Charter of the Ministry
DECREE OF PRESIDENT OF REPUBLIC OF AZERBAIJAN
In order to provide the activities of the Ministry of Defence Industry of the Republic of Azerbaijan I hereby decree:
- To approve the Charter of the Ministry of Defence Industry of the Republic of Azerbaijan (attached);
- To approve the Structure of the Ministry of Defence Industry of the Republic of Azerbaijan ;
- To approve the number of the Central Office employees of the Ministry of Defence Industry of the Republic of Azerbaijan;
- To assign the Ministry of Defence Industry of the Republic of Azerbaijan within one month:
4.1. to establish the Research Institute of the Ministry of Defence Industry of the Republic of Azerbaijan;
4.2. to establish on the base of the subordinated to the Ministry Baku Aircraft Production Association “Iglim” the Research Production Enterprise, on the base of the Production Association “Avia-Agregat”- “Avia-Agregat” plant, on the base of the Production Association “Telemekhanika” - Telemekhanika” plant, on the base of the Research Production Association “Neftgasavtomat” – Research Production Enterprise “Neftgasavtomat”, on the base of the Research Production Association “Sanayejihaz” - Research Production Enterprise “Sanayejihaz”, on the base of the Production Association “Radiogurashdirma” - “Radiogurashdirma” plant, on the base of the Research Production Association “Nord” - Research Production Enterprise “Navigational Systems”, on the base of the Research Production Association “Stator” - Research Production Enterprise of Automatic Lines.
- To assign the Cabinet of Ministers of the Azerbaijan Republic:
5.1. to provide funding for the Research Institute of the Ministry of Defence Industry of the Republic of Azerbaijan from the state budget.
5.2. to prepare and to submit to the President of the Republic of Azerbaijan proposals on updating of legislative acts into conformance with the Decree hereof;
5.3. Resolve other issues arising from this Decree.
- This Decree comes into force from the date of its publication.
Ilham Aliyev
President of the Republic of Azerbaijan
Baku, September 27, 2006
No 462
CHARTER OF THE MINISTRY OF DEFENCE INDUSTRY OF THE REPUBLIC OF AZERBAIJAN
I. General Provisions
1. The Ministry of Defence Industry of the Republic of Azerbaijan (hereinafter referred to as “Ministry”) is a central authority of the executive power, which in compliance with its trends of activity defined by the legislation and the present Charter implements the state policy and regulation in the sphere of defence, radio electronics, instrument engineering (hereinafter referred to as the sphere of defence industry)
2. The Ministry’s activities are guided by the Constitution of the Azerbaijan Republic, laws of the Azerbaijan Republic, decrees and orders of the President of the Azerbaijan Republic, resolutions and orders of the Cabinet of Ministers of the Azerbaijan Republic, international Agreements to which the Azerbaijan Republic is a Party and the Charter hereof.
3. In discharging its obligations and exercising its rights the Ministry shall implement interface with central and local executive authorities of the Azerbaijan Republic and non-governmental organizations.
4. The Ministry has its independent balance, allotted in compliance with the legislation, state property, corresponding treasury and bank accounts, seal with national emblem of the Azerbaijan Republic and own name, relevant stamps and blanks.
5. Costs of the Ministry shall be financed from the state budget of the Azerbaijan Republic and other sources not conflicting to the current legislation.
6. The Ministry is situated in Baku.
II. Trends of Activity of the Ministry
7. The trends of activity of the Ministry are the following:
7.1. participates in formation of a uniform state policy in the sphere of defence industry and ensures its implementation;
7.2. ensures development of the defence industry sphere;
7.3. by the State order and in accordance with the legislation draws up a draft State Defence Programme on military equipment, weapon, engineering technology, spare parts, ammunition and other defence products and submits it to the Cabinet of Ministers of the Azerbaijan Republic.
7.4. in accordance with the approved State Defence Programme, within its competence, ensures development, manufacture, upgrading, repair, utilization, import and export of defence products;
7.5. in accordance with the current legislation makes proposals on formation of a state budget on the finances required for the implementation of the State Defence Programme;
7.6. in accordance with the procedure established by the legislation provides Armed forces and other military units, formed in compliance with the current legislation, with weapon, military equipment, ammunition and other means;
7.7. in the established by the legislation order co-operates with international organizations in the sphere of defence industry;
7.8. performs other activities assigned to it by the legislation.
III. Obligations of the Ministry
8. In accordance with the objectives within the Charter hereof, the Ministry performs the following functions:
8.1. within its competence implements legal control in the sphere of defence industry;
8.2. within its competence on the basis of the approved State Defence Programme organizes in compliance with the current legislation tenders on procurement of defence products, placing of orders (implementation of works, services, R&D, development, manufacture and control of production), completes agreements;
8.3. in compliance with the legislation realizes import-export of products (works, services, objects of intellectual property) used in defence industry, including dual use products (works, services), raw material, materials, equipment and documentation;
8.4. co-ordinates performance of other authorities of the executive power in relation to the sphere of defence industry;
8.5. within its competence provides for implementation of international Agreements to which the Azerbaijan Republic is a Party;
8.6. executes state control in the sphere of defence industry, in relation to the authorized issues;
8.7 issues, in cases and in the established by legislation order, special permits (licences) or special agreement, including legal documents for the corresponding activities;
8.8. provides for application of advanced technologies to organize manufacture of products in compliance with the standards in the sphere of defence industry, establishment of modern research base, modernization of enterprises’ equipment and training of specialists for the industry development.
8.9. provides for efficient intended use of other budget finances, credits, grants, etc, assigned for the implementation of the State Defence Programme and for the defence industry sphere.
8.10. in accordance with the legislation takes necessary measures to keep a state secret and a secrecy regime, including the appropriate security measures;
8.11. within its competence provides for implementation of human and civil rights and liberties and suppresses their violation;
8.12. within its competence takes necessary measures aimed at improvement of the performance and structure of the Ministry;
8.13. considers proposals, applications, claims received in relation to the performance of the Ministry and the subordinated organizations and enterprises, and takes measures in the established by the legislation order;
8.14. in accordance with its line of activity discharges other obligations stipulated by the legislation.
IV. Rights of the Ministry
9. To discharge its obligations the Ministry holds the following rights:
9.1. to prepare drafts of legislative acts, relating to defence industry sphere, or take part in their preparation;
9.2. to demonstrate initiative on joining by the Azerbaijan Republic the international agreements in the sphere of defence industry;
9.3. for the development and implementation of the State Defence Programme and other projects in the sphere of defence industry to submit inquiries to state structures and local executive authorities, natural and legal persons regarding necessary information (documents) and receive this information (documents) from them;
9.4. in accordance with the procedure established by the legislation to co-operate with corresponding international organizations, authorities (structures) of foreign countries and study appropriate experience of foreign countries;
9.5. make conclusions, analyses and generalizations, draw up analytical surveys with regard to its lines of activity, conduct studies, put forward proposals relating to the defence industry sphere;
9.6. arrange for training and raising the level of skills of the personnel involved in the defence industry sphere;
9.7. in compliance with the procedure established by the legislation to enlist the services of the independent experts and specialists;
9.8. in compliance with the procedure established by the legislation to issue special bulletins, create and use Website;
9.9. to submit to the Cabinet of Ministers of the Azerbaijan Republic proposals on opening (liquidation) of the subordinated enterprises, organizations;
9.10. in compliance with the procedure established by the legislation to control manufacturing, financial, economic and informational security of the subordinated enterprises and organizations and their activity related to preservation of their property.
9.11. in accordance with the lines of activity practice other rights stipulated by the legislation.
V. Organization of the Ministry’s Activity
10. The Central Office of the Ministry and included into its structure local and other structural units form a unified system of the Ministry. The Ministry exercises its activities via these structures.
11. The structure of the Ministry and the total number of its employees are defined by the President of the Azerbaijan Republic.
12. The Ministry is managed by the Minister, appointed to and released from his position by the President of the Azerbaijan Republic. Minister shall bear personal responsibility for the performance of the delegated to the Ministry functions and exercise of its rights.
13. Minister shall have three deputies, appointed to and released from their positions by the President of the Azerbaijan Republic. Deputy Ministers perform functions delegated to them by the Minister and bear personal responsibility for their proper performance.
14. Minister:
14.1 organizes and supervises activities of the Ministry;
14.2 distributes functions between the Deputies;
14.3 approves Charters of structural units of the Central Office of the Ministry and included into its structure entities.
14.4 within the limit of the established structure, wage fund and a number of employees, approves the list of members of staff of the Central Office of the Ministry and the subordinated organizations and enterprises and their budget of expenditure within the allocated budget subsidy;
14.5 appoints to and removes from position personnel of the Central Office of the Ministry, heads of organizations and enterprises subordinated to the Ministry (general directors, directors, chief engineers, deputies, chief accountants and other officials) applies disciplinary actions and motivations;
14.6 in compliance with the procedure established by the legislation, establishes, reorganizes and liquidates enterprises and organizations (excluding enterprises defined on the basis of the list approved by the President of the Azerbaijan Republic) subordinated to the Ministry;
14.7 recommends for state prizes and honorary titles persons who performed great services for the formation and development of the defence industry;
14.8 issues in compliance with the legislation obligatory for use orders and memos, approves (signs) standards, organizes and exerts control over their implementation;
14.9 submits proposals regarding structure of the Ministry and total number of employees;
14.10 cancels contradicting to legislation resolutions of the Ministry’s officials;
14.11 represents the Ministry.
15. The Ministry establishes the Board with membership of the Minister (Chairman), Deputy Ministers, heads of structural units of the Ministry. Experts and scientists may be also included into the Board.
16. The membership of the Board shall be approved by the Cabinet of Ministers of the Azerbaijan Republic.
17. The Board meetings of the Ministry shall discuss issues related to the activity of the Ministry and take appropriate decisions.
18. The Board meetings of the Ministry shall be considered authorized only in participation of more than half of its members. Decisions of the Board are adopted by simple majority of votes of its members. In the event of the equality of votes during the decision making, the vote of the Chairman is considered to be decisive.
19. The Board decisions shall be documented by protocols and approved by the Minister.
20. In the event of disagreement between the members of the Board, the Minister informs the Cabinet of Ministers of the Azerbaijan Republic on the fact of differences in opinion and implements his own decision. The members of the Board may also inform the Cabinet of Ministers of the Azerbaijan Republic on their personal opinions.
21. If necessary the heads of other executive authorities, organizations and other representatives of non-government organizations may be invited to take part in the Board meeting of the Ministry.
22. To study and adopt scientific and technical achievements and the advanced experience in the sphere of defence industry a Scientific-Technical Council, functioning on a social base, may be established in the Ministry. The Charter of the Scientific-Technical Council shall be approved by the Minister.
