I. General Provisions
1. Rules of ethical behavior of civil servants working in the Ministry of Digital Development and Transport of the Republic of Azerbaijan (hereinafter referred to as “Rules”) were prepared in accordance with Article 21.2.8 of the Law of Azerbaijan Republic “On Rules of ethical behavior of civil servants” and paragraph 2 of the Decree of the President of the Republic of Azerbaijan of 16 August, 2007 N 614 “On application of the Law of the Republic of Azerbaijan “On rules of ethical behavior of civil servants”.
2. The Rules specifically define the rules of ethical behavior for civil servants working in the Ministry and their observance.
3. Every civil servant of the Ministry (hereinafter referred to as the “civil servant”) is obliged to follow the Law of the Republic of Azerbaijan “On Rules of ethical behavior of civil servants”, as well as these Rules concerning his/her activity with the Ministry based upon the rule of law, human rights, democratic principles and rules of high ethical behavior in his/her conduct.
4. The main reason of these Rules is to raise high confidence of the civil servants and the Ministry by the public, increase efficiency in activity of civil servant, and follow the rules of ethical behavior by civil servant.
II. Principles of ethical behavior of civil servants
5. Principles of ethical behavior of civil servants:
- 5.1. Principle of honor to the rights, freedoms, legal interests, dignity, and business reputation of the people – The civil servant should not forget that the main reason of his/her activity is to meet (protect and defend) legal, freedom, and lawful interests of the people.
- The civil servant should not take any decisions or allow any actions (or inactions) that may affect rights and freedoms, legal interests of the people, their dignity, as well as business reputation. Except for cases set forth in the legislation, and regarding implementation of the official duties, a civil servant should provide confidentiality of information known to him/her about private life of the physical persons, as well as civil servants. The civil servant should respect business reputation of legal persons and not allow any actions or inactions that may affect their business reputation.
- 5.2. Principle of legality – The civil servant should seriously follow requirements of the Constitution of the Republic of Azerbaijan, international agreements supported by the Republic of Azerbaijan, laws and other normative legal acts.
- 5.3. Principle of conscience conduct – The civil servant is obliged to fulfill efficiently his/her official duties for the sake of interests of a person, society and state. The civil servant should demonstrate conscience position for every person.
- 5.4. Principle of loyalty – the civil servant should abstain from critical public opinions, reports and public assessment regarding activity of the Ministry and other state entities, heads of these entities, if they do not concern his/her official duties. These rules do not also concern reports or scientific work of the civil servant regarding his/her scientific-pedagogical activity.
- The civil servant should defend his/her dignity under any circumstances, be true to his/her oath, should not allow any actions which do not conform to the implementation of his/her duties or may damage to his/her name, as well as reputation of the Ministry and the civil servant, also should not provide opportunities to the violation of any ethical norms. The civil servant should follow the national ethical norms that were generally accepted.
- 5.5. Principle of cultural behavior – The civil servant should be polite, benevolent, attentive and patient in his/her behavior with all persons he contacts to, as well as senior official, colleagues or persons subordinated to him/her.
- The civil servant should accept and estimate deficiencies and critical remarks regarding professional activity and come to a good conclusion.
- 5.6. Principle of disinterestedness – The civil servant should be disinterested while implementing his/her official duties, as well as taking a decision and should not give priority or allow to achieve such priority to any person or group of persons for their race, nationality language, sex, social origin, status of property, religious opinion, belief, belonging to the political or other union.
- The civil servant is obliged to follow neutralism during the fulfillment of the official duties.
- 5.7. Principle of public confidence – The civil servant is obliged to strengthen reputation of the Republic of Azerbaijan, Ministry and civil service, and hold high the name and dignity of the civil servant. The civil servant should stay aback from places and persons he contacts to which may damage his/her reputation.
- The civil servant should eliminate cases regarding violation of rules of ethical behavior on his/her side and take measures for restoration of public confidence.
- The civil servant should assist mass media which provides public information to the public in order to receive correct information in a legally determined way about activity of the Ministry and officials of the Ministry.
- 5.8. Principle of implementation of orders and commissions – The civil servant is obliged to implement written order or orally given commission adopted directly by senior official within his powers and according to the law. The civil servant should submit grounded written information given about this directly by the senior official, if the civil servant is sure that the order or any commission given to him/her directly by senior official contradicts to the law or other normative acts. He/she should require written confirmation of this order or commission directly by the senior official. The civil servant may refuse implementation of this order or commission if he/she continues to believe that they contradict the law or other normative - legal act though he/she receives written order or commission confirmed directly by the senior official.
- Non-implementation of the legal instructions is considered disciplinary responsibility.
- 5.9. The principle which does not permit to get material and non-material boons, privileges or concessions – The civil servant is prohibited to implement the work directed to get material and non-material boons, privileges or concessions. The civil servant should take measures which exclude his/her actions or inactions to get material and non-material boons, privileges or concessions. The civil servant, who provides service (services) free of charge to the persons as set forth in the legislation, may not require any fee or charge for this service. Also the civil servant, who provides service to the citizens in exchange for the payment determined in the legislation, may not require more than the amount which is considered for this service.
- 5.10. Principle of using the property – The civil servant should use the state property, financial resources, communications, computer and other communication equipment, transportation vehicles and other logistics which he/she uses economically and efficiently. The civil servant is prohibited to use the state property, financial resources, communications, computer and other communication equipment, transportation vehicles and other logistics for his/her own interests, as well as other purposes that are not concerned with the implementation of the official duties by the civil servant.
- 5.11. Principle of using the information – The civil servant should provide possibilities to obtain and spread information, being at the disposal of the state entity he works, in accordance with the procedures established in the legislation. The civil servant should follow the rules for submission of determined official information in the state entity. The civil servant may not use information obtained during official activity for his/her own purposes.
- 5.12. Principle of increasing the professionalism and individual responsibility – The civil servant should deeply understand his/her service liability, improve professional skills, take measures for improvement of theoretical knowledge and professional level of the senior officials, as well as subordinated officials. The civil servant should learn existing legislation acts in connection with implementation of official duties. Also the civil servant should increase and strengthen confidence of legal and physical persons working as civil servants.
III. Service conduct of the civil servant
6. The civil servant:
- 6.1. Should not allow any bureaucratic cases and creation of such cases;
- 6.2. Should not refuse the reception of the citizens groundlessly, should implement reception of citizens in accordance with the way determined by the senior official, give advice to the citizens to apply to the concerned party if they don’t apply correspondingly and also give replies to the requests due to their subjects;
- 6.3. Should follow speech standards during the contact with persons and try to listen to them patiently;
- 6.4. Should treat opinions of the civil servants and citizens with respect;
- 6.5. Should speak national language while implementing his/her business activity, except for necessary cases;
- 6.6. Should speak national language while implementing his/her business activity, except for necessary cases;
- 6.7. Should not make obstacles to the implementation of business activities of the other civil servant;
- 6.8. Should implement his/her business activities attentively, exactly and professionally and be principle, disinterested, impartial and responsible;
- 6.9. Should not allow the actions that break working conditions (speak loudly, abusive use of service telephone);
- 6.10. Should follow performance and labor discipline, as well as working schedule, come to the office in time, should not spare working time to the outside matters, and allow deviation from the work for the inadequate reasons and leave working place without permission of direct senior official;
- 6.11. Should not come to the office by taking spirituous liquors and using narcotics, toxics and other poisonous substances; also not drink hard by taking these substances after coming to the office;
- 6.12. Should wear as determined by the management and keep his/her outward appearance clean, except for cases regarding service necessity;
- 6.13. Should not smoke cigarettes where it is prohibited, also in the public places where official duties are implemented;
- 6.14. Should not allow the cases that damage the reputation of the Ministry and name of the civil servant;
- 6.15. Should not allow discrimination and act of violence during the implementation of official duties;
- 6.16. Should not create tensions in the staff and take measures for the solution of misunderstandings in the first stage;
- 6.17. Should not use any insulting and threatening phrases being in contact to civil servants and citizens;
- 6.18. Should not allow any actions or behavior that may lead to the damage of dignity and honor of the persons who make appeal to him/her;
- 6.19. Should attentively investigate the inquiries given to the implementation by the civil servant;
- 6.20. Should not disseminate information in the management and staff which is not true, damage or may damage reputation of the civil servant;
- 6.21. Should not disseminate information in the management and staff which is not true, damage or may damage reputation of the civil servant;
- 6.22. Should not involve other civil servant to the action (inaction) contradictory to the law by virtue of using the position;
- 6.23. Should follow rules of reporting and subordination in relations with civil servants having senior position;
- 6.24. Should constantly inform management about execution of tasks given;
- 6.25. Should straightly inform management about the participation (beforehand) in the events regarding official duties and the result of those events;
- 6.26. Should not take fee in exchange for supports or advise given regarding the issues of official duties;
- 6.27. In the case of offering an illegal material or nonmaterial benefits, advantages or concessions, they should refuse;
- 6.28. Should inform management for change object of investigation during the application of legislation and implementation of rules of ethical behavior of civil servants and examination of cases of persons having immediate relationship or enjoying personal close relationship;
- 6.29. In case of the facts that civil servant has the close, personal attitude, dependence, personal hostility relationship with anyone of applicants or existence of events positively influenced on objective estimation and caused breach of other principles of dispute, civil servant who is the member of dispute group (commission) should inform management about removing from that dispute group;
- 6.30. Should not be influenced by factors which are not related to the issue, while adopting the decision during the execution of official duties;
- 6.31. Should absolutely prevent the attempts which influence on the issues regarding execution (non-execution) of official duties, should not take any gift, present, payment from anyone (if there is an probability of existence of such attempts), should immediately inform direct senior official regarding this matter;
- 6.32. Should not interfere with the official issues which are not directly connected with the execution of his/her official duties, should not try to influence to the solution of issues on official duties of other colleagues, should not interest with the issues and documents which are under execution, without business requirement;
- 6.33. Should not search the contradicted ways determined in order to obtain the advantages, should absolutely refuse interference of irrelevant mediators to this issue;
- 6.34. Should solve the conflict of interests arisen between private interests and official duties for the sake of public interests;
- 6.35. Should take measures against behavior which is contradicted to the business rules and rules of ethical behavior;
- 6.36. Should be exigent to himself/herself and his/her colleagues, should take measures for avoiding breach of rules of ethical behavior by any civil servant who served in the Ministry, should inform about it (if there is any necessity);
- 6.37. In case of misunderstanding in the relationship with any person regarding bad manners, civil servant should inform indirect senior civil servant;
- 6.38. Should execute order or verbal tasks of direct and senior civil servant given within the framework of law and defined by law;
- 6.39. If the task given consider unethical and contradict to the law, senior civil servant who gave the task, should contact with officials and clarify that task;
- 6.40. Should keep confidentiality of information connected with the business activity even after working hours;
- 6.41. Should not directly give an interview to the media and in the case of suggestion regarding interview civil servant should direct the inquiry to the responsible person;
- 6.42. Can officially release information about any work referring to the activity of state body only after permission of senior officer;
- 6.43. Civil servant should not use his/her status for the purpose of getting any privilege in the transport, service and other fields (if there is no any necessity);
- 6.44. Civil servant should take care not to exceed the amount beyond his/her payment opportunities;
- 6.45. Should provide maintaining the resources of state body and should not abuse them or use them in vain;
- 6.46. Should carefully and beneficially use state property, financial resources, communication, computer and other communication systems, vehicles and other financial-technical provision equipment;
IV. Additional requirements to service behavior of civil servants having senior position
7. Civil servant having senior position:
- 7.1. Should exactly determine the sphere of official duties and authorities of subordinate personnel;
- 7.2. Should not give tasks, which are not possible to execute, to subordinate personnel;
- 7.3. Should constantly interest with the execution of tasks given to the subordinate personnel, should give them methodical support and take appropriate measures to avoid arisen problems;
- 7.4. Should examine the suggestions about the activity of ministry and structural department given to the subordinate personnel in order to increase reputation of Ministry in accordance with the legislation, respect the suggestions given by civil servants;
- 7.5. Should create condition to directly contact with the indirect subordinate personnel, not allow bureaucratic difficulty in this field;
- 7.6. Should take appropriate measures to hold harmless subordinate personnel from the external influence regarding official activity;
- 7.7. Should inform subordinate personnel about permissible ethical dilemma to be arisen during implementation of official activity, in this case they should be instructed about the actions supported;
- 7.8. Should create normal working condition enabling to the civil servants, which are subordinate, to execute with quality the official activity and to develop themselves;
- 7.9. Should take necessary actions of subordinate personnel to provide following to the business rules and rules of ethical behavior;
- 7.10. Should not exert pressure on subordinate person, or through other persons, due to issues arising from personal interests;
- 7.11. Should not show discrimination in relationship with the subordinate personnel in accordance with the subjective factors, concessive attitude and not grant privileges;
- 7.12. Should respect honor and dignity, as well as personality;
- 7.13. Should not allow rude manner, unreasonable critique and accusation;
- 7.14. Should demonstrate his/her behavior for subordinate personnel;
- 7.15. Should not permit to abuse official equipment.
V. Providing execution of rules of ethical behavior
8. The compliance of behavior of civil servant to the ethical behavior is constantly studied by himself, direct or indirect senior official.
9. Control to the ethical behavior rules is fulfilled by the Ethical Authorized Representative assigned by the Minister.
10. The followings regarding execution of ethical behavior rules are implemented:
- 10.1. Should control the compliance of official behavior of civil servants to the ethical behavior rules defined with these Rules and analyze it;
- 10.2. Should give tasks among civil servants according to their position;
- 10.3. Senior official of civil servants should not involve subordinate personnel to act contradicting to the right and ethical norms adopted by everyone and to adopt the order;
- 10.4. Should take measures on avoiding offence of ethical behavior rules and on its prevention;
- 10.5. Should explain ethical behavior rules to the civil servants and in the case of request should instruct them about studying the rules of ethical behavior;
- 10.6. Should take measures to inform citizens and companies about having the rights to require execution of those rules by the civil servants;
- 10.7. Stakeholders should be informed about the actions taken regarding infringement of rules of ethical behavior.
11. Infringement of rules of ethical behavior can be taken as a ground for instituting proceedings against civil servant for the disciplined misconduct. Instituting proceedings against civil servant for the disciplined misconduct is fulfilled in accordance with rule and time as stated in legislation.
12. Disciplined proceedings can be started against civil servant in the following cases:
- 12.1. Complaint or other information given by legal or physical persons about the breach of the Law of the Republic of Azerbaijan “On Rules of Ethical Behavior” and provisions of these Rules by the civil servant;
- 12.2. Publish information about the breach of the Law of the Republic of Azerbaijan “On Rules of Ethical Behavior” and provisions of these Rules and enabling conflict of intense by civil servant in mass media.