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Law of the Republic of Azerbaijan on Preparedness Activity and Mobilization in the Republic of Azerbaijan

The present Law provides the legal regulation in the field of preparedness activity and mobilization in the Republic of Azerbaijan and defines the rights, obligations and responsibilities of executive authorities, local governments, entities, enterprises and organizations of any form of ownership (hereinafter — organizations) and the officers thereof and the citizens of the Republic of Azerbaijan (hereinafter — the citizens) in this field.

Chapter I. General

Article 1. Definitions

1.0. The terms used herein are defined as follows:

1.0.1. preparedness activity — means a complex of activities carried out at peace time for preparation of the economy, executive authorities, local governments and organizations of the Republic of Azerbaijan, the Republic of Azerbaijan Armed Forces and other armed units provided in the legislation, as well as, special state bodies established by the relevant executive authority and special units established for wartime (hereinafter — special units), for the purpose of defence of the state against any armed attack and provision of demands of the state and needs of the population at wartime.

1.0.2. mobilization — a complex of activities for transition of the economy, executive authorities, local governments and organizations of the Republic of Azerbaijan to wartime regime and shift of Azerbaijan Armed Forces, other armed units, provided in the legislation, and special units to the organizational structure assigned for wartime.

Article 2. Legislation of the Republic of Azerbaijan on preparedness activity and mobilization

Legislation of the Republic of Azerbaijan on Preparedness activity and Mobilization consists of the Constitution of the Republic of Azerbaijan, the present Law, international agreements joined by the Republic of Azerbaijan and other legislative acts of the Republic of Azerbaijan.

Article 3. Declaration of mobilization

3.1. General or partial mobilization may be declared in the Republic of Azerbaijan.

3.2. The decision of the relevant executive authority on declaration of mobilization shall be immediately spread by means of mass media or, should it be impossible, by other means.

Article 4. Basic principles of preparedness activity and mobilization and the obligations of the government in this field

4.1. Preparedness activity and mobilization in the Republic of Azerbaijan is a part of the defence of the state.

4.2. The basic principles of preparedness activity and mobilization are the followings:

4.2.1. centralized governing;

4.2.2. preparation, scheduled work and control;

4.2.3. complex approach and mutual agreement.

4.3. The obligations of the government in the field of preparedness activity and mobilization are the followings:

4.3.1. legal regulation in the field of preparedness activity and mobilization;

4.3.2. scientific and methodical support of preparedness activity and mobilization;

4.3.3. determination of the regime and preparation of governmental authorities, local governments and organization during mobilization and wartime;

4.3.4. taking measures for transition of governmental authorities, local governments and organizations to wartime regime;

4.3.5. development of mobilization plan for the economy of the Republic of Azerbaijan, the Republic of Azerbaijan Armed Forces, other armed units, provided in the legislation, and special units (hereinafter — Mobilization plans);

4.3.6. preparation of the Republic of Azerbaijan Armed Forces, other armed units, provided in the legislation, and special units for mobilization;

4.3.7. mobilization of the Republic of Azerbaijan Armed Forces, other armed units, provided in the legislation, and special units;

4.3.8. preparation of the economy of the Republic of Azerbaijan for mobilization and wartime conditions;

4.3.9. taking measures for transition of the economy of the Republic of Azerbaijan to wartime conditions;

4.3.10. assessment of the preparedness of the Republic of Azerbaijan for mobilization;

4.3.11. mobilization of forces, establishment, development and maintenance of production facilities for the purpose of provision of demands of the government, the Republic of Azerbaijan Armed Forces, other armed units, provided in the legislation, and special units and needs of population at wartime;

4.3.12. formation and training of special units for the purposes of including in or using in the interest of the Republic of Azerbaijan Armed Forces, other armed units, provided in the legislation, and special units, as well as for provision of the needs of the economy of the Republic of Azerbaijan;

4.3.13. development of technical equipment for the purposes of including in or using in the interest of the Republic of Azerbaijan Armed Forces, other armed units, provided in the legislation, and special units;

4.3.14. establishment, accumulation, maintenance and re-supply of mobilization and state reserves of material resources, as well as, untouchable reserve of foodstuffs and oil products;

4.3.15. establishment and maintenance of a reserve fund of documents regarding to arms and military equipment, important civil products, highly dangerous objects, systems of vital importance for population and objects deemed to be national wealth;

4.3.16. preparation for and organization of supply of the population with foodstuffs and non-foods in accordance with standards, rendering of medical service, provision of means of communication and transport during mobilization and at wartime;

4.3.17. establishment and preparation for functioning at wartime conditions of reserve control points of governmental authorities, local governments and organization, in accordance with the established conditions;

4.3.18. preparation of mass media for functioning during mobilization and at wartime;

4.3.19. organization of military registration in governmental authorities, local governments and organizations;

4.3.20. training of the population in accordance with military qualifications for the purpose of recruitment of the Republic of Azerbaijan Armed Forces other armed units, provided in the legislation, and special units;

4.3.21. reservation of military officials working in governmental authorities, local governments and organizations for mobilization and wartime;

4.3.22. conduction of trainings and instructions on implementation of mobilization plans;

4.3.23. advanced training of the employees of mobilization bodies;

4.3.24. international corporation in the field of preparedness activity and mobilization.

Chapter II. Powers of executive authorities and local governments in the field of preparedness activity and mobilization

Article 5. Powers of the relevant executive authorities of the Republic of Azerbaijan

5.1. The relevant executive authority of the Republic of Azerbaijan has the following powers in the field of preparedness activity and mobilization:

5.1.1. to approve the mobilization plans for the Republic of Azerbaijan Armed Forces, other armed units, provided in the legislation, economy and administration;

5.1.2. to define the goals and obligations of preparedness activity and mobilization;

5.1.3. to adopt relevant normative legal acts in the field of preparedness activity and mobilization;

5.1.4. to define the coordination of activities and interrelations of governmental authorities in the field of preparedness activity and mobilization;

5.1.5. to determine the conditions for submission of annual reports on the status of preparedness activity;

5.1.6. to sign the international agreements of the Republic of Azerbaijan in the field of preparedness activity and mobilization;

5.1.7. to declare general or partial mobilization, immediately, in cases of real armed attack or a danger thereof against the Republic of Azerbaijan, as well as in cases of armed conflict against the Republic of Azerbaijan;

5.1.8. to define the working conditions of executive authorities, local governments and organizations during mobilization and at wartime;

5.1.9. to define the conditions for organization of works for reservation of military officials working in governmental authorities, local governments and organizations;

5.1.10. to grant or terminate the right of deferment of military service for citizens or separate categories thereof;

5.1.11. to define the special conditions for entry to and exit from the Republic of Azerbaijan in case of declaration of mobilization;

5.1.12. to declare demobilization;

5.1.13. to carry out other powers provided in the legislation.

5.2. Within the extents of their powers in the field of preparedness activity and mobilization, the relevant executive authority of the Republic of Azerbaijan:

5.2.1. governs preparedness activity and mobilization;

5.2.2. carries out the requirements on provision of preparedness activity and mobilization;

5.2.3. defines the powers and supervises the activities of executive authorities in the field of preparedness activity and mobilization, under the instruction of the relevant executive authority;

5.2.4. organizes the development of mobilization plans for the purpose of provision of demands of the government, the Republic of Azerbaijan Armed Forces, other armed units, provided in the legislation, and special units and needs of population at wartime;

5.2.5. defines the conditions for fulfilment of mobilization assignments (orders) by organizations and provision of logistical supply of such assignments (orders);

5.2.6. defines the conditions and sources of determination of preparedness activity and mobilization measures;

5.2.7. settles the issues on allocation of funds from state budget for preparedness activity and mobilization and provision of rebates for organizations fulfilling mobilization assignments (orders);

5.2.8. drafts normative legal acts in the field of preparedness activity and those to be applied during mobilization and wartime;

5.2.9. provides the fulfilment of the obligations of the Republic of Azerbaijan arising from the international agreements on cooperation in the of preparedness activity and mobilization;

5.2.10. provides scientific, methodical and informational support of preparedness activity and mobilization;

5.2.11. establishes mobilization body;

5.2.12. provides advanced training of the employees of mobilization body;

5.2.13. organizes preparedness activity, sets up statistic report on preparedness activity, assesses the status of preparedness activity in the Republic of Azerbaijan and submits annual report to the relevant executive authority of the Republic of Azerbaijan;

5.2.14. supervises transition of the Republic of Azerbaijan Armed Forces, other armed units, provided in the legislation, and special units to the organizational staff structure, assigned for wartime, in case of declaration of mobilization;

5.2.15. organizes transition of the economy of the Republic of Azerbaijan to wartime conditions in a pre-defined manner;

5.2.16. provides military registration and reservation of military officials working in governmental authorities, local governments and organizations during mobilization and at wartime;

5.2.17. provides trainings and instructions on implementation of mobilization plans;

5.2.18. defines the conditions for establishment, accumulation, maintenance, re-supply and use of mobilization and state reserves of material resources, as well as, untouchable reserve of foodstuffs and oil products;

5.2.19. defines the conditions for establishment, maintenance and use of a reserve fund of documents regarding to arms and military equipment, important civil products, highly dangerous objects, systems of vital importance for population and objects deemed to be national wealth;

5.2.20. approves the list of reserve control points of governmental authorities, local governments and organization, in accordance with the established conditions;

5.2.21. carries out other powers provided in the legislation.

5.3. Within the extents of their powers in the field of preparedness activity and mobilization, the relevant executive authorities of the Republic of Azerbaijan:

5.3.1. organize and provide preparedness activity and mobilization;

5.3.2. govern the preparedness activity of organizations, which they interact with, or ones within the extent of their powers;

5.3.4. define the amount of financing of preparedness activity works;

5.3.5. develop mobilization plans;

5.3.6. conclude agreements on fulfilment of mobilization assignments (orders) with organizations, which they interact with, or ones within the extent of their powers;

5.3.7. provide the implementation of complex measures for transition of organizations to wartime working conditions in cases and manners provided in the legislation, in case of declaration of mobilization;

5.3.8. make proposals on improvement of preparedness activity and mobilization to the relevant executive authorities of the Republic of Azerbaijan;

5.3.9. take measures for re-assignment of mobilization assignments (orders) to other organizations in cases of bankruptcy (insolvency) of the organizations to which such assignments (orders) were assigned;

5.3.10. provide military registration and reservation of military officials working in governmental authorities, local governments and organizations during mobilization and at wartime and submit report on reservation in accordance wit the conditions defined by the relevant executive authority of the Republic of Azerbaijan;

5.3.11. organize advanced training of the employees of mobilization bodies.

Article 6. Powers and functions of relevant executive authorities and local governments

6.1. Within the extents of their powers in the field of preparedness activity and mobilization, the relevant executive authorities and local governments:

6.1.1. establish mobilization bodies;

6.1.2. organize and provide preparedness activity and mobilization;

6.1.3. ensure the execution of normative legal acts on preparedness activity and mobilization;

6.1.4. develop mobilization plans;

6.1.5. carry out activities for implementation of mobilization plans in correlation with the relevant executive authorities of the Republic of Azerbaijan;

6.1.6. conclude agreements on delivery of goods, performance of works, allocation of forces and funds, rendering of services with organization, for the purpose of preparedness activity and mobilization;

6.1.7. take measures for transition of the economy to wartime conditions in cases and manners provided in the legislation;

6.1.8. assist the relevant executive authorities in preparedness activity and mobilization activities at peacetime and during mobilization;

6.1.9. provide timely notification and arrival of citizens liable for mobilization call-up, delivery of military equipment to assembly point or military units, putting into use of buildings, constructions, communications, ground areas, transport and other material resources for proper purposes, in accordance with mobilization plans;

6.1.10. provide the relevant executive authorities with information about the organizations in the political unit;

6.1.11. organize advanced training of the employees of mobilization bodies.

6.2. When the legislation and executive authorities assign to local governments additional powers in the field of preparedness activity and mobilization, they shall be provided with necessary financial funds by the relevant executive authority.

Chapter III. Obligations of organizations and citizens in the field preparedness activity and mobilization

Article 7. Obligations of organizations

7.1. Within the extents of their powers in the field of preparedness activity and mobilization, organizations:

7.1.1. organize and carry out activities for provision of preparedness activity;

7.1.2. establish mobilization bodies or appoint officers carrying out the obligations of mobilization bodies (hereinafter mobilization officer);

7.1.3. develop mobilization plans;

7.1.4. carry out activities on preparation of industry for the purpose of fulfilment of mobilization assignments (orders), during mobilization and at wartime;

7.1.5. take measures for transition of the industry to wartime working conditions in cases and manners provided in the legislation, in case of declaration of mobilization;

7.1.6. fulfil mobilization assignments (orders) in accordance with the agreements concluded for the purpose of provision of preparedness activity and mobilization;

7.1.7. assist the relevant executive authorities in mobilization activities at peacetime and during mobilization;

7.1.8. ensure timely notification and arrival of the employees, liable for military service under mobilization, to assembly points or military units;

7.1.9. ensure delivery of military equipment to assembly points or military units in accordance with mobilization plans;

7.1.10. allocate buildings, constructions, communications, ground areas, transport and other means in accordance with mobilization plans, provided that the damages they incurred will be refunded by the government under the conditions defined by the relevant executive authority;

7.1.11. establish military registration units and provides military registration and reservation of the military officials working in these organizations and ensure submission of report on reservation;

7.1.12. provide information on preparation and conduction of mobilization measures, in the manner defined by the relevant executive authority.

7.2. The organizations with the production capacity allowing fulfilment of mobilization assignment (orders) are not entitled to refuse to conclude agreements for fulfilment of such assignments (orders), in case of necessity to increase production in connection with mobilization.

7.3. The directors and other officials of the organizations impeding timely arrival of the citizens to assembly points or military units during mobilization call-ups and subsequent call-ups during wartime, will be made answerable in accordance with the legislation of the Republic of Azerbaijan.

7.4. The damage incurred by the organizations in connection with fulfilment of mobilization assignments (orders) will be refunded by the government in under the conditions defined by the relevant executive authority.

Article 8. Obligations of the citizens

8.1. In the field of preparedness activity and mobilization, the citizens:

8.1.1. come to the relevant executive authorities in accordance with the call-up papers to determine their appointments during mobilization and at wartime;

8.1.2. fulfil the requirements set forth in mobilization directions, received from the relevant executive authorities, call-up papers and orders of the officials;

8.1.3. provide buildings, constructions, means of transport and other property in their possession, for the purpose of defence of the country and security of the state at wartime, provided that the damage they incurred will be refunded by the government in the manner defined by the relevant executive authority, in accordance with the legislation of the Republic of Azerbaijan.

8.2. The citizens are involved in the works carried out for the purposes of defence of the country and security of the state during mobilization and at wartime, as well as, they are duly included in special units.

8.3. The citizens defaulting on their obligations under preparedness activity and mobilization will be made answerable in accordance with the legislation of the Republic of Azerbaijan.

Сhapter IV. Organizational principles of preparedness activity and mobilization

Article 9. Organization and rules of preparedness activity and mobilization

9.1. The organization and rules of preparedness activity and mobilization of governmental authorities, local governments, the Republic of Azerbaijan Armed Forces, Armed Forces, other armed units, provided in the legislation, and special units are defined in accordance with the normative legal acts adopted by the relevant executive authority.

9.2. The organization and rules of preparedness activity and mobilization of the economy of the Republic of Azerbaijan, as well as, organizations are defined by the relevant executive authority.

9.3. The number of military officials liable for call-up is defined by the relative executive authority under the presentation of the relevant executive authority, however, for subsequent call-ups during wartime is defined by the relevant executive authority.

9.4. The officials of the governmental authorities, local governments and the organizations bear personal responsibility for fulfilment of the obligations assigned to them in the field of preparedness activity and mobilization in accordance with the legislation of the Republic of Azerbaijan, and ensure the relevant conditions for fulfilment of the obligations assigned to the employees of mobilization bodies.

Article 10. Mobilization bodies

10.1. The executive authorities of the Republic of Azerbaijan, local governments and organizations establish mobilization bodies, for the purpose of control on the organization and implementation of preparedness activity and mobilization.

10.2. The structure and stuff of the mobilization bodies are defined taking into consideration the mobilization assignments (orders) or the nature and scope of the obligations on mobilization activities. Depending on the scope of the mentioned assignments (orders) or obligations, mobilization officers may be appointed instead of establishing mobilization bodies.

10.3. The heads of the mobilization bodies or mobilization officers are subordinate to the heads of central executive authorities, local governments and organizations.

10.4. The functions, rights and obligations of the mobilization bodies established in the executive authorities of the Republic of Azerbaijan, local governments and organizations are defined in accordance with the Regulations on mobilization bodies approved by the relevant executive authority.

Article 11. Military transport obligation

11.1. Military transport obligation is established for the purpose of provision of the Republic of Azerbaijan Armed Forces, other armed units, provided in the legislation, and special units with means of transport, during mobilization and at wartime.

11.2. Military transport obligation is applied to the relevant executive authorities of the Republic of Azerbaijan, local governments, organizations, including wharf, sea and air ports, railway stations, petroleum storage depots, fuel handling bases, gas stations, organizations providing service (repairing, etc.) of transport, as well as, citizens owning means of transport.

11.3. Refund of the damage incurred in connection with handing over the means of transport and other property in the possession of organizations and citizens, for the purposes of defence of the country and security of the state, will be provided by the government, under the conditions defined by the relevant executive authority.

11.4. The conditions of the fulfilment of the military transport obligation are defined in accordance with the «Regulations of Military Transport Obligation», approved by the Law of the Republic of Azerbaijan.

Article 12. Financing of preparedness activity and mobilization

12.1. The works on preparedness activity are financed out of the funds of the State budget of the Republic of Azerbaijan.

12.2. The works on preparedness activities, carried out on the initiate of the organizations for the purpose of increasing the permanence of their activities, are financed out of the funds of such organizations;

12.3. Financing of mobilization activities is provided in the manner defined by the relevant executive authority.

Article 13. Confidentiality in the field of preparedness activity and mobilization

Confidentiality in the field of preparedness activity and mobilization is provided in accordance with the Law of the Republic of Azerbaijan «On State Secret» and other normative legal acts.

Chapter V. Mobilization call-up and demobilization of the citizens

Article 14. Mobilization call-up of the citizens

14.1. Mobilization call-up of the citizens is provided in accordance with the relevant laws of the Republic of Azerbaijan.

14.2. The citizens in reserve and those not having deferment of mobilization call-up are called up for mobilization, in case of declaration of mobilization.

14.3. The citizens in reserve and those not called up for mobilization may be send for working in civil positions of the Republic of Azerbaijan Armed Forces, other armed units, provided in the legislation, and special units.

Article 15. Deferment of mobilization call-up

15.0. Deferment of mobilization call-up is granted to the following citizens:

15.0.1. to the persons reserved in the manner defined by the relevant executive authority;

15.0.2. to the persons deemed to be temporarily unfit for military service due to health, for six months;

15.0.3. to several categories of citizens defined by the relevant executive authority.

Article 16. Periods of mobilization call-ups of the citizens

Mobilization call-ups of the citizens provided during the periods set firth in the mobilization plans of the Republic of Azerbaijan Armed Forces, other armed units, provided in the legislation.

Article 17. Organization of mobilization call-ups of the citizens

17.1. For the purpose of timely transition of the Republic of Azerbaijan Armed Forces and other armed units provided in the legislation to the organizational staff structure, assigned for wartime, and establishment of special units, the military officials are pre-attached to military units (are appointed to special units) to do their military service at wartime or to work in civil staff positions assigned for wartime.

17.2. The citizens attached to military units (appointed to special units) to do military service at wartime, are called up for mobilization, in case of conduction of activities for transition of the military units, to which they are attached (appointed), to the organizational staff structure assigned for wartime, as well as, in case of establishment of special units.

17.3. Mobilization call-up or dispatch of citizens to work in the civil staff positions assigned for wartime is provided by the relevant executive authorities together with the relevant executive authorities.

17.4. Mobilization call-up of the military officials is provided by the relevant executive authority in which they are registered.

17.5. The rules of mobilization call-up of the citizens attached to military units (appointed to special units) to do military service in the military positions assigned for wartime staff, as well as, the rules of dispatch of citizens to work in civil staff positions in the Republic of Azerbaijan Armed Forces, other armed units provided in the legislation and special units, are determined by the relevant executive authority.

Article 18. Demobilization

18.1. Demobilization is provided in accordance with the decision of the relevant executive authority of the Republic of Azerbaijan, in the manner and within the periods defined by the relevant executive authority.

18.2. The demobilized military servants are provided with a set of clothes and a pair of shoes, relevant to the season. Such military servants are sent to a place of residence and provided with food on the way, at the expense of government.

Article 19. Reservation of citizens during mobilization and for wartime

Reservation, during mobilization and for wartime, of citizens, working in governmental authorities, local governments and organizations is provided in accordance with the present Law and other normative legal acts of the Republic of Azerbaijan.

President of the Republic of Azerbaijan

Ilham ALIYEV

Baku, June 10, 2005

No. 923-IIQ

Published in "Azerbaijan" newspaper (August 18, 2005, No. 190).

Published in the «Collection of Laws of the Republic of Azerbaijan» (August 31, 2005, No. 8, article 683).

Unofficial translation