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“Proposed Changes to Gift Regulations Stir Controversy in State Registration Committee’s Session on December 22, 2023 – ‘Official Gazette’ Reports”

The Committee for State Registration of Corporations is proposing changes and additions to be made in the session of December 22, 2023, according to Decision No. 01-N. These changes aim to introduce amendments and updates to various regulations and legislation pertaining to the provision of gifts by individuals or employees holding public positions or working in public institutions. Previously, non-declared gifts and materials provided free of charge for official use were permitted under the Law “On Public Service”. The provision of state-issued clothing has now been included in the list of acceptable gifts for non-declared gifts as per the regulations established by the Prime Minister’s decree.

It is important to note that gifts related to agricultural and state-owned activities are exempted from the range of non-declared gifts and are already subject to declaration. However, these recent changes have resulted in a contradiction between the regulations and the law regarding the declaration of gifts. According to the Law “On Public Administration”, the provision of state-owned property as compensation permits issued by various high-ranking officials is subject to declaration.

Prior to the implementation of this regulation, the provision of gifts by individuals or employees holding public positions or working in public institutions was only considered a gift if received by the individual or employee holding the position of a state official or a public servant. The Law “On State Property Management” further clarifies that gifts related to animals or determined by the management of state-owned property are exempted from the requirements of storage or use of property.

If it is not possible to obtain expert advice on the acceptability of a gift within a certain time frame, it is necessary to seek approval from the head of the relevant authority or another authorized person. If obtaining expert opinion becomes impossible, the provision of the gift should not be considered satisfactory. For further information, refer to today’s issue of the newspaper “Official Gazette”.