The Azerbaijan National Conservatory has responded to disinformation recently circulated in some internet resources, based on transparent and objective facts.
We present the statement of Orxan Vəliyev, the head of procurement at the Conservatory, regarding the matter as it is.
Information published in some media resources regarding the contract signed by the Azerbaijan National Conservatory for the service of collection and disposal of solid household waste does not fully reflect the essence of the matter from a legal and factual perspective.
First of all, it should be noted that the service in question is not an ordinary service provided under general market principles. According to the Decree of the President of the Republic of Azerbaijan No. 2983 dated August 6, 2008, the collection, transportation, and handover of all solid household waste in Baku to the “Tamiz Shahar” Open Joint Stock Company, regardless of the source of origin, has been entrusted to the Baku City Executive Power.
This situation was clearly stated in the letter dated 04.02.2026, No. 3-54/2-1327/2026, addressed to the Azerbaijan National Conservatory by the State Service for Antimonopoly and Consumer Market Control under the Ministry of Economy of the Republic of Azerbaijan. It was also noted that the “Communal Services Enterprise” LLC was established under the Baku City Housing and Communal Services Department for the provision of these services, and the implementation of these services is organized in accordance with the requirements of relevant normative legal acts. The letter further emphasizes that the services for the transportation and disposal of household waste are carried out in accordance with the rules approved by the Decision of the Cabinet of Ministers of the Republic of Azerbaijan No. 74 dated April 21, 2005, and the tariffs for these services are determined by the Decision of the Tariff (Price) Council No. 5 dated November 24, 2011. Therefore, it was considered appropriate to carry out the procurement of these services in accordance with the requirements of the mentioned normative legal documents.
This legal situation is also consistent with Article 3 of the Law of the Republic of Azerbaijan “On Public Procurement,” which defines the scope of application of the Law. According to this article, the Law of the Republic of Azerbaijan “On Public Procurement” does not apply to the procurement of goods, works, or services provided only by a state body or a natural monopoly entity whose prices are regulated by the state.
Thus, the current approach to the issue as “an ordinary tender was held and an enterprise with tax debts was declared the winner” is not legally correct. Because this involves a centralized communal service organized under a special procedure, and the relations regarding this service differ from the classic application of the general procurement mechanism.
In addition, despite the fact that the law does not directly apply, the Azerbaijan National Conservatory has investigated the matter with maximum attention and responsibility and requested the relevant documents from the other party. Among the submitted documents was a certificate issued by the tax authority. That certificate clearly reflected that the “Communal Services Enterprise” Limited Liability Company had no overdue obligations for taxes and other mandatory payments, i.e., the “no debt” note was present. In other words, when making the decision, the procuring organization relied on the official documents submitted, not on assumptions later put forward in the media.
It is not excluded that the information about the tax debt cited in the media arose later. Since the first quarter of 2026 has currently ended, relevant reports are being submitted to the tax service by taxpayers, and as a result, tax obligations are calculated in accordance with the legislation. From this point of view, comparing the official certificate submitted on the date the contract was signed with information appearing in an electronic information resource at a later date without attributing them to the same time period does not lead to a correct legal conclusion. In other words, while the official certificate showed no debt on the date the contract was signed, the emergence of an obligation as a result of the subsequent submission of reports is legally possible, and this does not in itself make the decision taken at the previous stage illegal.
Another important point is that the Azerbaijan National Conservatory, remaining committed to the principles of transparency and openness, published this contract on the electronic portal even though the Law “On Public Procurement” does not directly apply to it according to Article 3.2.1 of the Law. This approach shows that the institution has no intention of hiding any information; on the contrary, it organizes its activities in an open and accountable manner. The actual adherence to the principles of transparency and openness provided for in Article 4.1 of the Law finds its expression precisely here.
Furthermore, according to Article 14.1.11 of the Law of the Republic of Azerbaijan “On Media,” facts and events must be presented impartially and objectively, and according to Article 14.1.11-1, the publication or dissemination of false information should not be allowed. Articles 14.1.7 and 14.1.9 of the same Law also require that the tarnishing of a person’s business reputation, slander, and insults be avoided. From this point of view, presenting the matter unilaterally as a “violation of the law” without taking into account the legal essence of the matter, the applied special normative base, the official position of the authorized state body, and the official documents submitted during the procurement cannot be considered a correct approach.
Consequently, the contract signed by the Azerbaijan National Conservatory for the service of collection and disposal of solid household waste was carried out based on existing legislation, relevant special normative acts, the official explanation of the authorized state body, and the submitted official documents. The certificate submitted at the time of signing the contract indicated that the other party had no overdue debts for taxes and other mandatory payments; in addition, the Azerbaijan National Conservatory demonstrated additional transparency by publishing that contract on the electronic portal. Therefore, the circulated allegations are devoid of legal and factual basis, do not fully reflect the essence of the matter, and form a false perception in the public.
Azərbaycan Milli Konservatoriyasının
Satınalma rəhbəri Orxan Vəliyev.