Consideration of individual or collective proposals, applications and complaints received by the Prosecution Office of the Republic of Azerbaijan by mail, telegraph, fax or e-mail, as well as in the form of other received applications (including during direct television and radio programs with the participation of a representative of the Prosecutor's Office, as well as by phone) or from the media, as well as oral or written requests during a personal reception, as well as the reception of citizens in the prosecutor's office is carried out in accordance with the requirements of the relevant legislation and the "Organizational rules" approved at a meeting of the board of the Prosecution General Office of July 30, 2020.
Directors of structural divisions of the Prosecutor General's Office of the Republic of Azerbaijan, Director of the Anti-Corruption General Directorate with the Prosecutor General of the Republic of Azerbaijan, Military Prosecutor of the Republic of Azerbaijan, Prosecutor of the Nakhchivan Autonomous Republic, Military Prosecutor of Nakhchivan Autonomous Republic, Prosecutor of Baku City, Prosecutors of all district (city) and territorial military prosecutors should take all necessary measures to ensure the implementation of the right of citizens of the Republic of Azerbaijan to apply to state bodies personally or through a representative in writing or orally, individually or collectively, as enshrined in Article 57 of the Constitution of the Republic of Azerbaijan, the Law of the Republic of Azerbaijan "On Citizens' Appeals" and others legislative acts.
Refusal to accept an appeal filed in accordance with the requirements of the Law of the Republic of Azerbaijan "On Citizens' Appeals" is prohibited.
It is not allowed to send an appeal for consideration to the authorities or officials whose illegal actions (inaction) are appealed.
If, due to this prohibition, it is impossible to send an appeal for compliance, the author of the appeal is explained his right to appeal to the court in accordance with the law.
234.5. In the prosecutor's office, the heads of structural divisions and subordinate district (city) and territorial military prosecutors are personally responsible for the correct organization of the consideration of applications and the reception of citizens.
236.3. Complaints that do not fall within the competence of the prosecution office are sent to the relevant authorities no later than 3 working days with the notification of their authors. If necessary, the authors of such appeals should be provided with written replies explaining the requirements of the relevant legislation and the procedure for submitting an appeal (oral explanations at a personal reception).
236.4. Based on the results of the consideration of the appeal and the decisions taken on it within the time limits established by law, the authors of the appeal are given a detailed answer, and if the appeal is not considered, partially satisfied or rejected, the relevant provisions of the law are explained. The submission of appeals that do not fall within the competence of the Prosecutor's Office and giving explanatory answers to their authors is carried out by the Department for the Organization of Work with Documents and Applications of the Prosecutor General's Office, the Department of Organizational and Information Support of the Anti-Corruption General Directorate with the Prosecutor General, and the Departments for the Organization of Work with Documents and Applications of the Military Prosecution Office of the AR, the Prosecution Office of the Nakhchivan Autonomous Republic and the district prosecution offices of Baku city. The replies sent to the authors of the appeals must be signed by the heads of the indicated structural divisions or their deputies. The response to such appeals received by the Military Prosecution Office of the Nakhchivan Autonomous Republic is provided by his respective assistant in the manner established by the head of the structure. The corresponding prosecutors or their deputies must respond to such appeals received by the district (city) and territorial military prosecutor's offices.
236.5. If the questions specified in the appeal refer to information constituting a state secret, or other information protected by law in accordance with the Law of the Republic of Azerbaijan "On State Secrets", the applicant is informed that it is impossible to answer the complaint on the merits.
236.9. The provision of preliminary answers based on the results of consideration of appeals and decisions made in the Prosecutor General's Office, the Military Prosecution Office of the Republic of Azerbaijan, the Prosecution Office of the Nakhchivan Autonomous Republic, the Military Prosecution Office of the NAR and the Baku City Prosecution Office is carried out by the deputy directors of the relevant departments (divisions) (in the absence of such a staff unit in the department or divisions – by directors of departments (divisions)). The consideration of complaints against their decisions and answers based on their results are carried out by the directors of departments (divisions), and the consideration of complaints against decisions of the directors of departments (divisions) and giving answers based on their results is carried out by the deputies of the relevant prosecutors. Complaints against decisions of deputy prosecutors on the received appeals are considered by the respective prosecutors, and a response is sent to the applicants. Complaints against decisions made by the prosecutor of the Nakhchivan Autonomous Republic, the military prosecutor of the Nakhchivan Autonomous Republic and the prosecutor of Baku city are considered by the respective deputy prosecutors general, and replies are sent to the applicants signed by them.
236.10. The provision of preliminary answers based on the results of consideration of appeals and decisions made in the Anti-Corruption General Directorate with the Prosecutor General is carried out by the deputy directors of the relevant departments (divisions) (in the absence of such a staff unit in the department or division, the directors of departments (divisions)). The consideration of complaints about their decisions and responses based on their results are carried out by the directors of departments (divisions), and the consideration of complaints against decisions of the directors of departments (divisions) and responses based on their results are carried out by the deputy directors of the General Directorate. Consideration of complaints against their decisions and responses based on their results is carried out by the director of the General Directorate, who is the Deputy Prosecutor General.
236.11. Complaints against decisions made on the basis of appeals by the Deputy Prosecutors General, directors of departments of the Prosecutor General's Office directly subordinate to the Prosecutor General, and assistants to the Prosecutor General are considered by the Prosecutor General, the response to the authors of the appeal is sent under his signature. The final decision on the application is made by the Prosecutor General.
236.12. Relevant prosecutors and their deputies inform the authors of the appeals about the decisions taken on the appeals received by the district (city) and territorial military prosecution offices. Complaints against decisions of deputy prosecutors are considered by the respective prosecutors, and complaints against decisions of district (city) and territorial military prosecutors - by the respective higher prosecutors.
242.1. The admission of citizens to the prosecution office is carried out according to established schedules. If in connection with a citizen's appeal it is necessary to take urgent measures, the relevant officials of the prosecution office are obliged to take them immediately. As a rule, the Prosecutor General receives citizens at least once a month, and the Deputy Prosecutor General at least twice a month. Citizens must be received personally by the prosecutor of the Nakhchivan Autonomous Republic, the military prosecutor of the Nakhchivan Autonomous Republic and the prosecutor of Baku city at least once a week, and by the district (city) and territorial military prosecutors at least twice a week.
242.4. Prosecutors of districts (cities) receive citizens at their place of residence, and territorial military prosecutors receive servicemen in military units at least once a month in accordance with established schedules. In order to increase the efficiency of the reception of citizens in the district (city) and territorial military prosecution offices, it is necessary to determine the appropriate assistant prosecutor responsible for organizing this work, when dividing responsibilities between the prosecutors.
242.9. Employees of the Department of the Prosecutor General's Office and the Departments of the Military Prosecution Office, the Prosecution Office of the Nakhchivan Autonomous Republic and the Baku City Prosecution Office for the Organization of Work with Documents and Applications and the corresponding assistant to the military prosecutor of the Nakhchivan Autonomous Republic by receiving the authors of initial appeals, the decision of which falls within the competence of the Prosecution Office, as well as all appeals, not related to the powers of the prosecution office must provide the necessary information and explanations, ensure the placement of information about the accepted (clarified) citizens in special electronic databases during the next working day by entering it into the relevant registration books, ensure proper registration and direction of received applications.
242.10. When a citizen re-appeals to the prosecution office (as indicated in paragraph 242.9 of these Rules) or if the applicant's complaint was not previously considered and was not satisfied by the lower prosecution office, and also despite the fact that the application is primary, it will be established that this is associated with grave and especially grave crimes, decisions and actions (inaction) of officials violating human and civil rights and freedoms, corruption crimes, torture or other inhuman treatment, actions of prosecutors or employees of other law enforcement agencies, as well as other important issues, citizens should be received by prosecutors of the relevant departments (divisions). Citizens who are dissatisfied with the decisions made on their complaints after their adoption by the prosecutors of departments (divisions) should be accepted by the deputy directors of the relevant departments (divisions) (in the absence of such a staff unit in the department or division, by the directors of departments (divisions)), and persons who have appealed the decisions adopted subsequently, are accepted by the directors of departments (divisions). Applicants whose applications are important should be accepted directly by the directors of departments (divisions) or their deputies.
242.11. In the Anti-Corruption General Directorate with the Prosecutor General, in connection with initial applications, citizens are received by the prosecutors of the respective departments (divisions) of the General Directorate. Citizens who are dissatisfied with the decisions made on their appeals after the reception by the prosecutors of departments (divisions) should be received by the deputy directors of these departments (divisions) (in the absence of such a staff unit in the department or division, by the directors of departments (divisions)). Citizens who are dissatisfied with decisions taken at their requests after being received by deputy directors of departments (divisions) are made by the directors of departments (divisions), and citizens who are dissatisfied with decisions taken at their requests, after receiving by directors of departments (divisions), should be made by the head of the General Directorate, who is Deputy Prosecutor General. Applicants whose complaints are of great importance should be accepted directly by the administration of the Anti-Corruption General Directorate with the Prosecutor General.
242.12. The registration of citizens who applied for registration for reception by the Prosecutor General, which will be held in the administrative building of the Prosecutor General's Office, is carried out by the Reception Division of the Department for the Organization of Work with Documents and Applications. The Department provides the necessary information about the previous applications of citizens, including their number, nature, whether it is under control, decisions on appeals, responses, and ensures collection of information on which officials of the prosecution office previously accepted the authors of appeals, on the status of their admission in subordinate prosecutors. For this purpose, control materials, certificates and other documents are requested and studied from the structural subdivisions of the Prosecutor General's Office and subordinate prosecution offices. After that, the employees of the Reception Division inform the citizens who have made an appointment about the time of reception by the Prosecutor General, ensure the timely reception of citizens who have arrived for the reception by the Prosecutor General in the administrative building of the Prosecutor General's Office. Applications submitted by citizens during the reception are monitored on the basis of the relevant decisions of the Prosecutor General. The Department for the Organization of Work with Documents and Applications ensures that these applications are submitted to the appropriate structural divisions for the immediate execution of orders from the Prosecutor General.