The Department of Internal Control Ministry of Energy of the Republic of Azerbaijan

REGULATION

 

1. General Provisions

1.1. ThisRegulation defines the areas of activity, duties, rights and rules for organizing work in the Department of Internal Control of the Ministry of Energy of the Republic of Azerbaijan (hereinafter - the Ministry).

1.2. The department is an independent structural subdivision of the Ministry and isdirectlysubordinate to the Minister of Energy of the Republic of Azerbaijan (hereinafter referred to as the Minister). The Department exercises internal control over the functional activities of its structural subdivisions and subordinate entities and of the service activities of employees of those structural units in connection with the implementation of the powers of the Ministry within the scope of authorities provided by this Regulation.

1.3. The department in its activity is guided by the Constitution of the Republic of Azerbaijan, the Law of the Republic of Azerbaijan "On Civil Service" and other laws, decrees and orders of the President of the Republic of Azerbaijan, resolutions and orders of the Cabinet of Ministers of the Republic of Azerbaijan, "Regulations of the Ministry of Energy of the Republic of Azerbaijan", other legislative acts, decisions, orders and instructions of the Minister (hereinafter referred to as organizational ordinance documents) and this Regulation.

1.4. The department operates in collaboration with the structural subdivisions and subordinate organizations of the Ministry, as well as central and local executive authorities, local self-governance bodies and non-governmental organizations while performing its duties and exercising its rights.

 

2. Direction of activities of the Department

2. The department operates in the following areas:

2.1. Organize and implement internal control measures at the Ministry and subordinate organizations;

2.2. Carry out analytical work on the Ministry's activity;

2.3. Carry out strategic planning work on the activities of the Ministry;

2.4. Solve the issues related to the organization of the Ministry's structural divisions and subordinate organizations;

2.5. Operate in other directions defined by the legislation.

 

3. Duties of the Department

3. In accordance with the directions defined by this Regulation, the department's responsibilities are as follows:

3.1. Make suggestions to improve the Ministry's performance;

3.2. Prepare proposals on government programs, development concepts and implementation of state policy in this area aimed to provide reforms and accelerate development in the energy sector;

3.3. Formulate and improvethe regulatory framework for the internal control system in order to maintain the department's activities;

3.4. Carry out the implementation of relevant state programs and development concepts and coordinate their work;

3.5. Coordinate the work of structural subdivisions and subordinate organizations of the Ministry;

3.6. Organize the work of the Ministerial Board and operational consultations;

3.7. Prepare protocols of the Ministerial Board meetings, prepare draft decisions, organizational and other relevant orders and instructions of the Minister, and other relevant documents of the Ministry;

3.8. Exercise control over the implementation of legal acts, decisions taken at the Collegium of the Ministry, as well as orders and instructions of the Ministry, and regularly summarize their performance;

3.9. Make suggestions on legal acts regulating the Ministry's activity;

3.10. Monitor proper executionof the documents in a timely manner subject to executive discipline, including the superior authorities and the management of the Ministry, by the structural subdivisions and subordinate institutions of the Ministry;

3.11. Monitor submission of reports in a timely manner on the activities of the structural subdivisions and subordinate organizations of the Ministry, as well as their completeness and quality;

3.12. Define the forms and methods of control over the issues of its competence and improve them, prepare plans for the performance discipline in the Ministry and subordinate bodies;

3.13. Make relevant proposals on measures to prevent violations of the rights and legitimate interests of citizens, entrepreneurs subject to execution of official duties and functions by the structural subdivisions and subordinate organizations of the Ministry and their employees, take measures in accordance with legislation under the case of violation of citizens’ and entrepreneurs' rights, and monitor the satisfaction of their rights and legitimate interests;

3.14. Implement internal control measures, including service audits, internal audits and monitoring within the competence provided for by this Regulation in the structural subdivisions and subordinate organizations of the Ministry;

3.15. Ensure that actions (or inaction) of the employees from structural subdivisions and subordinate entities of the Ministry are carried out in accordance with legislation regarding withrecommendations and appeals received from citizens, business entities, state and non-governmental bodies, as well as structural subdivisions and subordinate entities;

3.16. Summarize, analyze and make proposals on various aspects of the Ministry's activities;

3.17. Take measures to organize the functional structure of the Ministry on the basis of new business processes meeting the modern requirements as a result of the reforms being carried out;

3.18. Carry out investigations and service inspections in accordance with the Law of the Republic of Azerbaijan "On Civil Service";

3.19. Take part in the events in order to exercise practical control over the implementation of current and functional works carried out by the Ministry's structural divisions and subordinate organizations;

3.20. Make a recommendation to the leadership of the Ministryregarding the submission of the case materials to the relevant law enforcement agencies for the purpose of prosecuting criminal offenses, where the actions of the offender are identified as the result of internal control measures;

3.21. Make suggestions to the leadership of the Ministry for the purpose of studying the best practices of foreign countries and application of innovations in accordance with its activities, and provides methodological assistance in their application;

3.22. Carry out investigations on improvement of administration and organizational-administrative work on the structural subdivisions and subordinate organizations of the Ministry and make suggestions to the Ministry's superior management on the results;

3.23. Drafts the Ministry's work plan;

3.24. Oversee the execution of the Ministry's work plan;

3.25. Make suggestions on actions that prevent the occurrence of corruption offenses and corruption offenses by employees of the structural subdivisions of the Ministry and subordinate organizations;

3.26. Carry out internal control measures in the structural subdivisions and subordinate institutions of the Ministry on the basis of information on corruption offenses and make suggestions to the Ministry's superior management on the results;

3.27. Participate in awareness-raising activities of the Ministry;

3.28. Ensure the protection of official information, state and commercial secrets by the employees of the department in accordance with the legislation;

3.29. Provide clerical work and confidentiality regime in the department;

3.30. Summarize the results of internal control measures and makes relevant proposals to the Ministry's superior management;

3.31. Perform other duties stipulated by the legislation in accordance with the directions of its activity.

 

4. Rights of the Department

4.0. The Department has the following rights to fulfill its obligations:

4.0.1. Raise and carry out internal control measures in the structural subdivisions and subordinate structures of the Ministry, including the conduct of investigations, internal audits, monitoring, service audits.

4.0.2. Receive information, reports and explanations (including submission of financial information by officials of the Ministry to the relevant body) from the structural units and subordinate entities of the Ministry in the form, terms and periods specified by the department in a written and verbal manner in connection with the fulfillment of the tasks defined by this Regulation, as well as accesses to all electronic information resources used by the Ministry;

4.0.3. Invite the employees of the structural subdivisions and subordinate organizations of the Ministry and related persons to the Department in order to fulfill the tasks defined by this Regulation, obtain the necessary information, references and explanations on the cases being under the judicial procedures;

4.0.4. Investigate and inspect corruption related materials, documents, reports and information about offenses by officers of the Ministry's structural subdivisions and subordinate institutions, detected as a result of internal control measures, take control of the administrative and service premises, workplaces where the Ministry and the subordinate institutions are located without any obstacles due to the necessity of the established service;

4.0.5. Raise the issue in front of the leadership of the Ministry for the involvement of experts and specialists from structural divisions and subordinate organizations of the Ministry and other organizations to be included in the internal control groups when necessary;

4.0.6. Require the employees of the structural subdivisions of the Ministry and subordinate organizations to present their service cards when necessary to exercise its duties;

4.0.7. Analyze and investigate independently the areas and directions of the structural divisions and subordinate organizations of the Ministry,prepare analytical materials, make relevant proposals;

4.0.8. Carry out repeated measures for the period covered by internal control measures in case of necessity;

4.0.9. Make suggestions on elimination of the causes and conditions that violate the requirements of legislative acts, organizational-instructional documents by the employees of structural subdivisions of the Ministry and subordinate organizations and raise the issue of consideration for involvement to the juridical responsibility of the employees;

4.0.10. Inquire the relevant information (documents) from the structural subdivisions of the Ministry and subordinated organizations, state, non-state and local authorities, physical and legal persons according to the necessity and receive such information (documents) from them;

4.0.11. Participate in drafting legislative acts, organizational-instructional documents by structural subdivisions and subordinate organizations of the Ministry, make comments and proposals on them;

4.0.12. Participate in various levels of local and international events held in commissions, working groups, formed by the Ministry and other state bodies in accordance with the direction of activities,make proposals for training and professional development in the relevant field;

4.0.13. Carry out other rights stipulated by the legislation in accordance with its activities.

 

5. Organization of the department's activity

5.1. The structure and staff number of the department is determined and approved by the Minister. Except for the person authorized by the Minister, no one can interfere with the activity of the department. The structure of the department includes Service Audit Division and Administrative-organizational supervision Division.

5.2. The department is led by the Head of the Department, who is appointed and dismissed by the Minister. The Head of the Department is personally responsible for performing tasks and exercising the rights entrusted to the department.

5.3. The Head of the Department has the deputy (Deputy Head of the Department), who is appointed and dismissed by the minister. The Deputy Head of the Department is personally responsible for fulfilling the duties entrusted to him by the Head of the Department. In the absence of the Head of the Department, his authorities shall be exercised by the Deputy Head of the Department or by another person designated by the Minister.

5.4. Other employees of the department are appointed and dismissed by the Minister.

5.5. The Head of Department:

5.5.1. Organize and manage the activities of the department;

5.5.2. Carry out division of work between subordinate divisions and employees, co-ordinate their activities, oversee compliance with labor and performance discipline;

5.5.3. Sign the work plans and other such documents to ensure the fulfillment of tasks entrusted to the department, as well as oversee the implementation of the measures provided in the work plan in a timely, fully and qualitative manner;

5.5.5. Organize board meetings of the Ministry, as well as ensure comprehensive preparation of the protocol of the meetings and resolutions on the issues discussed in a qualitative manner;

5.5.6. Initiate the discussion of the issues related to the activity of the department to the Board of the Ministry, and ensure that these issues are prepared for discussion by the Board;

5.5.7. Organize control over the implementation of legislative acts and organizational-instructional documents, as well as measures envisaged in the work plan of the Ministry determined in paragraph 1.3 of this Regulation;

5.5.8. Make recommendations to the leadership of the Ministry for incentive and disciplinary action on employees of the department;

5.5.9. Receive the necessary information and documents from other structural subdivisions of the Ministry and subordinate organizations for the fulfillment of the duties of the department specified in this Regulation;

5.5.10. Organize consideration of executive documents, applications, complaints and suggestions into the department in accordance with the legislation;

5.5.11.Submit the information to the relevant structural subdivisions of the Ministry and subordinate entities when identifying cases of violations of existing legislation by citizens (or entrepreneurs) and (or) the Ministry's structural divisions and subordinate bodies during internal control measures;

5.5.12. Take measures to improve the department's performance and make suggestions to the Ministry's superior management;

5.5.13. Provide reception of citizens;

5.5.14. Sign the comments and suggestions sent to the central and local executive authorities within their authority, and letters to legal and physical persons;

5.5.15. Entrust the exercise of a part of his authorities to the deputy;

5.5.16. Represent the department.

5.5.17. Solve other issues within its competence;

5.6. Officers of the Department are responsible for violation of the requirements of this Regulation in accordance with the legislation of the Republic of Azerbaijan.