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Decision of the Cabinet of Ministers of the Republic of Azerbaijan On approving the “Regulations on conducting public hearing and public discussion of draft legal acts prepared by the central and local executive authorities and local self-government bodies”

DECISION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF
AZERBAIJAN
On approving the
‘Regulations on conducting public hearing and public discussion of draft legal acts
prepared by the central and local executive authorities and local self -government bodies ’
With an aim to ensure the enforcement of item 1.1.6 of the Decree #89 of the President of
the Rep ublic of Azerbaijan of 16 January 2014 ‘On implementation of the Law of the Republic
of Azerbaijan # 816- IVQ of 22 November 2013 “On Public Participation” ’, the Cabinet of
Ministers of the Republic of Azerbaijan decides:
1. “To approve the Regulations on conducting public hearing and public discussion of draft
legal acts prepared by the central and local executive authorities and local self -government
bodies ” (attached).
2. This decision shall enter into force on 1 June 2014.

Artur Rasi-zade, Prime -minist er of the Republic of Azerbaijan

Baku, 30 May 2014
#172

Approved
by the Decision # 172 of the Cabinet of
Ministers of the Republic of Azerbaijan
dated 30 May 2014

REGULATIONS
on conducting public hearing and public discussion of draft legal acts prepared by the
central and local executive authorities and local self -government bodies

1. General provisions
1.1. These Regulations are prepared in accordance with Article 19 of the Law “On Public
Participation” of the Republic of Azerbaijan (hereinafter – the Law) and they define the rules for
conducting public hearing and public discussion of draft legal acts prepared by the central and
local executive authorities and local self -gover nment bodies.
1.2. An initiator of a public hearing and public discussion on the draft legal acts prepared by
central and local executive authorities and local self -government bodies can be central and local
executive authorities and local self -government bodies themselves , civil society institutions,
public councils and individuals.
1.3. A public hearing on the draft legal acts prepared by central and local executive authorities
and loca l self-government bodies is a meeting held with participation of the authorized
representatives of the relevant bodies, civil society institutions, individual s, specialists and
experts with an aim to hold public consultation on those draft legal acts and inform the citizens.
1.4. A public discussion of the draft legal acts prepared by central and local executive authorities
and local self -government bodies is a meeting held with participation of the authorized
representatives of the relevant bodies, ci vil society institutions, individuals, specialists and
experts with an aim to enable different strata of the population to prepare proposals on relevant
issues in course of adoption of legal acts of public importance by those bodies.
2. Organiz ation of public hearing on the draft legal acts prepared by central and local
executive authorities and local self -government bodies
2.1. Public hearing and public discussion of the draft legal acts prepared by central and local
executive authorities and local sel f- government bodies shall be organized by the relevant
structural units that prepare these drafts with participation of legal services of the central and
local executive bodies .
2.2. For organization of public hearing and public discussion of the draft legal acts prepared by
central and local executive authorities and local self -government bodies :
2.2.1. each of them shall devote a special section on its official website and within this site shall
provide a link to “e -government” portal;
2.2.2. central executive body shall place its draft of normative-legal acts since the moment when
they are sent for coordination in a special section of its official website and shall place it in the
“e -government” portal;

2.2.3. local self -government bodies shall place its draft of normative -legal acts since the moment
when they are sent for coordination in a special section of its official website;
2.2.4. it shall be ensure d that the drafts remain in a special sections of the ir official website for
60 days so that civil society institutions , individual s, specialists and experts provide their
opinions, remarks and suggestions ; and for 10 days in cases when superior executive authorities
define 3 month or less period for preparation of a draft normative -legal act ;
2.2.5. information about the purpose of enforcement of which act of the President of the
Republic of Azerbaijan the draft is adopted, the schedule and location of public hearings and
duration of public discussion, rules of conduct ing them, rules for submission of opinions,
remarks and suggestions , timeframes for their review and for announcing the results shall be
placed in the special section of the official web site of the central executive body along with the
draft of the normative -legal act;
2.2.6. information about the basis of which normative -legal act the draft is adopted and
respective norm of the said normative -legal act, the schedule and location of public hearings and
duration of public discussion, rules of conducting them, rules for submission of opinions,
remarks and suggestions , timeframes for their review and announcing the results shall be placed
in the special section of the official web site of the local self -government body along with the
draft of the act of normative natur e;
2.2.7. It shall be ensure d that opinions, remarks and suggestions to the draft legal act by civil
society institutions and individual s, specialists and experts i s stored in a special section of its
official website and that there is a possibility for other users to familiarize with the se opinions,
remarks , and suggestions;
2.2.8. It shall be ensured that the results of reviewing the opinions, remarks and suggestions to
the draft are disclosed to the society and , if any changes are made to the draft by taking into
account the opinions, remarks and suggestions , and that a revised version of the act is placed in
the official web site of the said body;
2.2.9. Official notification shall be sent to the representatives of relevant state and local self –
government bodies at public hearings and public discussion to ensure their participation and
inform about time and location of the public hearings and public discussion;
2.3. A justification for adoption of the draft legal act as well as assessment of the impact of legal
regulation shall be added to the draft legal act which is submitted for a public heari ng or public
discussion. If draft legal acts that are to be submitted to the President of the Republic of
Azerbaijan anticipate the use of state budget funds, the opinion of the financial expert ise of the
Ministry of Finance of the Republic of Azerbaijan ( upon receiving it) must also be attached .
2.4. It shall be ensured that specialists and experts in the relevant field are attracted to public
hearings and public discussion.
3. Conducting public hearing and public discussion on the draft legal acts prepared by
central and local executive authorities
3.1. Public hearing and public discussion of the draft legal acts prepared by central and local
executive authorities shall be held openly . Any citizen with a capacity to act and civil society
institution s may participate and share opinion about the issue discussed.
3.2. In course of conducting public hearing and public discussion of the draft legal acts prepared
by central and local executive authorities, opinions, remarks and suggestions of the civil society

institutions, individuals, specialists and experts that are not legally grounded shall not be taken
into consideration.
3.3. In course of conducting public hearing and public discussion of the draft legal acts prepared
by central and local executive authorities, the following opinions, remarks and suggestions of the
civil society institutio ns, individuals, specialists and experts shall not be taken into consideration:
3.3.1. opinions, remarks and suggestions that contradict to legal acts which have higher legal
force ;
3.3.2. opinions, remarks and suggestions that contradict to the main principles of activity on
norm forming e nvisaged by Article 8 of the Constitutional Law of the Republic of Azerbaijan
” On n ormative legal acts”;
3.3.3. opinions, remarks and suggestions that may lead to factors of abuse in the draft legal act;
3.3.4. opinions, remarks and suggestions that only defend the interests of a specific group by
taking into account the principle that little is covered by many ;
3.3.5. opinions, remarks and suggestions that do not fall within the scope of legal regulation;
3.3.6. if there are already legislative norms that fully encompass the ideas given in the opinions,
remarks and suggestions .
3.4. The proposals to draft of legal acts prepared by central and local executive bodies made at
the public hearing and public discussion shall be studied in accordance with the Law of the
Republic of Azerbaijan “O n considering citizens’ appeals “. Relevant opinions, remarks and
suggestions shall be included into the draft if they do not contradict the requirements defined by
article 3.3 of the se Regulation s and are considered expedient from the perspective of econom ic,
financ ial, social, environment al and other issues.
3.5. If the opinions and recommendations made at the public hearing and public discussion on
the draft legal acts prepared by central and local executive bodies are not considered expedient in
accordance with article 3.3 of these Regulations, a reasoned reply shall be sent or submitted
personally to the person who made the opinion and recommendation.
3.6. Other issues on conducting public hearing and public discussion of draft legal acts prepared
by the central and local executive bodies , shall be carried out in accordance with the
requirements specified in Articles 13 and 14.
4. Final documents of public hearing and public discussion of draft legal acts prepared by
the central and local executive bodies
4.1. A final document of a public hearing of draft legal acts prepared by the central and local
executive bodies shall be adopted in a form of summary of main opinion, comment and
recommendation made during the hearing .
4.2. A final document of a public discussion of draft legal acts prepared by the central and local
executive bodies shall be adopted in a form of opinion and suggestion.
4.3 Final documents of a public hearing and public discussion of draft legal acts prepared by the
central and local executive bodies shall meet the requirements set forth in Article 15 of th ese
Regulation s.

5. Organization and conducting of public hearings and public discussion on legal acts
prepared by local self -government bodies
5.1. Organization, conducting and adoption of a final document of a public hearing and public
discussion on legal acts prepared by local self -government bodies shall be carried out by taking
into account the particularities in item 5.2 of these Regulation s and in accordance with parts 2
and 4 of these Regulation .
5.2. The following features shall be taken into account when organizing and conducting a public
hearing and public discussion on legal acts prepared by local self -government bodies :
5.2.1. citizens and civil society institutions residing or operating in the territory of a relevant
municipality may participate in a public hearing and public discussion of the said legal acts;
5.2.2. a public hearing and public discussion on the said legal acts shall be organized by relevant
commissions that prepar ed those drafts with the participation of the standing commission on
legal issues of local self -gove rnment bodies.
5.2.3. the standing commission on legal issues of local self -government bodies or a municipality
member or employee defined by the municipality chairman shall implement the measures
envisaged in subitems 2.2.1, 2.2.3, 2.2.4, 2.2.6 – 2.2.9 of the se Regulation s with the purpose to
organiz e a public hearing and public discussion of the draft legal acts.
5.3. The drafts that touch upon the issues going beyond the competence of municipalities as
provided for b y the Constitution and the legislation of the Republic of Azerbaijan, the issues on
secession of municipal ity from the region’s and city’s administrative territory , on declaring
autonomy, on changing the boundaries of municipality as set by the government cannot be
brought for a discuss ion at a public hearing and a public discussion.

Translated by MG Consulting

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