1. General provisions
1. The Ministry of Digital Development and Transport of the Nakhchivan Autonomous Republic (hereinafter referred to as the Ministry) is the central executive authority participating in the implementation of state policy and regulating it in the field of road transport (except for cases determined by the President of the Republic of Azerbaijan and the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic), communications (telecommunications and mail), e-government, high technologies (information communication technologies, digitalization, data management, microelectronics, nano, bio and other innovative science-intensive technologies) (hereinafter referred to as the relevant field).
1.2. In its activities, the Ministry is guided by the constitutions of the Republic of Azerbaijan and the Nakhchivan Autonomous Republic, international treaties to which the Republic of Azerbaijan is a party, the laws of the Republic of Azerbaijan and the Nakhchivan Autonomous Republic, decrees and orders of the President of the Republic of Azerbaijan and the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic, decisions and orders of the Cabinet of Ministers of the Republic of Azerbaijan and the Cabinet of Ministers of the Nakhchivan Autonomous Republic, and this Statute.
1.3. While fulfilling its duties and exercising its rights, the Ministry operates in interaction with central and local executive bodies, local self-government bodies, non-governmental organizations, other legal entities and individuals.
1.4. The Ministry has an independent balance sheet, state property in its use, treasury and bank accounts, a seal with the image of the State Emblem of the Republic of Azerbaijan and its name engraved in Azerbaijani and English, a seal without an emblem of the clerical service, relevant stamps and forms.
1.5. The maintenance costs and activities of the Ministry, as well as its material and technical support, are financed from the budget of the Nakhchivan Autonomous Republic and other sources stipulated by law.
1.6. The Ministry is located in the city of Nakhchivan.
1. General provisions
1. The Ministry of Digital Development and Transport of the Nakhchivan Autonomous Republic (hereinafter referred to as the Ministry) is the central executive authority participating in the implementation of state policy and regulating it in the field of road transport (except for cases determined by the President of the Republic of Azerbaijan and the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic), communications (telecommunications and mail), e-government, high technologies (information communication technologies, digitalization, data management, microelectronics, nano, bio and other innovative science-intensive technologies) (hereinafter referred to as the relevant field).
1.2. In its activities, the Ministry is guided by the constitutions of the Republic of Azerbaijan and the Nakhchivan Autonomous Republic, international treaties to which the Republic of Azerbaijan is a party, the laws of the Republic of Azerbaijan and the Nakhchivan Autonomous Republic, decrees and orders of the President of the Republic of Azerbaijan and the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic, decisions and orders of the Cabinet of Ministers of the Republic of Azerbaijan and the Cabinet of Ministers of the Nakhchivan Autonomous Republic, and this Statute.
1.3. While fulfilling its duties and exercising its rights, the Ministry operates in interaction with central and local executive bodies, local self-government bodies, non-governmental organizations, other legal entities and individuals.
1.4. The Ministry has an independent balance sheet, state property in its use, treasury and bank accounts, a seal with the image of the State Emblem of the Republic of Azerbaijan and its name engraved in Azerbaijani and English, a seal without an emblem of the clerical service, relevant stamps and forms.
1.5. The maintenance costs and activities of the Ministry, as well as its material and technical support, are financed from the budget of the Nakhchivan Autonomous Republic and other sources stipulated by law.
1.6. The Ministry is located in the city of Nakhchivan.
2. Directions of the Ministry
2.0. The Ministry operates in the following directions:
2.0.1. participates in the formation of a unified state policy in the relevant field and ensures the implementation of this policy;
2.0.2. carries out state regulation, state control and coordination in the relevant field;
2.0.3. implements tariff policy on issues related to the relevant field, except for cases determined by the President of the Republic of Azerbaijan and the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic;
2.0.4. takes measures to attract investments in the relevant field;
2.0.5. ensures the preparation, implementation and management of local investment projects in the relevant field together with relevant state agencies;
2.0.6. issues licenses and permits for the implementation of entrepreneurial activity in the relevant field in cases and in the manner prescribed by law, and monitors compliance with the terms of licenses and permits;
2.0.7. Makes proposals for the development and competitiveness of road transport corridors passing through the territory of the Nakhchivan Autonomous Republic;
2.0.8. ensures the development of telecommunications, including wireless technologies, broadband Internet, mail, and the efficient use of radio frequencies;
2.0.9. participates in the creation and expansion of transit information highways and nodes, regional information services;
2.0.10. implements scientific, technical and innovation policy on high technologies together with relevant state agencies;
2.0.11. implements measures to strengthen the potential of the high technology sector, promote the production of competitive high-tech, science-intensive, low-cost products and services, and the development of innovative entrepreneurship together with relevant state agencies;
2.0.12. participates in the preparation and implementation of policies in the field of ensuring information security, preventing global cyberattacks, and protecting electronic information resources;
2.0.13. implements measures jointly with relevant state bodies to ensure the establishment, operation and security of special-purpose telecommunication networks of state authorities;
2.0.14. takes measures related to the development of "electronic government" in the autonomous republic;
2.0.15. organizes the activities and use of data management in the autonomous republic;
2.0.16. ensures the development of electronic signature infrastructure and its widespread use;
2.0.17. prepares and implements measures for the development of the information society;
2.0.18. monitors the efficient use of state property in the relevant field and ensures the protection of state interests;
2.0.19. carries out normative activities in the relevant field;
2.0.20. takes measures for the development of the relevant field.
3. Duties of the Ministry
3.0. The Ministry shall perform the following duties in accordance with the directions of activity established by this Regulation:
3.0.1. together with relevant state bodies, determine priorities for the development of the relevant field, participate in the preparation of state programs and development concepts and ensure their implementation;
3.0.2. submit proposals for the improvement of state regulatory mechanisms in the relevant field, as appropriate;
3.0.3. taking into account advanced international experience, ensure the application of scientific and technical achievements in the relevant field, coordinate innovative activities in the research, preparation, development and improvement of high technologies, promote the development of the relevant field and carry out educational work, and take necessary measures in this field together with relevant state bodies;
3.0.4. coordinate the activities of state bodies, individual entrepreneurs and legal entities related to the relevant field in the directions of activity;
3.0.5. to represent the interests of the state in the cases and in the manner determined by the President of the Republic of Azerbaijan and the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic in the enterprises operating in the relevant field and having a state share in the authorized capital;
3.0.6. to develop public-private partnership in the relevant field;
3.0.7. to participate in the formation of tariff policy on issues related to the relevant field, except for the cases determined by the President of the Republic of Azerbaijan and the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic, to make proposals on tariffs regulated by the state in this field, to implement the agreed tariff policy in the relevant field, to make proposals for the approval of transportation, postal tariffs and collections, as well as tariffs for other services in accordance with the relevant rules, as well as to monitor the tariffs applied to services whose tariffs are not regulated by the state in the relevant field, and to make recommendations to the relevant bodies on this matter;
3.0.8. to take measures to protect state secrets and confidentiality in the relevant field, as well as security measures in accordance with the directions of activity;
3.0.9. To perform the function of a state customer in the relevant field in cases and in accordance with the procedure determined by the President of the Republic of Azerbaijan and the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic;
3.0.10. To perform the functions of a customer for constructions financed at the expense of state funds in the relevant field in accordance with the Urban Planning and Construction Code of the Republic of Azerbaijan;
3.0.11. To make proposals on the construction of facilities of state importance in the relevant field;
3.0.12. To participate in the work of commissions on the privatization of subordinate state enterprises;
3.0.13. To take measures for the coordination of the interaction of transport modes and the development of mixed transportation at transport junctions, except for cases determined by the President of the Republic of Azerbaijan and the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic;
3.0.14. To issue the permits provided for in Articles 31, 35, 36, 39, 41 of the “List of Permits for Entrepreneurial Activities” of the Law of the Republic of Azerbaijan “On Licenses and Permits” directly or through an organization included in its structure, except for cases determined by the President of the Republic of Azerbaijan and the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic, and to monitor compliance with the permit conditions;
3.0.15. to submit proposals to the Cabinet of Ministers of the Nakhchivan Autonomous Republic regarding the procedure, program and duration of special training for taxi drivers;
3.0.16. to approve methodological instructions for technical repair stations (areas) providing technical service for motor vehicles;
3.0.17. to organize and manage the activities of high-tech parks;
3.0.18. to take measures in conjunction with relevant state bodies in the field of ensuring information security and data protection;
3.0.19. to issue licenses for the creation of biometric technologies and the provision of services to these technologies, to monitor compliance with license requirements and conditions;
3.0.20. to conclude a license agreement in cases and in the manner prescribed by law;
3.0.21. to monitor compliance with the license terms by the licensee, as provided for in paragraphs 1.3 and 2.1 of the “List of licensing bodies in the territory of the Nakhchivan Autonomous Republic” approved by the Decree of the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic No. 156-VI FR dated April 4, 2023, when carrying out the activities specified in the license, to suspend and revoke the license in case of detection of cases of non-compliance of the licensee with the license terms
4. Rights of the Ministry
4.0. The Ministry has the following rights to fulfill its duties:
4.0.1. to exercise the rights arising from the normative activity in the relevant field;
4.0.2. to request necessary information (documents) from state and local self-government bodies, individuals and legal entities in the relevant field and to receive such information (documents) from them;
4.0.3. to give opinions in the relevant field, conduct analyses, generalizations, monitoring and research, prepare methodological and analytical materials, as well as recommendations, make proposals, prioritize ways to solve shortcomings;
4.0.4. to involve independent experts and specialists, consulting organizations, scientific organizations in its activities on a contractual basis, within the funds provided for this purpose, to create working groups and commissions on a public basis;
4.0.5. to participate in international events, including forums, conferences, exhibitions and other events, and to organize the holding of such events in the autonomous republic;
4.0.6. to study the relevant experience of foreign countries, to participate in negotiations with relevant bodies and other institutions of foreign countries, international organizations, foreign legal entities and individuals;
4.0.7. to submit proposals on the establishment, expansion, closure and other improvements of bus stations (bus stations) in order to ensure the efficiency of international and local transportation in accordance with the procedure established by law;
4.0.8. to expand the application of relevant information technologies in order to ensure efficient management in the field of road transport, to create information systems appropriate to the fields of activity of state and private organizations, to regulate, evaluate and integrate their activities;
4.0.9. to make proposals on improving mutual relations with cargo owners, operators, forwarders, agencies and other organizations at road transport junctions;
4.0.10. to request information on their activities from state institutions operating in the field of road transport in accordance with the established procedure and to take appropriate measures within their powers;
4.0.11. taking into account international experience, to take measures to assess and improve the quality of road transport services provided in the autonomous republic;
4.0.12. to support innovative initiatives (“start-ups”) in high technologies, to hold competitions, promotional events, seminars and trainings;
4.0.13. to demand that state bodies, legal entities and individuals involved in the collection, processing and protection of personal data eliminate violations of the requirements of the Law of the Republic of Azerbaijan “On Personal Data”, to take measures together with relevant state bodies to hold persons who have violated the requirements of the law accountable;
4.0.14. to present employees working in the fields of telecommunications, postal services and high technology, as well as in subordinate transport institutions, to state awards and other awards, and to take measures to encourage them;
4.0.15. to gain access to the information systems and resources of state institutions, to study the service process of those institutions in order to develop appropriate software for the organization of services provided by them in electronic form, and to make relevant proposals;
4.0.16. to act as an initiator, executor or customer of projects related to the organization and improvement of electronic services and digitalization;
4.0.17. to monitor the implementation of technologies and information systems and resources to be used in the organization of electronic services and digitalization in state institutions in accordance with approved projects, technical norms, standards and requirements, and to directly participate in their commissioning;
4.0.18. to make proposals to state institutions for the connection of state institutions to the infrastructure created for the purpose of implementing digitalization and information exchange between information systems and to monitor their provision;
4.0.19. to collect proposals from state institutions related to the organization and improvement of digitalization, electronic services, analyze them and provide feedback;
4.0.20. To exercise other rights determined by the acts of the President of the Republic of Azerbaijan and the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic.
5. Organization of the Ministry's activities
5.1. The Ministry's Office, the structures included in its structure and the subordinate structures not included in its structure (legal entities, organizations, etc.) constitute a single system of the Ministry. The Ministry carries out its activities directly and through these structures.
5.2. The structure of the Ministry, the total number of employees of its Office and the structures included in its structure shall be determined by the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic. The list of subordinate structures (legal entities, organizations, etc.) not included in the structure of the Ministry shall be approved by the Cabinet of Ministers of the Nakhchivan Autonomous Republic.
5.3. The activities of the Ministry shall be headed by the Minister appointed to and dismissed from office in accordance with Clause 5 of Part I of Article 139 of the Constitution of the Republic of Azerbaijan, Clause 5 of Part I of Article 25 of the Constitution of the Nakhchivan Autonomous Republic and Clause 7 of Part II of Article 5. The Minister is personally responsible for the fulfillment of the duties and exercise of the rights assigned to the Ministry.
5.4. The Minister has two deputies appointed and dismissed by the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic. The deputy ministers perform the duties assigned to them by the Minister and are personally responsible for this.
5.5. The Minister:
5.5.1. Organizes and manages the activities of the Ministry;
5.5.2. distributes duties among his deputies, determines their powers, as well as those of other officials of the Ministry, on staff, personnel, financial, economic and other issues, and ensures their mutual activity;
5.5.3. Adopts normative legal acts in the form of decisions on the approval of the statutes of the structural divisions of the Ministry's Office, organizations included in its structure (except for organizations whose statutes are approved by the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic) and the Scientific and Technical Council, as well as on issues not included in the powers of the Ministry's board in paragraph 5.11 of these Statutes;
5.5.4. Approves the statutes of the structural divisions of organizations included in the structure of the Ministry, and submits the statutes of subordinate organizations not included in its structure for approval;
5.5.5. Approves the structure of the Ministry's Office, organizations included in its structure, as well as subordinate organizations not included in its structure, within the established structure, salary fund and number of employees, the staffing table and their cost estimates within the allocated budget allocation;
5.5.6. Appoints and dismisses the employees of the Ministry's Office, heads, deputy heads and other senior officials of the organizations included in its structure and subordinate organizations not included in its structure (except for organizations whose heads are appointed and dismissed by the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic), takes measures of encouragement and disciplinary punishment against them;
5.5.7. adopts non-normative legal acts in the form of orders and decrees and organizes, checks and exercises control over their implementation, as well as the implementation of normative legal acts adopted by the Ministry;
5.5.8. Cancels decisions of officials of the Ministry that contradict the legislation;
5.5.9. represents the Ministry in relations with state bodies, departments, enterprises and organizations, legal entities and individuals, conducts negotiations, and signs relevant documents within the scope of the powers granted;
5.5.10. Makes proposals on the formation of the state budget and extra-budgetary funds for the relevant year on issues related to the Ministry;
5.5.11. ensures the spending of funds allocated from the autonomous republic budget for their intended purpose;
5.5.12. distributes funds allocated from the state budget and extra-budgetary funds, taking into account the limits of the allocated funds, ensures the provision of salary supplements, material assistance and bonuses to employees of the Ministry's structural divisions, organizations included in its structure and subordinate organizations not included in its structure;
5.5.13. Approves the Chairman of the Appeals Council, as well as other members of the Appeals Council, the head of the Secretariat and its composition based on the presentation (proposal) of the Chairman of the Appeals Council;
5.5.14. Grants professional ranks to employees of the Ministry who are civil servants.
5.6. The bodies included in the structure of the Ministry and the subordinate bodies not included in its structure are directly responsible for the fulfillment of the tasks and functions assigned to them.
5.7. The Minister may assign the implementation of part of his powers or the temporary performance of his duties to one of his deputies.
5.8. A board consisting of the minister (chairman of the board), deputy ministers, and other senior officials of the Ministry shall be established in the Ministry. Specialists and scientists may also be included in the board of the Ministry.
5.9. The number of members of the board of the Ministry and the composition of the board shall be approved by the Cabinet of Ministers of the Nakhchivan Autonomous Republic upon the presentation of the minister.
5.10. The board of the Ministry shall consider issues related to the activities of the Ministry at its meetings and shall adopt relevant decisions.
5.11. The board of the Ministry shall adopt the following normative legal acts in the form of decisions:
5.11.1. Normative legal acts regulating the relations between the Ministry and other persons (organizations);
5.11.2. specific normative legal acts, the adoption of which is entrusted to the Ministry by the Chairman of the Supreme Assembly of the Nakhchivan Autonomous Republic;
5.11.3. unified (joint) normative legal acts regulating the activities of several state bodies;
5.11.4. normative legal acts that must be coordinated with relevant state bodies;
5.11.5. normative legal acts provided for in subparagraph 5.5.3 of these Regulations submitted for discussion by the Ministry's Board at the initiative of the Minister;
5.11.6. normative legal acts on the cancellation of normative legal acts adopted by the Ministry's Board or amendments to them in accordance with subparagraphs 5.11.1–5.11.5 of these Regulations.
5.12. Meetings of the Ministry's Board are authorized when more than half of the Board members are present. Decisions of the Ministry's Board are adopted by a simple majority of its members. If the votes are equal when adopting a decision of the Ministry's Board, the vote of the Chairman of the Board is considered decisive.
5.13. In cases of disagreement among the members of the Ministry's board, the Minister shall inform the Cabinet of Ministers of the Nakhchivan Autonomous Republic about this and implement his decision. Members of the Ministry's board may convey their personal opinions to the Cabinet of Ministers of the Nakhchivan Autonomous Republic.
5.14. Representatives of other executive bodies and organizations, as well as non-governmental organizations, may also be invited to the meetings of the Ministry's board.
5.15. A scientific and technical council, an Internet development council and other public councils may be established in the Ministry to study and implement scientific and technical achievements and advanced practices in the relevant field.