BAKU, Azerbaijan, April 14. President of the Republic of Azerbaijan, Ilham Aliyev, has signed a law amending the "On Combating Corruption," Trend reports.
Following the amendments to the document, the key terms used in this law are defined as follows:
Corruption refers to the illegal solicitation or acceptance of material and other benefits, privileges, or concessions by officials, leveraging their official status, the status of the organization they represent, their official powers, or the opportunities that arise from these powers and statuses. It also includes accepting offers or promises related to these benefits. Additionally, it encompasses the illegal offering or promise of such material benefits, privileges, or concessions by individuals or legal entities to officials.
Corruption risk is the likelihood of committing corruption offenses or engaging in actions that create conditions conducive to corruption.
Corruption risk management involves identifying corruption risks and setting objectives to mitigate these risks. It includes analyzing, assessing, and implementing measures to prevent and control these risks.
Authorized structural unit (person) refers to one or more designated units or individuals tasked with receiving and investigating reports of corruption-related offenses. They also provide confidential guidance on conflict of interest and corruption prevention matters, as well as oversee the management of corruption risks.
Under the document, the head of the organization (or body) is responsible for designating an authorized structural unit (or individual) to manage corruption risks. Specialists with expertise in areas requiring specialized knowledge may also be involved in the corruption risk management process.
The organization (or body) is required to conduct an identification, analysis, and assessment of corruption risks for the previous year, between January 15 and April 15 each year. Based on the summary of complaints received regarding corruption-related offenses, the unit or subordinate organization that receives the highest number of such complaints may, at the discretion of the head of the organization (or body), conduct additional risk identification, analysis, and assessment during other periods.
In identifying, analyzing, and assessing corruption risks, the following factors are considered:
- Results of surveys conducted among legal entities and individuals;
- Applications received regarding corruption-related offenses and the outcomes of investigations based on these applications.
The following information is considered in the identification of corruption risks:
- Information disseminated through the media, as well as on internet-based information resources or telecommunication networks, and any other information where the source is known;
- Legal acts that regulate the activities of the organization (or institution);
- Results of state financial control measures, external state financial audits, or both mandatory and voluntary audits;
- Circumstances inherent to the organization's (or institution's) activities that foster conditions conducive to frequent corruption;
- The number of administrative disputes handled in administrative court proceedings related to the organization's (or institution's) operations, the nature of these disputes, and the decisions made.
By June 1 of each year, the organization (or institution) is required to submit a report to the Commission detailing corruption risks, the targets set to address these risks, the results of the risk assessment, and the measures taken during the current year. Additionally, the report must include information about actions taken regarding measures established in the previous year. This information, along with updates on the corruption risks, associated targets, and outcomes of risk assessments, will also be periodically disclosed to the public.
The Commission may, upon analyzing the information submitted in accordance with this Law, offer recommendations to the relevant body (institution) on managing corruption risks, as well as suggestions for enhancing anti-corruption legislation.
The procedures for managing corruption risks within the operations of bodies (institutions) are established by the designated body (institution) under the relevant executive authority.
Heads of bodies (institutions) are responsible for defining the internal reporting mechanism for corruption-related offenses. They must also ensure that employees, along with other individuals working or providing services (hereinafter referred to as employees), are familiar with the individuals or bodies authorized to receive information on corruption-related offenses, the procedures for submitting such information, the results of the application review, and the rights of those reporting such offenses.
The heads of bodies (institutions) are tasked with appointing an authorized structural unit (or person) responsible for receiving and investigating information on corruption-related offenses. This decision should take into account the structure of the body (institution), the number of employees, the areas of activity, and the volume of work.
Employees of bodies (institutions) are entitled to report information on corruption-related offenses to the designated authorized structural unit (or person). This unit (or person) must have the necessary independence to ensure that no unlawful interference occurs in the execution of its duties. The authorized structural unit (or person) should not be involved, either directly or indirectly, in applying incentive or disciplinary measures, managing human resources, or evaluating (assessing) employees. The authorized structural unit (or person) must operate with accountability and impartiality, reporting directly to the heads of bodies (institutions).