3.1 Restrictions Imposed on State Servants

Under the provisions of Article 20 (“Restrictions related to State Service”) of the Law “On State Service” a State servant is subject to the following restrictions and is not entitled to:

• hold an additional paid position (except for the temporary position in accordance with the labour legislation), nor any elective or appointed post in state bodies;
• except for scientific and creative activity, be involved in pedagogical and other paid activity without permission of the head of state body he/she serves in;
• be an attorney of the third persons on cases of state or local self-governing bodies;
• use information on issues concerning his/her state service and state secret or any other information protected by the law within the terms specified by the legislation of the Republic of Azerbaijan for the benefit of third persons after termination of state service;
• travel abroad at the expense of foreign country without notifying the head of the state body he/she is serves in;
• take part in activity of political parties when in public service;
• participate in strikes and other actions undermining activities of the state authorities;
• use the status of state servant in order to promote religions and to officialise religious actions of the entities subordinate to the state bodies;

If actions of a state servant conflict with the aforementioned restrictions and requirements applied to state servants by law, a state servant must upon the receipt of a notification determine whether he/she prefers state service or other activity and inform the relevant head of a state body on this decision within thirty (30) days, unless otherwise is provided by the legislation.

In addition, according to the provisions of the Article 25 (“Liabilities of the State servant”) of the Law “On State Service”, a state servant may be called to disciplinary, administrative and\or criminal responsibility in cases and order stipulated by the legislation, and for non-performance or unduly performance of the duties assigned to him\her, as well as for the non-compliance of liabilities determined by law.

State servants also bear material responsibility for any damages caused to third parties in the order determined by the legislation. Damages caused by legal actions of state servants must be fully reimbursed at the expense of the state .

As mentioned above, relevant restrictions and requirements applied to other specific types and kinds of “GO”s, such as state servants and public officials of the state and government bodies provided under the p. 2.1 here above, are also specified by the respective laws and legislative acts regulating the activities of those state servants\official and bodies.

For example, the Article 30 of the Law of the Azerbaijan Republic “On Prosecutor’s Office” No 767-1Q dated 07 December 1999 also contains the list of activities prohibited for prosecution officers. The kinds of activities prohibited by this law for the prosecution officers are more or less the same as the activities prohibited for the state servants provided by the Law “On State Service”.

3.2. Gifts and other benefits

According to the provisions of the Article 14 (“Restrictions on Acceptance of Gifts) of the Law of Azerbaijan “On Rules of Ethical Conduct of State Servants” No 352-IIIQD dated 31 May 2007, a state servant shall not demand or accept any gifts for himself/herself or other persons which may influence or appear to influence the impartial performance of their duties, or gifts that may be interpreted to be as a reward for his/her duties or might create an impression of such influence, or are given as a reward for performance of his/her duties, or might create an impression of such reward. 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 Combating Corruption" of Azerbaijan.

If a state servant is not able to decide whether to take or refuse the gift, or benefit from the hospitality, they should seek advice of their direct supervisor.

Under the provisions of the Article 8 (“Restrictions related to gifting”) of the Law of Azerbaijan “On Combating Corruption” No 580-IIQ dated 13 January 2004, “no public official shall request or accept for himself/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 for his/her duties. This does not include, with the condition of not influencing the objectivity of the service duties, minor gifts and use of conventional hospitality”.

State servants and\or public officials may not solicit or accept multiple gifts from any natural or legal persons during any twelve (12) month period where the aggregate value of the gifts exceeds fifty five manats¹. Gifts that exceedthis limit shall be considered as belonging to the State authority or municipal body in which that state servant or public official is performing his/ her duties (powers).

In cases where astate servant or public official cannot determine whether the acceptance of a gift violates this requirement of law, he/she must seek guidance from superior public official or the relevant state body.

In entering into civil contracts with physical and legal persons or in performing them, state servants or public officials are prohibited from obtaining any privileges or advantages relating to their service activity.

When being offered material and non-material gifts, privileges or concessions that may be deemed illegal a state servant or public official must refuse them. In case when material and non-material gifts, privileges or concessions are given under circumstance not depending upon the will of a state servant or public official, he/she should inform about it to his/her direct supervisor, and material and non-material gifts, privileges or concessions must be handed over a state body where the a state servant or public official is employed.

Restrictions concerning other Business Amenities

According to the Law of Azerbaijan “On Rules of Ethics Conduct of State Servants”², state servants are prohibited from actions (or inaction) or decisions directed or leading to the illegal acquiring of material and non-material benefits, privileges or concessions.

Also, a state servant rendering services that require payment as defined by the legislation may not require any additional fees or any other kind of benefits exceeding the amounts estimated for those services by law.

State servant may not be a party to transactions where another party is a state body where he/she works.

State servants should not allow conflict of interests while performing his/her duties and should not illegally use his/her service authorities for his/her private interests.

It is prohibited for state servants to use property, funds, communication channels, computers and other communicative systems, vehicles and other logistical provisions of individuals or legal entities whom he\she deals with when carrying out his\her duties for his\her personal benefits, as well as for other aims related to the fulfillment of his\her duties.

State servants cannot use the information obtained in the course of duty for his/her private interests.

With regard to political activity, a state servant has a right to be a member of public or political associations unless is otherwise specified by the legislation, however, state servants are not allowed to use their official position and authorities for their personal benefits and\or for the benefits of other candidates, and\or political parties during elections.

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