State Statistical Committee of
the Republic of Azerbaijan
dated February 17, 2016, 7/t.
S T A T U T E
on the Board of Appeal of the State Statistical
Committee
of the Republic of Azerbaijan
1. General
provisions
1.1. The Board of Appeal of the State Statistical
Committee (hereinafter referred as the Board of Appeal) is the collegial
body that operates on public (free) bases and considers re-complaints of
natural and legal entities acting as entrepreneurs in connection with
their entrepreneurship activity, proceeded by decisions, action or
inaction (excluding appeals related with corruption offences) of the
State Statistical Committee (hereinafter referred as SSC) and its
structural (local) organizations.
1.2. Board of Appeal follows in its activity the
Constitution of the Republic of Azerbaijan, Law of the Republic of
Azerbaijan on "Administrative Execution", and other laws of the Republic
of Azerbaijan, decrees and orders of the President of the Republic of
Azerbaijan, decisions and orders of the Cabinet of Ministers of the
Republic of Azerbaijan, international agreements acceded to by the
Republic of Azerbaijan and this Statute.
1.3. Performing its duties and rights the Board of Appeal
operates in mutual relationship with other executive authorities, local
self-administered bodies and non-governmental organizations, as well as
legal and natural entities.
1.4. For the aims of this Statute "complaint" means written
request of natural and legal entities acting as entrepreneurs to the
Board of Appeal in connection with refusal of decision-making as well as
action or inaction towards complaints of these entities related with
their entrepreneurship activity accepted by the central executive
authority or its component organizations or other organizations of its
obedience.
1.5. Board of Appeals organizes its activity based on
legality, transparency, collegiality, objectivity principles.
2. Duties of the Board of Appeal
2.0. Duties of the Board of Appeal are as follows:
2.0.1. carry out comprehensive, full and objective
investigation in connection with complaints entered to the Board of
Appeal and make well-argued decision on the result of a case;
2.0.2. control the execution of decisions made by the Board
of Appeal;
2.0.3. keep record of complaints considered in the Board of
Appeal, analyze and integrate them, present semi-annual and annual
references (reports) about the results to the Chairman of the SSC;
2.0.4. during activity within its competencies to provide
implementation of human and civil rights and liberties and prevent
violation;
2.0.5. take measures necessary for prevention of the state
and commercial secrecy and other information disclosure and
dissemination of which is prohibited by the law in accordance with
legislation;
2.0.6. give explanation about decisions made by the Board of
Appeal;
2.0.7. carry out other responsibilities specified by the law
and the acts of the President of the Republic of Azerbaijan.
3. Rights of the Board of Appeal
3.0. The Board of Appeal has the following rights
for implementation of its duties:
3.0.1. send inquires (applications) to the central and local
executive authorities, local self-governed bodies and non-governmental
organizations, as well as natural and legal entities in connection with
appeals entered to the Board of Appeal, and receive from them essential
documents and information;
3.0.2. invite persons (their authorized representative) who
appealed, officials of the Administration of the SSC or its component
organizations or organizations of its obedience, as well as other
related persons to the meetings of the Board of Appeal, carry out
investigation with their participation and receive explanations from
them;
3.0.3. give written instructions to officials of the
Administration of the SSC or its component organizations or
organizations of its obedience in connection with prevention of
shortcomings and violations revealed on investigation of complaints
entered to the Board of Appeal;
3.0.4. raise the relevant question to take measures in a
manner specified by the legislation and inform about the outcome for the
purpose to bring officials of the Administration of the SSC or its
component organizations or organizations of its obedience to
responsibility if the cases of serious faults as well as violation of
legal acts on execution of service activities by these officials are
revealed during investigation of complaints entered to the Board of
Appeal;
3.0.5. make proposals to improve efficiency of activities of
the Board of Appeal;
3.0.6. carry out analyses and general conclusions in the
process of activity of the Board of Appeal, make proposals related with
elimination of violations during investigation of complaints;
3.0.7. monitor the implementation of decisions of the Board
of Appeal as well as take measures on elimination of faults;
3.0.8. involve experts, specialists and advisers in the
activity of the Board of Appeal;
3.0.9. exercise other rights specified by the law and acts
of the President of the Republic of Azerbaijan.
4. Organization of activity of the Board of Appeal
4.1. Structure (chair and other six members) of
the Board is assigned by the chairman of the SSC. The chair of the Board
should be one of deputies of the chairman of the SSC.
4.2. The chair of the Board of Appeal realizes the
followings:
4.2.1. organizes the work of the Board of Appeal and
undertakes the leadership;
4.2.2. signs other documents related with activity of the
Board of Appeal and decisions delivered on behalf of the Board of
Appeal;
4.2.3. makes presentations (proposals) to the chairman of
the SSC in connection with confirmation of other members of the Board of
Appeal as well as head and structure of the Secretariat of the Board of
Appeal;
4.2.4. specifies the agenda of meetings of the Board of
Appeal and presides over these events;
4.2.5. raises questions that are in the competency of the
Board of Appeal for discussion in the meetings of the Board;
4.2.6. represents the Board of Appeal.
4.3. The members of the Board of Appeal have the following
rights and duties:
4.3.1. participate in meetings and activity of the Board of
Appeal;
4.3.2. carry out comprehensive, full and objective
investigation of complaints entered to the Board of Appeal;
4.3.3. give recommendations, comments and proposals
regarding to complaints entered to the Board of Appeal;
4.3.4. require to obtain additional documents and include
them to investigation materials if documents (obtained materials)
presented for initial investigation of complaints entered to the Board
of Appeal are identified as insufficient;
4.3.5. participate in a voting on behalf of the Board of
Appeal regarding to decision making on complaints entered to the Board
of Appeal;
4.3.6. sign the protocols of meeting of the Board of Appeal;
4.3.7. apply to the chairman of the SSC with written
reasonable reference to discuss issues in the meeting of the Board of
the SSS in case of disagree with outvoted decisions;
4.3.8. neutrally approach to issues considered in the
meetings of the Board of Appeal;
4.3.9. make proposals about organizational issues that are
in the competence of the Board of Appeal;
4.3.10. implement other duties specified in this Statute and
exercise the rights.
4.4. For organization of current activity of the Board of
Appeal the Secretariat of the Board of Appeal (hereinafter referred as
Secretariat) is established. Head and structure of the Secretariat is
confirmed by the chairman of the SSC based on presentation (proposal) of
the chair of the Board of Appeal.
4.5. Each member of the Board of Appeal should inform the
Board about the cases when the issues considered in the meeting of the
Board affects personal interests as well as gives ground for his/her
partiality and should not participate in decision-making;
4.6. The Secretariat realizes the followings:
4.6.1. implements organizational arrangements regarding to
complaints entered to the Board of Appeal;
4.6.2. monitors the compliance of complaints entered to the
Board of Appeal with the legislation and this Statute's requirements and
in case of compliance, appeals to the relevant structural subdivision of
the Administration of the SSC or its component organizations or other
organizations of its obedience for presentation of all necessary
documents (materials) to the Secretariat not later than 2 working days;
4.6.3. forwards documents (materials) presented by relevant
structural department of the SSC or organizations of its obedience
according to 4.6.2 semi item of this Statute after controlling their
completeness and necessity, to the chair and other members of the Board
of Appeal to make official recommendations;
4.6.4. official recommendations according to 4.7 item of
this Statute and organizes meetings of the Board of Appeal agreed upon
with the chair of the Board of Appeal;
4.6.5. informs members of the Board of Appeal as well as
persons specified in 3.0.2 semi item of this Statute about the time of
meetings of the Board of Appeal in written form at least 3 working days
before meeting;
4.6.6. compiles protocols of the meetings of the Board of
Appeal and presents to the members of the Board of Appeal for signing;
4.6.7. develops draft decisions (recommendations, written
replies) of the Board of Appeal and presents to the chair of the Board
of Appeal for consideration and signing;
4.6.8. provides delivery of decisions (recommendations,
written replies) of the Board of Appeal as intended;
4.6.9. keeps records of complaints considered in the Board
of Appeal, analyzes, integrates them and presents quarterly, semi-annual
and annual references (reports) about the results to the chair of the
Board of Appeal;
4.6.10. disseminates information about cases considered in
the meeting of the Board of Appeal through mass media and official
web-page of the SSC;
4.6.11. provides informing of population about the activity
of the Board of Appeal, posting of information that needed to be
disclosed and the list of which is specified by the law, at the official
web-page of the SSC and its regular updating;
4.6.12. executes orders of the chair of the Board of Appeal;
4.6.13. keeps originals of protocols of the Board of Appeal
and other documents;
4.6.14. implements other duties considered in this Statute
and exercises the rights.
4.7. according to 4.6.3 semi item of this Statute the
recommendations have to be submitted not later than 2 working days.
Submitted recommendations need to be substantiated; referring to any
matter in these recommendations is to be clear and well-defined.
5. Requirements for complaints
5.1.Complaint is compiled in a written form. Along
with information considered under the Law of the Republic of Azerbaijan
"On administrative execution" the below-mentioned information is
indicated in a complaint:
5.1.1. TIN (Taxpayer Identification Number) of a person who
complains;
5.1.2. information about appeal (appeals) before addressed
to the SSC regarding to the object a complaint and the received reply
(replies);
5.1.3. information (name, date, number, abstract of
administrative act accepted by the SSC or its component organizations or
other organizations of its obedience) about a reason of appeal (appeals)
before addressed to the SSC regarding to the object of a complaint;
5.1.4. list of documents attached to a complaint.
5.2. Complaints are signed by natural person who applies or
by director of legal entity, or by their authorized representatives (by
attachment a copy of document confirming the authority to the
complaint).
5.3. Complaints presented by legal entity have to be stamped
by this entity. This requirement is also concerned to representatives,
affiliates and offices of resident and non-resident legal entities. In
this case the complaints are correspondingly stamped by representatives,
affiliates and offices.
5.4. Appropriately endorsed copies of documents confirming
the relevancy of complaints (order, act, recommendation, letter,
reference, receipt and other documents received from public, non-public
and local self-administered bodies) are attached to complaints.
5.5. Complaints (which are not considered as re-complaints)
directly entered to the Board of Appeal without consideration by the
relevant structural subdivision of the SSC, as well as appeals
concerning with corruption offences are forwarded by destination for
consideration.
5.6. Well-argued decision (or written reply) on the result
of investigation of each complaint considered (or considered not by
content) in the Board of Appeal is forwarded to person who applied.
6. Regulation on conduction of meetings of the Board of Appeal
6.1. Meetings of the Board of Appeal are envisaged
as held if at minimum two thirds of its members take part.
6.2. Meetings of the Board of Appeal are held if a complaint
is accepted at least two times in a month and if necessary by consent of
chair of the Board of Appeal or by instruction of the chairman of the
SSC in any time.
6.3. Regulation of each meeting of the Board of Appeal is
assigned by the chair of the Board of Appeal depending on to be
discussed appeals.
6.4. Persons (their authorized representatives) who applied
to the Board of Appeal with complain, relevant officials of the SSC,
expert, specialist, translator and other concerned persons may take part
in the meetings of the Board of Appeal.
6.5. All arguments concerning to complains included in the
agenda of the Board of Appeal are discussed by the members of the Board
of Appeal and separate attitude is shown to every matter.
6.6. Decisions in the meetings of the Board of Appeal are
made simply by outvotes of the members participating in the meeting by
way of open voting. In the case of tie votes the chair of the Board of
Appeal casts the deciding vote.
6.7. Chair of the Board of Appeal, Director of the
Secretariat of the Board of Appeal or one of another members of the
Board of Appeal make report regarding to complains included in the
agenda of the Board of Appeal.
6.8. In case if authorized representatives of persons who
complained participate in the meetings of the Board of Appeal the
original (or copy endorsed in a corresponding order) of a documents
confirming the authority of representative has to be presented to the
Secretariat.
6.9. Persons invited to the meetings of the Board of Appeal
have right to make proposals and show attitude to appropriate matters.
6.10.Information on decisions made on complains considered
in the Board of Appeal is disseminated through mass media and official
web-page of the SSC.
6.11.Video filming of meetings of the Board of Appeal and
discussions of complaints included in the agenda is realized and saved
at least for a year.
6.12.In case if chair of the Board of Appeal could not
participate in the meetings of the Board of Appeal in view of reasonable
excuse (leave, business trip, illness and etc.) the powers of the chair
are entrusted to one of the deputies by the Chairman of the SSC.
7. Requirements on protocols of meetings and decisions of the Board of Appeal
7.1. The output of the meetings of the Board of
Appeal is made official by the members and the Secretariat of the Board
of Appeal being reflected in the meeting signed protocol.
7.2. The followings should be specified in the meeting
protocol of the Board of Appeal:
7.2.1. date and place of conducting of the meeting;
7.2.2. names, surnames and patronymic of the members of the
Board of Appeal, director of the Secretariat, other invited persons and
(or) their authorized representatives;
7.2.3. the object, abstract and arguments of a complaint
included in the agenda for discussion;
7.2.4. decisions made before regarding to the object of a
complaint included in the agenda for discussion and arguments of these
decisions;
7.2.5. Speeches of persons participating in the meeting of
the Board of Appeal;
7.2.6. Arguments collected by the Board of Appeal related
with entered complaints, the obtained results, reference to the relevant
legal acts;
7.2.7. Decision made by the Board of Appeal.
7.3. The Board of Appeal makes one of the following
decisions as a result of investigation of complaints entered for
execution:
7.3.1. complaint is provided;
7.3.2. complaint is partly provided;
7.3.3. complaint is not provided;
7.3.4. new decision is made on the subject-matter of a
complain.
7.4. Decision of the Board of Appeal should be reasonably
compiled and should reflect all cases. Decision signed by the chair of
the Board of Appeal consists of introduction, description, justification
and output sections and these sections include the following
information:
7.4.1. Introduction section includes the date and place of
decision-making of the Board of Appeal, surname, name, patronymic of the
chair of the Board of Appeal, object of a complaint and demands;
7.4.2. Description section includes the argument of a person
who complains, decisions made before on the object of complaint and
abstract, arguments of these decisions as well as notes of persons
participation in a case;
7.4.3. Justification section includes information about
arguments and documents obtained by the Board of Appeal, relevance to
appropriate legal acts;
7.4.4. Output section includes decision made by the Board of
Appeal, instruction on execution of decision and rules on complaining of
decision.
7.5. The Secretariat manages forwarding of decisions (given
written reply) made by the chair of the Board of Appeal by destination.
7.6. In case if a complaint entered to the Board of Appeal
is of competency of other body the Board of Appeal forwards a complaint
and its addition to this authorized body at latest 3 days after its
entering and present well-argued written information about it to a
person who complained.
The structure of the Board of Appeal of the State Statistical Committee
of the Republic of Azerbaijan
| Chair of the Board | |
|---|---|
| Mammadov Vahab Feyruz | First Deputy Chairman of the State Statistical Committee of the Republic of Azerbaijan |
| Members of the Board: | |
| Aliyev Gasim Farhad | Head of the Department of Statistical Works Coordination and Strategic Planning |
| Mammadalizade Vugar Hasrat | Head of the Department of Quality Management and Metadata |
| Suleymanov Rafael Sohbat | Head of the Department of Information and Public Relations |
| Ibrahimova Aida Binadar | Head of the Department of Trade Statistics |
| Dadashova Hajibala Nadir | Deputy Head of the Department of Price Statistics |
| Mammadov Gunduz Mukush | Head of the Department of Agriculture Statistics |
The Structure of the Secretariat of the Board of Appeal of the
State Statistical Committee
of the Republic of Azerbaijan
| The Secretary: | |
|---|---|
| Suleymanova Sevda Ibad | Head of the General Department |
| Members of the Secretariat: | |
| Ismayilov Vusal Novruz | Head of the Sector of Legal Provisions of the Department of Human Resources and Law |
| Sadigov Orxan Eldar | Adviser of the Sector of Finance of the Department of Finance and General Service |
