The weakness of the existing material and technical base and lack of a nuclear research reactor in Azerbaijan do not allow for studies to assess the existing capacity of nuclear raw materials in line with modern requirements. The implementation of comprehensive measures in nuclear technology and nuclear energy is of particular importance in ensuring the continued sustainable development of the country.
Taking into account the need to use nuclear technology for peaceful purposes in accordance with modern requirements and national interests, as well as to improve the material and technical base of the sphere of nuclear technology, strengthening the capacity of highly qualified personnel and expansion of researches, and governed by Point 32 of Article 109 of the Constitution of the Republic of Azerbaijan, I hereby resolve as follows:
1. To create National Nuclear Research Center under the Ministry of Communications and High Technologies of the Republic of Azerbaijan Closed Joint Stock Company, whose shares belong to the state.
2. Following government agencies are charged with the exercise of the powers of general meetings in the National Nuclear Research Center Joint Stock Company (hereinafter - Company):
2.1. The Cabinet of Ministers of the Republic of Azerbaijan is:
2.1.1. To approve the Company’s structure, determine the amount of its chartered capital;
2.1.2. Determine the development directions of the Company;
2.1.3. To approve the appointment and dismissal of the heads of subsidiaries and offices, branches and representative offices;
2.1.4. To give consent to the deal on the amount exceeding twenty-five percent of the net assets of the Company (deal of special significance);
2.1.5. To solve other issues related to the powers of the general meeting under Civil Code of the Republic of Azerbaijan, except those noted in this Order.
2.2. Ministry of Communications and High Technologies of the Republic of Azerbaijan is:
2.2.1. To define the number of Company’s employees, establish the wage system and approve the budget;
2.2.2. To approve Company’s annual reports, balance sheets, profit and loss, and distribution of profit and loss;
2.2.3. To create the executive bodies (joint or single), the establishment and termination of their powers;
2.2.4. To appoint and dismiss the head of the executive body of the Company, his deputies, heads of representative offices, branches and subsidiaries;
2.2.5. To appoint and dismiss the vice-chairmen of the Company.
2.3. The State Committee for Property Issues of the Republic of Azerbaijan is:
2.3.1. To give consent to the establishment and abolition of representative offices and branches of the Company, creation, reorganization or abolition of subsidiaries.
3. To define that the appointment and dismissal of the Company’s chairman, reorganization and (or) the abolition of the Company shall be carried out by the President of the Republic of Azerbaijan.
4. The Cabinet of Ministers of Azerbaijan Republic is:
4.1. Within two months
4.1.1. To approve the regulations and structure of the Company by agreement with the President of the Republic of Azerbaijan;
4.1.2. To take measures to provide the Company with building and necessary material and technical base;
4.1.3. To prepare proposals on provision of the Company with nuclear research reactors and other necessary equipment meeting modern requirements and submit to the President of the Republic of Azerbaijan;
4.1.4. Ministry of Communications and High Technologies together with the National Academy of Sciences of Azerbaijan is to define the list of properties to be given from the balance of the Institute of Radiation Problems of Academy of Sciences and ensure their transfer to the Company with the aim of ensuring the Company’s activities;
4.2. To provide the implementation of financing on the formation of the authorized capital of the Company and its keeping at the initial stage through the funds of the state budget of the Republic of Azerbaijan;
4.3. In connection with the establishment of the Company:
4.3.1. To prepare proposals on conforming the acts of the President of the Republic of Azerbaijan to the order within two months and submit them to the President of the Republic of Azerbaijan;
4.3.2. To provide the conforming of the legal acts of the Cabinet of Ministers of Azerbaijan Republic and report to the President of the Republic of Azerbaijan within three months;
4.3.3. To control the conforming of the legal acts of the central executive bodies with the order and report to the President of the Republic of Azerbaijan on its fulfillment within five months;
4.4.To resolve other issues arising from the present order.
5. Ministry of Justice of the Republic of Azerbaijan is to provide the conforming of the legal acts of central executive bodies and in connection with the establishment of the Company and inform the Cabinet of Ministers of Azerbaijan Republic.
6. Ministry of Taxes of Azerbaijan Republic and the State Committee for Property Issues of the Republic of Azerbaijan are to take measures for the state registration of the Company.
7. Ministry of Emergency Situations of the Republic of Azerbaijan is to provide Company’s nuclear and radiation security.
8. National Academy of Sciences of Azerbaijan Republic is to provide Company’s fundamental and practical scientific researches.
Ilham Aliyev
President of the Republic of Azerbaijan
Baku, 8 May 2014.