Academy

Charter of the Azerbaijan State Marine Academy

The legal status, fields of activity, duties and rights, management, property, and control over the activities of the Academy. The Charter was approved by Decision No. 361 of the Cabinet of Ministers dated September 21, 2022.

Approved byCabinet of Ministers, 21.09.2022, № 361
Legal formPublic legal entity
SubordinationASCO
Legal addressBaku, Sabail district, 18 Zarifa Aliyeva street

Unofficial translation. The official text of the Charter is in Azerbaijani.

Approved by Decision No. 361 of the Cabinet of Ministers of the Republic of Azerbaijan dated September 21, 2022.

1. General Provisions

1.1. The Azerbaijan State Marine Academy (hereinafter – the Academy) was established by Decision No. 91 of the Cabinet of Ministers of the Republic of Azerbaijan dated July 15, 1996. The Academy operates under the Azerbaijan Caspian Shipping Company CJSC (hereinafter – ASCO).

1.2. The Academy is a public legal entity engaged in activities of public importance, implementing higher education programs at relevant levels, as well as secondary specialized and additional education programs in the field of maritime transport in accordance with the Law of the Republic of Azerbaijan "On Education", and conducting fundamental, theoretical-methodological, pedagogical-methodological and applied scientific research in accordance with the Law of the Republic of Azerbaijan "On Science".

1.3. In its activities, the Academy is guided by the Constitution of the Republic of Azerbaijan, the requirements of the International Maritime Organization's 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (as amended), the Civil Code of the Republic of Azerbaijan, the Laws of the Republic of Azerbaijan "On Public Legal Entities", "On Education", "On Science", decrees and orders of the President of the Republic of Azerbaijan, this Charter, other decisions and orders of the Cabinet of Ministers of the Republic of Azerbaijan, as well as other normative legal acts of the Republic of Azerbaijan, and the Charter, orders and directives of ASCO.

1.4. The Academy has an independent balance sheet, state property in its use, a bank account, a seal with the name of ASCO and its own name engraved on it, relevant stamps and letterheads.

1.5. The Academy acquires the status of a legal entity after being state-registered by the State Tax Service under the Ministry of Economy of the Republic of Azerbaijan in accordance with the procedure established by the Law of the Republic of Azerbaijan "On State Registration and State Register of Legal Entities". The legal capacity of the Academy is terminated at the moment its liquidation is completed.

1.6. While performing its duties and exercising its rights, the Academy operates in interaction with state bodies (entities), local self-government bodies, international and non-governmental organizations, as well as other legal entities and individuals.

1.7. In accordance with the law, the Academy has the right to conclude transactions, acquire and exercise property and non-property rights on its own behalf, as well as duties. The Academy may act as a plaintiff or defendant in court.

1.8. The Academy is accredited in accordance with the Law of the Republic of Azerbaijan "On Education", and its scientific entities in accordance with the Law of the Republic of Azerbaijan "On Science".

1.9. The creation and activity of structures of political parties and religious organizations in the Academy are not permitted.

1.10. International relations of the Academy in the field of higher education are carried out in accordance with the Law of the Republic of Azerbaijan "On Education".

1.11. The Academy is located at 18 Zarifa Aliyeva Street, Sabail district, Baku city (legal address).

2. Areas of Activity of the Academy

2.1. The main areas of activity of the Academy are as follows:

2.1.1. training higher education specialists based on full secondary education and secondary specialized education under educational programs for individual specialties at the bachelor's level;
2.1.2. deeper study of any field of specialty for scientific research or professional purposes in specializations at the master's level;
2.1.3. training highly qualified scientific personnel, raising qualifications and academic degrees at the doctoral level;
2.1.4. implementation of secondary specialized and additional education programs;
2.1.5. conducting research in various fields and directions of science.

3. Duties and rights of the Academy

3.1. In accordance with the areas of activity defined by this Charter, the duties of the Academy are as follows:

3.1.1. to participate in the implementation of state policy in the field of higher education;
3.1.2. to ensure that learners acquire necessary knowledge and life skills in accordance with state educational standards;
3.1.3. to satisfy the intellectual, cultural, and spiritual development, as well as educational requirements of each learner;
3.1.4. to organize the educational process at a high level and monitor it;
3.1.5. to use innovative technologies and new teaching methods in the educational process;
3.1.6. to train highly qualified specialists, scientific and scientific-pedagogical personnel in the relevant levels of higher education;
3.1.7. in accordance with its profile, to conduct fundamental, theoretical-methodological, pedagogical-methodical, and applied scientific research in various fields and areas of science, and to prepare scientific-methodical documents;
3.1.8. within its powers, to prepare curriculum documents and other documents related to the organization of the educational process in accordance with state educational standards and educational programmes for individual levels and specialties (specializations);
3.1.9. to organize and carry out the work of scientific, specialized, and dissertation councils;
3.1.10. to ensure international activities and foreign relations of the Academy on issues related to its areas of activity;
3.1.11. taking into account advanced international experience, to ensure the application of scientific and technical achievements on issues related to its areas of activity;
3.1.12. to organize catering, medical, and psychological services in accordance with the Law of the Republic of Azerbaijan "On Education", and to provide psychological assistance in compliance with the requirements of the Law of the Republic of Azerbaijan "On Psychological Care";
3.1.13. to create conditions for every student, parent, or other legal representative to become familiar with the Charter of the Academy and documents on state accreditation;
3.1.14. to take measures for additional education and professional development of the staff of the Academy;
3.1.15. upon detecting signs of administrative offenses and crimes related to issues within its areas of activity, to report relevant information accordingly;
3.1.16. to consider appeals received regarding the activities of the Academy in accordance with the Laws of the Republic of Azerbaijan "On Citizens' Appeals", "On Administrative Proceedings", and "On Right to Obtain Information", and to take measures in the manner prescribed by law;
3.1.17. to ensure informing the public about its activities, creating an official website, posting public information on that website that it possesses and whose list is determined by the Law of the Republic of Azerbaijan "On Right to Obtain Information" to be disclosed, and constantly updating this information;
3.1.18. to ensure efficient and intended use of budget funds, loans, grants, and other financial resources allocated to the Academy;
3.1.19. to take measures to protect state and commercial secrets, as well as the confidentiality regime;
3.1.20. to organize the information support of the Academy and ensure its security;
3.1.21. to take measures to improve the structure and operations of the Academy;
3.1.22. to carry out work towards strengthening and expanding the material-technical and educational base;
3.1.23. to connect to the "Education Centralized Information System" and the "Student-Graduate" state electronic database system;
3.1.24. to organize record-keeping and reception of citizens in accordance with the requirements of relevant normative legal acts;
3.1.25. to issue state educational documents, as well as relevant certificates, in accordance with the Law of the Republic of Azerbaijan "On Education";
3.1.26. to perform other duties arising from the Laws of the Republic of Azerbaijan "On Education" and "On Science", as well as from this Charter.

3.2. In order to perform its duties, the Academy has the following rights:

3.2.1. to provide vocational education in its relevant structural units with the consent of ASCO and the Ministry of Science and Education of the Republic of Azerbaijan (hereinafter – the Ministry);
3.2.2. to organize additional education for citizens in accordance with the Law of the Republic of Azerbaijan "On Education" and this Charter;
3.2.3. to implement international educational programmes in accordance with bilateral and multilateral agreements concluded with higher education institutions of foreign states;
3.2.4. in accordance with the Law of the Republic of Azerbaijan "On Education" and this Charter, to establish branches (in agreement with the Cabinet of Ministers of the Republic of Azerbaijan), offices and representative offices in the Republic of Azerbaijan and in the territory of foreign states, to establish business entities or participate in them, as well as to establish educational unions, associations and federations with public organizations for the purpose of development and improvement of education, as well as to become a member of such organizations;
3.2.5. in accordance with the Law of the Republic of Azerbaijan "On the rules for concluding, executing, and terminating international treaties of the Republic of Azerbaijan" and the specific characteristics of its activities, to establish relations with higher education institutions, organizations of foreign countries, international bodies and foundations, to conclude cooperation agreements and implement other forms of mutual cooperation;
3.2.6. to prepare and publish scientific works, textbooks, study manuals, educational and educational-methodological literature;
3.2.7. to engage in entrepreneurial activity in the manner established by the laws of the Republic of Azerbaijan "On Education" and "On Public Legal Entities";
3.2.8. to organize and provide sports, health, catering, and domestic services for students and staff;
3.2.9. to confer the title of honorary professor (doctor);
3.2.10. to conduct research on issues related to its areas of activity, establish working groups and commissions;
3.2.11. to request necessary information (documents) from state bodies (entities), local self-government bodies, legal entities and individuals, and to receive such information (documents) from them;
3.2.12. to provide opinions and proposals, conduct analyses and generalizations, prepare analytical materials on its areas of activity;
3.2.13. to involve independent experts and specialists in its activities in the manner established by legislation;
3.2.14. to hold conferences, meetings, seminars and organize other events related to issues pertaining to its areas of activity;
3.2.15. to nominate its staff for state awards and other honours, to take measures for their encouragement;
3.2.16. to organize the issuance of relevant certificates for trainings conducted in the field of maritime transport through its subordinate training center;
3.2.17. to exercise other rights arising from the laws of the Republic of Azerbaijan "On Education" and "On Science" and this Charter, as well as established by this Charter.

3.3. Education at the Academy is carried out on a state-funded and (or) fee-paying basis. Educational expenses of persons defined by legislation at the Academy are paid at the expense of state budget funds in the prescribed manner.

3.4. The general requirements for higher education programmes and their implementation are defined by the Cabinet of Ministers of the Republic of Azerbaijan through state educational standards approved for the higher education level.

3.5. Teaching at the Academy is carried out in accordance with educational programmes defining the content and assimilation rules of education at the higher education level and approved by the Ministry.

3.6. Other issues related to the organization of the educational process at the Academy are carried out in accordance with the laws of the Republic of Azerbaijan "On Education" and "On Science", as well as the rules established by the Cabinet of Ministers of the Republic of Azerbaijan and the Ministry arising from those laws.

4. Management of the Academy

4.1. The Academy is managed in accordance with the Laws of the Republic of Azerbaijan "On Education", "On Science", "On Public Legal Entities", and this Charter, based on the principles of openness, transparency, and democracy.

4.2. The powers of the founder of the Academy are as follows:

4.2.1. approval of the Charter of the Academy and determination of the amount of the charter fund, as well as their modification;
4.2.2. creation of governing bodies of the Academy;
4.2.3. appointment and dismissal of the heads (members) of the governing bodies of the Academy, with the exception of the Rector;
4.2.4. determination of development directions, approval of annual financial statements;
4.2.5. approval of the structure of the Academy;
4.2.6. granting consent to the creation of business entities or participation in them, the creation of departments, branches, and representative offices;
4.2.7. granting consent to the conclusion of a transaction exceeding 25 percent of the value of net assets (transaction of major significance), as well as a transaction with related parties to the Academy (when the value of the transaction constitutes 5 percent or more of the assets);
4.2.8. making a decision on transferring the profit of the Academy to the state budget for purposes not provided for in its Charter;
4.2.9. reorganization and liquidation of the Academy.

4.3. Amendments to this Charter shall be discussed at the Academic Council of the Academy and submitted as appropriate to the Cabinet of Ministers of the Republic of Azerbaijan for approval.

4.4. ASCO exercises the powers of the founder in relation to the Academy (with the exception of the appointment or dismissal of the Rector of the Academy, as well as the powers provided for in sub-clauses 4.2.1, 4.2.2, and 4.2.9 of this Charter).

4.5. The supreme governing body of the Academy is the Academic Council. The procedure for the creation, powers, and organization of activities of the Academic Council shall be determined by the relevant regulations approved by the Ministry and this Charter.

4.6. The governing body on strategic development issues of the Academy is the Board of Trustees acting on a public basis. ASCO approves the composition of the Board of Trustees consisting of 5 members. The procedure for the creation, powers, and organization of activities of the Board of Trustees shall be determined by the regulations approved by the Ministry and this Charter.

4.7. A Scientific-Methodological Council is established by the Board of Trustees to carry out the academic and methodological work of the Academy. The procedure for establishing the Scientific-Methodological Council and its powers shall be determined by the regulations approved by the Board of Trustees.

4.8. The current activities of the Academy are managed by the Rector appointed and dismissed by the President of the Republic of Azerbaijan.

4.9. When performing duties in the interests of the Academy, the Rector is obligated to act conscientiously, professionally, and logically, to be loyal to the interests of the Academy, to prioritize its interests over personal ones, to be prudent, to be fair and impartial when making decisions, and to refrain from actions and public statements that could damage their reputation or that of the Academy.

4.10. The procedure for organizing the Rector's activities shall be determined by the regulations approved by the Ministry and this Charter.

4.11. The Rector:

4.11.1. manages the current activities of the Academy and bears personal responsibility for these activities;
4.11.2. represents the Academy in relations with state bodies (entities), local self-government bodies, international organizations, and other legal entities and individuals;
4.11.3. issues internal orders and directives mandatory for execution in connection with the organization of the Academy's activities;
4.11.4. submits proposals and documents (including the financial statements and the annual activity report of the Academy) to ASCO for the exercise of the founder's powers;
4.11.5. approves the payroll fund, staff ceiling, and staffing schedule within the established structure, as well as the cost estimate upon agreement with ASCO;
4.11.6. approves the internal disciplinary rules of the Academy and job descriptions of employees;
4.11.7. makes decisions on the appointment and dismissal of employees of the Academy (with the exception of vice-rectors and internal audit unit staff), heads of its departments, branches, and representative offices, as well as other subordinate entities upon agreement with ASCO, as well as on taking incentive and disciplinary measures against them;
4.11.8. organizes, verifies, and exercises control over the implementation of acts adopted regarding the activity directions of the Academy;
4.11.9. approves the decisions of the Academic Council, implements its decisions and those of other governing bodies;
4.11.10. cancels decisions made by themselves and officials of the Academy that contradict legislation;
4.11.11. reports to the Academic Council on scientific and academic issues, and to the Board of Trustees on the current activities of the Academy;
4.11.12. organizes the payment of official salaries, salary supplements, bonuses, and other payments to Academy employees within the framework of the payroll fund approved by ASCO;
4.11.13. monitors the use of the Academy's property in accordance with the purposes provided for in this Charter, and ensures the efficient and targeted use of funds specified in sub-clause 3.1.18 of the Charter;
4.11.14. conducts transactions on behalf of the Academy within the powers established by this Charter, enters into contracts (including transactions exceeding 25 percent of the net asset value of the Academy (transactions of major significance) and transactions with related parties, the value of which constitutes 5 percent or more, as well as up to 5 percent of the Academy's assets, subject to ASCO's consent) and ensures their execution;
4.11.15. establishes commissions and working groups on issues related to activity directions;
4.11.16. takes necessary measures to protect state secrets, confidentiality regimes, and other legally protected information in activity directions;
4.11.17. ensures clerical management and archival work;
4.11.18. ensures the review of appeals and the reception of citizens;
4.11.19. takes measures regarding the results of external audit inspections as well as other inspections;
4.11.20. resolves issues related to the current activities of the Academy, as well as matters not falling under the scope of powers of other governing bodies;
4.11.21. ensures the implementation of relevant decisions of ASCO regarding the activities of the Academy in accordance with this Charter and compliance with the requirements of its internal documents. 4.12. The Academy has 2 (two) Vice-Rectors. The Vice-Rectors are appointed by ASCO based on the representation of the Rector of the Academy. In the absence of the Rector, leadership of the Academy's activities is carried out by a Vice-Rector determined by ASCO.

4.13. The Academy may also operate in the form of an educational complex and campus. Production, clinical, scientific research, and creative enterprises and organizations corresponding to its profile may be established within the structure of the Academy.

4.14. Positions for scientific-pedagogical (teaching staff, researchers), engineering-technical, administrative, administrative-maintenance, educational-auxiliary, and other staff are envisaged at the Academy. Filling the positions of teaching staff, Dean, and head of department is carried out through elections, while other positions (excluding Vice-Rectors) are filled by appointment in accordance with legislation and relevant internal documents of ASCO, and are formalized by the order of the Rector of the Academy.

4.15. The rights and duties of learners, educators, administrative, administrative-management, administrative-maintenance, and other staff of the Academy are regulated by the Labor Code of the Republic of Azerbaijan, the Laws of the Republic of Azerbaijan "On Education" and "On Science", this Charter, and internal disciplinary rules, as well as, in relation to persons having employment relations with the Academy, simultaneously by employment contracts.

5. Charter fund, property and fundamentals of financial activities of the Academy

5.1. The charter fund of the Academy is 21.750.138 (twenty-one million seven hundred fifty thousand one hundred thirty-eight) manats and is in the form of property. The charter fund is formed from the book value of evaluated assets owned by the Academy in accordance with the procedure established by law.

5.2. The property of the Academy is formed from the charter fund, other property provided to it by the founder, funds allocated from the state budget, income derived from its activities, including funds received from paid education, donations, grants, attracted investments and other funds not prohibited by law.

5.3. Powers in respect of state property on the balance sheet of the Academy shall be exercised in accordance with the procedure established by Decrees of the President of the Republic of Azerbaijan No. 586 dated 6 June 2007 “On Improvement of Protection and Efficient Use of State Property” and No. 827 dated 9 March 2016 “On Amendments to Order of the President of the Republic of Azerbaijan No. 213 dated 10 January 2014 'On Organization of Activities of 'Azerbaijan Caspian Shipping Company' Closed Joint-Stock Company' and Additional Measures for Improving Activities of 'Azerbaijan Caspian Shipping Company' Closed Joint-Stock Company”.

5.4. The Academy shall use the property transferred to it only for the purposes established by its Charter. The use of the property of the Academy for non-educational purposes is prohibited.

5.5. Subject to Clause 5.3 of this Charter, the Academy shall exercise the rights of possession and use over its property independently in accordance with its purposes, and the right of disposition in agreement with ASCO and in accordance with the procedure established by it.

5.6. The Academy is responsible for the maintenance, protection, and efficient use of the property owned and used by it. Control over the activities related to the management of the property of the Academy shall be exercised by ASCO or a person authorized by it.

5.7. The material and technical base and educational infrastructure of the Academy shall comply with the relevant standards established by the Cabinet of Ministers of the Republic of Azerbaijan.

5.8. The Academy is financed from the sources provided for in the Laws of the Republic of Azerbaijan “On Education” and “On Science”.

5.9. The Academy is financed in accordance with the relevant norms established by the Cabinet of Ministers of the Republic of Azerbaijan.

5.10. The Academy does not directly pursue profit-making purposes.

5.11. The Academy may engage in relevant types of entrepreneurial activity established by the Cabinet of Ministers of the Republic of Azerbaijan. For this purpose, the Academy creates economic societies or participates in them with the consent of ASCO.

5.12. The property acquired by the Academy at the expense of funds received from the sources specified in Clause 5.2 of this Charter (excluding budget funds) shall be transferred to its ownership in accordance with the legislation.

5.13. The funds received by the Academy from its activities shall be directed only to the development of education, the development of its material and technical base, the social protection of students and educators, as well as other purposes established by normative legal acts.

5.14. The Academy independently determines the directions for expending the funds received from its activities (subject to Clause 5.13 of this Charter) and provides financial assistance to educators and students.

5.15. The cost of services provided at the Academy at state expense is determined by the financial norms approved by the Cabinet of Ministers of the Republic of Azerbaijan. The prices of paid educational services of the Academy and relevant products (goods, work, services) related to the activity provided for in Clause 5.11 of this Charter are not subject to regulated prices.

6. Form and scope of control over the activities of the Academy

6.1. Control over the activities of the Academy shall be exercised by ASCO, as well as by the governing bodies of the Academy in accordance with the procedure established by its Charter.

6.2. ASCO may conduct planned or unplanned inspections at the Academy and its subordinate entities.

6.3. The annual report on the activities of the Academy shall be submitted to ASCO.

6.4. Other forms of control over the activities of the Academy are established by the Laws of the Republic of Azerbaijan “On Education” and “On Public Legal Entities”.

6.5. The Academy shall ensure the verification of the financial and economic activities of departments, branches, representative offices, and economic societies, as well as other subordinate entities.

6.6. For an independent audit of the activities of the Academy, the Board of Trustees appoints an external auditor and accepts its audit report.

6.7. The Board of Trustees supervises the activities of the internal audit unit of the Academy, receives reports on its activities, and decides on the appointment and dismissal of its members.

7. Accounting and reporting in the Academy

7.1. The Academy maintains accounting records, prepares, submits, and publishes financial statements in accordance with the procedure established for public legal entities by the Law of the Republic of Azerbaijan “On Accounting”.

7.2. The Academy prepares and submits statistical reports in accordance with the Law of the Republic of Azerbaijan “On Official Statistics”.

8. Reorganization and liquidation of the Academy

The reorganization and liquidation of the Academy shall be carried out by the Cabinet of Ministers of the Republic of Azerbaijan in agreement with the President of the Republic of Azerbaijan.