Rules of appeal of the citizens of the Republic of Azerbaijan
The legislation on citizens 'appeals consists of the Constitution of the Republic of Azerbaijan, international treaties to which the Republic of Azerbaijan is a party, the Law "On Citizens' Appeals" and other normative legal acts of the Republic of Azerbaijan.
Citizens of the Republic of Azerbaijan, state or municipal bodies, state or municipality ownership or controlling interests (shares) of which are owned by the state or municipality, legal entities and their budgetary organizations or their officials have a right to appeal personally or through a representative, in written or verbal form, or collectively.
Citizens exercise their right freely and voluntarily. The exercise of the right of the citizen to exercise his or her right of appeal should not violate the rights and freedoms of others.
Requirements for citizens' appeals
Citizens submit their applications in written form to the subjects of the complaint or to their officials, either directly or indirectly, in the form of verbal appeal.
Written appeals are submitted either personally or through a representative or sent by mail, fax or electronically.
The written appeal should indicate the followings:
- Name, last name, position of the subject of the complaint or his / her official (except for appeals sent to the official's e-mail address);
- Name, patronymic, last name and address (or place of employment) of the physical person applying, name and legal address of the legal entity;
- Name, last name, patronymic and address of the representative when submitted by the representative.
An application is considered to be anonymous if the application does not meet legal requirements for written requests, except for cases when legal entities are sent in blank form to the company's requisites or at least one of the contact details of the physical person. Anonymous appeals are not accepted and considered by the subject matter of the appeal and their officials.
The written application must be signed by the physical person or the head of a legal entity or by their authorized representative. A written copy of the document confirming the authority of the representative must be attached to the application when submitted through a written request.
The electronic application is sent to the e-mail address of the subject or the official who is in charge of the appeal or is included in its official website. An application addressed to an applicant's official website must contain an e-mail or a postal address.
An application submitted in electronic form should be confirmed by an electronic signature.
The text of the appeal should be readable, the suggestion or request made in the appeal should be clearly stated. The text of the appeal should not contain an insult or slander.
Rules on reception, registration and processing of citizens' written applications
The subjects and their officials are obliged to accept, register, and ensure that they are considered in the manner prescribed by the Law on Citizens' Appeals. In accordance with the requirements of the Law "On Citizens Appeals", refusal to accept the appeal is forbidden.
The registration on the appeals of citizens is carried out in accordance with the procedure established by the relevant executive authority and is provided by the head of the subject who considers an appeal.
The subjects who are in charge of appeals have the right to to accept and respond to it including in an electronic way.
The citizen's application shall include the date of entry and the registration number. At the request of the applicant, information on the registration number, date of the application and its executor is communicated.
When an issue referred to in an appeal is considered and the reasoned reply is provided to a citizen (in collective applications - one of the applicants) an appeal shall be regarded as considered. The application is responded in the state language.
In electronic applications the subjects who are in charge of appeal and their officials consider them by electronic way referring to the indicated electronic address or at the request of an applicant in written reply by post. If an email address of the applicant does not appear in electronic application, that application will be responded in writing via mail.
A reply letter for consideration of the appeal of the citizen should indicate the subject matter to be addressed in the appeal and the actions taken and or the subject that should be addressed in relation to that matter.
When an application is kept unattended, partially satisfied or refused decision is taken, the reply letter to the applicant shall describe the procedure for filing a complaint.
When the subject who is in charge of appeal and his official submit a request for an inquiry to investigate additional information related to the solution of the matter referred to in that appeal, the inquiry request should be responded no later than seven business days.
When the subjects who are in charge of appeal and their officials note that the matter referred to in the appeal does not fall under their jurisdiction, they shall send the application to the relevant authority within three working days and shall inform the applicant about it.
When the matter referred to in the appeal relates to the jurisdiction of several subjects who are in charge of it, a copy of the appeal shall be sent to those subjects not later than three working days.
Upon sending the appeals of citizens to the relevant state and municipal authorities or to the subject of the other appeal, the upper state body shall be informed by the head of the subject who is in charge of the appeal at the request of the superior state body.
If the issues mentioned in the application of the citizen apply to information constituting state secrets or other information protected by the law in accordance with the Law of the Republic of Azerbaijan "On State Secrets", the applicant shall be notified of the impossibility of the appeal.
It is forbidden to send a complaint to a subject or any of its officials who have appealed a complaint against a lawful action (inaction) of the citizens' appeals.
Appeals kept unprocessed
Citizens' appeals are kept unattended in the following cases:
- In accordance with Article 5 of the Law "On Citizens' Appeals", another rule for appeal and consideration of the application is provided;
- does not meet the requirements specified in Articles 6.4-6.9 of the Law "On Citizens Appeals";
- if the court has a legally enforceable decision on the matter indicated in the appeal;
- if a substantiated response has been substantiated three times in a year for a repeat application of the citizen and there is no new information for the solution of the issue in the recourse appeal;
- in the cases referred to in Article 7.9 of the Law on Citizens' Appeals, it is impossible for the appeal to be appropriated or if the information contained in the request is insufficient for its disposition or dispatch;
- when applying by applicant in accordance with article 14.0.2 of the Law on Citizens' Appeals.
In the cases referred to in Article 8.1 of the Law on Citizens Appeals, the subject or his official, who is in charge of appeal, has the right to notify the applicant providing the reasons that the appeal (except anonymous appeal) has been kept unattended not later than five business days and immediately when there are reasonable grounds to keep the appeal unattended in relation to verbal appeals. When the circumstances for keeping the appeal unattended are eliminated the subject in charge of it must ensure that the appeal is considered.
Term for processing of appeal
Except for the cases specified in Articles 9.2, 9.6 and 10.2-10.4 of the “Law on Citizens’ Appeals”, citizens' appeals are considered the latest within 15 business days, appeals requiring additional study and examination are considered within 30 business days.
Except for the cases referred to in Articles 9.2, 9.6, 10.3 and 10.4 of the “Law on Citizens’ Appeals” the appeals requesting additional information or sending a request to relevant authorities for consideration, the period of consideration by the subject in charge of appeal and his official are entitled to extend it up maximum to 30 business days. In accordance with Article 7.11 of the Law on Citizens' Appeals a citizen who appealed, as well as the other subject in charge of the appeal with the higher state body must be informed on their request about it.
The appeals of military servicemen and their family members are considered within 15 business days from receiving date.
If the information required for the submission of the appeal within the above-mentioned period may lose its significance, the appeal should be considered immediately, if this is not possible, within 24 hours of the receipt of the appeal.
The expiry of the period specified in Article 10.1-10.3 of the Law "On Citizens' Appeals" begins with the day the appeal is received by the subject in charge.
Citizens reception rules
The subject in charge of appeals should ensure that the reception of citizens is carried out in accordance with their reception schedule which is not less than once a month.
Citizens are received by the heads of subjects or other officials who are in charge of the appeal.
Citizens should be received on days and times notified in advance. If prompt action is required on the appeal of the citizen, the head of the subject or other officials considering the appeal must immediately receive them.
A citizen is registered to be received through electronic services when he/she possesses an electronic identification document or personal identification details or e-signature.
The applicant must submit a document certifying his/her identity.
A written application submitted at the time of reception is accepted, registered and considered in accordance with Article 7 of the Law on Citizens' Appeal.
The verbal appeal of the citizen shall be recorded on the check-up sheet. When solving the issues in the verbal appeal does not require additional investigation, the citizen with his/her own consent responds verbally during the appeal submission. When it is impossible to answer the citizen's appeal verbally during the reception, the appela is responded in writing. The procedure for acception, registration and consideration of such appeal is regulated by Article 11.5 of the Law on Citizens' Appeal.
When a citizen finds out that the issue raised in his appeal is subject to the jurisdiction of the other subjects and their officials, the procedure for appealing to other authorities should be explained to the applicant.
The heads of the subjects and other officials in charge of appeal have the right to hold mobile and video receptions including online conferences. During such acceptance, the rule for registration and considering of the appeals shall be conducted in accordance with this article.
Duties of subjects and their officials in charge of appeal
The subjects in charge of appeal and their officials must ensure that citizens have the right to make written and verbal statements, apply with petitions, and to exercise their right to appeal against the illegal actions (inaction) of officials, in accordance with the Constitution and laws of the Republic of Azerbaijan .
The subjects in charge of appeal and their officials must accept the proposals, applications and complaints of citizens and consider and respond to them in accordance with the procedures and terms established by this Law.
When looking at citizens' appeals, the subjects in charge and their officials should act as follows:
- ensure objective, thorough and timely consideration of the appeal;
- learn the essence of the issue and demand the necessary documentation for its solution;
- inform the citizens about the outcome of the appeal and provide explanations on the reasons for the complaint;
- make substantiated decisions about appeals and timely and proper execution of these decisions.
A citizen is prohibited to be pursed when submitting the appeal criticizing the activities or work of state bodies and their officials, political parties, trade unions and other public associations and or for the restoration and protection of the rights and freedoms of a citizen or other person.
During consideration of the appeals, the disclosure of the information on solution of the issue received by the subjects in charge of appeals and their officials, including the disclosure of the information generated by the state secrets and other legally protected information (with the exception of sending a written appeal to the subject in charge and other officials), as well as the collection, storage, use and dissemination of personal data, including personal information of a particular category which is not related to the solution of the appeal is prohibited.
The rights of citizens during appeals’ processing
A citizen whose appeal is under consideration has the following rights:
- to submit additional documents and materials for a complete and thorough investigation of the appeal or to request the receipt of such documents (including in electronic form) by the subject in charge of appeal;
- to request through application for termination of appeal;
- to attach documents on the outcome of consideration of the first appeal to the repeated written appeal;
- to request to acquire public information and personal information;
- to get acquainted with the documents and materials related to consideration of appeal, provided that the documents and materials on the consideration of the appeal do not address the rights and legitimate interests of other persons or do not relate to the information constituting state secrets or other information protected by law;
- to receive information about the registration number and date of receipt of the appeal and the registration number and the date of receipt when sent to other authority;
- to get a written reply to the appeal or information on the appeal when sent to other authority;
- to appeal against the decision in the administrative and (or) judicial proceedings, if disagree with the decision made on the appeal;
- to require to ensure a confidentiality of documents or information that constitutes a secret for the family and private life of a citizen in the appeal’s content, as well as a professional or commercial secret.