With adoption of the Constitution in 1995, a new legal system was formed in Azerbaijan. Next, taking into account the correlation and interdependent relations of combating corruption and good governance, as well as their role in the prevention of corruption, Azerbaijan sets out a number of measures in order to combat the phenomena and support good governance in the public sector.

Such measures included the adoption of international documents (UNCAC, conventions of the Council of Europe, etc.) which set out basic standards in the field of combating corruption, amending national legislation and bringing it in compliance with these standards, putting in force specialized government bodies assigned to combat corruption, adoption and implementation of different national action plans and strategies aiming at improving the anti-corruption policy, etc. In this context, major state programs and strategies for preventing corruption and promoting open government were adopted in accordance with the development cycles of the Republic.

Azerbaijan is currently evaluating the progress achieved within the recommendations of the recently adopted “National Action Plan for 2022-2026 on the fight against corruption”

This target-oriented Plan includes a set of measures in combating corruption and defines six priorities and 62 tasks, each divided into initial, intermediate, and final stages of reviews. In more detail, this action plan addresses the development of rules for identifying, analyzing and preventing corruption risks in the activities of government agencies, the adoption of the dedicated law on conflict of interest and whistleblower protection, the promotion of the establishment of (ISO 37001) "anti-corruption management systems", Completion of work on “e-accounting” electronic portal, processing of legislation on the disclosure of information about the beneficial owner in public procurement, the improvement of the national asset recovery and management system, development of cooperation with civil society institutions and international cooperation in the field of combating corruption and other issues.

ANTI CORRUPTION AGENCIES

After gaining independence from the Soviet Union, one of the primary duties of the Azerbaijani state was to establish independent government administrations and adequately fight against corruption. First steps were taken, such as establishing a new independent court system, reforming prosecution service, etc. After 2004 the process of bringing the anti-corruption system in line with international standards was accelerated. In this regard Anti-Corruption Directorate with the Prosecutor General (ACD) and Commission on Combating Corruption was formed; they were equipped with a wide range of competencies to prevent and fight against corruption.

Commission on Combating Corruption

Established in 2004, the Commission on Combating Corruption is the coordinative body promoting anti-corruption policy and deterring corruption. The Commission comprises 15 members based on equal representation from three governmental branches (executive, legislative, and judicial) and regularly informs the President and Parliament about the state's status in the anti-corruption field. In addition, the Commission set up a working group on improving anti-corruption legislation. Such groups generally include representatives from public/private sectors (SOEs), NGOs, civil society, independent experts, etc.

The followings are the main functions of the Commission:

• participation in the formation of the state policy on corruption and coordination of the activity of public institutions in this area;
• analysing the status and efficiency of the fight against corruption;
• supervision and coordination of the implementation of state programs (including national action plans) against corruption;
• cooperate with the public and other institutions in combating corruption, etc.

ACD

The anti-Corruption Directorate with the Prosecutor General of the Republic of Azerbaijan (ACD) was established by the Decree of the President in 2004, following requirements of Article 36 of the United Nations Convention against Corruption and the strong commitment of the country to combating corruption. The Directorate is a specialised prosecutorial body targeting the detection, criminal investigation and prevention of corruption.  The head of the ACD is the Deputy Prosecutor General. ACD makes annual reports on its activities through Prosecutor General to the President and Commission on Combating Corruption.

The Directorate comprises the following 4 Department and 2 Divisions:

• Organizational and Information Support Department
• Department of Preventive Measures and Inquiry
• Investigation Department
• Operational Department
• Operational Support Division
• Expert Analysis Division

Functions Overview 

• mandate to investigate any act of corruption in the public and private sectors;
• mandate to investigate money laundering and cases regarding legal person which drive and benefit from corrupt activity;
• in charge of the compensation of material damage; compile, analyse, and summarise information on corruption-related crimes and prepare proposals and recommendations to improve anti-corruption legislation;
• carries out awareness-raising and educational measures, etc.;

Since 2011 capabilities of the ACD have been expanded, and Directorate was authorised to execute operational search activities. After those amendments, Azerbaijan became the first country in the Commonwealth of Independent States where prosecutors were endowed with such powers.

The ACD also has access to the information databases operated by other state agencies, such as criminal records; personal records; passport/ID; vehicle registry; border police data; student-graduate database, etc.

“161Hot-line” Call Center

Installed in 2011, the “161 Hot-line” Call Center is a crucial channel for receiving complaints from individuals who have come into contact with or have been victims of corruption. The Center is equipped with modern software, available 24/7, and it is toll-free.

Awareness-raising Measures and Education

ACD systematically prepares semi-annual and annual reports containing data (operational-search activities, preventive and investigation measures) on its performance. The reports are available to the public and disseminated through the media. Also, ACD organizes press conferences to summaries the results of anti-corruption activities. Besides, as part of awareness-raising measures, the Press Service of the PGO systematically prepares video presentations about ACD activities and posts them on social media platforms.

Furthermore, ACD regularly holds the Open Doors event for different target groups aiming to inform and educate them about the detrimental effects of corruption and to give a greater understanding of the priority objectives and visions of the Directorate. Adding to it, ACD periodically publishes methodological guides on different topics, e.g. "Conflict of Interest," "Anti-Corruption Standards in the Private Sector," "Criminal Liability of Legal Person," "Protection of Whistleblowers", etc.  – made them publicly available and distributes among the public/private sector.

To crown it all, prosecutors of the ACD are frequently invited to TV sessions and participate in anti-corruption training, conferences and round tables with civil society organisations and mass media.

Case 1:

During the COVID-19 pandemic, ACD took effective measures against high-level officials who violated anti-epidemic, sanitary-hygienic, or quarantine regimes with grave consequences. For example, in 2021, the chief of the state-owned Modular Hospital received 30.588 USD from 140 individuals infected with the virus for being transferred to the Modular Hospital by using the ambulance service of the “Medi Style” LLC, which was also under his control.

Also, for the bribes he received, the chief replaced infected individuals in the "VIP sections" of the hospital together with other officials.  Based on the evidence collected, he and another two officials of the Hospital were charged and arrested under articles 139-1.2 (violation of anti-epidemic, sanitary-hygienic or quarantine regimes, which entailed grave consequences), 308.2 (abuse of power with grave consequences), 311.3.1, 311.3.2 (repeated commission of bribery by a group of persons) of the Criminal Code.

Case 2:

Moreover, ACD initiated a criminal case based on the detection of a number of violations that were determined in the Kurdamir District Executive Body in 2020.

During the investigation, illicit activities of the high officials, such as corruption and abuse of power, were revealed.

It was found that the accused persons received bribes from the healthcare sector, public and private institutions operating in the region on several occasions.

As a result of the investigation, the head of the District Executive Body, his first deputy and other related officials were arrested and charged under articles 308.2 (abuse of power with grave consequences), 311.3 .1, 311.3.2 (passive bribery in aggravated circumstances) of the Criminal Code.

International Cooperation

Engaging in considerable international initiatives, PGO actively coordinates and participates in the country-evaluation processes of OECD, GRECO, MONEYVAL and UNODC (UNCAC implementation).Within the cooperation, prosecutors of the ACD have also evaluated the national legislation of 14 countries in the framework of the mentioned monitoring procedures. 

Adding to it, to disseminate information on good practices and strengthen capacities at the national level and improve cooperation, the PGO cooperates with the Council of Europe, European Partners against Corruption (EPAC) and the European contact-point Network against Corruption(EACN), International Association of Prosecutors (IAP), International Anti-corruption Academy (IACA), International Association of Anti-corruption Authorities (IAACA), and others.

Also,to more efficiently respond to anti-corruption priorities and develop peer-to-peerrelations regarding mutual assistance and strengthen national legal framework,the PGO signed various memorandums and agreements with its peers from Turkey, Russia, Georgia, Kazakhstan, Ukraine, Lithuania, Moldova, Uzbekistan, China, Austria, Thailand, Bulgaria and others.

Itis worth noting that since 2016, ACD has strengthened its ties with the Malaysian Anti-Corruption Commission (MACC). Thus, on the 4th of February 2016, the Memorandum of Understanding on combating corruption was signed at the headquarters of the Malaysian Anti-Corruption Commission between the ACD and the MACC.  This agreement significantly assisted the operations of the ACD.

Aiming to contribute to the world community in the fight against criminality, the Prosecutor's Office of Azerbaijan continues its proactive initiatives in the abovementioned areas.