DRAFT CODE ON COMPETITION SUBMITTED TO PRESIDENTвЂ™S EXECUTIVE OFFICE WITHOUT SCCвЂ™S VISA
The draft Code on Competition (the Anti-monopoly Code) has been submitted to the PresidentвЂ™s executive office for consideration. The draft document has been signed by the countryвЂ™s Prime Minister, however, the visa of the State Customs Committee (SCC) has not been put on the document, Trend was told at the Cabinet of Ministers.
Thus, the document has been submitted to the executive office prior to expiration of the deadline, which, according to the AzerbaijanвЂ™s PresidentвЂ™s Decree вЂњOn strengthening of the anti-inflation measures in AzerbaijanвЂќ was on 30 June of the current year. (The Decree was signed on 31 May, and one-month period has been allocated for its elaboration).
The main stumbling block between the SCC and the Ministry of Economic Development (MED), being an actual documentвЂ™s developer was the issue of the anti-monopoly body statusвЂ™s conformity and the measures, it may apply on the issues under consideration. According to some opinions, administrative offences must be solved within the general law on administrative offences. The MED, in its turn, adheres to the opinion, that the Competition Code, both for
the side, applying it and the side towards which the document is being applied, must become a document without subsequent or subordinate normative acts. In the MEDвЂ™s opinion, the status of the anti-monopoly body, is not the subject matter of the Code.
During the coordinating period the draft code changed its name from the Anti-monopoly to the Competition Code and has undergone examination of the Justice Ministry.
The Code was planned to be adopted during the spring session of the Milli Mejlis and its submission to Parliament was scheduled by the 1 March 2005. By this time, the document had been stamped by all ministries and departments, involved in itвЂ™s coordinating, except for the SCC and the National bank (NBA). The NBA management put itвЂ™s signature under the document in early March and the SCC has not stamped it.