evaluate effectiveness.

References: Reference: The Legislation of Azerbaijan, including Anti-Corruption Law. Interview with Xalig Bahadur, leading expert.

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments: There is no control mechanism.

References: Reference: Interview with state officials. Interview with NGO activits. Reports by "Azadlig." www.azadliq.az

Peer Review Comments: In addition, civil servants simply do not report gifts or hospitality they were offered.

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments: Most civil servants usually ignore recusal requirements and take part in policy decisions where their personal interests are affected.

References: Reference: Interview with Rovshen Haciyev, an independent expert (August 2007). Reports by media, including "Baki Xeber."

Can citizens access the asset disclosure records of senior civil servants?

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments: There are no requirements.

References: Reference: The Legislation of Azerbaijan Republic.

Peer Review Comments: The law has not yet been implemented.

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments: It is very hard to get such information.

References: Reference: Interview with Rovshen Agayev, deputy chairman of the Center for Economic Initatives (August 2007). Reports by "Expert." www.ekspert.az

Peer Review Comments: The question is not applicable.

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments: It is very difficult or almost impossible to have access to such records.

References: Reference: Interview with Rovshen Agayev, deputy chairman of the Center for Economic Initiatives (August 2007). Reports by "Expert." www.ekspert.az

Peer Review Comments: The question is not applicable.