Virtual Karabakh Justice for khojaly

Procedure for consideration applications

Procedure for consideration applications by individuals to the agencies of the Ministry of Internal Affairs (MIA) (excerpts from the Directives adopted pursuant to Order No.144 of the Ministry of Internal Affairs on November 21, 2001)

General Provisions

Private applications including proposals, statements and complains addressed to the government agencies constitute an important tool for human rights advocacy.

Proposal implies an application by an individual aimed at improving performance of the government agencies and authorities, as well as addressing a set of educational, scientific, technical, legal, creative and other issues.

Statement implies an application by an individual aimed at gaining the possibility to exercise his/her rights.

Complaint implies an application by an individual to a government agency or a competent authority aimed at restoring his/her trampled rights.

While considering individual applications agencies of the Ministry of Internal Affairs shall be guided by the Constitution of the Republic of Azerbaijan, the national Law on the Procedure for Consideration of Individual Applications, the Presidential Decree on Approval of Proceedings for Consideration of Individual Proposals, Complaints and Statements to the Government Authorities, Agencies, Offices and Enterprises, as well as other legislative instruments and the present Directives.

Managers of the MIA agencies shall:

  • provide necessary conditions enabling private individuals to apply, pursuant to the Constitution and laws of the Republic of Azerbaijan, with oral and written proposals, statements and complaints about illegitimate actions/inaction of the officials;
  • accept individual proposals, statements and complaints, examine them within the framework of their competence, undertake response measures and notify the applicants in due course.
  • bear personal responsibility for the situation with proceedings and examination of individual proposals, statements and complaints; make regular checks and undertake necessary steps to enhance performance in this field.
  • Should the individuals disagree with the decision taken on their application they are entitled to appeal decision by a government agency or official on their case to the superior agency or official.

In cases foreseen by the legislation the complaint may be brought before the court. Individual applicants shall be held liable for calumnious statements or complaints. 

Procedure of examining applications

While examining individual proposals, applications and complaints managers of respective MIA agencies and other MIA officials shall:

  • thoroughly study the application by merits, whenever necessary request additional documents, check up the facts reported in the application of the spot and undertake necessary steps to settle the issues raised in the motion,  as well as expose and eliminate the factors causing the application and take relevant measures to address the issue properly;
  • notify the applicant in written regarding outcomes of his/her application; should the application be dismissed, reasons of dismissal should be reported to the applicant together with procedure for appealing the decision taken;
  • guarantee soundly motivated decisions with regard to the individual  proposals, statements and complaints together with their timely execution;
  • regularly check up the state of affairs in the field of individual applications’ examination and take proactive steps to prevent repeated applications  by individuals.

Terms of Applications’ Examination

Individual applications shall be examined within a monthly period. In cases not requiring additional scrutiny the application shall be considered within 15 days. Managers of the MIA agencies may shorten the time period for examination of applications.

As a matter of exception, should a special scrutiny, reclaim of additional materials and other steps be required, manager of the agency or his/her deputy may extend the period of examination for one more month. That being the case, the originator should be officially notified in written. Should execution of the application be supervised by a superior body the supervising authority should be notified in due course.

Time period for the application’s examination shall commence on the day the application is received by the agency concerned and expire with written response to the applicant.

Procedure for Individuals’ Reception

Individuals shall be received by the leadership of the Ministry of Internal Affairs of the Republic of Azerbaijan  pursuant to the schedule.

Leadership of the Ministry of Internal Affairs of the Autonomous Republic of Nakhchivan and the Main Police Department of Baku city shall receive individuals personally no less than twice a month.

Chiefs of  specialized  units at the MIA of the Republic of Azerbaijan, the MIA of Autonomous Republic of Nakhchivan, Main Police Department of Baku city shall receive individuals once a week by schedule.

Heads of municipal, district or area police departments shall receive individuals at any working day and one of the weekend days.

Duty services at the agencies mentioned above shall receive individuals anytime 24/7.

Area police inspectors shall receive individuals at the area police stations no less than twice a week.

Individuals shall be received on a first come - first serve basis.

Exception is made for the National Heroes of Azerbaijan and handicapped persons of the 1-st and 2-nd categories.

Members of Milli Mejlis (National Parliament) shall be received by the MIA officials immediately.

In case is the issues raised in the applications do not fall within the scope of competence of the MIA agencies, the officials concerned shall address applicants to relevant authorities.

MIA Secretariat