CHARTER
About of approval of the Charter and structure of “Dendrology Garden” Public Legal Entity
DECISION OF REPUBLIC OF AZERBAIJAN CABINET OF MINISTERS
Republic of Azerbaijan Cabinet of Ministers decide: guided by the eighth indentation of article 119 of the Constitution of the Republic of Azerbaijan.
1. The Charter of “Dendrology Garden” Public Legal Entity should be approved (Appendix No. 1).
2. The structure of “Dendrology Garden” Public Legal Entity should be approved (Appendix No. 2).
Ali Asadov
The Prime Minister of Azerbaijan Republic
Baku city, 25 June 2022
№ 250
Dated June 25, 2022 No.250 by decision has been approved the Republic of Azerbaijan Cabinet of Ministers.
Appendix No. 1
The CHARTER
of the “Dendrology Garden” Public Legal Entity
1. General Provisions
1.1. Dendrology Garden (hereinafter – The Garden) is a public legal entity operating in the area of management and protection of the territory belonging to it, establishment of plant species and green areas, take care of those, protection and maintenance of those plants, protection of the territory, provision of current activities and perspective development (hereinafter - relevant field).
1.2. The garden operates subordinate of the head of The Executive Power of Baku City.
1.3. The garden is the basis of own activity the Constitution of the Republic of Azerbaijan, the laws of the Republic of Azerbaijan, the decree and disposals of the President of the Republic of Azerbaijan, this Charter, the decisions and disposals of the Republic of Azerbaijan Cabinet of Ministers, other normative legal acts and the orders and disposals of the head of The Executive Power of Baku City.
1.4. While performing its duties and rights, the garden operates in interaction state and local government, international and non-governmental organizations, and other juridical and natural persons.
1.5. Independent balance of the garden, property, treasury and bank accounts, the name of The Executive Power of Baku City on it, own name and "On the rules for using the State Coat of Arms of the Republic of Azerbaijan" in accordance with the Law of the Republic of Azerbaijan also has a seal with the image of the State Coat of Arms of the Republic of Azerbaijan, corresponding stamps and blanks.
1.6. The garden performs activities of national and social importance. The garden can operates with entrepreneurial activity only that activity to achieve the goals set forth in this Charter in cases where it serves.
1.7. In accordance with the law, the Garden has the right and obligations to sign deals, as well as duties, to acquire property and non-property rights on own behalf. The Garden can perform as a plaintiff or defendant in court.
1.8. The Garden is situated in Baku city.
2. Directions of the garden’s activities
2.1. The directions of the garden’s activities are as follows:
2.1.1. Enrichment of plant resources of Azerbaijan and for research growing in different ecological conditions of the republic and imported from foreign countries
to preserve the rare, to maintain the genefund of endangered plants and organize its protection;
2.1.2. To take necessary measures residents of the capital of the garden area and of the guests for have a spend leisure time having a unique nature in order to turn it into a place of rest;
2.1.3. propagate the achievement of botanical and ecological science;
2.1.4. to take measures related to manage, protection and preservation the territory of the garden;
2.1.5. To organize plant species and planting green areas, taking care of those, protection and maintenance of those plants.
3. Duties of the garden
3.1. In accordance with the directions of activities defined by this Charter, the duties of the Garden are as follows:
3.1.1. to participate in the implementation and in developing targeted programs, and of development concepts, normative legal acts in the relevant field.
3.1.2. to ensure the fulfillment of the obligations by the Republic of Azerbaijan on issues related to the authority of the Garden and regulated by the international contracts of the Republic of Azerbaijan;
3.1.3. to maintain of scientific, economic, agricultural important, rare and endangered local and a living collection (gene fund) of native and introduced plants;
3.1.4. botany, ecology and in the field of nature conservation, planting of greenery,
decorative horticulture and landscape architecture, creation of a scientific-pedagogical teaching base and to carry out works in the fields of scientific education;
3.1.5. to ensure the use of the territory of the garden for the purpose of exposition, scientific research works (collection and experimental areas, saplings) reserve and administrative areas;
3.1.6. to create special expositions, collections, experimental areas, saplings and herbaria;
3.1.7. to organize expeditions for the purpose of collecting, studying and increasing the collection fund of plant resources;
3.1.8. to develop and research agrotechnics for primary cultivation of important new plants from natural and foreign flora;
3.1.9. to organize cultural recreation of the population, environmental protection in children and young people, to take measures to inculcate feelings of treating plants in accordance with humane principles;
3.1.10. when detecting signs of administrative mistake in the relevant field,
to implement measures according to the Administrative Offences Code of the Republic of Azerbaijan, if there are signs of a crime, according to information;
3.1.11. to enlighten and to inform the public about the importance of protecting the plants in the territory of the garden;
3.1.12. to organize electronic services in the relevant field in accordance with Decree No. 263 of the President of the Republic of Azerbaijan dated September 12, 2018, on the approval of "Rules for the formation, management, integration and archiving of state information resources and systems" and some measures related to electronic government;
3.1.13. to implement exchange plants with the relevant gardens of other countries for implementation of the study and breeding program in artificial conditions;
3.1.14. to participate in programs related to the activities of gardens, to cooperate with non-governmental organizations and international nature protection organizations in this field;
3.1.15. to inform the population about own activities, to create a website, to ensure that the public information it has and the list of which must be disclosed by the Law of the Republic of Azerbaijan “On obtaining information” is placed on that website and this information is constantly updated;
3.1.16. to ensure the implementation of scientific and technical achievements in the activity field, considering to advanced international experience;
3.1.17. preparation of professional specialists by the directions of action, to give suggestions on the design of educational programs and participating those in implementation;
3.1.18. to help conducting research and scientific-practical investigation in the relevant field of qualified personnels;
3.1.19. to prepare reference related to the activity and reports, to present to the The Executive Power of Baku City;
3.1.20. to organize the in accordance with the requirements of normative legal acts
clerical work and reception of citizens;
3.1.21.to implement measures in accordance with the law and to consider in accordance with the laws of the Republic of Azerbaijan “About citizens’ appeals”, “About administrative proceedings”, “On obtaining information” the incoming of appeals related the activities of the garden;
3.1.22. to coordinate the activities of state institutions, local government, juridical and natural persons in the field of activity;
3.1.23. to ensure efficient use from the budget allocated to the garden, credit, grant and others according to the purpose of financial resources;
3.1.24. to organize the garden's information maintenance and ensure its security;
3.1.25. to implement measures as well as for the protection of secrecy regime, the state and commercial of secrets;
3.1.26. to take measures to improve its structure and activity.
4. The Garden rights
4.1. Own duties for perform, the Garden has the following rights:
4.1.1. in the relevant field adoption of the draft normative legal act, making changes to the act, interpretation of the act, on suspension or cancellation of its validity to offer regarding it;
4.1.2. to make suggestions about the support of the Republic of Azerbaijan to international contracts in the relevant field;
4.1.3. to request necessary information (documents) to state bodies (organization), local governments, natural and legal persons, and to receive such information (documents) from them;
4.1.4. to give opinion and suggestions on the directions of activity, to conduct analyzes and generalizations, to prepare analytical materials;
4.1.6. with the consent of the head of the The Executive Power of Baku City, to create and participate in economic societies, to create branches, representation and offices;
4.1.7. to involve independent experts, specialists to own activities;
4.1.8. to research associated the issues concerning to the directions of activity, to create working groups and commissions;
4.1.9. to cooperate with international organizations, relevant state bodies (institutions) of foreign countries in order to investigate the possibilities of application of international experience, as well as study the relevant experience of foreign countries;
4.1.10. to make suggestions to the The Executive Power of Baku City regarding the submission of employees' state awards, and to take measures to encourage them;
4.1.11. to print special bulletin and other publications.
5. Management of the garden activities
5.1. The Garden applies progressive corporate management standards in own activities.
5.2. The Administrative Personnel carries out general management and control of the activities of the garden.
5.3. Administrative Personnel 3 (three) it consists of members – the Chairman of the Administrative Personnel appointed and dismissed to position by the head of the The Executive Power of Baku City and his 2 (two) deputies.
5.4. Temporary absence of the Chairman of the Administrative Personnel, performs his powers one of the deputies of the Chairman of the Administrative Personnel, determined by the Chairman of the Administrative Personnel.
5.5. The Administrative Personnel performs the following duties:
5.5.1. to makes suggestions and to assign documents (including the Garden's annual financial report and annual report on its activity) to the The Executive Power of Baku City for the implementation of the powers of the founder;
5.5.2. to makes suggestions to the The Executive Power of Baku City to determine the strategic goals and plans of the garden, for to determine of the directions of development;
5.5.3. approves the financial planning of the garden and budget by agreeing with the The Executive Power of Baku City;
5.5.4. look at the drafts of legal acts related to the improvement of the activities of the Garden and to assign those drafts to the The Executive Power of Baku City;
5.5.5. Organizes and controls the activities of the garden;
5.5.6. ensures efficient use of by appointment budget funds, loans, grants and from other financial resources;
5.5.7. the Administrative Personnel look at the members of applications and accepts decision;
5.5.8. labor payment fund of the Garden, of the number of employees and of the amount of wages (of duty salary, supplements to position salary, bonuses and other payments) for approval makes suggestions to The Executive Power of Baku City;
5.5.9. approves the internal rules about its activities (including the rules for excluding conflicts of interest), as well as the statutes of its management, branche and regulations of representation, and the charters of economic societies;
5.5.10. with the approval of the The Executive Power of Baku City, on the establishment of economic societies of the Garden or on participation in them, also adopts a decision about of creation management, branch and representations;
5.5.11. with the approval of the The Executive Power of Baku City, the value of the net assets of the garden a agreement that is more than 25 percent (special important agreement) and value with the person concerned 5 percent of the assets of the garden and adopts a decision to sign the agreement, which is the more part;
5.5.12. adopts a decision to sign the agreement with the relevant person, the value of which is up to 5 percent of the assets of the Garden;
5.5.13. appoints an external auditor of the Garden with the approval of the The Executive Power of Baku City and accepts the audit report;
5.5.14. makes suggestions to the The Executive Power of Baku City regarding the prices of the services of the garden;
5.5.15. takes measures on the results of external auditor's inspections, as well as other inspections;
5.5.16. informs to The Executive Power of Baku City about current and operative issues;
5.5.17. controls the activities of the internal audit department of the Garden and receives reports on its activities, as well as appoints to duty and dismisses from duty its members;
5.5.18. supervises the strategic goals and plans of the Garden, as well as the implementation of the budget;
5.5.19. Listens to the annual report on the activities of the garden;
5.5.20. To the authority of the Chairman of the Administrative Personnel decides on all other issues unattributed.
5.6. The Chairman of the Administrative Personnel convenes and presides over the meetings of the Administrative Personnel at least once a month. With the initiative of holding meetings of the Administrative Personnel perform Chairman of the Administrative Personnel or another member. The meetings of the Administrative Personnel the members of the Administrative Personnel is competent when more than half are participate.
5.7. The result of the meeting of the Administrative Personnel is formalized by be reflected in the protocol signed by the members of the Administrative Personnel and the secretary.
5.8. At the meeting of the Administrative Personnel, each member has one vote, and decisions are accepted by open voting, by simple vote majority. If the number of votes is equal, the vote of the chairman of the meeting is decisive. During voting of participants are not allowed to stay neutral.
5.9. To the members of the Administrative Personnel, as well as the persons invited to the meetings of the Administrative Personnel, are informed in writing about the place and time of the meetings of the Administrative Personnel, as well as on the issues included in the agenda, at least 3 (three) working days before the meeting, with necessary documents attached.
5.10. When an issue affecting the interests of any member of the Administrative Personnel is included in the agenda of the meeting, that member should provide detailed information about his interests, and should not participate in the discussion of this issue and voting on that issue.
5.11. Decisions cannot be made on issues that the required relevant documents have not been submitted before the meeting, except in cases where all participating members agree.
5.12. Chairman of the Administrative Personnel:
5.12.1. implements the current management to the activities of the garden and represents it;
5.12.2. organizes the activities of the Administrative Personnel and determines the agenda of its meetings;
5.12.3. convenes the meetings of the Administrative Personnel on his own initiative or with the initiative of another member of the Administrative Personnel;
5.12.4. own initiative, as well as at the request of any other member of the Administrative Personnel, invites other persons to participate in the meeting of the Administrative Personnel;
5.12.5. Organizes, checks and supervises the implementation of the adopted acts on the activities of the garden;
5.12.6. Regarding the mandatory execution organization of garden activities gives internal disposal and orders;
5.12.7. With the approval of the The Executive Power of Baku City, appoints and dismisses the heads of economic societies, management, branch and representation of the Garden;
5.12.8. Makes decisions on the appointment and dismissal of the employees of the Garden, including its management, branch and representations, as well as subordinate institutions (except economic societies), and on taking incentive and disciplinary measures against them, except for the cases specified by this Charter;
5.12.9. Controls the use of garden property in accordance with to the intended purposes in this Charter;
5.12.10. Annuls decisions which is against the law of officials of economic societies and itself, the structural departments of the Garden (including management, branch and representation);
5.12.11. Conducts operations on behalf of the Garden within the authorities established by this Charter, signs contracts and ensures their fulfillment;
5.12.12. Takes necessary measures for the protection of state secrets and the regime of confidentiality in the activities of the garden, as well as for the defense of other information protected by law;
5.12.13. Consultant committees and working groups creates according to the directions of activities of the garden;
5.12.14. Related to the organization of the activities of Administrative Personnel implements other measures;
5.12.15. Clerical and archives work ensures in the garden;
5.12.16. Consideration to appeals and reception of citizens provides in the garden;
5.12.17. Approves the structure, staff table and expense of estimate of the Apparatus of the Garden and other structural units within the limits of the established structure, labor payment fund and number of employees by agreeing with the The Executive Power of Baku City;
5.12.18. Organizes the payment of official salaries, supplements to official salaries, bonuses and other payments of garden employee within the framework of the labor payment fund;
5.12.19. Performs the tasks of the head of The Executive Power of Baku City.
5.13. Members of the Administrative Personnel:
5.13.1.Concerning authority of Administrative Personnel participates in the solvation of issues;
5.13.2. The agenda of the meeting of Administrative Personnel and with the materials gets acquainted in advance;
5.13.3. Will be accepting on decisions of Administrative Personnel gives an opinion;
5.13.4. About look at to issues related to powers of Administrative Personnel in meetings of Administrative Personnel gives suggestions;
5.13.5. Decisions, meeting protocols and with other documents of Administrative Personnel gets acquainted.
5.14. The members of the Administrative Personnel must be impartial to the issues considered at the meetings of the Administrative Personnel, must not allow actions and speeches that could harm the name of the Administrative Personnel member, also fulfill other requirements defined by Article 49 of the Civil Code of the Republic of Azerbaijan.
6. The form and scope of supervision of the garden activity
6.1. On behalf of the founder, supervision to the activities of the Garden implement the Republic of Azerbaijan Cabinet of Ministers, the The Executive Power of Baku City, also the Administrative Personnel in the manner determined by this Charter.
6.2. The annual report on the activity of the garden is presented to the The Executive Power of Baku City.
7. Foundations of the charter fund, property and financial activity of the Garden
7.1. The charter fund of the Garden is 1183991,0 (one million one hundred and eighty three thousand nine hundred and ninety one) manats.
7.2. The property of the garden is formed from the charter fund, other property given to it by the founders, funds allocated from the state budget, works performed in accordance with the directions of activity, incomes obtained from the provided services, donations, grants, investments and other funds determined by law.
7.3. The Garden uses own property only in accordance with the purposes defined by its Charter. In relation to the state property on the balance, implement own authorities in accordance with the Decree No. 586 of the President of Azerbaijan Republic dated June 6, 2007 "On the preservation and improvement of the efficient use of state property".
7.4. Taxes in the law and others after paying the mandatory fees Garden has the right to independently dispose of the funds obtained from the activities of the garden, its management, branch, representations and economic societies, as well as other subordinate institutions.
7.5. The profit of the garden is transferred to the state budget only by the decision of the The Executive Power of Baku City for purposes not intended in this Charter.
7.6. The prices of the services provided by the garden refer to the prices (tariffs) regulated in accordance with Article 42 of the Law of the Republic of Azerbaijan "On Specially Protected Natural Areas and Objects".
8. Accounting and reporting in the garden
8.1. Garden compiles, presents and publishes financial reports in accordance with the Law of the Republic of Azerbaijan "On Accounting" for public legal entities.
8.2. The Garden compiles and presents statistical reports in accordance with the Law of the Republic of Azerbaijan "On Official Statistics".
8.3. The Garden provides management, branch, representations and economic societies, as well as other subordinate institutions checking of financial and economic activity.
8.4. The garden attracts an external auditor for independent verification of own activities.
9. Cancellation and reorganization of the garden
9.1. The garden is reorganized or cancelled by the Republic of Azerbaijan Cabinet of Ministers with the coordinate the President of the Republic of Azerbaijan.
Dated June 25, 2022 No.250 by decision has been approved the Republic of Azerbaijan Cabinet of Ministers.
Appendix No. 2
The structure of “Dendrology Garden” Public Legal Entity
“Dendrology Garden” Public Legal Entity Apparatus (departments, laboratories and areas of scientific experiment).