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Azerbaijan

Law of the Republic of Azerbaijan on the Right to Obtain Information

Law of the Republic of Azerbaijan on the Right to Obtain Information (Azərbaycan Respublikasının İnformasiya Əldə Etmək Hüququ Haqqında Qanunu)

RTI Rating: 94 (source)

Response Timeline

Initial Response
7 days
Extension
7 days
Residency Required
None

All timeframes are in working days (not calendar days). Standard response: 7 working days. Expedited: 24 hours if information loses urgency. Emergency: 48 hours for threats to life/health/liberty. Extension of 7 working days allowed for excessive requests or need to clarify; notification of extension must occur within 5 working days.

How to Submit a Request

Accepted Methods

  • {'notes': 'By contacting officials directly or by telephone', 'method': 'verbal'}
  • {'notes': 'Written request submitted in person', 'method': 'in_person'}
  • {'notes': 'Postal mail', 'method': 'mail'}
  • {'notes': None, 'method': 'fax'}
  • {'notes': None, 'method': 'email'}

No requirement to state reasons for request (except in specific circumstances outlined in Articles 15.3, 21.2.1, 22.4, 24.3).

Required Elements

  • Name and surname of applicant
  • Legal entity name (if applicable)
  • Contact information (postal/email address, telephone, or fax)
  • Description of requested information or document details
  • Preferred format for receiving information

Fees

Inspection of documents, hand-copying, and use of requester's own technical devices are free. Fees may apply for information services requiring state technical assistance, limited to the cost of preparation and submission. Fee schedules are established by the relevant executive authority in coordination with the Ombudsman. No specific fee waiver provision exists for impecunious requesters.

Exemptions

  • Criminal/administrative proceedings
    Information on criminal or administrative proceedings until submitted to court or proceedings terminated
  • State control
    Information on state control activities until decision made
  • Policy formation
    Information whose premature disclosure impedes public policy development
  • Audit/testing effectiveness
    Information that may impede effectiveness of audits or testing
  • Internal deliberations
    Information on internal deliberations before final decisions
  • Economic/monetary/financial operations
    Information on economic, monetary, or financial operations
  • Administration of justice
    Information that may impede administration of justice
  • Foreign documents
    Documents received from foreign entities until mutual consent obtained
  • Environmental threats
    Information on environmental threats
  • Technical solutions
    Technical solutions that may harm legitimate interests
  • Draft documents
    Draft orders, decrees, and decisions
  • Delegated duties
    Acts of entities performing delegated state duties

Article 35.2 establishes mandatory restrictions, while Article 35.3 provides discretionary restrictions. Article 35.4 requires a harm-benefit balancing test: mandatory restrictions apply only if damage from dissemination exceeds public interest. For violations or accidents (Article 39), officials must disclose to the extent results are clarified without impeding investigation. Article 37.1 prohibits restriction of 25 categories including emergency information, environmental data, budget information, and violations of law by authorities. Public interest override applies to Article 35.2 exceptions but not Article 35.3 discretionary restrictions.

Appeal Process

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Azerbaijan provides dual appeal pathways: administrative (via Ombudsman) or judicial (via courts). The Ombudsman route is free and relatively simple but lacks binding authority; the Commissioner can only issue recommendations and may need to escalate to courts. Internal review under the Law on Administrative Proceedings is described as completing within 20 working days or less. However, specific deadlines for filing external appeals are not clearly documented in publicly available English sources. The Ombudsman cannot review classified documents or inspect premises.

Sources & References