CABINET OF MINISTERS OF AZERBAIJAN REPUBLIC

Resolution № 8

on Approval of the Regulations on “Assistance Fund to the Victims of Human Trafficking”

Baku city, January 12, 2006

Related to execution of provision 1.6 of Decree № 272 of the President of Azerbaijan Republic dated on August 04, 2005 on “Application of Law of Azerbaijan Republic on “Combating Human Trafficking” the Cabinet of Ministers of Azerbaijan Republic decides:

 

  1. To Approve Regulations on Assistance Fund to the Victims of Human Trafficking (attached)
  2. The decision comes into force on the date of being signed.

 

A.Rasi-zade

Prime Minister of Azerbaijan Republic     

Approved under decision № 8 of the Cabinet of Ministers of Azerbaijan Republic dated on January 12, 2006

 

REGULATIONS

ON ASSISTANCE FUND TO THE VICTIMS OF HUMAN TRAFFICKING

 

  1. GENERAL PROVISIONS

 

  • The Regulations was developed in accordance with article 22.3 of the Law of Azerbaijan Republic on “Combating Human Trafficking” and for the purpose of execution of provision 1.6 of Decree № 272 of the President of Azerbaijan Republic dated on August 04, 272 and establishes legal basis of activity of the specially formed Assistance Fund to the victims of human trafficking.
  • The Assistance Fund to the victims of human trafficking is established and operates under the Ministry of Internal Affairs of Azerbaijan Republic (hereinafter to be referred to as Fund).
  • The Fund implements financing payment of necessary expenses of the victims of human trafficking.
  • The Fund guides by the Constitution of Azerbaijan Republic, laws of Azerbaijan Republic, other relevant legislative acts and these Regulations as well.
  • The Fund is non-profit organization.
  • The Fund is a legal entity having independent balance, bank accounts, seal with description of state emblem and name of the Fund in Azerbaijan and English languages, stamp, blanks and other attributes.
  • Maintenance of administration the Fund is provided at the expense of the state budget.
  • The Fund is situated in Baku

 

  1. MAIN DUTY OF THE FUND

 

  • Main duty of the Fund is payment of expenses of the victims of human trafficking, rendering assistance to them and financing other matters related to social rehabilitation of the victims of human trafficking within its competence in Azerbaijan Republic.
  • The Fund may participate within its competence in implementation of the duties arising from normative legal acts regarding social protection of the victims of human trafficking and measures of improvement of the social protection system regarding the victims of human trafficking.
  • The Fund realizes propagation in mass media for volunteer involvement of financial means and distribution of allocated means for intended purpose.
  • The Fund mutually cooperates with the governmental bodies and non-governmental organizations while implementing its duties and provides information related to the purpose of its activity.

 

III. RIGHTS OF THE FUND

 

3.1. The Fund holds the following rights in accordance with purpose and functions as legal entity and in a way established by the legislation:

 

3.1.1. to act as plaintiff and defendant in courts;

3.1.2. to establish relations with legal and physical entities in accordance with the legislation;

3.1.3. to open accounts in the state bank of Azerbaijan Republic;

3.1.4. to participate in workshops and other events in the country and abroad in accordance with its functions.

 

  1. SOURCE OF MEANS OF THE FUND

 

4.1. Means of the Fund consists of all the property (real estate, cash means, securities and other property) obtained from human trafficking that was confiscated under order of a court in a way established by the legislation and transferred to the Fund.

4.2. In case that any legal entity (branch, representation) is abolished by the reason of its relations with human trafficking the means belonged it will be transferred to the Fund under order of the Fund.

4.3. Departments, enterprises and organizations, natural entities and international organizations may allocate contributions and grants to the Fund.

 

  1. MANAGEMENT OF MEANS OF THE FUND

 

5.1. Means of the Fund will be used for the following purposes:

 

5.1.1. payment of compensations to the victims of human trafficking;

5.1.2. social rehabilitation of the victims of human trafficking;

5.1.3. payment to the victims of human trafficking related to medical and other expenses;

5.1.4. disbursement of material and spiritual damage incurred in the victims of human trafficking in accordance with the order of the court.

 

5.2. Transparency is provided in management and spending means of the Fund. Information regarding measures taken in this field and their results will be submitted to mass media for being published.

5.3. Means allocated from the Fund for payment of expenditure regarding any victim of human trafficking will be registered.

5.4. An official will be appointed and special registration book will be opened under order chief of the Fund for the purpose of providing correct, comprehensive and objective registration. Registration will be carried out in accordance with the clerical rules stipulated by the legislation of Azerbaijan Republic.

5.5. The following information must be entered in the registration book regarding any victim of human trafficking for whom means are allocated by the Fund:

 

5.5.1. name, surname and patronymic ;

5.5.2. year and place of birth;

5.5.3. place of residence;

5.5.4. amount of the spend means.

 

5.6. Special form will be developed regarding payment of means to the victims of human trafficking from the Fund. The form will indicate followings:

 

5.6.1. Name and address of the Fund;

5.6.2. Name, surname and patronymic of a victim of human trafficking for whom means is allocated;

5.6.3. amount of the means to be paid;

5.6.4. name and address of a bank (branch or department) which will pay the amount;

5.6.5. date of issue of the form;

 

5.7. The form is signed by the chief and accountant of the Fund and approved with its seal.

5.8. Relevant documents submitted by the victims of human trafficking as well as the special blank developed regarding payment of means to the victims of human trafficking from the Fund will be kept in a folder. Keeping of the mentioned documents must be realized in accordance with the clerical rules stipulated by the legislation of Azerbaijan Republic.

5.9. All expenses of the Fund are made within framework of the program of expenses approved by the chief of the Fund.

5.10. Allocation and transfer of cash means from the accounts of the Fund are carried out by the chief of the Fund.

5.11. As a non-profitable organization the Fund may only use its means for realization of an activity corresponding to its purpose. Commercial activity that is not related to its purpose is prohibited.

 

  1. STRUCTURE AND MANAGEMENT OF THE FUND

 

6.1. Structure of the Fund and number of personnel is approved by the Cabinet of Ministers of Azerbaijan Republic.

6.2. The chief of the Fund is appointed and dismissed by the Minister of Internal Affairs of Azerbaijan Republic.

6.3. The chief of the Fund implements the followings:

 

6.3.1. organizes the activity of the Fund;

6.3.2. represents the Fund in relation to legal and natural entities;

6.3.3. provides implementation of an order given regarding the property as well as means of the Fund;

6.3.4. makes decisions and gives orders on the issues regarding the current activity of the Fund;

6.3.5. concludes labour contracts and terminates them in accordance with the labour legislation;

6.3.6. makes claims of behalf of the Fund;

6.3.7. develops and approves project of expenses budget related to use of the means of the Fund;

6.3.8. prepares necessary analytical documents regarding the activity of the Fund and references on proper and efficient use of the means for its intended purpose as well and submits them to the Ministry of Finance of Azerbaijan Republic;

6.3.9. implements other authorities in accordance with the legislation of Azerbaijan Republic and these Regulations.

 

6.4. The chief of the Fund is responsible for keeping records in an established way and their correctness.

 

VII. RESPONSIBILITY OF THE FUND

7.1. The State and Fund do not bear responsibility for obligations of each other.

7.2. The State provides protection of legal interests of the Fund and creates an opportunity for implementation of its activity.

 

VIII. REORGANIZATION AND ABOLISHMENT OF THE FUND

8.1. Reorganization and abolishment of the Fund is implemented under relevant decision of the Cabinet of Ministers of Azerbaijan Republic and in a way established by the existing legislation.

8.2. In case that the Fund is abolished its remaining property will be transferred to disposal of the State.  

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