"ACTION PLAN FOR THE IMPLEMENATIO OF THE NATIONAL STRATEGY"
ACTION PLAN FOR THE IMPLEMENATION OF THE NATIONAL STRATEGY ON INCREASING TRANSPARENCY AND COMBATING CORRUPTION (2007-2011) I. In the area of improving legislation Name of the measure Activities to be undertaken and expected Responsible body Partner Implementat Financial outcomes for organizations ion Period sources implementation 1. Continuing undertaking - conducting general assessment for Cabinet of NGOs, 2008 measures for the implementation compliance with conventions and Ministers, independent into the national legislation of preparation of the final reports Commission on experts, the conventions of the UN and - preparation of the draft normative Combating international CoE as well as of other legal acts for the compliance of the Corruption, partners 2007-2008 international treaties in the area legislation with the international Ministry of of combating corruption documents Justice, other relevant agencies 2. Preparation of the draft - Preparation of the draft law on NGOs, Jan.-Mar. legislative acts or proposals in legal persons’ liability Cabinet of independent 2008 the area of combating corruption - Preparation of the draft law on Ministers, experts, Nov.-Dec. conflict of interests in the activity Executive Office international 2007 of civil servants and other public of the President partners, Group officials on improvement - Preparation of the proposals to the of the Criminal draft law on prevention of the Code 2007 legalization of the illegally obtained funds or other property and the financing of terrorism - Preparation of the legislative proposal on protection of the 2008 whistle-blowers on corruption cases - Undertaking relevant measures to 2007-2008 approve declaration form on financial disclosure of public officials - Preparation of the proposals for Recommended: 2008 improvement of the legislation Milli Majlis aimed at developing monitoring mechanisms in the area of financing political parties and transparency of expenditures - Adoption of the Code of Competition 2007-2008 - Adoption of the Administrative Procedural Code 3. Conduct of expertise of the - assessment of the normative legal Cabinet of NGOs, Constant State normative legal related to acts in force as well as normative Ministers, independent budget II. In the area of activity of state and self-governing bodies 7. Specification of the authorities - Conduct of expertise of Charters Cabinet of 2007-2011 of the government agencies and of government agencies and of Ministers, continuing efforts to eliminate other normative legal acts Executive Office duplications in their activities regulating their activity of the President, - Elimination of the duplications in Ministry of the activity of government Justice, other agencies, as well as providing relevant legislative and other proposals government with the purpose of the increasing agencies efficiency of the government agencies - Clear identification of authorities of the government officials in the charters of agencies which are part of state body structures - Prevention of the implementation of both regulatory and commercial functions by the same agency 8. Improving processing of the - Preparation of the proposals on Cabinet of NGOs, June 2008 applications, references and improving rules for processing of Ministers, Central independent complaints in connection with applications, references and and local experts, the corruption related violations complaints executive international - Conduct of the efficient authorities partners Regularly investigation of the references and Recommended: complaints courts, General - Organization of the receipt of the Prosecutor’s references and complaints through Office, Judicial- 2008-2009 e-mail Legal Council, municipalities 9. Improving system of filing - Undertaking measures to develop Cabinet of International After State complaints on administrative institutional mechanisms for the Ministers, partners adoption of budget decisions enforcement of the Administrative Executive Office the and other Procedures Code of the President Administrati sources - Conduct of relevant training for Recommended: ve not civil servants and judges after the Supreme Court, Procedures prohibited adoption of the Administrative Judicial-Legal Code by the Procedures Code Council legislation 10. Improving use of freedom of - Improving rules and forms for Central and Local NGOs, 2007-2009 State information access to information executive independent budget - Improving activity of units in authorities experts, and other charge of accessing to information Recommended: international sources - Conduct of training in this area courts, General partners not - Preparation of proposals related to Prosecutor’s prohibited III. Agencies specialized in combating corruption, law enforcement agencies and courts 1. Improving activity of the specialized agencies in combating corruption 25. Improving activity of the - Organization of the professional Commission on NGOs, Constantly State Commission on Combating trainings for the staff of the Combating independent budget and Corruption Secretariat of the Commission and Corruption experts, other members of the Working Groups international sources not - Engagement of the representatives partners, media prohibited of the civil society institutions, by the private sector, mass-media and legislation academia - Strengthening relations with international partners and participation in the international initiatives - Conduct of surveys and monitoring, analyzing the results and undertaking appropriate measures - Preparing proposals on strengthening the material- technical resources of the Secretariat of the Commission on Combating Corruption - Preparing proposals on improving the activity of the Commission 26. Improving the activity of the - Ensuring the Department is General 2007-2008 State Anti-Corruption Department of provided with full staff Prosecutor’s budget and the General Prosecutor’s Office - Engaging personnel of the Anti- Office other Corruption Department to the Recommended: sources not specialized trainings in the area of Cabinet of prohibited combating corruption Ministers by the - Ensuring the Department has a 2007-2008 legislation new building and strengthening its logistics 2. Improving the activity of law enforcement agencies 27. Improving cooperation among - Undertaking measures for the General 2007-2008 the agencies conducting criminal efficient organization of the Prosecutor’s investigation of the corruption mutual cooperation among the Office related violations agencies Recommended: - Ensuring efficient information and Ministry of Regularly experience sharing among the Interior, Ministry agencies with the use of the new of National technology Security, Ministry - Establishment of the single of Taxes 2008 database of the corruption related crimes 28. Increasing the professionalism of - Specialization of the relevant General NGOs, Regularly as State the personnel of the law employees in the detection, Prosecutor’s independent of January budget and enforcement agencies investigation and prosecution of Office experts, 2008 other the corruption related crimes Recommended: international sources not - Conduct of criminal prosecution of Ministry of partners, prohibited corruption related crimes by Interior, Ministry by the specialized employees of National legislation - Organization of education and Security, Ministry training courses on criminal of Taxes prosecution of the corruption related crimes and on newly adopted legislation in this area - Establishment working groups consisting of the staff of the training centers of the law enforcement agencies, development of the joint training programs on investigation of the corruption related crimes - Learning and applying international experience in the area of prosecution of corruption related crimes 29. Strengthening of operational - Wider use of operational- General International 2008-2009 State investigation measures for the investigation measures in the Prosecutor’s partners budget detection of corruption related detection of the corruption related Office crimes crimes Recommended: - Strengthening cooperation among Ministry of the subject of the operational Interior, Ministry investigation activity and conduct of National of joint trainings Security - Preparing proposal on improving 3. Improving activity of the judges and courts 31. Improving publishing court - Placing court decisions on the web Recommended: International Regularly decisions pages and regular update of the Supreme Court, Partners information Appellate Courts 32. Improving legislation regulating - Reconsideration of the grounds for Recommended: International 2008 the activity of courts and judges, involving judges to administrative Judicial-Legal Experts including making judges subject liability Council to administrative liability - Learning international experience - Preparation of the relevant draft normative legal acts 33. Undertaking measures to - Increasing monitoring of the Ministry of International Regularly improve enforcement of the enforcement of the court decisions Justice Partners court decisions by the same judges who took those Recommended: decisions Courts - Elimination of the existing shortcomings - Punishing employees responsible for shortcomings during the enforcement of the court decisions - Preparing draft changes to the legislation in connection with enforcement of court decisions 34. Improving advocate activity - Improving material-technical Cabinet of International 2008-2011 State resources of the Collegiums of Ministers Partners budget and Advocate other - Increasing payments of advocates 2008 sources not for the state provided legal prohibited assistance by the - Adoption of the code of ethics of Recommended: 2007 legislation the advocates Collegiums of Advocates IV. Economic and Social Sphere 1. Entrepreneurship development and improving privatization 35. Measures on entrepreneurship - Development and strengthening of Ministry of International Regularly development the protection system of the Economic Partners entrepreneurs’ investment activity Development, - Increasing opportunities to benefit relevant from credits for entrepreneurs government - Prevention of the illegal agencies intervention by government agencies into the activity of entrepreneurship subjects - Identifying problems of entrepreneurs arising as a result of the relations with the government agencies and undertaking measures for their solution - Studying and analyzing reports on Azerbaijan developed by international organizations in the economic sphere, preparation of the proposals as a result 36. Improving privatization - Ensuring the equal right Cabinet of International Regularly procedures participation of all parties in the Ministers, Partners privatization process State Committee - Preparation of proposals on for Management improving procedures for the of State Property conduct of the state auctions - Undertaking measures to prevent conflict of interests in the privatization process 37. Undertaking measures to - Improving provision of State Committee International Regularly increase transparency at the information about the privatization for Management Partners privatization process of State Property - Increasing transparency in the selection of the independents advisors (experts) to be engaged for the organization of the privatization process 2. Improving financial monitoring 38. Improving activity of the - Preparation of the proposals on Chamber of International 2008-2009 agencies in charge of conducting concretization of the authorities of Accounts, Partners financial monitoring and the agencies conducting financial Chamber of increasing their transparency monitoring and on improving Auditors mechanisms of financial monitoring - Identification of the justified normative for budget expenditures in all spheres - Preparation of proposals on legislation regulating budget system and on improving budget content - Preparation of proposals on development and execution of the local budget, as well as on monitoring procedures and mechanisms for compliance of the spent funds with the approved budget indicators 3. Improving state procurement 39. Provision of the fair competition - Increasing monitoring of the State Agency for International 2007-2009 and equal right participation in financial agencies over the Procurement, Partners state procurement payments under the state Ministry of procurement contracts Finances, - Development of the mechanism Ministry of limiting future participation in Justice state procurement of legal persons and individuals who were responsible for violations in the in the contests held under state procurement contracts and in the execution of the procurement contracts - Undertaking appropriate measures for the immediate consideration of the complaints to protect rights of plaintiffs participating in the state procurement contests - Informing law enforcement agencies about the discovered fact of corruption in state procurement - Preparation of proposals for the assessment of the efficiency of the condition of state procurement and of the system of state procurement; on improving existing legislation 40. Increasing transparency in state - Using Internet services for the State Agency for International 2007-2009 State procurement wider attraction of the participants Procurement Partners budget and to the state procurement contests other and publication of the information sources not on the results of the contests prohibited - Undertaking measures to organize by the electronic state procurement legislation 41. Increasing professionalism in - Preparation of the information Cabinet of International Regularly State state procurement brochures on state procurement Ministers, other Partners budget and - To increase level of proficiency of relevant state other the experts engaged in agencies sources not organization and conduct of the prohibited electronic state procurement, by the arranging specialized training for legislation them - Increasing responsibility of the tender commissions in the 4. In the area of state registration of the estate property 42. Increasing transparency in state - Preparation of proposals on Cabinet of International 2008 State registration of the estate property simplification of rules and periods Ministers, State Partners budget and for the registration of the estate Service for Estate other property rights, acquisition of the Property sources not technical passport of the estate Registration prohibited property, abstract of state record, by the for the limitations for the legislation acquisition of the references from the state registry; elimination of the artificial obstacles in these processes - Ensuring the possibility to acquire information and documents from the state registry through Internet network 5. Prevention of legalization of the assets acquired at the result of corruption 43. Prevention of legalization of the - Provision of the cooperation and Cabinet of International Regularly assets acquired at the result of information sharing among the Ministers, other Partners illegal activity and strengthening agencies combating money relevant institutional mechanisms laundering government - Improving mechanisms for agencies registration and recording of the financial operations - Undertaking measures to increase volume of non-cash payments among the actors of civil circulation 44. Implementing international - Instructing relevant employees of Cabinet of International 2008-2009 State standards on prevention of the government agencies on Ministers, other Partners budget and financing of terrorism and measures against money relevant other money laundering laundering government sources not - Informing financial institutions agencies prohibited and relevant government agencies by the on international standards and legislation organization of trainings for them - Undertaking measures for the implementation of Financial Activity Task Force (FATF) 6. Improving audit service 45. Implementation of the - Preparation of manuals and Cabinet of International 2008-2009 international audit standards recommendations regulating Ministers, other Partners activity of the internal audit relevant service in accordance with government international standards agencies - Complying the monitoring system Recommended: over the auditors’ activity with the Chamber of international standards Auditors 46. Increasing the quality of the - Preparation of the normative legal Cabinet of International 2008-2009 audit service acts on increasing the auditors’ Ministers, other Partners responsibility relevant - Improving normative legal government database regulating activity of the agencies internal audit service Recommended: - Ensuring transparency in Chamber of accountancy and financial reports Auditors of commercial subjects 7. Improvement license and permission granting process 47. Improvement work of state - Preparation of recommendations Cabinet of International 2008-2009 bodies in issuing licenses and for simplification of terms and Ministers, other Partners ensuring transparency conditions of license issuing relevant agencies process - Preparation of recommendations for transition of consent functions (registration, granting licenses, approvals, certificates, etc) to electronic system 8. Improving taxation and customs work 48. Increasing efficiency of tax - Computerization of selection Cabinet of International 2008-2009 control and inspections process of tax audit Ministers, Partners - Application of automation system Ministry of Taxes for formalization of tax control and results - Preparation of standard indicators system and software program for implementation of cameral and mobile tax inspections - Improving complaint mechanism against decisions of tax bodies - Organization of control over implementation decisions made by tax bodies - Taking actions to prevent cases of evasion by entities which are subject to compulsory audit according to legislation 49. Simplifying provision of - Creating access to information on Cabinet of NGOs, 2007-2009 necessary information to budget accounts through internet Ministers, independent taxpayers for taxpayers Ministry of Taxes experts, - Creating access to taxpayer’s International information via Internet which is partners not considered a commercial secret - Presenting electronic submission of tax declarations through Internet - Taking actions to adapt the work of tax bodies to the International Monetary Fund’s code on the best practices on transparency in taxes 50. Improving process of customs - Creating information service on State Customs International 2007-2009 tariffs and fees accumulation customs tariffs and fees in customs Committee Partners offices - Posting information on customs tariffs and fees on a webpage - Transition to non-cash payment system for customs transactions - Improving complaint mechanism against decisions of customs bodies - Organization of effective control 9. Improving health system 51. Gradual application of - Preparation of recommendation for Cabinet of International 2008-2010 State compulsory insurance improvement of legislation on Ministers, Partners budget and compulsory insurance Ministry of other - Determination of institutional Health, Ministry sources not mechanisms for implementation of of Justice, prohibited compulsory insurance Ministry of by the - Application of compulsory Finance legislation insurance 52. Actions related to determination - Preparation of recommendations Cabinet of NGOs, 2008-2010 State of doctors’ status and material- on doctors’ status Ministers, independent budget and technical resource base - Implementation of doctors’ Ministry of experts, 2008 other recruitment based on transparency Health, Ministry International sources not and competition of Justice partners prohibited - Adoption of rules of behavioral 2008 by the ethics for doctors legislation - Raise of doctor’s salaries and 2008-2011 strengthening of social security 10. Improving education system 53. Improving management - Improving mechanism of Ministry of NGOs, Regularly mechanism in educational conducting examinations, ensuring Education independent institutions transparency and strengthening experts, public monitoring International - Increasing efficiency of partners 2008 complaints resolution mechanism in educational institutions 54. Actions related to determination - Preparation of recommendations Cabinet of NGOs, 2008-2010 State of teachers’ status and material- on teachers’ status Ministers, independent budget and technical resource base - Implementation of teachers’ Ministry of experts, 2008 other recruitment based on transparency Education International sources not and competition partners prohibited - Adoption of rules of code of ethics 2008 by the for for teachers legislation - Raise of teachers’ salaries and 2008-2011 strengthening social security V. Public awareness and cooperation 55. Bringing information to public - Conducting workshops, Cabinet of NGOs, Regularly State attention on the actions geared conferences and seminars, public Ministers, independent budget and towards combating corruption hearings Commission on experts, other and implementation of the - Preparation of educational Combating International sources not National Strategy publications, films, drawings and Corruption, partners, mass prohibited other aids Ministry of media by the - Conducting interviews and Education, central legislation discussions with government and local officials by mass media executive bodies, - Inclusion of training courses on Television and anti-corruption struggle into Radio curricula of higher and special Broadcasting education schools, training centers Closed Joint and centers for improving Stock Society, professional skills Prosecutor- General’s Office, Judicial-Legal Council, Ombudsman 56. Increasing role of civil society - Involvement of NGOs, private Cabinet of NGOs, Regularly State institutions in implementation of businesses and other stakeholders Ministers, independent budget and the National Strategy in the implementation of the Commission on experts, other National Strategy Combating International sources not - Implementation of courses and Corruption, partners, mass prohibited trainings to increase central and local media, Press by the professionalism, ethics and executive bodies, Council legislation responsibilities of journalists that other relevant specialize in the field of combating bodies are corruption recommended: - Supporting initiatives of civil Prosecutor- society institutions related to the General’s Office, implementation of the National Judicial-Legal Strategy Council, Ombudsman 57. Implementing cooperation in the - Cooperation with international and Cabinet of NGOs, Regularly field of combating corruption regional organizations and Ministers, independent participation in various Commission on experts, international programs and Combating international projects with a purpose of Corruption, partners implementing actions of the central and local National Strategy executive bodies, - Continuing cooperation with other relevant international organizations and bodies are VI. Monitoring system for implementation of the National Strategy 58. Actions implemented by the - Preparation of annual plan by Relevant state By state bodies related to central executive bodies and its bodies December implementation of the National submission to the Commission on 20th of each Strategy Combating Corruption year - Submitting information on the implementation status of the By 30th National Strategy by the central December and local executive bodies to the and 30th Commission on Combating June of each Corruption and the Cabinet of year Ministers every six months - Submitting information on the implementation status of the By 30th National Strategy by other December agencies responsible for its and 30th implementation to Commission on June of each Combating Corruption every six year months 59. Actions related to - Assessment of implementation Cabinet of By January implementation of the National status of the National Strategy Ministers, 30th and Strategy taken by Commission actions conducted by Commission Commission on July 30th of on Combating Corruption and on Combating Corruption and the Combating each year the Cabinet of Ministers Cabinet of Ministers Corruption - Conduct of monitoring process with a purpose of inspection of implementation status of the NGOs, 2008-2011 National Strategy by Commission international on Combating Corruption partners - Preparation of annual report on combating corruption Commission on Combating Corruption NGOs, By January - Providing information on actions international 30th of every implemented in the field of partners year combating corruption within the annual reports of the Cabinet of Ministers of Azerbaijan Republic 2008-2011 to Milli Majlis of the Republic of Azerbaijan