What is the amendment that caused a public outcry ?

Baku/23.12.13/Turan : Contributed on December 17, amendments to some legislative acts of the country on the activities of NGOs , further worsen conditions for the functioning of civil society institutions . This is the general opinion of many representatives of independent NGOs.

In this regard , about 40 prominent NGOs of Azerbaijan issued a special statement calling for the head of state not to approve those amendments .

Earlier MPs motivated amendments necessary to improve legislation , to increase transparency in their work and protect the interests of national security.

In this framework, the NGO law have been made a number of changes and additions.

In particular, the article was introduced 7.1-1 law , which states that " NGOs of foreign states can create in Azerbaijan only one branch or representative office ."

Furthermore, Article 7.5 was amended to read that " NGOs established by foreigners or stateless persons , as well as foreign legal entities and branches and representative offices of foreign NGOs , the deputy head must be citizens of Azerbaijan ." When appointing a representative or branch of a foreign NGO shall indicate the term of office.

The amendment to Article 10.5 , the executive bodies of NGOs should not violate the rights of members of the organization and not to create obstacles to the realization of the right to association. Disputes between NGO members should be resolved in court. At the same time if any infringement of the rights of members of NGOs , the court may suspend the activities of the NGO for up to 1 year.

Many civil society activists fear that this provision will be used by the authorities to address not pleasing to NGOs.

According to Deputy Head of the NGO Assistance to Economic Initiatives Rovshan Agayev , Azerbaijan is not difficult to persuade the authorities to cooperate someone from the members of NGOs and not pleasing to use it .

The law also amended Article 30-1.1 , under which the relevant executive authority (assuming MOJ) defines the rules that will be checked by NGOs , as well as branches and representative offices of foreign NGOs on compliance with the law .

This process may involve public authorities and representatives of other NGOs. Individuals and legal entities , hindering the study of NGO activities will be held liable .

Further amendments specifies the cases of suspension of the activities of NGOs court decision up to 1 year if NGOs prevents elimination, the situation was the reason for a state of emergency ;

not eliminate irregularities in its operations , after issuing a warning or destination administrative penalties ; rights violations of NGO members.

If within one year after two written warnings about the lack of elimination , no measures were taken , then the registration of NGOs may be liquidated by a court on the proposal of the relevant executive authority .

Along with these amendments to the Law "On State Registration and State Register of Legal Entities ." According to these amendments , the NGO shall inform the relevant executive authority of the changes of register in their particulars, including founding documents , the founders , executive agencies and members of the organization , every 90 days.

Independent experts see this as a desire to strengthen state control over the activities of NGOs and pressure on its members. On the other hand , it increases the bureaucratic red tape .

In addition, amended the Code of Administrative Offences (CAO ) , which establish specific penalties for the violations of the law.

Thus, according to the new wording of Article 223-1.4 , with banking and other operations unregistered grant individuals or officials punished with a fine in the amount of from 2,500 to 5,000 manat and legal entities - from 5,000 to 8,000 manat.

Administrative Code as supplemented by Article 340-2 . On it for not providing information about the state of registry changes , not the direction of funds received from the business for the authorized purposes NGOs not contracting with volunteers , activities against the statutory objectives , officials punished with fines of 1,000 to 2,000 manats , NGOs , branches and representative offices of foreign NGOs - from 2,500 to 3,000 manats .

In the Administrative Code and Article 340-3 introduced providing for the responsibility for creating obstacles , including not give answers to questions , not provide the requested information and documents on the activities of NGOs.

For these violations officials punishable by a fine of 1,000 to 2,000 manats , NGOs - from 1,500 to 3,000 manats .

Another new article 340-4 . establishes penalties for not timely removal NGOs deficiencies identified executive authority.

Officials for it may be subject to a fine of 1,000 to 2,000 manats , NGOs from 1,500 to 3,000 manats .

Another article 340-5 establishes liability for the activities of foreign NGOs without state registration , as well as to create the conditions for such activities by citizens of Azerbaijan.

During that individuals shall be punished by a fine of 1,000 to 2,000 manats , officials 2000-3000 manats , legal persons from 5,000 to 8,000 manats.

Experts note the large fines for NGOs. Funding of NGOs and so very limited and such penalties actually deprive the institutions of civil society funds its activities.

Observers also believe unsubstantiated claims about excessive transparency of NGOs , given the fact that high-ranking officials of breaking the law , do not declare their income . In addition, the country's parliament a year ago considered a commercial secret information about the owners of commercial legal entities , creating fertile ground for classifying officials - oligarchs in their business. -06D-