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HEYDAR ALİYEV
AZ

Regulations of the Law Department

The Legal Department of the Ministry of Energy of the Republic of Azerbaijan

REGULATION

 

1. General Provisions

1.1. ThisRegulation determines the areas of activity, duties, rights and rules for organizing activity of the Legal Department of the Ministry of Energy of the Republic of Azerbaijan (hereinafter referred to as the Ministry).

1.2. The Department is an independent structural unit of the Ministry. The Department implements and regulates the activities of the departments of the Ministry's Office and its sectors (hereinafter referred to as the Ministry's structural divisions) and legal regulation, legal analysis and expertise related to the activities of subordinate organizations within the scope of authorities provided by this Regulation.

1.3. The department’s activities are 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, decrees and orders of the Cabinet of Ministers of the Republic of Azerbaijan, Regulation on the Ministry of Energy of the Republic of Azerbaijan, orders and instructions(hereinafter - the Ministry's legal acts) of the Minister of Energy (hereafter referred to as the Minister) and this Regulation.

1.4. The department operates in interaction with the structural subdivisions of the Ministry, subordinate organizations, state-owned enterprises operating in the fuel and energy sector, as well as central and local executive authorities, local self-governance bodies and non-governmental organizations while performing its duties and exercising their rights.

 

2. Areas of activities the Department

2.0. The department's activities are as follows:

2.0.1. Ensure the implementation of normative activities in the structural subdivisions and subordinate organizations of the Ministry;

2.0.2. Carry out methodological and practical guidance on the implementation of normative activities in the structural subdivisions and subordinate organizations of the Ministry;

2.0.3. Provide organization and improvement of legal analysis and expertise in the structural subdivisions and subordinate organizations of the Ministry;

2.0.4. Ensure the representation of the Ministry as a plaintiff and defendant in the courts, as well as protection of rights and legitimate interests;

2.0.5. Operate in other directions defined by the legislation.

 

3. Duties of the Department

3.0. The Department performs the following duties in accordance with the directions defined by this Regulation:

3.0.1. Develop or prepare drafts of legal acts, including legal acts governing the fuel and energy sector and legal acts of the Ministry;

3.0.2. Carry out methodological and practical guidance on the implementation of normative-legal acts by structural subdivisions and subordinate organizations of the Ministry;

3.0.3. Carry out legal examination of normative-legal acts, international and other contractual projects, developed by the structural subdivisions of the Ministry and subordinate organizations or submitted to the Ministry, and providecomments on their conformity with the legislation of the Republic of Azerbaijan;

3.0.4. Take part in the preparation of draft agreements on production share distribution of hydrocarbon resources and under other conditions defined by the President's instructions to the Ministry;

3.0.5. Participate in the preparation of contracts with the Ministry and carry out legal examination of such contracts;

3.0.6. Make suggestions to improve the structure and performance of the Ministry;

3.0.7. Protect the rights and legitimate interests of the Ministry in courts of the Republic of Azerbaijan, ensure the preparation of procedural documents (litigations, claims, etc.) related to judicial review;

3.0.8. Ensure that the appeals addressed to the Ministry by the State, the courts, local self-governance bodies, enterprises and organizations, international and non-governmental organizations, legal entities and individuals are reviewed and executed in accordance with the established procedure;

3.0.9. Participate in the implementation of the measures envisaged by the relevant legislation and state programs, as well as the measures (tasks) envisaged in the legal acts of the Ministry;

3.0.10. Provide legal assistance to structural subdivisions of the Ministry and subordinate organizations in the Ministry's activities, as well as provide legal advice on compliance with inquiries, comments and legislative requirements;

3.0.11. Ensure the incorporation of normative legal acts of the Ministry into the State Register of Legal Acts of the Republic of Azerbaijan;

3.0.12. Analyze normative-legal acts, internal regulations, instructions and other regulatory documents governing the activity of the Ministry, prepare proposals for their improvement;

3.0.13. Provide legal advice, references, and reviews on issues faced by the structural units of the Ministry and subordinate organizations;

3.0.14. Prepare the department's work plan, reports on the work carried out and provides recommendations on issues to be discussed at the Ministry's Collegium;

3.0.15. Participate in the work of commissions on privatization of state-owned enterprises operating in the fuel and energy sector;

3.0.16. Ensure the exercise of human and civil rights and freedoms in relation with its activities and prevent their violation;

3.0.17. Ensure that applications and inquiries on its activities from citizens, government agencies, enterprises and organizations are reviewed in accordance with legislation;

3.0.18. Prepare reports on the department's work plan and activities;

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

 

4. Rights of the Department

4.0. The Department has the following rights to carry out its duties:

4.0.1. Prepare proposals on drafts of legal acts, international treaties, as well as legal acts drafted by the structural subdivisions and subordinate organizations of the Ministry;

4.0.2. Make proposals in accordance with the directions of activity, prepare analyzes and summaries, as well as suggestions on improvement of legal acts, including the legal acts regulating the fuel and energy sector and the Ministry's legal acts;

4.0.3. Summarize, analyze, and make proposals for improving the practice of applying legislation by the structural subdivisions and subordinate organizations of the Ministry;

4.0.4. Submit inquires about the necessary information (documents) to state and local authorities, physical persons and legal entities in connection with the fulfillment of the tasks defined by this Regulation and receive such information (documents) from them;

4.0.5. Carry out legal examination of draft documents (letter, certificate, inquiry, legal act, etc.) prepared by the structural subdivisions of the Ministry and subordinate organizations and check their conformity with legislation;

4.0.6. Represent the Ministry within its competence with the matters under the scope of its activities, protecting the rights and legitimate interests of the Ministry with respect to the state authorities, local self-governing bodies, legal entities and individuals;

4.0.7. Represent and participate in the work of different levels of local and international events within commissions and working groups formed by the Ministry and other state bodies;

4.0.8. Study the experience of other countries in line with their activities and prepare proposals to improve their activities in fuel and energy sector;

4.0.9. Prepare suggestions on improvement of management, specification of authorities, improvement of activity in the structural subdivisions and subordinate organizations of the Ministry;

4.0.10. Involve independent experts and specialists in their activities;

4.0.11. Carry out other rights stipulated by the legislation in accordance with their activities.

 

5. Organization of activities of the Department

5.1. The structure and staff number of the department is determined and approved by the Minister. The structure of the department includes legal analysis and expertise sector.

5.2. The department is led by the Head of the Department, appointed and dismissed by the minister. The Head of the Department is personally responsible for the fulfillment of the responsibilities entrusted to the department and the exercise of the rights.

5.3. The Head of the Department has the deputy (Deputy Dead of Department) 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 powers are exercised by the Deputy Head of the Department.

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

5.5. The Head of Department has the following authorities:

5.5.1. Organize and manage the activities of the department;

5.5.2. Carry out a division of work among the employees of the department, coordinate their activities, oversee compliance with labor and performance discipline, and regularly analyze their conduct in accordance with ethical conduct rules;

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

5.5.4. Define the issues to be discussed at the Collegium of the Ministry and submit its suggestions to the leadership of the Ministry, ensure that the Department performs proper execution of legal acts in a legal and timely manner;

5.5.5. Carry out an assessment of the activity of civil servants holding administrative posts of the department;

5.5.6. Make recommendations to the Minister about the encouragement or disciplinary action of the department's employees;

5.5.7. Receive necessary information and documents from other structural subdivisions of the Ministry and subordinate bodies to fulfill the duties of the department;

5.5.8. Organizethe consideration of the received letters, petitions, complaints and recommendations in accordance with the legislation;

5.5.9. Provide clerical work and privacy regime in the department;

5.5.10. Carry out appropriate measures to increase the qualifications of the department's staff and improve the working conditions;

5.5.11. Represent the Department.

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.

 

6. Duties of Legal analysis and expertise Division

6.0. Duties of the Legal analysis and expertise Divisionare the following:

6.0.1. Carry out legal examination of normative-legal acts, international and other contractual projects, developed by the structural subdivisions of the Ministry and subordinate organizations or submitted to the Ministry, and provide its opinion on their conformity with the legislation of the Republic of Azerbaijan;

6.0.2. Participate in the preparation of contracts with the Ministry and carry out legal examination of such contracts;

6.0.3. Protect the rights and legitimate interests of the Ministry in the courts of the Republic of Azerbaijan, ensure the preparation of procedural documents (litigations, claims, etc.) related to judicial review;

6.0.4. Provide legal assistance to structural subdivisions of the Ministry and subordinate organizations in the Ministry's activity process, as well as provide legal advice on compliance with inquiries, opinions and legislative requirements;

6.0.5. Analyze normative-legal acts, internal regulations, instructions and other regulatory documents governing the activity of the Ministry, prepare proposals for their improvement;

6.0.6. Provide legal advice, references, and reviews on issues faced by the structural units of the Ministry and subordinate organizations;

6.0.7. Represent the department in commissions, working groups established in the Ministry in accordance with its activities and participate in their work;

6.0.8. Submit proposals to the Head of Department on the department's work plan, drafts report on the work carried out and issues to be discussed at the Collegium of the Ministry in accordance with the direction of activity;

6.0.9. Perform other duties stipulated by the legislation in accordance with its activities.