LAW OF THE REPUBLIC OF AZERBAIJAN
ON
RULES OF ETHICHAL CONDUCT OF CIVIL SERVANTS
The current Law defines rules and principles of ethical conduct for civil servants and
legal mechanisms corresponding to observance of these rules.
Chapter 1. General Provisions
Article 1. Scope of the Law
1.1. These rules shall apply to all persons with a status of a civil servant .
1.2. Each civil servant is bound, under guidance of supremacy of the current law,
human rights, democratic principles and rules of high ethichal conduct to abide by provisions
of the current Law.
Madd 2. Objectives of the Law
2.0. The objectives of the current Law are as follows:
2.0.1. increasing and strengthening the prestige of state bodies and civil service,
increasing citizens’ confidence towards state bodies and civil servants;
2.0.2. increasing efficiency and transparency in activity of State bodies and civil
servants ;
2.0.3. preventing corruption in state bodies and a conflict of interests during activity of
civil servants ;
2.0.4. ensuring that civil servants observe rules of ethical conduct;
2.0.5. informing citizens of a conduct expected from civil servants ;
2.0.6. expanding opporunities of citizens’ influence on evaluation of an activity of state
bodies and civil servants .
Article 3. Legal regulation of the official conduct
3.1. Official conduct of a civil servant is an activity related with realization of rights
entitled to them within the legislation and fulfilment of their duties. Official conduct of a civil
servant is to be based upon rules and principles of of ethical conduct set in this Law.
3.2. Official conduct of a civil servant is regulated in accordance with the current Law
and the other normative legal acts.
3.3. Norms specifying rules of official conduct set forth in this Law, guaranties
corresponding to observance them may be defined by other normativ legal acts of state
bodies. Indicated normativ legal acts shall not contradict provisions of this Law.
Chapter 2. Rules of etichal conduct
Article 4. Good behaviour
4.1. Civil servants are bound to efficiently fulfill their official duties for the sake of
interests of a person, society and state.
4.2. In all cases a state official should be a sample of honesty for each person.
Article 5. Professionalism andincreasing individual responsibility
5.1. A civil servant is obliged to carry out his/her activity within powers set forth by the
legislation of the Republic of Azerbaijan and at a level of professionalism.
5.2. A civil servant shall increase and strengthen the belief of legal and physical
persons towards state bodies with his/her ethical conduct and professional activity.
Article 6. Loyaity
6.1. A civil servant shall avoid critical public views, statements about activity of state
bodies and their management (except an illegal activity), and publicly appreciation of their
activities in cases beyond his/her official duty. Ths rule shall not apply to speeches of a civil
servant corresponding to his/her scientific-pedagogical activity or his schientific papers.
6.2. A civil servant shall not commit actions inappropriate to fulfillment of duties related
with public and which may damage his name and discredit a state body.
6.3. A civil servant should obey rules defined related with open statements by a state
body..
6.4. A civil servant shall obey restrictions considered in the legislation in relation with
civil service.
Article 7. Public confidence
7.1. A civil servant is obliged to strengthen the prestige of the Republic of Azerbaijan,
a state body and a civil service, and to make his/her honor and name high.
7.2. A civil servant is obliged . to eliminate the consequences of a breach of the rules of
conduct by him/her, as well as shall take measures to regain public confidence
7.3. A civil servant shall help mass media representatives that inform the public about
activities of government agencies and their officials, on providing accurate information in
cases as specified in the law.
Article 8 Respect to the rights, freedoms and legal interests, honor and dignity and
business reputation of individuals
8.1. 8.1. An activity of a civil servant shall serve security, defense and protection of
rights , freedoms and legal interests of individuals.
8.2. A civil servant shall avoid actions (or inactions) that would restrict the rights and
freedoms and legal interests of individuals and offend their honor and dignity and damage
their business reputation.
8.3. Except in cases considered in the legislation, a civi servant shall guarantee
confidentiality of information obtained as a result of the official duties on private life, honor
and dignity of physical persons, as well as other civil servants.
8.4. A civil servant shall respect business reputation if legal persons and avoid actions (or
inactions) that might dishonour them.
Article 9. Civilized behaviour
A civil servant shall be polite, kind, considerate and patient towards all persons,
including direct and senior supervisors or all persons at his/her subordination.
Article 10. Fulfillment of commands, orders, or assignments
10.1. A civil servant is obliged to fulfill a written command, order, or verbal assignments
complying with the law and given within competency of his/her direct or senior supervisors.
10.2. In case if a civil servant is sure that a command, an order, or an assignment
given by his/her direct or senior supervisors contradicts the law or the other normative legal
acts, he/she shall submit to his/her direct or senior supervisor a written grounds about this.
He/she shall demand from his/her direct or senior supervisor to confirm this command, order,
or assignment in a written form. In case if the civil servant is given a command, an order, or
an assignment confirmed in a written form by his/her direct or senior supervisor, but continues
to believe that they are contradicting the law or the other normative legal acts, he/she may
refuse to fulfill that command, order, or assignment.
10.3. Failure to fulfill legal instructions causes for disciplinary liability.
Article 11. Impartiality
11.1. 11.1. Civil servant shall be impartial when issuing decisions and while carrying
out service duties he/she shall not give any advantage to persons or a group of persons’
according to their race, nationality, language, gender, social background, property and service
status, attitude towards religion, faith, social unions, as well as to what society they belong to.
11.2. A state official is obliged to obey a political neutrality while carriing out his/her
sevice duties.
11.3. A civil servant shall avoid any influence of his/her private interests or interests of
interested persons in carrying out his/her service duties
Article 12. Inpermissibility of acquiring material and non material gifts,
privileges and concessions
12.A civil servant is prohibited to act (or inact) or make decisions directed to illegally
acquiring material and non-material gifts, priveleges or concessions.
12.2. A civil servant shall take actions to exclude his/her actions (or inaction) or
decisions from leading to acquiring material and non-material gifts, priveleges or concessions.
12.3. A civil servant rendering a disinterested service (services) for persons as
defined by the legislation may not require any fees for that (those) service(s).
12.4. A civil servant rendering a service (services) for persons for a payment as
defined by the legislation may not require fees more than amounts estimated for that (those)
service(s).
Article 13. Prevention of Corruption
13.1. When being offered illegal material and non-material gifts, priveleges or
concessions a civil servant official shall refuse them. In case if material and non-material gifts,
priveleges or concessions are given for reasons not depending on him/her, he/she shall
inform his/her direct supervisor about this, and material and non-material gifts, priveleges or
concessions shall be given on a statement to a state body where the civil servant is
employed.
13.2. A civil servant may not be one of partiess of transactions when another party of
which is a state body where he/she serves.
Article 14. Restrictions on acceptance of gifts
14.1. A civil servant may not require or accept for him/herself or other persons any gift
which may influence or appear to influence the objectivity and impartiality with which
he/she carries out his/her service duties, or may be or appear to be reward relating to his/her
duties.. This rule shall not apply to cases of awarding minor gifts in regard to hospitality and
with a value not over than amount described in the law on “Combatting Corruption”.
14.1 14.2. In case if a civil servant is not able to decide whether to take or refuse the
gift, or benefit from the hospitality or not, he/she shall get his/her direct supervisor’s opinion
about it.
Article 15. Prevention of conflict of interests
15.1 15.1. A civil servant shall not allow conflict of interests to occur while performing
his/her service duties and shall not illegally use his/her public authorities for his/her private
interests.
15.2 In cases when conflict of interests may occur between the service duties and private
interests of civil servant he/she in conformity with the legislation must give information on
the character and volume of the conflict of interests when recruited to civil service, also
including the period after that.
15.3 . A civil servant shall inform the head of the state body in cases where offers of
new employment risk creating conflicts of interest. Civil servant can not be hired to any
position at any of the organizations, enterprises or their branch offices that were under his/her
control during his/her service time for the term determined in legislation.
15.4. A civil servant must carry out other measures determined in law in order to prevent
conflict of interests.
15.5. A civil servant when appointed to office and after that shall get acquainted with ethics
rules, and normative legal acts on combating corruption and prevention of conflict of
interests. He/she must request his/her direct or superior supervisor for any questions
regarding the observance of the requirements of these acts if they arise.
Article 16. Use of property
16.1. A civil servant shall economically and efficiently use state property, funds,
connection, computer and the other communication systems, vehicles, and the other logistics
appliances being at his/her disposal.
16.2. A civil servant is prohibited to use state property, funds, connection, computer
and other communication systems, vehicles, and the other logistics appliances for personal
benefits, as well as for purposes other than those related with fulfilment of official duties of
thatcivil servant.
Article 17. Use of information
17.1. 17.1. Civil servant shall provide distribution and access to the information, which
is at the disposal of the state body where he/she serves in conformity with the rules
determined by the legislation.
17.2. Civil servant shall obey the rules defined by the state body of access to service
information.
17.3. Civil servant can not use the information obtained during his/her term of service
for his/her private interests
.
Article 18. Public or political activity
18.1 A. civil servant has the right to be a member of a public or political union if there is no
any other rule determined by the Legislation.
18.2 A civil servant shall not let his/her activity in public, political life, or his/her membership
to any public, political union create any doubt on fulfilling his/her duties impartially.
18.3.. A civil servant shall not involve other civil servants to the activity of political parties,
public unions and religious organizations.
18.4 A civil servant is not allowed to create structural departments of political parties, other
public unions (except for trade unions), religious organizations within state bodies, or assist
creating above mentioned departments and structures within those bodies.
18.5 A civil servant is not allowed to abuse his/her post and use his/her authorities for
his/her own benefit, or other candidates, political parties and election blocs during the
elections.
Chapter 3. Ensurance for implementation of rules of ethical conduct
Article 19. The system of guarranties
19.1. To ensure observance of rules of ethical conduct by a civil servant:
19.0.1. compliance of conduct of a civil servant with rules of ethical conduct is regularly
analysed by him/herself, his/her direct or senior supervisor;
19.0.2. actions prescribed in this chapter are taken by a civil servant, his/her direct or
senior supervisor.
Article 20. Control over observance of rules of ethical conduct
20.1. Control over observance of rules of ethical conduct is realized by:
20.1.1 A head of a state body – through official rule, a senior body- based upon
subordination;
20.1.2. A relevant state body (hereinafter “supervision department”)- as prescribed by
this Law.
Article 21. Control by a head of state body
21.1. In in state bodiescontrol over observance of rules of ethical conduct is realized by
relevant structuers of those bodies.
21.2. The head of state body shall:
21.2.1 control the consistency of the official conduct of employees working under his/her
supervision with the official conduct rules determined by this law and carry out its analysis;
21.2.1. be example for official conduct with his/her official conduct;
21.2.2. determine the capacity of service authorities and responsibilities of employees
working under his/her supervision with accuracy according to the positions they are holding;
21.2.3. not influence employees under his/her supervision to actions that are illegal
and are not in compliance with generally accepted ethic norms;
21.2.4. observe the requirements of the law while recruiting personnel to the state
bodies and their structures headed by him/her;
21.2.5. take preventive measures for the observance of official conduct rules;
21.2.6. explain the honest official conduct rules to civil servants working under his/her
supervision, and give recommendations on the rules of honest official conduct to them if they
ask for any;
21.2.7. draft normative acts within the frame of his/her authorities specifying the rules
of honest official conduct determined by this Code and their observance provisions and
approve them;
21.2.8. take measures for subjecting civil servants who breached official conduct
rules to disciplinary measures;
21.2.9. take measures to educate citizens and organizations on official conduct rules
and that they have right to demand civil servants to observe the rules of official conduct;
21.2.10. inform citizens, organizations and state bodies about measures taken related
to inobservance cases of the rules of honest official conduct;
21.2.11. take measures to eliminate the consequences of the violation of the rules of
official conduct, as well as measures to regain public confidence to state body;
21.2.12. perform other activities related to observance of official conduct rules
determined by legislation.
Article 22. Powers of a supervision department
22.1. In view of observance of rules of ethical conduct defined by this Law and of
coordination of matters related with appliance of this Law the supervision department realizes
the following powers:
22.1.1. study the state of observance of rules of ethical conduct defined by this Law
and generalize the information in this regard;
22.1.2. receive information and complaints from civil servants and other persons
related on the breach of the provisions of this law;
;
22.1.3. make proposals or recommendations arisen from the solution of issues
mentioned in received complaints and information;
22.1.4. take measures for studying public opinion related to the issues of official
conduct of civil servants and carry out public awareness in this regard
22.1.5. carry out researches related to the issues of official conduct of civil servants
and compile reports and recommendations in this regard
22.1.1. 22.1.6. cooperate with independent experts, mass media and NGOs, related
with the issues of official conduct of civil servants;
22.1.2. 22.1.7. send received materials to relevant bodies for verification if any
criminal elements appear in those materials;
;
22.1.8. make proposalss on improvement of legislation related with official conduct of
civil servants;
22.1.9. carry out other authorities determined in the legislation.
22.2. Supervision department may in no way interfere into disciplinary implementation
proceeding agaisnt a civil servant in relation with violence of rules of ethical conduct.
Article 23. Responsibility for violation of ethical rules of conduct
23.1. Breach of rules of ethical conduct is a ground for involvement of a civil servant
into disciplinary liability.
23.2. Involvement of a civil servant into disciplinary liability is carried out according to
the rules and term determined in law..
23.3. Disciplinary proceeding may start in the following cases:
23.3.1. Complaint or other information submitted by physical or legal persons on the
breach of the requirements of this law.:
23.3.2.Publication of information in mass media on the breach of the provisions of this
law and on conflict of interests by a civil servant .
.
23.3. The head of the state body shall inform the criminal prosecution body if
criminal elements are discovered in committed offence by civil servant while proceeding
disciplinary measures.
Article 24. Validity of the Law
The Law shall come into force from the day of its publication..
Ilham ALIYEV,
the President of the Republic of Azerbaijan
Baku city, May 31, 2007.
