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Regulations

I. General Provisions

 

1.1

The Ministry of Communications and High Technologies of the Republic of Azerbaijan (hereinafter referred to as “the Ministry”) is a central executive body which formulates and implements state policy, secures the legal normative regulation in the areas of communications (telecommunication, post) and high technologies (information technologies, microelectronics, space, nano, bio and other innovative knowledge-based technologies) (hereinafter referred to as relevant area) 

 

1.2

The Ministry is guided by the Constitution of the Republic of Azerbaijan, laws of the Republic of Azerbaijan, decrees and orders of the President of the Republic of Azerbaijan, decisions and resolutions of the Cabinet of Ministers of the Republic of Azerbaijan, international agreements adhered by the Republic of Azerbaijan and this Regulation.

 

1.3

In order to execute the functions and responsibilities set forth in this Regulation, the Ministry interacts with central and local executive bodies, local self-government institutions, as well as international and non-governmental organizations.

 

1.4

The Ministry possesses an independent balance sheet, state property being respectively under its disposal by law, respective accounts in banks, seal with State Emblem and its title engraved on it, respective stamps and letterheads.

 

1.5

The costs of running the central body of the Ministry are financed through the state budget of the Republic of Azerbaijan and other sources specified in the legislation.

 

1.6

The Ministry is located in Baku city.

II. Main Duties of the Ministry

 

 

3.1 The Ministry conducts the following functions in accordance with the duties set forth by this Regulation:
3.1.1 with relevant government agencies to identify priorities for the development of the industry, to ensure the implementation of state programs and development concepts;
3.1.2 taking into account advanced international practice, to ensure the proper application of scientific and technological achievements in the relevant field, to coordinate innovative activities for high-tech research, development, use, improvement and innovative activities, with other relevant government agencies to take necessary measures in this field;
3.1.3 to implement the activities for the organization and management of high technologies parks;
3.1.4 to ensure the development , implementation and management of investment projects of international and local importance in the relevant field with other relevant government agencies; 
3.1.5 to implement measures with relevant government agencies to ensure information security and data protection;
3.1.6 to coordinate the activities of other executive authorities in the relevant field;
3.1.7 to fulfill the obligations with relevant government agencies resulting from developing state regulation mechanisms in the relevant field , improving and rule-making activities;
3.1.8 grant special permit (license) for provision of telecommunications services, establishment and maintenance of biometric technologies, development of information resources of personal data and creation of information systems and provide services to them, to monitor compliance with the requirements and conditions of the license;
3.1.9 to implement state control in the relevant field;
3.1.10 to implement appropriate measures for the protection of state secrets and confidentiality, as well as implement security measures;
3.1.11 to take measures to meet demand in the relevant field;
3.1.12 with relevant government agencies to ensure control over the development of markets for certain services, make analysis of services markets, determine specific requirements for the activities of dominating operators and service providers;
3.1.13 with relevant government agencies to determine the quality of services, including Internet services in the relevant field, as well as control and monitor the quality of services of business entities functioning in the relevant field irrespective of their ownership and legal organizational form ;
3.1.14 
to determine the rules for the connection to the public telecommunications network and use it, policy for the development of the network, its improvement, cost-effective and reliable usage;
3.1.15 To grant special permission in determined cases and specified order in the List of central executive authorities granting “Special license for circulation of items may belong to certain parties of civil circulation and circulation which is allowed only on the basis of special permission (with limited civil circulation)”, as well as grant special license for goods (work, facilities, results of intellectual activity) liable to export control in cases as determined by the Cabinet of Ministers of the Republic of Azerbaijan;
3.1.16 to participate in the regulation of the use of radio frequency resources of the Republic of Azerbaijan and their protection;
3.1.17 to grant permission for distribution of foreign periodicals in Azerbaijan whose founder and permanent editorial office is outside Azerbaijan Republic, in cases as defined by the Law of the Republic of Azerbaijan on “Mass Media”;
3.1.18 to detect and prevent the services organized but not complying with the existing rules and standards in the relevant field with relevant authorities and take measures;
3.1.19 To monitor mutual accounts for international load (traffic) and mail exchange with telecommunications operators and postal operators of foreign countries in accordance with the International Telecommunication Regulations (ITRs), the acts of the Universal Postal Union;
3.1.20 to define the terms of interconnection among operators, regulate the activities in this field, take action on the resolution of disputes;
3.1.21 To prevent monopolistic activity and unfair competition in the relevant field by economic entities, take measures with the Ministry of Economy and Industry of the Republic of Azerbaijan for the formation of healthy competition and protection of consumer rights; 
3.1.22 To define the rules for allocation and utilization of number resources of Azerbaijani segment (country code) for single telecommunications network and international telecommunications network, in accordance with these rules to control the implementation of Number Portability between operators;
3.1.23 to regulate registration and use of country code top-level domain names in accordance with international standards with the participation of relevant bodies;
3.1.24 To conduct registration of mobile devices as specified by the Cabinet of Ministers of the Republic of Azerbaijan;
3.1.25 to control the activities of enterprises providing postal services in the field of fighting criminally obtained funds or other property of money laundering and against financing of terrorism;
3.1.26 to define the rules for use of radio frequencies, radio electronic facilities and devices in this field, control their implementation and conduct monitoring of electromagnetic field of telecommunications devices;
3.1.27 to carry out the functions of the client in the construction funded by the state in cases and manner specified in the Town Planning and Construction Code of the Republic of Azerbaijan;
3.1.28 To make proposals for the construction of facilities of state importance in the relevant field;
3.1.29 to define the classification, organization, quality, term, and other requirements of universal telecommunications services and take necessary measures for oversight services;
3.1.30 to make recommendations in order to coordinate the activities of operators, service providers, other legal entities operating in the relevant field and individuals engaged in entrepreneurial activities;
3.1.31 to participate in the formation of tariff policy on the issues related to the relevant field, to submit proposals for tariffs in this field regulated by the state, to monitor the tariffs of operators and providers for services in the relevant field that are not regulated by state and give them recommendations;
3.1.32 to carry out certification of telecommunications equipment and facilities as defined in the Law of the Republic of Azerbaijan “On Telecommunications” 
3.1.33 To ensure taking necessary measures for the implementation of activities established in the field of postal financial services in accordance with the law of the Republic of Azerbaijan “On Mail”;
3.1.34 To determine rules for development of state postage stamps, approval of nominal value and copies, their printing, putting in circulation and withdrawing from circulation and exercise control over this field;
3.1.35 To determine indexes for postal facilities in Azerbaijan Republic and standards for control-transition periods and monitor the quality of postal services;
3.1.36 to approve the provisions of universal postal services, define quality standards and make proposals on tariffs for these services;
3.1.37 To ensure stable operation of telecommunications networks in emergency situations, toward this end to develop plans for collection of material resources and participate in their implementation;
3.1.38 to represent the interests of state in enterprises operating in the respective area and having state’s share in its authorized capital in the event of assigned to the Ministry;
3.1.39 to develop and implement the necessary measures for providing the country’s population in all areas with quality and reliable telecommunications and broadband internet services;
3.1.40 to take the necessary measures for the development of postal service and postal financial services;
3.1.41 to organize radio and television broadcasting, as well as digital television broadcasting in the territory of the Republic of Azerbaijan with the concerned authorities;
3.1.42 to expand scientific research in space field, develop and implement necessary measures on improvement of the efficiency and application of the results in relevant areas; 
3.1.43 to organize activities for obtaining new orbital positions of the Republic of Azerbaijan and protect the rights to the ownership and utilization for existing positions;
3.1.44 to organize the launch and management of satellites for various purposes and providing services to them, as well as to take measures for their effective operation;
3.1.45 to develop and implement necessary measures with other relevant government agencies in order to expand country’s transit information corridor, coordinate the activities of local and foreign operators in this field, attract investments, secure international support ;
3.1.46 to take necessary measures in order to increase the capacity of alternative and sustainable connection to the global information and telecommunications network;
3.1.47 to expand the network of regional data centers and implement the organization of information services;
3.1.48 to develop and implement necessary measures for the expansion of research in the field of high technologies with concerned authorities, improve the efficiency and application of the results in relevant areas; 
3.1.49 with relevant government agencies to develop and implement necessary measures for the expansion of scientific and technical research on nuclear technologies, increase the efficiency and application of the results in relevant areas; 
3.1.50 to develop public-private sector partnership in relevant field;
3.1.51 to expand the use of high technologies in the areas of production with relevant government agencies, develop proposals for development and manufacture of high-tech and knowledge-intensive products and take measures for their implementation;
3.1.52 to develop proposals on improving investment climate in the relevant area with relevant government agencies, stimulate investments and take measures to attract local and foreign investments;
3.1.53 to finance projects on stimulation of activities in the field of information and communication technologies, application of innovations in this field, as well as applied research projects through the State Fund for Development of Information Technologies under the Ministry;
3.1.54 to analyze the state of cyber security in the country constantly, coordinate the activities of information infrastructure entities in the field of cyber security, to provide information to the public, private and other institutions on current and potential electronic threats when using electronic means, render them technical and methodical assistance, with national internet operators and relevant government agencies to take preventive measures to prevent global cyber attacks in the common internet traffic incoming in the country; 
3.1.55 to develop and implement necessary measures with relevant government agencies to prevent external intrusion into the country’s airspace;
3.1.56 with other relevant government agencies to verify the compliance of collection, processing and protection of personal data in the information systems included in the state register with the requirements of the Law of the Republic of Azerbaijan “On Personal Data”, as well as with the declared objectives of information systems of information and methods of their use;
3.1.57 with relevant government agencies to carry out audit of the security of information systems and networks in order to detect and prevent electronic threats;
3.1.58 to organize protection of facilities in the relevant field and participate in the elimination of emergency situations;
3.1.59 with relevant government agencies to take measures to establish special-purpose telecommunication networks of state authorities, provide technical support to such networks and ensure their security;
3.1.60 to coordinate activities for the development of e-government and take necessary measures with relevant government agencies;
3.1.61 to provide the establishment, management, operation and development of e-government portal;
3.1.62 to organize exchange of information between information systems and resources of government agencies and provision of e-services through e-government portal;
3.1.63 to ensure the organization and provision of e-services in relevant field as defined by the Cabinet of Ministers of the Republic of Azerbaijan;
3.1.64 to ensure the development of electronic signature infrastructure, implementation of its management and supervision in this field, maintain records of certification services centers;
3.1.65 to take measures for the implementation of the project e-government, as well as create information systems and resources, submit proposals on identification of technical requirements and standards for their integration;
3.1.66 to keep public register of state information resources and information systems of personal data; 
3.1.67 to develop and implement necessary measures in order to eliminate the digital divide in the use of information technologies among different groups of population in urban and rural areas;
3.1.68 to develop and implement necessary measures with concerned authorities relating to the development of knowledge-based economy, as well as new forms of socio-economic activities (e-commerce, telemedicine, telework etc.) 
3.1.69 to develop and implement necessary measures with concerned authorities on the development of national internet resources;
3.1.70 with relevant government agencies to perform the obligations resulting from development, improvement and rule-making activities as mechanisms of state regulation in the relevant field;
3.1.71 To participate in the development of state standards and classifications in relevant field; 
3.1.72 to take measures for taking into consideration the recommendations of international organizations in its activities in the relevant field; 
3.1.73 to ensure the implementation of international treaties ratified by the Republic of Azerbaijan;
3.1.74 to ensure the implementation of human rights and freedom and prevent their violation;
3.1.75 to ensure the effective use of the budgetary funds allocated to the relevant area, loans, grants and other financial resources;
3.1.76 to coordinate the work of agencies that are part of the ministry’s structure and those are under subordination of the ministry and exercise control over their activities;
3.1.77 to analyze the activities and financial condition of agencies that are part of the ministry’s structure and those are under subordination of the ministry, submit proposals on how to improve the efficiency of their activities and take measures, to develop projections of socio-economic development, including estimates of revenues and expenditure and supervise their implementation;
3.1.78 to inform the population on its activities, creation of its website, placing of public information on its site as defined by the Law of the Republic of Azerbaijan on public information disclosure, and ensure constantly updating of the information;
3.1.79 to ensure the participation of the public in its activities and cooperation with private sector and civil society institutions;
3.1.80 to develop and implement necessary measures for the improvement of labour safety and working conditions in the relevant field;
3.1.81 to ensure social and cultural welfare conditions of the workers in relevant field ;
3.1.82 to implement measures in the direction of improving the structure and functioning of the Ministry;
3.1.83 to consider the applications and complaints related to the activity of the Ministry, respond to them in a timely manner and take other measures;
3.1.84 to perform other functions defined by the acts of the President of the Republic of Azerbaijan.

2.1  The main duties of the Ministry are as follows:

 

2.1.1 to formulate and implement unified state policy in the field of communication and high  technologies;

 

2.1.2 to conduct state regulation in the field of communications and high technologies;

 

2.1.3 ensures efficient use of telecommunications, including wireless technologies, broadband Internet, mail, radio and TV  broadcasting and radio frequencies;

 

2.1.4 takes necessary measures for expansion of satellite infrastructure and with  relevant government agencies carries out research on the development of the space industry;      

 

2.1.5    participates in creation and expansion of transit information highways and nodes and regional information services;

 

2.1.6    together with relevant government bodies, develops and implements scientific-technical and innovation policies for high technologies;

 

2.1.7   with relevant government bodies  implements measures  to strengthen  the capacity of high technologies sector, to  encourage development of a competitive high technologies, knowledge-intensive, low-cost products and services and innovative businesses;

 

2.1.8  with relevant government agencies carries out work to  develop and use of nuclear technologies for peaceful purposes;

 

2.1.9   participates in policy-making and implementation in the field of  information security, prevention of  global cyber attacks, protection of  national electronic information resources;

 

2.1.10 with relevant government bodies implements measures  to establish and  operate special-purpose telecommunication networks for public agencies and  ensure their safety;

 

2.1.11 with relevant government agencies provides  the development of e-government;

 

2.1.12 provides the development of e-signature infrastructure and their widespread use;

 

2.1.13 develops and implements measures for the development of  information society;

 

2.1.14 implements rule-making  activities in the relevant field;

 

2.1.15 implements measures for the development of the relevant  field.

 

III. Functions of the Ministry

 

 

3.1 The Ministry conducts the following functions in accordance with the duties set forth by this Regulation:
3.1.1 with relevant government agencies to identify priorities for the development of the industry, to ensure the implementation of state programs and development concepts;
3.1.2 taking into account advanced international practice, to ensure the proper application of scientific and technological achievements in the relevant field, to coordinate innovative activities for high-tech research, development, use, improvement and innovative activities, with other relevant government agencies to take necessary measures in this field;
3.1.3 to implement the activities for the organization and management of high technologies parks;
3.1.4 to ensure the development , implementation and management of investment projects of international and local importance in the relevant field with other relevant government agencies; 
3.1.5 to implement measures with relevant government agencies to ensure information security and data protection;
3.1.6 to coordinate the activities of other executive authorities in the relevant field;
3.1.7 to fulfill the obligations with relevant government agencies resulting from developing state regulation mechanisms in the relevant field , improving and rule-making activities;
3.1.8 grant special permit (license) for provision of telecommunications services, establishment and maintenance of biometric technologies, development of information resources of personal data and creation of information systems and provide services to them, to monitor compliance with the requirements and conditions of the license;
3.1.9 to implement state control in the relevant field;
3.1.10 to implement appropriate measures for the protection of state secrets and confidentiality, as well as implement security measures;
3.1.11 to take measures to meet demand in the relevant field;
3.1.12 with relevant government agencies to ensure control over the development of markets for certain services, make analysis of services markets, determine specific requirements for the activities of dominating operators and service providers;
3.1.13 with relevant government agencies to determine the quality of services, including Internet services in the relevant field, as well as control and monitor the quality of services of business entities functioning in the relevant field irrespective of their ownership and legal organizational form ;
3.1.14 
to determine the rules for the connection to the public telecommunications network and use it, policy for the development of the network, its improvement, cost-effective and reliable usage;
3.1.15 To grant special permission in determined cases and specified order in the List of central executive authorities granting “Special license for circulation of items may belong to certain parties of civil circulation and circulation which is allowed only on the basis of special permission (with limited civil circulation)”, as well as grant special license for goods (work, facilities, results of intellectual activity) liable to export control in cases as determined by the Cabinet of Ministers of the Republic of Azerbaijan;
3.1.16 to participate in the regulation of the use of radio frequency resources of the Republic of Azerbaijan and their protection;
3.1.17 to grant permission for distribution of foreign periodicals in Azerbaijan whose founder and permanent editorial office is outside Azerbaijan Republic, in cases as defined by the Law of the Republic of Azerbaijan on “Mass Media”;
3.1.18 to detect and prevent the services organized but not complying with the existing rules and standards in the relevant field with relevant authorities and take measures;
3.1.19 To monitor mutual accounts for international load (traffic) and mail exchange with telecommunications operators and postal operators of foreign countries in accordance with the International Telecommunication Regulations (ITRs), the acts of the Universal Postal Union;
3.1.20 to define the terms of interconnection among operators, regulate the activities in this field, take action on the resolution of disputes;
3.1.21 To prevent monopolistic activity and unfair competition in the relevant field by economic entities, take measures with the Ministry of Economy and Industry of the Republic of Azerbaijan for the formation of healthy competition and protection of consumer rights; 
3.1.22 To define the rules for allocation and utilization of number resources of Azerbaijani segment (country code) for single telecommunications network and international telecommunications network, in accordance with these rules to control the implementation of Number Portability between operators;
3.1.23 to regulate registration and use of country code top-level domain names in accordance with international standards with the participation of relevant bodies;
3.1.24 To conduct registration of mobile devices as specified by the Cabinet of Ministers of the Republic of Azerbaijan;
3.1.25 to control the activities of enterprises providing postal services in the field of fighting criminally obtained funds or other property of money laundering and against financing of terrorism;
3.1.26 to define the rules for use of radio frequencies, radio electronic facilities and devices in this field, control their implementation and conduct monitoring of electromagnetic field of telecommunications devices;
3.1.27 to carry out the functions of the client in the construction funded by the state in cases and manner specified in the Town Planning and Construction Code of the Republic of Azerbaijan;
3.1.28 To make proposals for the construction of facilities of state importance in the relevant field;
3.1.29 to define the classification, organization, quality, term, and other requirements of universal telecommunications services and take necessary measures for oversight services;
3.1.30 to make recommendations in order to coordinate the activities of operators, service providers, other legal entities operating in the relevant field and individuals engaged in entrepreneurial activities;
3.1.31 to participate in the formation of tariff policy on the issues related to the relevant field, to submit proposals for tariffs in this field regulated by the state, to monitor the tariffs of operators and providers for services in the relevant field that are not regulated by state and give them recommendations;
3.1.32 to carry out certification of telecommunications equipment and facilities as defined in the Law of the Republic of Azerbaijan “On Telecommunications” 
3.1.33 To ensure taking necessary measures for the implementation of activities established in the field of postal financial services in accordance with the law of the Republic of Azerbaijan “On Mail”;
3.1.34 To determine rules for development of state postage stamps, approval of nominal value and copies, their printing, putting in circulation and withdrawing from circulation and exercise control over this field;
3.1.35 To determine indexes for postal facilities in Azerbaijan Republic and standards for control-transition periods and monitor the quality of postal services;
3.1.36 to approve the provisions of universal postal services, define quality standards and make proposals on tariffs for these services;
3.1.37 To ensure stable operation of telecommunications networks in emergency situations, toward this end to develop plans for collection of material resources and participate in their implementation;
3.1.38 to represent the interests of state in enterprises operating in the respective area and having state’s share in its authorized capital in the event of assigned to the Ministry;
3.1.39 to develop and implement the necessary measures for providing the country’s population in all areas with quality and reliable telecommunications and broadband internet services;
3.1.40 to take the necessary measures for the development of postal service and postal financial services;
3.1.41 to organize radio and television broadcasting, as well as digital television broadcasting in the territory of the Republic of Azerbaijan with the concerned authorities;
3.1.42 to expand scientific research in space field, develop and implement necessary measures on improvement of the efficiency and application of the results in relevant areas; 
3.1.43 to organize activities for obtaining new orbital positions of the Republic of Azerbaijan and protect the rights to the ownership and utilization for existing positions;
3.1.44 to organize the launch and management of satellites for various purposes and providing services to them, as well as to take measures for their effective operation;
3.1.45 to develop and implement necessary measures with other relevant government agencies in order to expand country’s transit information corridor, coordinate the activities of local and foreign operators in this field, attract investments, secure international support ;
3.1.46 to take necessary measures in order to increase the capacity of alternative and sustainable connection to the global information and telecommunications network;
3.1.47 to expand the network of regional data centers and implement the organization of information services;
3.1.48 to develop and implement necessary measures for the expansion of research in the field of high technologies with concerned authorities, improve the efficiency and application of the results in relevant areas; 
3.1.49 with relevant government agencies to develop and implement necessary measures for the expansion of scientific and technical research on nuclear technologies, increase the efficiency and application of the results in relevant areas; 
3.1.50 to develop public-private sector partnership in relevant field;
3.1.51 to expand the use of high technologies in the areas of production with relevant government agencies, develop proposals for development and manufacture of high-tech and knowledge-intensive products and take measures for their implementation;
3.1.52 to develop proposals on improving investment climate in the relevant area with relevant government agencies, stimulate investments and take measures to attract local and foreign investments;
3.1.53 to finance projects on stimulation of activities in the field of information and communication technologies, application of innovations in this field, as well as applied research projects through the State Fund for Development of Information Technologies under the Ministry;
3.1.54 to analyze the state of cyber security in the country constantly, coordinate the activities of information infrastructure entities in the field of cyber security, to provide information to the public, private and other institutions on current and potential electronic threats when using electronic means, render them technical and methodical assistance, with national internet operators and relevant government agencies to take preventive measures to prevent global cyber attacks in the common internet traffic incoming in the country; 
3.1.55 to develop and implement necessary measures with relevant government agencies to prevent external intrusion into the country’s airspace;
3.1.56 with other relevant government agencies to verify the compliance of collection, processing and protection of personal data in the information systems included in the state register with the requirements of the Law of the Republic of Azerbaijan “On Personal Data”, as well as with the declared objectives of information systems of information and methods of their use;
3.1.57 with relevant government agencies to carry out audit of the security of information systems and networks in order to detect and prevent electronic threats;
3.1.58 to organize protection of facilities in the relevant field and participate in the elimination of emergency situations;
3.1.59 with relevant government agencies to take measures to establish special-purpose telecommunication networks of state authorities, provide technical support to such networks and ensure their security;
3.1.60 to coordinate activities for the development of e-government and take necessary measures with relevant government agencies;
3.1.61 to provide the establishment, management, operation and development of e-government portal;
3.1.62 to organize exchange of information between information systems and resources of government agencies and provision of e-services through e-government portal;
3.1.63 to ensure the organization and provision of e-services in relevant field as defined by the Cabinet of Ministers of the Republic of Azerbaijan;
3.1.64 to ensure the development of electronic signature infrastructure, implementation of its management and supervision in this field, maintain records of certification services centers;
3.1.65 to take measures for the implementation of the project e-government, as well as create information systems and resources, submit proposals on identification of technical requirements and standards for their integration;
3.1.66 to keep public register of state information resources and information systems of personal data; 
3.1.67 to develop and implement necessary measures in order to eliminate the digital divide in the use of information technologies among different groups of population in urban and rural areas;
3.1.68 to develop and implement necessary measures with concerned authorities relating to the development of knowledge-based economy, as well as new forms of socio-economic activities (e-commerce, telemedicine, telework etc.) 
3.1.69 to develop and implement necessary measures with concerned authorities on the development of national internet resources;
3.1.70 with relevant government agencies to perform the obligations resulting from development, improvement and rule-making activities as mechanisms of state regulation in the relevant field;
3.1.71 To participate in the development of state standards and classifications in relevant field; 
3.1.72 to take measures for taking into consideration the recommendations of international organizations in its activities in the relevant field; 
3.1.73 to ensure the implementation of international treaties ratified by the Republic of Azerbaijan;
3.1.74 to ensure the implementation of human rights and freedom and prevent their violation;
3.1.75 to ensure the effective use of the budgetary funds allocated to the relevant area, loans, grants and other financial resources;
3.1.76 to coordinate the work of agencies that are part of the ministry’s structure and those are under subordination of the ministry and exercise control over their activities;
3.1.77 to analyze the activities and financial condition of agencies that are part of the ministry’s structure and those are under subordination of the ministry, submit proposals on how to improve the efficiency of their activities and take measures, to develop projections of socio-economic development, including estimates of revenues and expenditure and supervise their implementation;
3.1.78 to inform the population on its activities, creation of its website, placing of public information on its site as defined by the Law of the Republic of Azerbaijan on public information disclosure, and ensure constantly updating of the information;
3.1.79 to ensure the participation of the public in its activities and cooperation with private sector and civil society institutions;
3.1.80 to develop and implement necessary measures for the improvement of labour safety and working conditions in the relevant field;
3.1.81 to ensure social and cultural welfare conditions of the workers in relevant field ;
3.1.82 to implement measures in the direction of improving the structure and functioning of the Ministry;
3.1.83 to consider the applications and complaints related to the activity of the Ministry, respond to them in a timely manner and take other measures;
3.1.84 to perform other functions defined by the acts of the President of the Republic of Azerbaijan.

3.1 The Ministry conducts the following functions in accordance with the duties set forth by this Regulation:

 

 

3.1.1 with relevant government agencies to identify priorities for the development of the industry, to ensure the implementation of state programs and development concepts;

 

 

3.1.2 taking into account advanced international practice, to ensure the proper application of scientific and technological achievements in the relevant field, to coordinate innovative activities for high-tech research, development, use, improvement and innovative activities, with other relevant government agencies to take necessary measures in this field;

 

 

3.1.3 to implement the activities for the organization and management of high technologies parks;

 

 

3.1.4 to ensure the development , implementation and management of investment projects of international and local importance in the relevant field with other relevant government agencies; 

 

 

3.1.5 to implement measures with relevant government agencies to ensure information security and data protection;

 

 

3.1.6 to coordinate the activities of other executive authorities in the relevant field;

 

 

3.1.7 to fulfill the obligations with relevant government agencies resulting from developing state regulation mechanisms in the relevant field , improving and rule-making activities;

 

 

3.1.8 grant special permit (license) for provision of telecommunications services, establishment and maintenance of biometric technologies, development of information resources of personal data and creation of information systems and provide services to them, to monitor compliance with the requirements and conditions of the license;

 

 

3.1.9 to implement state control in the relevant field;

 

 

3.1.10 to implement appropriate measures for the protection of state secrets and confidentiality, as well as implement security measures;

 

 

3.1.11 to take measures to meet demand in the relevant field;

 

 

3.1.12 with relevant government agencies to ensure control over the development of markets for certain services, make analysis of services markets, determine specific requirements for the activities of dominating operators and service providers;

 

 

3.1.13 with relevant government agencies to determine the quality of services, including Internet services in the relevant field, as well as control and monitor the quality of services of business entities functioning in the relevant field irrespective of their ownership and legal organizational form ;

 

 

3.1.14  to determine the rules for the connection to the public telecommunications network and use it, policy for the development of the network, its improvement, cost-effective and reliable usage;

 

 

3.1.15 To grant special permission in determined cases and specified order in the List of central executive authorities granting “Special license for circulation of items may belong to certain parties of civil circulation and circulation which is allowed only on the basis of special permission (with limited civil circulation)”, as well as grant special license for goods (work, facilities, results of intellectual activity) liable to export control in cases as determined by the Cabinet of Ministers of the Republic of Azerbaijan;

 

 

3.1.16 to participate in the regulation of the use of radio frequency resources of the Republic of Azerbaijan and their protection;

 

 

3.1.17 to grant permission for distribution of foreign periodicals in Azerbaijan whose founder and permanent editorial office is outside Azerbaijan Republic, in cases as defined by the Law of the Republic of Azerbaijan on “Mass Media”;

 

 

3.1.18 to detect and prevent the services organized but not complying with the existing rules and standards in the relevant field with relevant authorities and take measures;

 

 

3.1.19 To monitor mutual accounts for international load (traffic) and mail exchange with telecommunications operators and postal operators of foreign countries in accordance with the International Telecommunication Regulations (ITRs), the acts of the Universal Postal Union;

 

 

3.1.20 to define the terms of interconnection among operators, regulate the activities in this field, take action on the resolution of disputes;

 

 

3.1.21 To prevent monopolistic activity and unfair competition in the relevant field by economic entities, take measures with the Ministry of Economy and Industry of the Republic of Azerbaijan for the formation of healthy competition and protection of consumer rights; 

 

 

3.1.22 To define the rules for allocation and utilization of number resources of Azerbaijani segment (country code) for single telecommunications network and international telecommunications network, in accordance with these rules to control the implementation of Number Portability between operators;

 

 

3.1.23 to regulate registration and use of country code top-level domain names in accordance with international standards with the participation of relevant bodies;

 

 

3.1.24 To conduct registration of mobile devices as specified by the Cabinet of Ministers of the Republic of Azerbaijan;

 

 

3.1.25 to control the activities of enterprises providing postal services in the field of fighting criminally obtained funds or other property of money laundering and against financing of terrorism;

 

 

3.1.26 to define the rules for use of radio frequencies, radio electronic facilities and devices in this field, control their implementation and conduct monitoring of electromagnetic field of telecommunications devices;

 

 

3.1.27 to carry out the functions of the client in the construction funded by the state in cases and manner specified in the Town Planning and Construction Code of the Republic of Azerbaijan;

 

 

3.1.28 To make proposals for the construction of facilities of state importance in the relevant field;

 

 

3.1.29 to define the classification, organization, quality, term, and other requirements of universal telecommunications services and take necessary measures for oversight services;

 

 

3.1.30 to make recommendations in order to coordinate the activities of operators, service providers, other legal entities operating in the relevant field and individuals engaged in entrepreneurial activities;

 

 

3.1.31 to participate in the formation of tariff policy on the issues related to the relevant field, to submit proposals for tariffs in this field regulated by the state, to monitor the tariffs of operators and providers for services in the relevant field that are not regulated by state and give them recommendations;

 

 

3.1.32 to carry out certification of telecommunications equipment and facilities as defined in the Law of the Republic of Azerbaijan “On Telecommunications” 

 

 

3.1.33 To ensure taking necessary measures for the implementation of activities established in the field of postal financial services in accordance with the law of the Republic of Azerbaijan “On Mail”;

 

 

3.1.34 To determine rules for development of state postage stamps, approval of nominal value and copies, their printing, putting in circulation and withdrawing from circulation and exercise control over this field;

 

 

3.1.35 To determine indexes for postal facilities in Azerbaijan Republic and standards for control-transition periods and monitor the quality of postal services;

 

 

3.1.36 to approve the provisions of universal postal services, define quality standards and make proposals on tariffs for these services;

 

 

3.1.37 To ensure stable operation of telecommunications networks in emergency situations, toward this end to develop plans for collection of material resources and participate in their implementation;

 

 

3.1.38 to represent the interests of state in enterprises operating in the respective area and having state’s share in its authorized capital in the event of assigned to the Ministry;

 

 

3.1.39 to develop and implement the necessary measures for providing the country’s population in all areas with quality and reliable telecommunications and broadband internet services;

 

 

3.1.40 to take the necessary measures for the development of postal service and postal financial services;

 

 

3.1.41 to organize radio and television broadcasting, as well as digital television broadcasting in the territory of the Republic of Azerbaijan with the concerned authorities;

 

 

3.1.42 to expand scientific research in space field, develop and implement necessary measures on improvement of the efficiency and application of the results in relevant areas; 

 

 

3.1.43 to organize activities for obtaining new orbital positions of the Republic of Azerbaijan and protect the rights to the ownership and utilization for existing positions;

 

 

3.1.44 to organize the launch and management of satellites for various purposes and providing services to them, as well as to take measures for their effective operation;

 

 

3.1.45 to develop and implement necessary measures with other relevant government agencies in order to expand country’s transit information corridor, coordinate the activities of local and foreign operators in this field, attract investments, secure international support ;

 

 

3.1.46 to take necessary measures in order to increase the capacity of alternative and sustainable connection to the global information and telecommunications network;

 

 

3.1.47 to expand the network of regional data centers and implement the organization of information services;

 

 

3.1.48 to develop and implement necessary measures for the expansion of research in the field of high technologies with concerned authorities, improve the efficiency and application of the results in relevant areas; 

 

 

3.1.49 with relevant government agencies to develop and implement necessary measures for the expansion of scientific and technical research on nuclear technologies, increase the efficiency and application of the results in relevant areas; 

 

 

3.1.50 to develop public-private sector partnership in relevant field;

 

 

3.1.51 to expand the use of high technologies in the areas of production with relevant government agencies, develop proposals for development and manufacture of high-tech and knowledge-intensive products and take measures for their implementation;

 

 

3.1.52 to develop proposals on improving investment climate in the relevant area with relevant government agencies, stimulate investments and take measures to attract local and foreign investments;

 

 

3.1.53 to finance projects on stimulation of activities in the field of information and communication technologies, application of innovations in this field, as well as applied research projects through the State Fund for Development of Information Technologies under the Ministry;

 

 

3.1.54 to analyze the state of cyber security in the country constantly, coordinate the activities of information infrastructure entities in the field of cyber security, to provide information to the public, private and other institutions on current and potential electronic threats when using electronic means, render them technical and methodical assistance, with national internet operators and relevant government agencies to take preventive measures to prevent global cyber attacks in the common internet traffic incoming in the country; 

 

 

3.1.55 to develop and implement necessary measures with relevant government agencies to prevent external intrusion into the country’s airspace;

 

 

3.1.56 with other relevant government agencies to verify the compliance of collection, processing and protection of personal data in the information systems included in the state register with the requirements of the Law of the Republic of Azerbaijan “On Personal Data”, as well as with the declared objectives of information systems of information and methods of their use;

 

 

3.1.57 with relevant government agencies to carry out audit of the security of information systems and networks in order to detect and prevent electronic threats;

 

 

3.1.58 to organize protection of facilities in the relevant field and participate in the elimination of emergency situations;

 

 

3.1.59 with relevant government agencies to take measures to establish special-purpose telecommunication networks of state authorities, provide technical support to such networks and ensure their security;

 

 

3.1.60 to coordinate activities for the development of e-government and take necessary measures with relevant government agencies;

 

 

3.1.61 to provide the establishment, management, operation and development of e-government portal;

 

 

3.1.62 to organize exchange of information between information systems and resources of government agencies and provision of e-services through e-government portal;

 

 

3.1.63 to ensure the organization and provision of e-services in relevant field as defined by the Cabinet of Ministers of the Republic of Azerbaijan;

 

 

3.1.64 to ensure the development of electronic signature infrastructure, implementation of its management and supervision in this field, maintain records of certification services centers;

 

 

3.1.65 to take measures for the implementation of the project e-government, as well as create information systems and resources, submit proposals on identification of technical requirements and standards for their integration;

 

 

3.1.66 to keep public register of state information resources and information systems of personal data; 

 

 

3.1.67 to develop and implement necessary measures in order to eliminate the digital divide in the use of information technologies among different groups of population in urban and rural areas;

 

 

3.1.68 to develop and implement necessary measures with concerned authorities relating to the development of knowledge-based economy, as well as new forms of socio-economic activities (e-commerce, telemedicine, telework etc.) 

 

 

3.1.69 to develop and implement necessary measures with concerned authorities on the development of national internet resources;

 

 

3.1.70 with relevant government agencies to perform the obligations resulting from development, improvement and rule-making activities as mechanisms of state regulation in the relevant field;

 

 

3.1.71 To participate in the development of state standards and classifications in relevant field; 

 

 

3.1.72 to take measures for taking into consideration the recommendations of international organizations in its activities in the relevant field; 

 

 

3.1.73 to ensure the implementation of international treaties ratified by the Republic of Azerbaijan;

 

 

3.1.74 to ensure the implementation of human rights and freedom and prevent their violation;

 

 

3.1.75 to ensure the effective use of the budgetary funds allocated to the relevant area, loans, grants and other financial resources;

 

 

3.1.76 to coordinate the work of agencies that are part of the ministry’s structure and those are under subordination of the ministry and exercise control over their activities;

 

 

3.1.77 to analyze the activities and financial condition of agencies that are part of the ministry’s structure and those are under subordination of the ministry, submit proposals on how to improve the efficiency of their activities and take measures, to develop projections of socio-economic development, including estimates of revenues and expenditure and supervise their implementation;

 

 

3.1.78 to inform the population on its activities, creation of its website, placing of public information on its site as defined by the Law of the Republic of Azerbaijan on public information disclosure, and ensure constantly updating of the information;

 

 

3.1.79 to ensure the participation of the public in its activities and cooperation with private sector and civil society institutions;

 

 

3.1.80 to develop and implement necessary measures for the improvement of labour safety and working conditions in the relevant field;

 

 

3.1.81 to ensure social and cultural welfare conditions of the workers in relevant field ;

 

 

3.1.82 to implement measures in the direction of improving the structure and functioning of the Ministry;

 

 

3.1.83 to consider the applications and complaints related to the activity of the Ministry, respond to them in a timely manner and take other measures;

 

 

3.1.84 to perform other functions defined by the acts of the President of the Republic of Azerbaijan.

 

 

 

IV. The Rights of the Ministry

 

4.1 The Ministry is entitled with the following rights for fulfilling its duties and functions;

 

4.1.1  to implement the rights arising from rulemaking activities in  relevant field;

 

4.1.2  to take the initiative to support the international treaties of the Republic of Azerbaijan;

 

4.1.3  to make request  to state and local governments, individuals and legal entities about  necessary information (documents) in  relevant field  and receive such information (documents) from them;

 

4.1.4  to give an opinion on  relevant field, make  analysis, conduct monitoring, make generalization and conduct research, to prepare methodical and analytical materials, as well as make recommendations and submit proposals;

 

4.1.5  To attract independent experts and specialists, consulting firms, academic institutions to its activities on a contract basis for this purpose within the considered funds, to set up working groups and committees on public basis;

 

4.1.6  to establish a periodical publication in the manner prescribed by the law of the Republic of Azerbaijan “On Mass Media” and to issue special bulletins and other publications;

 

4.1.7  to participate in  international events, including forums, conferences, exhibitions and other events  and organize such events in the country and abroad;

 

4.1.8  to study  relevant  experience of foreign countries, establish  and implement cooperation with  relevant authorities and other bodies of foreign states, international organizations, foreign legal entities and other persons, negotiate and  participate in negotiations, prepare drafts of international treaties or participate in preparation of draft contracts;

 

4.1.9  to use necessary telecommunications networks, facilities in emergency situations and in cases of emergency, use of facilities,  stop using them, restrict or apply special rules for the use of communications;

 

4.1.10  to require  the elimination of infringements of the provisions of the  law “On Personal Data” of the Republic of Azerbaijan from the state bodies, legal entities and individuals engaged in collection, processing and protection of personal data, bring to justice those who have violated the law, take actions against them with other relevant government agencies;

 

4.1.11 to present awards and other state orders  to  employees working in the relevant field, take measures to encourage them in accordance with the legislation of the Republic of Azerbaijan;

 

4.1.12  to exercise other rights defined by the acts of the President of the Republic of Azerbaijan; 

V. Organization the Activity of the Ministry

 

5.1

Central Office of the Ministry, its structures and bodies under its subordination (legal persons, organizations, etc.), as well as relevant executive authority of Nakhchivan Autonomous Republic are an integrated system of the Ministry. The Ministry carries out its activities directly and through the bodies under its subordination.

 

5.2

The structure of the Ministry, the total number of employees of the Ministry’s Central Office and agencies that are included in the structure of the ministry is determined by the President of the Republic of Azerbaijan. The total number of subordinate institutions (legal entities, organizations, etc.) that are not included in the structure of the Ministry is approved by the Cabinet of Ministers of the Republic of Azerbaijan.

 

5.3

The Minister of Communications and High Technologies (hereinafter - the Minister) is appointed and dismissed by the President of the Republic of Azerbaijan and bears personal responsibility for the fulfillment of duties and implementation of the functions entrusted to the Ministry.

 

5.4

The Minister of Communication and High Technologies has first deputy minister and two deputies appointed and dismissed by the President of the Republic of Azerbaijan. The Deputy Ministers act in accordance with the allocation of the functions made by the Minister and bear personal responsibilities for fulfillment of the functions entrusted to them.

 

5.5

The Minister of Communication and High Technologies:

 

5.5.1

Organizes and manages the activity of the Ministry;

 

5.5.2

Conducts segregation of duties between deputy ministers, defines their and ministry’s other officials’ authorities on staff, personnel, financial, economic and other issues, and ensures their interaction;

 

5.5.3

Adopts normative legal acts on approval of regulations of the structural branches of the Ministry, bodies that are included in the structure (except structures whose regulations are approved by the President of the Republic of Azerbaijan) and Scientific and Technical Council as a decision and issues that are not related to the authorities of the Ministry’s Board as shown in the paragraph 5.11 of this Regulation;

 

5.5.4

Submits for approval the regulations of legal entities under its subordination, not included in the structure of the ministry;

 

5.5.5

Within the limit of defined structure, wages fund and number of employees, approves estimate of costs, structure, staff list and allocated budgetary funds of its bodies and the bodies that are not included in the structure of the ministry’s office;

 

5.5.6

Appoints and dismisses the employees of the central office of the Ministry, heads, their deputies and other senior officials of its structures and bodies under its subordination (with the exception of bodies whose heads are appointed and dismissed by the President of the Republic of Azerbaijan), takes encouragement and disciplinary punishment measures for them in a manner defined by legislation;

 

5.5.7

Approves non-normative legal acts as orders and organizes their implementation and normative legal acts approved by the Ministry, examines and takes control over them;

 

5.5.8

Annuls the decisions adopted by officials of the Ministry that contradict legislation;

 

5.5.9

Represents the ministry in relation to government agencies, enterprises, institutions and organizations, individuals and legal and natural persons of Azerbaijan Republic and foreign countries, as well as international organizations, conducts negotiations, signs relevant international documents within the powers granted to him;

 

5.5.10

Makes proposals on issues related to the Ministry for the formation of state budget and extra-budgetary funds for respective year;

 

5.5.11

Ensures the expenditure of funds allocated from the state budget;

 

5.5.12

Awards senior advisor to the civil service and lower special ranks to civil servants of the Ministry;

 

5.6

Bodies of the Ministry and subordinate bodies bear directly responsibility for the duties and functions entrusted to them.

 

5.7

The Minister can assign temporary performance of part of his duties to the first deputy minister or one of his deputies ;

 

5.8

Collegium (Board) is established in the ministry comprising Minister (Chairman of the Collegium), First Deputy Minister, Deputy Ministers, head of the relevant executive authority of the Communications and Information Technologies of Nakhchivan Autonomous Republic, and other senior officials of the Ministry. Experts and scientists might also be included in the composition of the Board of the Ministry.

 

5.9

The number of members and composition of the board of the Ministry is approved by the Cabinet of Ministers of the Republic of Azerbaijan.

 

5.10

In its meetings, the Ministry’s Board discusses issues related to the activity of the Ministry and approves necessary decisions about them.

 

5.11

The Board of the Ministry adopts following normative legal acts:

 

5.11.1

Regulations governing relationships between the Ministry and other bodies (organizations);

 

5.11.2

Certain normative legal acts whose adoption assigned to the Ministry by the President of the Republic of Azerbaijan;

 

5.11.3

Single (joint) normative legal acts regulating the activity of a number of government agencies;

 

5.11.4

Normative legal acts to be agreed with relevant state agencies;

 

5.11.5

Normative legal acts provided in 5.5.3 subparagraph of this Regulation and put forward for consideration at the Board at the initiative of the minister;

 

5.11.6

In accordance with subparagraph 5.11.1 - 5.11.5 of this Regulation, cancellation of normative legal acts adopted by the Board of the Ministry or normative legal acts on making changes there. 

 

5.12

The meetings of the Board of the Ministry are considered as plenipotentiary by attendance of the majority members. Decisions of the Board of the Ministry are approved by simple majority of votes of its members. In cases of a tie vote, the chairman’s vote shall be decisive.

 

5.13

In case of disputes between the Minister and the Members in approving the decisions of the Supreme Board of the Ministry, chairman’s opinion prevails but he/she informs the Cabinet of Minister about this dispute. The Board members may inform their personal views to the Cabinet of Ministers of the Republic of Azerbaijan.

 

5.14

Heads of other executive bodies, offices, enterprises and organizations, as well as representatives of non-governmental organizations might be invited to the meetings of the Board of the Ministry.

 

5.15

With the aim of studying and implementing scientific-technical achievements and advanced experience in the field of communications and high technologies, Scientific-Technical Council, Internet development council and other public councils operating on public basis might be set up at the Ministry.