LAW OF THE REPUBLIC OF AZERBAIJAN ON PUBLIC PARTICIPATION: NASCENT PRO BONO PUBLIC POLICY ADVOCACY

The law regulates relations arising when involving the citizens of the Republic of Azerbaijan in the realization of state governance. This law entered into force on June 1, 2014.

Purposes of Public Participation

• Involving citizens in participation in state governance;
• Realization of public control over the activity of central and local executive authorities and local self-government bodies;
• Organization of effective mutual activity between central and local executive authorities and local self-government bodies and the public;
• Provision of clarity and transparency in the activities of central and local executive authorities and local self-government bodies;
• Consideration of public opinion and citizens’ legal interests in the formation of state policy, its implementation, and decision making;
• Protection of the fundamental human and citizen rights.

 Forms of Public Participation

• Public Council;
• Public Discussion;
• Public Hearing;
• Studying Public Opinion;
• Public Discussion of Draft Legal Acts;
• Written Consultation.

Public Councils

A Public Council consists of 5-15 members elected by civil society institutions in accordance with the regulation defined by the relevant executive authority body, taking into consideration the requirements defined in this Law. Each citizen of the Republic of Azerbaijan, who is at least 16 years old can become a member of a Public Council. The term of office of a Public Council is 2 years. Each civil society institution can nominate only 1 candidate to the membership of a Public Council.  Members are not paid salary, honorarium, compensation, or other payments for their activity on a Public Council.

A Public Council has the following rights:

• To receive from central and local executive authorities and local self-government bodies necessary information for its activity and draft legal acts on issues requiring discussions with the public;
• To submit proposals to the central and local executive authority and local self-government bodies on organization of public discussions;
• To make proposals on formation and implementation of state policy in relevant districts and fields;
• To submit proposals on preparation of draft legal acts on preparing and implementing of state policy in appropriate field;
• To collect proposals of civil society institutions on solutions to the issues of essential importance to the public, summarize them and submit to the central and local executive authorities and self-government bodies;
• To organize open events (public discussions, hearings, seminars, conferences, round tables and other events) for the discussions of topical issues on development of certain fields or administrative-territorial units;
• To conduct surveys to learn public opinion or submit proposals to the relevant organizations for conducting surveys.
• To conduct public discussion of draft legal acts;
• To attract the employees of the central and local executive authorities and local self-governed bodies, civil society institutions, experts, and the representatives of the scientific organizations, as well as international organizations and different specialists to the work of the council;
• To create permanent and temporary working groups (committees, commissions, expert groups, working groups, etc.) to implement its purposes;
• Members of Public Council have the right to enter the premises of central and local executive authorities and local self-government bodies according to the rules defined by the relevant body.

Public Council Duties

• To comply with the Constitution and the laws of the Republic of Azerbaijan, as well as other normative-legal acts;
• To inform the population about the activity of the Council;
• To develop and publish annual report on its activity;
• To be impartial to discussed issues.

Public Hearing and Public Discussion

 State and local self-government bodies, civil society institutions, public councils, or citizens can be initiators of public hearing and public discussion.

 Main requirements for organization and conducting of Public Hearings and Public Discussions

• To define the goal and subject of a public hearing or public discussion clearly;
• To inform all interested parties about the subject of а discussion or hearing;
• To engage experts and specialists in hearings and discussions;
• To conduct independent and broad analysis of the problem;
• To open for discussion alternative drafts and suggestions when required;
• To ensure participation of powerful representatives of all relevant state and local self-government bodies at the discussion or hearing;
• To inform all interested parties about the results of a hearing or a discussion;

Public Hearings and Public Discussions are held open. Any person can participate in hearings and express his/her considerations on the discussed issue.

Written Consultation

Central and local executive authorities and local self-government bodies shall publish on their website or mass media information about the starting of written consultations on draft acts they have prepared.

Draft legal acts or their relevant structural elements considered information with limited access under the Law of the Republic of Azerbaijan on Obtaining Information shall not be published for written consultation.

Public Hearing and Public Discussion on Draft Legal Acts

According to part I of Article 96 of the Constitution of the Republic of Azerbaijan Public Hearings and Public Discussions of draft laws submitted to Milli Majlis of the Republic of Azerbaijan are organized by the Secretariat of the Milli Majlis of the Republic of Azerbaijan.

For organization of Public Hearing and Public Discussion on draft laws the Secretariat of Milli Majlis of the Republic of Azerbaijan:

• Allocates a special section on the website of the Milli Majlis of the Republic of Azerbaijan;
• Within 3 days from being sent to a relevant committee, places all draft laws registered by the Secretariat of Milli Majlis of the Republic of Azerbaijan on the special section of the website of Milli Majlis;
• Publishes the text of the draft law along with the following information on the special section of the website of Milli Majlis: information about the initiator of the draft law; the registration number of the draft law; the committee(s) to which it has been sent; the schedule and location of public hearings, as well as the duration and rules for conducting public discussion; the rules for submitting of opinions, remarks, and proposals; and the duration and results of consideration;
• Informs the public of the results of consideration of submitted opinions, recommendations, and proposals;
• Publishes the updated draft law after the first and second readings.

The rules for conducting Public Hearings on draft laws are defined by the Internal Regulations of Milli Majlis of the Republic of Azerbaijan.