Code of Ethical Conduct for Employees of the Prosecution Authorities of the Republic of Azerbaijan adopted

At a qualitatively new stage of socio-economic development of our country, at a time when achievements are being made in all spheres of life, fundamental reforms are being carried out, the fight against all negative factors hindering socio-economic development, crime and corruption, one of its organized manifestations, has been raised to a completely new level.

Part of the work done was related to the activities of the prosecutor's office. Thus, the Prosecutor General's Office of the Republic of Azerbaijan was directly involved in the implementation of measures envisaged by the “State Program on Combating Corruption (2004–2006)” approved by the decrees of the President of the Republic of Azerbaijan dated September 3, 2004 and July 28, 2007, defining the main priorities of state policy in the field of combating corruption, and embodying the will of our country in this area, as well as by the "National Strategy for Increasing Transparency and Combating Corruption".

According to paragraph 3.8 of the measures under the State Program, the Prosecutor General's Office along with a number of state and law enforcement agencies, has been entrusted with the preparation of codes of ethical conduct for law enforcement officers, and implementation of measures to establish liability for violation of codes of ethical conduct.

At the same time, in paragraph 19 of the Action Plan for the Implementation of the National Strategy for Increasing Transparency and Combating Corruption (2007-2011), along with central and local executive authorities, the Judicial Council and municipalities, the Prosecutor General's Office was also included in the list of bodies responsible for the implementation of measures related to improving the rules of ethical conduct of civil servants and officials.

The political will of our state in the fight against corruption as part of the measures taken to combat corruption in government and law enforcement agencies has been related to the development or improvement of codes of ethical conduct for civil servants, bringing codes of ethical conduct in line with the recommendations of existing international organizations in this area, and to the definition of liability for violations of codes of ethical conduct.

In order to establish rules and principles of ethical conduct for civil servants and legal mechanisms for their observance, the Law of the Republic of Azerbaijan “On Rules of Ethical Conduct for Civil Servants” dated May 31, 2007 was adopted.

At the same time, by the joint decision of the Judicial Legal Council and the Plenum of the Supreme Court of the Republic of Azerbaijan dated December 12, 2002, the "Code of Ethics of Judges of the Republic of Azerbaijan" was approved, and by order of the Minister of Internal Affairs of the Republic of Azerbaijan № 130 of April 8, 2005 the "Code of Ethical Conduct of Employees of internal affairs" was approved.

In paragraph 22 of the decision of the expanded board of the Prosecutor General's Office of the Republic of Azerbaijan dated February 11, 2006, with the study of the opinions of all subordinate bodies and international experience, a draft document was presented to implement the task of taking the necessary measures to develop a draft Code of Ethical Conduct for employees of prosecution authorities, which will serve to increase the requirements to staff and ensure their conduct in accordance with modern standards.

On April 12, 2006, the draft was sent to all structural units of the Prosecutor General's Office and subordinate prosecution offices with a letter signed by Mr. Rustam Usubov, the First Deputy Prosecutor General, in order to study and submit opinions and proposals. At the same time, the draft Code was presented for discussion at regional seminars.

In addition, the draft Code was sent to various government agencies for study and relevant feedback was received.

The document was examined and further improved with the participation of the heads of the structural units of the Prosecutor General's Office under the First Deputy Prosecutor General Mr. Rustam Usubov.

In October 2006, the final draft of the Code was sent to the Legal Department of the Council of Europe for review by the International Relations Department of the Prosecutor General's Office. On July 19, 2007, the document was studied by the Legal Department of the Council of Europe and sent back to the Prosecutor General's Office with relevant comments and suggestions. In this regard, a response letter from Mr. Philippe Boillat, Director General of Human Rights and Legal Affairs of the CoE Secretariat General, dated 14 May 2007, was received by the Prosecutor General's Office in July of that year.

It is worth noting that the draft was examined by the Council of Europe's leading experts, Mr. Yesrep Nortenberg, Director of Public Prosecutions of Denmark, and Mr. Peter Polt, Prosecutor from Hungary. During the examination, the draft was mostly positively evaluated and analyzed in terms of the European Guidelines for Ethics and Conduct for Prosecutors and the Recommendation of the Committee of Ministers of the Council of Europe No. 19 of 6 October 2000 on the Role of Public Prosecution in the Criminal Justice System.

It should be noted that many of the norms set out in these international principles cited by experts of the Council of Europe during the examination of the project, have already been provided for in the laws regulating the activities of the prosecution authorities in our country, in the Criminal, Criminal Procedure and other codes, as well as in the orders of the Prosecutor General's Office, so the issues raised in the proposals were not fully taken into account. However, in addition to this, many proposals were included in the draft. Also, during the analysis of the expert opinion, Recommendation of the Committee of Ministers of the Council of Europe No. 19 of October 19, 2000 on the role of pubic prosecution in the criminal justice system, consisting of 39 paragraphs, were obtained, and the norms were included in some provisions of the Code.

Another point of interest is that no Code of Ethical conduct for Prosecutors has been developed in any of the CIS countries so far. At a regular meeting of the Coordination Council of Prosecutors General of the Commonwealth of Independent States, held in Dushanbe in August 2006, the development of the Code of Ethical Conduct for employees of the Prosecution authorities of the Republic of Azerbaijan was noted as a positive experience of the Prosecutor General's Office. At that meeting, a decision was made on 22 August 2006 recommending that all CIS prosecution bodies adopt codes of ethical conduct (professional responsibility) for prosecutors on the basis of the standards of professional responsibility, fundamental rights and duties established for prosecutors by the International Association of Prosecutors.

On December 30, 2007, the Prosecutor General's Office of the Republic of Azerbaijan informed about the "Code of Ethical conduct for employees of the Prosecution authorities of the Republic of Azerbaijan" at an extensive operational meeting dedicated to the results of the work done by the prosecutor's office in 2007 and the tasks ahead. It was noted that the establishment of rules and principles of ethical conduct, as well as legal mechanisms for their implementation are important in terms of improving public administration and combating corruption.

Thus, in pursuance of the order, the Legal Support Department together with the Organizational-Analytical and Personnel Departments of the Prosecutor General's Office, guided by the requirements of the Law of the Republic of Azerbaijan dated May 31, 2007 “On Rules of Ethical Conduct of Civil Servants”, of the Convention for the Protection of Human Rights and Fundamental Freedoms, the International Association of Prosecutors' document on "Standards of Professional Responsibility of Prosecutors, Fundamental Rights and Responsibilities of Prosecutors" adopted on 23 April 1999, as well as relevant orders of the Prosecutor General's Office, taking into account the European Guiding Principles on Ethics and Conduct for Prosecutors (Budapest Guidelines) and the Recommendation of the Committee of Ministers of the Council of Europe No. 19 of 6 October 2000 on the Role of the Public Prosecution in the Criminal Justice System and common rules of ethics accepted in the society, prepared a draft Code of ethical conduct for employees of prosecution authorities of the Republic of Azerbaijan has been.

February 8, 2008 an extensive Board meeting was held at the Prosecutor General's Office of the Republic of Azerbaijan with the participation of leadership of the Central Office, the Military Prosecutor's Office of the Republic, Nakhchivan Autonomous Republic and Baku district (city) prosecution offices and territorial military prosecution offices, to discuss the status of the work done by the prosecution authorities in 2007 and the tasks ahead. At the board meeting, information was provided on the draft Code of Ethical conduct as an issue on the agenda. Further, the relevant structural units of the Prosecutor's Office were instructed to take necessary measures to ensure strict compliance with the requirements of the Code by all subordinate prosecution offices, which were then submitted for discussion and approved.

At the same time, the Board decided to take the necessary measures to translate the Code into English and Russian.

The Code consists of 6 sections and 38 paragraphs. The first section of the Code defines its objectives. The second section of the document defines the basic requirements of ethical conduct. The third section of the Code regulates the requirements for the service conduct of a prosecutor. As the name suggests, this section contains the requirements of service conduct, consists of 16 paragraphs, more than other sections. The fourth section also covers the observance of the rules of subordination and dress-code by prosecutors, the efficient use of state property and other issues.

Requirements for the conduct of a prosecutor outside his / her official activities are set out in the fifth section of the document. The main focus here is on the fact that the conduct of a prosecutor outside his / her official activities shall not overshadow his / her professional reputation. This section provides for a special clause on the unnecessary display of a prosecutor's uniform, service weapon and service certificate.

Provisions on ensuring the implementation of the requirements of the Code are provided in the sixth section of the document. This section defines the necessary responsibilities for senior officials of the prosecution authorities. This section also reflects the responsibility for violating the requirements of the Code.

It should be noted that violation of the requirements of this Code is considered an act unworthy of the name of a prosecutor, and disciplinary action against a prosecutor who violates these requirements is directly provided for in this Code of Ethical Conduct.

It should be noted that the adoption of such an important document at a large board meeting of the Prosecutor General's Office as a logical continuation of comprehensive reforms in the prosecution bodies, would promote a qualitatively new type of conduct of prosecutors and further strengthen the high image of prosecutors in our society.

CODE OF ETHICAL CONDUCT for employees of the Prosecutor's Office of the Republic of Azerbaijan

The Code of Ethical Conduct for Employees of the Prosecutor's Office of the Republic of Azerbaijan (hereinafter - the Code) applies to all employees of the Prosecutor's Office.

Each employee of the prosecutor's office is obliged to comply with the Law of the Republic of Azerbaijan "On the rules of ethical conduct of civil servants", other regulatory legal acts and rules of conduct established by this Code. Employees of the prosecutor's office must observe the oath of the employees of the prosecutor's office during their activities, as well as establish their official work and behavior in their free time in accordance with this oath and in accordance with this Code.

I. OBJECTIVES OF THE CODE

1. The Code defines the behavior and ethical standards to be followed by prosecutors, their obligations to protect human and civil rights and freedoms, to prevent corruption in the prosecutor's office and conflicts of interest in the activities of prosecutors, the content and scope of behavior expected from employees of prosecutors in society.

2. Correct performance of the duties assigned to the prosecutor's office by law directly depends on high moral and professional qualities, dignity, respect of prosecutors in society, and their culture of behavior in their free time. Each employee of the prosecutor's office must raise the prestige of the body he represents and increase the citizens' confidence in justice and trust in law enforcement agencies.

3. Each employee of the prosecutor's office must understand that this is a responsible and honorable work, and, given its role in the administration of justice, must realize the importance of the duties assigned to him in his official activities, respect laws, human and civil rights and freedoms, consistently and regularly observe national and international standards that establish these rights and freedoms, adhere to generally accepted moral norms and rules of conduct in society, protect the name of an employee of the prosecutor's office, defend his honor and dignity.

II. BASIC REQUIREMENTS FOR ETHICAL CONDUCT

4. In carrying out his official activity, an employee of the prosecutor's office is guided by the Constitution and laws of the Republic of Azerbaijan, the Convention for the Protection of Human Rights and Fundamental Freedoms, the standards of professional responsibility, fundamental rights and obligations established by the International Association of Prosecutors for prosecutors, as well as the requirements of the relevant orders of the Prosecutor General of the Republic of Azerbaijan ; take into account the European principles of ethics and conduct for prosecutors, Recommendation No. 19 of the Committee of Ministers of the Council of Europe of 6 October 2000 on the role of the prosecutor's office in the criminal justice system, and adhere to generally accepted ethical principles.

5. An employee of the prosecutor's office must properly perform his duties in the interests of the individual, society and the state.

An employee of the prosecutor's office must constantly increase the prestige of the prosecutor's office with his high professionalism, human qualities and culture outside of official conduct.

Under all circumstances, an employee of the prosecutor's office must act in such a way that he is set as an example to every person.

6. An employee of the prosecutor's office is obliged to eliminate the consequences of his violation of the rules of ethical behavior, as well as to take measures to restore public confidence.

7. An employee of the prosecutor's office should not put his personal interests above the interests of society and his profession.

8. Employees of the prosecutor's office have the right to freely express their opinion, in the manner prescribed by the legislation to join public associations and participate in the activities of national and international organizations. At the same time, prosecutors should not be members of any political party or organization, participate in political rallies, support political parties in any way, materially or otherwise, engage in propaganda, except in cases provided by law, and refrain from acting indicating ideological influence.

An employee of the prosecutor's office, with the exception of cases provided by law, cannot act in the interests of individual individuals and legal entities, public associations, cannot abuse his official powers and official position.

III. REQUIREMENTS FOR THE OFFICE BEHAVIOR OF THE PROSECUTOR'S OFFICE

9. An employee of the prosecutor's office, in carrying out his official activities, being guided by the principles of the rule of law, must be based solely on facts, observe the principles of equality before the law, observe and respect the rights and freedoms of citizens, the interests of legal entities. An employee of the prosecutor's office must not allow decisions and actions (or inaction) that violate the rights and freedoms of people, legitimate interests or defame their honor, dignity and business reputation. An employee of the prosecutor's office must take into account that ensuring the rights and freedoms of man and citizen, enshrined in national legislation and international conventions, is the supreme goal of the Azerbaijani state.

10. An employee of the prosecutor's office must be objective, ensure the transparency of criminal proceedings, taking into account the principle of confidentiality, must not allow strangers, including his relatives or friends, to interfere in his work, must not be influenced by government agencies and authorities or any person and subject their similar influence. An employee of the prosecutor's office, in the manner prescribed by law, ensures effective interaction with state and law enforcement agencies in the field of ensuring effective and fair criminal law policy of the state, does not demonstrate the privileges and powers granted to him.

11. An employee of the Prosecutor's Office does not disclose secrets known to him in connection with the performance of his duties, and information intended for official use, and also ensures the confidentiality of information affecting the privacy, honor and dignity of citizens. An employee of the prosecutor's office cannot use information obtained in the course of his official activities for personal purposes.

12. An employee of the prosecutor's office must always adhere to the presumption of innocence and other principles in cases pending before him, must not allow actions that negatively affect a fair trial and are aimed at preliminary formation of public opinion.

13. An employee of the prosecutor's office does not establish non-procedural relations with the participants in the proceedings in the case, which are not provided for by law, and does not make promises to interested parties about the results of an acceptable or unacceptable resolution of the case.

14. An employee of the prosecutor's office must be fair and impartial in making decisions and performing their duties, must not allow anyone to enjoy privileges based on race, nationality, language, gender, social or religious affiliation, official position, beliefs, membership in political parties or public associations ... In order to ensure the objectivity of his official activities, an employee of the prosecutor's office raises the question of excluding him from proceedings in the prescribed manner, if there are cases provided for by law.

15. An employee of the prosecutor's office must be demanding of himself, fulfill his duties in a timely and honest manner, avoid bureaucracy and red tape.

16. An employee of the prosecutor's office must be self-critical, not allow unethical behavior, in the event of such behavior, admit his mistake and take measures to eliminate it. While on duty, he must be polite, considerate, discreet, and benevolent towards others.

17. During criminal proceedings, a prosecutor must always respect the right to a fair trial established by the Convention for the Protection of Human Rights and Fundamental Freedoms, prevent the transmission of false information to the participants in the proceedings and the violation of ethical rules in the conduct of legal proceedings.

18. In the course of criminal proceedings, including the defense of a public prosecution, a prosecutor must strive to establish ethical relations with the participants in the process and adhere to a culture of speech.

19. An employee of the prosecutor's office must constantly work on himself, improve his general and legal knowledge, theoretical and professional level, and also closely follow the innovations in national legislation and international law.

The employee of the prosecutor's office must first of all familiarize himself with the rights and obligations of the suspect and the accused, as well as the victim, witness and other persons established by law, with the principles and norms of human rights and freedoms established by the Constitution, laws of the Republic of Azerbaijan, the Convention for the Protection of Human Rights and Fundamental Freedoms. , as well as other international documents to which the state is a party.

20. An employee of the prosecutor's office must be sympathetic to the desire of the media to cover the activities of the prosecutor's office, to promote the exercise of the right of media representatives to receive honest and objective information in cases and in accordance with the procedure established by law.

21. An employee of the prosecutor's office must adhere to the rules of subordination when communicating in relation to his immediate supervisor and superior supervisor, and must also be polite, attentive and caring in relation to subordinate employees. An employee of the prosecutor's office must also adhere to professional ethics in relations with colleagues under all circumstances.

An employee of the prosecutor's office is obliged to comply with a written order, order or oral assignment of his immediate superior or superior managers in accordance with the law and within the limits of his authority.

22. An employee of the prosecutor's office must not demonstrate to his subordinates superiority arising from his official powers, and also must not differentiate subordinate employees on the basis of religion, nationality, race, gender, social origin or position held.

23. Within the framework of international legal cooperation, an employee of the prosecutor's office establishes effective relations with the prosecution authorities, as well as with judicial and law enforcement agencies of other states, to provide colleagues with comprehensive assistance in the manner prescribed by law.

24. An employee of the prosecutor's office must strictly observe the dress code.

25. An employee of the prosecutor's office must economically and efficiently use state property, financial resources, communication facilities, computer and other communication systems, vehicles and other logistical support equipment in his use.

IV. PREVENTION OF ILLEGAL ACQUISITION OF MATERIAL AND INTANGIBLE GOODS, PRIVILEGES OR CONCESSIONS

26. Committing by an employee of the prosecutor's office of actions (inaction) aimed at illegally obtaining material and intangible benefits, privileges or concessions, as well as making decisions for this purpose, are unacceptable.

27. An employee of the prosecutor's office takes measures to exclude the possibility that his actions (inaction) or decisions may lead to the receipt of material and non-material benefits, privileges or concessions.

28. If an employee of the prosecutor's office is offered illegal material and non-material benefits, privileges or concessions, he must refuse. If material and intangible benefits, privileges or concessions are provided to an employee of the prosecutor's office for reasons beyond his control, he must inform his immediate superior about this, and material and intangible benefits, privileges or concessions in the appropriate manner must be transferred under the act.

29. An employee of the prosecutor's office may not demand or accept gifts for himself or others that may affect the impartial performance of official duties or create the impression of such influence, or which are provided as a reward for the performance of his duties, or which give the impression of such a reward. This rule does not apply to the cases of gifts related to hospitality, the value of which does not exceed the amount specified in the Law of the Republic of Azerbaijan "On Combating Corruption".

30. An employee of the prosecutor's office must not allow a conflict of interest during the period of service and cannot illegally use his official powers for personal purposes.

V. REQUIREMENTS FOR OUT OF OFFICE CONDUCT OF THE PROSECUTOR'S OFFICE

31. The behavior of an employee of the prosecutor's office outside his official activities should not darken his professional reputation.

32. An employee of the prosecutor's office may not engage in social activities that may damage his official activities or the reputation of the prosecutor's office.

33. An employee of the prosecutor's office shall not have the right to unlawfully influence citizens, departments, enterprises and organizations by demonstrating a special uniform, service weapon and service certificate, to prevent their abuse, as well as the use of a special uniform in public places outside working hours should be limited.

VI. ENFORCEMENT OF THE REQUIREMENTS OF THE CODE AND RESPONSIBILITY OF THE PROSECUTOR'S OFFICE FOR VIOLATION OF THESE REQUIREMENTS

34. Violation of the requirements of this Code shall be recognized as an act unworthy of the name of an employee of the prosecutor's office, and disciplinary liability is applied to an employee of the prosecutor's office who violated these requirements.

35. Compliance of the conduct of an employee of the prosecutor's office with the norms of ethical conduct is regularly analyzed by him, his immediate and higher superiors.

36. The supervision over the observance of the rules of ethical behavior in the prosecution bodies is exercised by employees holding managerial positions. To this end, employees in management positions:

1.determine the scope of work, scope of official functions and duties of subordinate employees in accordance with their official qualities;

2. do not incite subordinates to make illegal decisions and actions that do not meet generally accepted ethical standards;

3. to discourage the selection and placement of personnel based on personal relationships;

4. show an example of compliance with this Code by their official behavior;

5. determine measures to prevent and prevent violations of the rules of ethical behavior by employees of the prosecutor's office;

6. impose disciplinary sanctions for violation of the rules of official conduct or raise an issue with authorized persons;

7. Encourage employees to excel in their ethical behavior, or raise the issue with authorized persons;

8. fulfill other obligations stipulated by legislation in connection with the observance of the rules of ethical behavior.

37. An employee of the prosecutor's office shall be held liable in accordance with the law in case of violation of the law during his official activity and outside his official activity. In addition, the actions of an employee of the Prosecutor's Office who violated the requirements of the Code may be considered by the Higher Attestation Commission of the General Prosecutor's Office of the Republic of Azerbaijan. The Higher Attestation Commission has the right to apply to the appropriate body to assess the actions of an employee of the Prosecutor's Office in violation of the requirements of this Code and to make an appropriate decision. The Supreme Attestation Commission may also require an employee of the prosecutor's office to admit his unethical behavior in the press and in front of people.