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Fighting Corruption In Transition Economies: Azerbaijan
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This understanding has doing a ad d to feel itself from maximum las. Your Web book Fighting Corruption in Transition has considerably emphasized for previouscarousel. Another important aspect of this decree is that it assigned tasks to relevant authorities to prepare the draft law and the State Program on Combating Corruption. Commission on Combating Corruption is set up according to the article 4. Commission is composed of 15 members. The statute of it approved by the Law of Azerbaijan Republic dated May 3, defines the authorities of the Commission.
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Commission on Combating Corruption CCC is the main organization and government body which is responsible for policies and prevention measures to fight against corruption. CCC is also responsible for making progress and action plans according to the requirements of the international organizations Azerbaijan has joined with the purpose of eliminating corruption. Azerbaijan has also adopted National Action Plan for on Promotion of Open Government hereinafter Action Plan which addresses anti-corruption, through public consultations with the help of proposals of several NGOs.
Directorate General - is a body specialized in the field of preliminary investigation conducted on the corruption crimes, and is subordinated to the Prosecutor General of the Republic of Azerbaijan. Corrupt practices, including nepotism and cronyism, were widespread in civil service recruitment in Azerbaijan until Azerbaijan did not have the necessary legislative and institutional basis to prevent corruption in one of the most important sectors of public administration. The widespread practice used in the recruitment of personnel was based on recommendations and bribes. In addition, Azerbaijan did not have a merit-based recruitment system and the Chief Executives of the executive bodies had wide discretion in appointing any personnel.
In , the Civil Service Commission CSC was established by Presidential Decree, with the commission legally authorized to conduct civil service recruitment and to place candidates in state positions in a centralized manner based on competition and objective evaluation OECD Istanbul Anti-corruption Action Plan, Furthermore, the CSC has powers to audit the ethics compliance of civil servants and to implement state policy on supplementary education, attestation and the social protection of civil servants. The CSC has reduced the risk of corruption and has prevented the use of personal affiliations in the civil service recruitment system.
Some loopholes are still present in the recruitment system: the OECD Anti-Corruption Network has pointed out that new preventive regulations should also cover the recruitment of high-level civil servants. Issues of corruption in public service delivery were one of the problematic areas within the public sector. Citizens faced administrative burdens and bureaucratic barriers in obtaining basic public services. In some situations, citizens were extorted to pay bribes to obtain public services. It was the first one-stop-shop service delivery model in the world to provide the services of various state bodies rather than only the services of one state body.
All services are provided by the employees of the 10 state bodies under one roof, based on the standards of the ASAN service. Employees of the ASAN service monitor the work of the state bodies, check for compliance with ethics rules and manage the queue system. Monitoring report by OECD has praised Azerbaijan "for advancing Azerbaijani Service and Assessment Network ASAN centers, which has contributed to eliminating the conditions that are conducive to corruption when delivering various administrative services to the public".
A similar institution is planned to be established in Afghanistan as well. The Judicial-Legal Council JLC , established in , is an independent body and has organizational and financial independence. It is financed from the state budget and its prospective year's budget cannot be less than the previous year's budget. The JLC has 15 members, nine of whom are judges, while five are from the Prosecutor General's Office and the Bar Association of the Republic of Azerbaijan, and one member is from the executive body. The JLC has the competence to carry out the selection of candidate judges and to undertake evaluation, promotion and transfer of judges.
Those members of the JLC who are not judges are also granted immunity. The JLC has the authority to bring judges to account in terms of disciplinary liability; to discuss the issue of terminating the term of judges; and to propose this course of action to the relevant state body. Furthermore, the JLC has the right to endorse the Prosecutor General's Office to initiate criminal proceedings against judges and to temporarily suspend them from their position. The JLC also analyzes the activities of judges and the organization of the courts; submits proposals regarding the improvement of legislation related to courts and judges; and arranges specialized courses, and relevant seminars and training to raise the level of professionalism of judges.
This Committee is composed of 11 members, who include judges, JLC staff, representatives of the respective executive body and the Prosecutor General's Office, defence lawyers and academics. The main anti-corruption law, the Law of on Combating Corruption , which defines the directions of the fight against corruption, was adopted on 13 January This law, which consists of the following four chapters, defines the main principles and framework for fighting against corruption: i general provisions; ii prevention of corruption; iii criminalization of corruption; and iv removal of the proceeds of corruption offences.
This law explained the notion of corruption; introduced a list of corruption offences stipulating that these offences will give rise to civil, administrative and criminal liability ; identified specialized anti-corruption agencies ACAs ; and regulated the general rules on asset declarations, the rule of restrictions on gifts and the prohibition on working together for those who are next of kin.
In , a new chapter on corruption offences was added to the Azerbaijani Criminal Code.
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UNCAC's Article 17 Embezzlement, misappropriation or other diversion of property by a public official and Article 22 Embezzlement of property in the private sector are criminalized in the Azerbaijani Criminal Code along with Article Fraud and Article Misappropriation and embezzlement of property. Very few states have introduced this corruption offence to their criminal legislation: different controversies about this issue include the point that a reversal of the burden of proof is used in illicit enrichment Dionisie and Checchi, It is important to note that the reversal of the burden of proof is contrary to the principles of the presumption of innocence and the protection of property, as laid down in the European Convention on Human Rights Huseynov, In addition, the Azerbaijani Criminal Code criminalizes the laundering of the proceeds of crime and its concealment: this legislation fully complies with the mandatory obligation arising from UNCAC's Article 23 Laundering of proceeds of crime and Article 24 Concealment.
Article of the Criminal Code includes two crimes on money laundering. Firstly, the Criminal Code criminalizes the concealment of the real source, disposition, movement or ownership of the rights to money resources and other property, knowing that they have been obtained through illegal acts. Secondly, the Criminal Code criminalizes the carrying out of financial operations, the conversion or the transfer of proceeds of crime. The Criminal Code provides for the criminal liability of legal persons with criminal charges incurring the following: sanctions, confiscation, depriving a legal person of the right to engage in certain activities, or liquidation of a legal entity.
Even though Azerbaijan's national domestic legislation on the criminal liability of legal persons is advanced, it is not functional as no specific procedures on the criminal liability of legal persons have been adopted in the Criminal Procedure Code.
The Criminal Code is not self-executing law: each liability or measure in the Criminal Code has to be regulated with the Criminal Procedure Code. Article 75 of the Azerbaijani Criminal Code indicates that a person shall be released from criminal liability if the following time limits have expired since the commission of the act:.
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The Criminal Code specifies that the limitation period is to be counted from the day the crime is committed to the time the court verdict is entered. If a new crime is committed, the limitation period for each crime should be counted separately. The statute of limitations should be stopped if the accused is evading the investigation for the court trial. UNCAC's Article 5 Preventive anti-corruption policies and practices requires member states to develop and implement or to maintain effective, coordinated anti-corruption policies.
In the last 10 years, the Azerbaijani government has adopted five anti-corruption programs:.
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All state programs and action plans were adopted with Presidential Decrees. In the state programs, key anti-corruption laws were adopted; the specialized ACAs began functioning; reforms were implemented in state institutions; and efficient cooperative relationships with CSOs were established. Azerbaijan has ratified all international documents on the fight against corruption.
The implemented reforms have positively impacted on economic development, with Azerbaijan becoming a world leader in gross domestic product GDP during — As a result of the measures implemented to strengthen financial control, the state budget was dramatically increased. Within Azerbaijan's national anti-corruption strategies, national legislation was brought into line with the requirements of international conventions on the fight against corruption.