The formation of a strategic course in the field of fighting against corruption of the Republic of Azerbaijan
In the field of national legislation: The basis of the strategic course of the Azerbaijan Republic in fighting corruption has been defined by the decree of the President of the Azerbaijan Republic on “Strengthening the fight against criminality and measures on strengthening of the rule of law,” dated August 9, 1994. With the adoption of the Decree was established a national policy on the fighting against corruption and as a logical sequence, systematic progressive measures were taken.
First of all, within the framework of the fight against corruption were taken decisions aimed at eliminating bureaucratic obstacles and inspections, which prevents the development of entrepreneurship and other appropriate measures have been implemented.
Thus, the decrees of the President of Azerbaijan Republic: “On regulation of the public control on the production, service and financial-credit activity and prohibition of unreasonable examinations“ of June 17, 1996; and “On the improvement of State control system and elimination of artificial obstacles to development of entrepreneur activity” of January 7, 1999; have been approved by the decree on “The State Assistance Program to Small and Medium Businesses in Azerbaijan (1997-2000)
In order to eliminate barriers for development of entrepreneurship since 2000 preventive measures for any interference to their activities have been raised to an entirely new level With the decree of the President of the Azerbaijan Republic on “Strengthening the fighting of corruption in Azerbaijan Republic,” dated June 8, 2000 has initiated new phase for our country rapidly integrated to Europe in the field of fight against corruption, and as a result of this strategy started reforms on the economic, social security, financial and banking systems, court system, law enforcement and other fields and also the legislative basis has been improved. New laws on privatization, banks, public service, local self-governing, public procurement; new codes on customs, tax, criminal, criminal procedure, civil, civil procedure, administrative offenses, labor; the “State Program II on Privatization of the State Property in Azerbaijan Republic;” the “State Program on Reducing Poverty and Economic Development” and other regulatory acts have been adopted.
Besides, in order to provide continuous fight against corruption and identify the specific duties of the responsible agencies there has been approved State Program on Fighting Corruption (2004-2006) and confirmed the action plan for the implementation of the National Strategy on Increasing Transparency and Combating Corruption for 2007-2011.
According to the political will of the President of the Azerbaijan Republic, approved by the decree on “National Strategy on Increasing Transparency and Combating Corruption” dated July 28, 2007 and its action plan created a favorable legal framework for the implementation of preventive measures in order to eliminate corruption and it has also combined the efforts of state agencies and the public.
The conceptual nature of a strategy for the fight against corruption and as a logical consequence of the pursued policy, the National Strategy, as well as attached action plan mainly based on the experience of the leading world countries and also on economic, social and other processes in our country.
Approving of President’s Order No. 1938 dated December 27, 2011, on “The National Activity Program”, with the aim of raising effectiveness of protection of human rights and freedoms, promoting legal culture and ensuring sustainability of activities to improve the regulatory and legal framework and the human rights protection system, is a very important event.
In the 3.2 paragraph of the above-mentioned Program’s 3rd chapter intended building up capacity, development of national instruments to combat corruption and continuation of institutional reform in this field and in the 3.3 paragraph of the same Program’s 3rd chapter considered preparation of an action plan for subsequent years to ensure transparency in the activities of government agencies and combating corruption area
For this purpose, it has been created the website “www.rusum.az” with the aim to obtain information on tariffs and on applicable duties imposed by the state agencies over the past few years and the website “www.etika.az”, with the aim to support regulation of relations of the state agencies representatives and citizens within ethical conduct
Azerbaijan Republic acceded to all international initiatives on promoting the proper management system. With the aim to increase transparency and to improve promotion of open government, as well as exchange of international experience in this field and to contribute to international efforts, in 2011, the country has joined the Open Government Partnership.
National Action Plan for Promotion of Open Government in 2012-2015” approved by the Order of the President of the Republic of Azerbaijan dated September 5, 2012.
This Action Plan was approved in order to ensure the sustainability of activities carried out under “National Strategy for Increase of Transparency and Combating Corruption” approved by the Order of the President of the Republic of Azerbaijan No.2292 dated 28 July 2007, improve this regulatory and legislative framework and institutional mechanisms in this area, adapt activity of the state and local governments to the open government principles, increase transparency and enhance public participation in the decision-making process, ensure implementation of international commitments of the Republic of Azerbaijan in this field. Currently implementation of this plan is finalized.
Recently, in order to ensure One Stop Shop principle application in rendering E-services and to provide freedom of information and making information available to the public by the authorities in a proactive form, it has been launched www.e-gov.az portal “National Anti-Corruption Action Plan in 2012-2015” approved by the Order of the President of the Republic of Azerbaijan dated September 5, 2012
The main objective of the National Action Plan is implementation of more systematic, large-scale and effective measures on the field of combating corruption and protection of human, civil rights, as well as freedoms, also focus on social welfare of population.
Within implementation of the article 5.1 of the National Action Plan on fight against corruption for 2012-2015, by the Presidential Decree N 291 subparagraph 3.5 with following content “the Anticorruption Directorate with the Prosecutor General of the Republic of Azerbaijan uses registries in real-time mode ” were added to “the Rules on registries of real estate, their development and maintenance” approved by Presidential Decree dated April 11, 2007 N564.
By the Presidential Decree dated October 17, 2014 N 292 subparagraph 12-1 with the following content “ The Anticorruption Directorate with the Prosecutor General uses registries in real time mode” was added to “the Statute of united information system of the State Migration Service” approved by the Presidential Decree dated June 4, 2010 N 276.
On 30 September 2013 Azerbaijani President attended opening of new building of Anti-Corruption Department under Prosecutor General, which has been built in the national architectural style, in line with modern standards and in accordance with the state program on "Modernizing the activities of the Prosecutor's Office of the Republic of Azerbaijan" the President of Azerbaijan met with the staff and gave his instructions and recommendations.
With the Decree of the President of the Republic of Azerbaijan No.685 dated 13 July 2012 was established “ASAN service” center under the State Agency for Public Service and Social Innovations under the President of the Republic of Azerbaijan, its primary aim to increase transparency and strengthen the fight against corruption
Over the past two years, more than 7 million people have benefited from the "ASAN" service centers, in 2015 together with “ASAN service” No5 in Baku and in Barda, the number of service centers subordinated to the State Agency centers has reached 9(nine).
With the President’s Decree No 650 “On reduction of the number of activities requiring a license, simplification of special permission (license) issuance and ensuring transparency” dated 19 October, issuing licenses to businesses for commencement of the licensed activities (except for the business activities of national security) in the State Agency service areas has been amended to the “ASAN service” centers. The number of services in ASAN has reached 112 (one hundred and twelve)
In the field of international cooperation: The Republic of Azerbaijan combated corruption not only in a local level it has also adopted a number of reputable international organizations, as The Council of Europe Group of States against Corruption (GRECO), the Organization for Economic Cooperation and Development (OECD) and the International Anti-Corruption Academy (IACA) ratified the relevant international conventions.
In order to bring national legislation into conformity with international standards Criminal Law Convention on Corruption and Civil Law Convention on Corruption of the Council of Europe entered into force on the territory of the Republic of Azerbaijan on June 1, 2004 and November 1, 2005 correspondingly.
GRECO and the OECD's Anti-Corruption Network for Eastern Europe and Central Asia, and many other international organizations on their reports has positively assessed the carried out measures on the field of combating corruption in Azerbaijan Republic
The fight against corruption in Azerbaijan carries out by The Anti-Corruption Commission and by the specialized prosecution authority, Anti-Corruption Department under General Prosecutor's Office Anti-Corruption Department under General Prosecutor's Office of the Republic of Azerbaijan was created by the decree No. 114 of the President of the Republic of Azerbaijan dated March 3, 2004
Moreover, domestic procedures regarding recall of the reservations made by the Republic of Azerbaijan to Articles 5(Bribery of foreign public officials), 6 (Bribery of members of foreign public assemblies), 10 (Bribery of members of international parliamentary assemblies) and 12 (Trading in influence) of the Criminal Law Convention on Corruption of the CoE and declaration on incompliance with the provisions of the Convention in territories occupied by the Republic of Armenia were performed by the Directorate.
By the Order of the President of the Republic of Azerbaijan, the Prosecutor General was delegated with authority to sign the Additional Protocol in behalf of the Republic of Azerbaijan, making the relevant declaration. The protocol was signed on October 8, 2012.
Internal procedures on recalling of the reservations to the Convention declared by Republic of Azerbaijan was approved by the law of the Republic of Azerbaijan dated October 1, 2012.
In order to improvement of the activities of the Directorate the proposals to the draft law on acceding to Additional Protocol of the Criminal Law Convention on Corruption were prepared and the law was adopted by Milli Majlis on February 1, 2013.
As result of voting held on 15th Annual Professional Conference and General Assembly of the European Partners against Corruption (EPAC) in 2015, General Prosecutor’s Office of the Republic of Azerbaijan, including the Anticorruption directorate became member of this organization.