Board of Appeal to act as effective body
By Aynur Karimova
A Board of Appeal, recently established in Azerbaijan by a presidential decree as a real control mechanism, will become an effective structure engaged in operational activities, will carry out the tasks assigned by President Ilham Aliyev. The agency will resolve valid complaints and problems of entrepreneurs in a short term and in an easy way.
This was stated by Eldar Nuriyev, the Chairman of the Board of Appeal under the President of the Republic of Azerbaijan, the Head of the Department of State Control of the Presidential Administration on February 15.
He told Azertag state news agency that the Board of Appeal established in accordance with the development strategy pursued in new economic conditions, is aimed at promotion and encouragement of entrepreneurship, and reliable protection of rights of entrepreneurs.
On February 3, President Aliyev signed a decree on establishment of a Board of Appeal, which will operate under the head of state.
The decree said that the Board will be established for providing a multistep process in the sphere of considering appeals by individuals and legal entities in the field of entrepreneurship, improving the mechanism of submitting complaints to a higher authority regarding the decisions of central and local executive authorities, their action or inaction.
On the same day, according to other presidential decree, boards of appeal in central and local executive authorities of Azerbaijan were established, which are now operating under several ministries and state committees.
Nuriyev believes that establishment of this structure is an integral part of state policy, successfully pursued in the field of economic reforms.
"The Board is instructed to implement very important functions to eliminate obstacles hindering the activities of entrepreneurs and impeding their work, to address the issues raised in the complaints, to ensure justified appeals in accordance with the legislation, and to appeal to the prosecutor's offices to carry out the measures for identification of negative facts," he noted.
The Board's functions, being an integral part of economic reforms and anti-corruption policies carried out in the country, are expected to contribute to the creation of a strict order in the entrepreneurship field, the formation of a civilized business environment, elimination of violations of the law, negative manifestations, and sustainable development of entrepreneurship and economy.
"The Board is a collegial body that provides absolute, diversified and objective consideration of disputes arisen between physical and legal entities operating in the field of entrepreneurship, more precisely, between entrepreneurs and central and local executive authorities, the adoption of legal and fair decisions," Nuriyev stated.
Establishment of a Board of Appeal is an additional guarantee for protection of the rights of businessmen operating in the private sector, as well as development of entrepreneurship in the country.
In case if a compliant of an entrepreneur submitted to an executive body is not considered, or if there is a dispute in decision-making, the entrepreneur will have an opportunity to submit a complaint directly to the Boards of Appeal of the central and local executive authorities, and in case if he/she is not satisfied with their decision he/she can appeal to the Board of Appeal under the President of Azerbaijan.
"One of the most interesting and important points is that the entrepreneur will have a chance to participate in the process of resolution of a dispute from the date of appeal to the Board. This mechanism, in turn, will provide an opportunity to deal with complaints and issues in a transparent manner, on the basis of transparent procedures, elimination of bureaucratic obstacles hindering the development of entrepreneurship, a more effective fight against corruption, operative and objective settlement of problems arisen in the normal operation of entrepreneurs, and increasing their confidence in the state," he added.
Who can appeal to Board?
Nuriyev said all physical and legal entities engaged in entrepreneurship activities can make a complaint to the appropriate boards of appeal in case of absolute or partial dissatisfaction with the decision taken on their business activities by the central or local authorities, refusal to make a decision, and an action or inaction.
"The entrepreneurs can appeal to the Board of Appeal under the President of Azerbaijan if they are dissatisfied with the decisions of the central and local boards of appeal, these bodies' rejection to take a decision, as well as their action or inaction," Nuriyev said.
He also said in the last few days, the Board of Appeal under the Azerbaijani President has received many complaints on the decisions taken by a number of authorities, and their number is growing every day. "It is projected that growth dynamics will continue in the future."
To reduce the number of complaints and to prevent unnecessary growth of complaints to the Board of Appeal, the central and local executive authorities should take necessary measures, to consider the appeals of the entrepreneurs with high responsibility, to consider these complaints promptly and fairly, to ensure legitimate demands and requests, and to eliminate bureaucratic factors, shortcomings and failures.
"The entrepreneurs, in their turn, should responsibly make complaints, well knowing their rights and obligations, complying strictly with the provisions of the law, not bringing unwarranted claims, and refraining from unnecessary complaints," Nuriyev stressed.
Only the entrepreneurs and their legal representatives can make complaints to the Boards of Appeals Board, and these complaints should only be associated with their business activities.
"In addition, the entrepreneurs should comply with the rules of submission of complaints, the form and content of the complaint, and other requirements. Otherwise, it will be impossible to resolve their complaints in accordance with the law," he said.
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Aynur Karimova is AzerNews’ staff journalist, follow her on Twitter: @Aynur_Karimova
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