Under the provisions of the Article 10 of the Law “On Combating Corruption” the offences related to corruption shall give rise to disciplinary, civil, administrative or criminal responsibility as provided for in the legislation. In cases, when commission by a state servant or a public official entails civil, administrative or criminal responsibility, enacting of legal proceedings against that official shall be carried out in accordance with the relevant legislation of the Republic of Azerbaijan.

Chapter III of the Law “On Combating Corruption” specifies the types of offences related to corruption and responsibility for such offences.

4.1. Offences related to corruption and responsibility for such offences

The following acts or inaction are considered as corruption offences:

• request or receipt by a state servant or public official, directly or indirectly, of material and other values, privileges or advantages, for himself/ herself or for third persons, or the acceptance of an offer or a promise of such material, privileges or advantages, for acting or refraining from acting in the exercise of his/her duties or powers;
• offering, promising or giving to an official by individuals or legal persons, directly or indirectly, of material and other valuables, privileges or advantages, for him/her or for third persons, for acting or refraining from acting in the exercise of his or her duties or powers;
• use by an official of unlawfully obtained property with a view to deriving benefit for himself or herself or for third persons, for acting or refraining from acting in the exercise of their duties or powers;
• obtaining by an official, in the course of performing his/her duties (powers) of material and other valuables, privileges or advantages without payment or for the price (tariff) lower than the market price or the prices regulated by the State;
• obtaining by an official, in the course of performing his/her duties (powers), benefits from savings (deposits), securities, rent, realty or lease;
• offering, promising or giving, directly or indirectly, of material and other valuables, privileges or advantages to any person who states of their ability to exert improper influence over the decision-making of an official;
• receipt of material and other valuables, privileges or advantages or the acceptance of an offer or a promise of such material or other valuables, privileges, advantages, by a person who, for certain reward, undertakes to exert an improper influence over the decision-making of an official.

A number of actions or inactions of a state servant or public official are considered as offences conducive to corruption (Article 9 of the Law “On Combating Corruption”).

In addition to the cases envisaged above, other offences related to corruption may also be determined by legislative acts governing the activity or status of the state servants and public officials.

In cases, when committing offences by state servants or public officials here above does not entail administrative or criminal responsibility, it may give rise to disciplinary responsibility as provided for in the legislation (Article 10 of the Law “On Combating Corruption”).

Individuals committing corruption offences as defined by law, if such acts do not constitute a crime, shall be subject to an administrative fine.

Legal entities committing corruption offences as defined by law shall be fined within the procedure laid down by the legislation, or their activity may be terminated.

4.2. Liabilities for Violation of anticorruption Rules

4.2.1 Administrative Liability

Regarding the administrative liabilities for violation of the anticorruption rules and regulations, the acting legislation of Azerbaijan provides very general requirements. Such general requirements are mainly provided by the Laws “On State Service”, “On Combating Corruption”, “On Rules of Ethics Conduct of State Servants”, as well as by other laws regulating the activity of certain types and categories of state servants and public officials and also by some other secondary legislative acts.

Under the provisions of the Article 16 of the Administrative Infringements Code of Azerbaijan dated 11 July 2000, public officials - persons constantly, temporarily or with special power either carrying out organizational or administrative functions in state bodies, institutions of local government, state and municipal establishments, enterprises or organizations, and also in other commercial and noncommercial organizations bear the administrative liability for non-fulfillment or improper fulfillment of their official duties.

However, the Administrative Infringements Code of Azerbaijan does not clearly specify any certain corruption offences and also the penalties imposed for administrative corruption offences.

4.2.2 Criminal Liability

The corruption crimes for which a relevant criminal liability is imposed are provided under Chapter 33 of the Criminal Code of Azerbaijan, which include:

Abusing official powers¹
-punished by the penalty at a rate from 1-2,000manat, or withholding the right to hold certain positions or to engage in certain activities for the term up to three years, or work in a correctional facility for the term up to two years, or imprisonment for the term up to three years.

In case when a criminal act entails heavy consequences, it is punished by imprisonment for the term from three up to seven years with no right to hold certain positions or to engage in certain activities for the term up to three years.

State servants and local government employees who are not admitted as public officials, and also employees of other commercial and noncommercial organizations also carry criminal liability under articles of the Chapter 33 of the Criminal Code of Azerbaijan.

Reception of a bribe²
-punished by imprisonment for the term from two to seven years with taking away the right to hold certain positions or to engage in certain activities for the term up to three years.

Reception by a public official of a bribe for illegal actions (inaction) is punished by imprisonment for the term from five to ten years with taking away the right to hold certain positions or to engage in certain activities for the term up to three years.

If the above acts are committed:

• on preliminary arrangement by a group of persons or organized group;
• repeatedly;
• in the large amount;
• with application of threats –

they are punishable by imprisonment for the term from seven to twelve years with confiscation of property³.

Offering a bribe⁴
-punished by the penalty at a rate from one to two thousand manat or imprisonment for the term up to five years with the penalty at a rate from five hundred to one thousand of nominal financial unit (which is 1100 manat or USD 1.398) or without it.

Offering a bribe to an official for committing an obviously illegal action (inaction) or repeated offering of a bribe is punished by the penalty from two to four thousand of nominal financial unit or imprisonment for the term from three to eight years with possible confiscation of property.

The person given a bribe, maybe released from criminal liability if presentation of a bribe took place by the means of threats or if the person has voluntarily informed the appropriate state body about the bribe.

4.2.3 Civil Liability

The Civil Code of Azerbaijan specifies a general rule regarding civil liability for wrongful acts of the state bodies, self-government authorities (municipalities) and their officials (for delict).

Under the Article 1100 of the Civil Code the damages caused by officials of the state bodies and self-government authorities (municipalities) to the legal and natural persons as a result of their illegal acts (or acts of omission) must be compensated in full by the state of Azerbaijan Republic and/or the relevant municipality.

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