AZERBAIJANI CONSTITUTION

 

FIRST CHAPTER.  GENERAL PROVISIONS.

 

Section I.  People=s Power.

 

Article 1.  Source of Power.

        The Azerbaijan people shall be the sole source of state power in the Azerbaijan

Republic. 

        The Azerbaijan people shall include citizens of the Azerbaijan Republic which

live in the territory of the Azerbaijan Republic or outside the country and which obey the

Azerbaijan State and its Laws.  This shall not  exclude norms defined by the International

Law.

 

Article 2.  People=s Sovereignty.

        The Azerbijan people shall have the sovereign right to freely and independently

decide their fate and to establish the forms of its own governance. 

        The Azerbaijan people shall implement their sovereign right via universal

elections ‑ referendum and via their representatives elected on the basis of universal, 

direct and equal elections by secret and individual ballot.

 

Article 3.  Issues solved via universal elections ‑ referendum.

        The Azerbaijan people can settle every issue connected with their rights

and interests via referendum.

        The below‑mentioned issues can be solved solely via referendum: 

        1)  The adoption of the Azerbaijan Republic Constitution and introducing

changes into it;

        2)  The change of State Borders of the Azerbaijan Republic.    

 

Article 4.  Right to Represent People. 

        Nobody except authoritative representatives elected by the people shall have the

right to represent,  speak for and address on behalf of the people.

 

Article 5.  Unity of People.

        The Azerbaijan people shall be united. 

        The Azerbaijan people=s unity shall set up the foundation of the Azerbaijan state.   

The Azerbaijan Republic shall be wholly and indivisibly Homeland for all the citizens of

the Azerbaijan Republic. 

 

Article 6.  Banning of Power Usurpation.

        No part of the Azerbaijan people,  either an individual,  or a social group or an

organization shall have the right to usurp the authority of the Azerbaijan people to

exercise the power.

        Power usurpation shall be the most serious crime directed against the people.

 


Section II.  Fundamentals of the State.

 

Article 7.  Azerbaijan State.

        The Azerbaijan State shall be a democratic,  secular,  unitary republic.

        The Azerbaijan Republic sovereign power in internal issues shall be confined to

legal rules,  while in international matters it shall be restricted to solely international

agreements.

        State power in the Azerbaijan Republic shall be based on the principle of division

of powers:

        Legislative power shall be implemented by the Parliament ‑ Milli Mejlis of the

Azerbaijan Republic.

        Executive power shall be vested in a President of the Azerbaijan Republic.

        Judicial power shall be administered by courts.

        According to the Constitutional Provisions Executive,  Legislative and Judicial

powers shall jointly co‑operate and be independent within the framework of their

authority.

 

Article 8.  Head of Azerbaijan State.

        President shall be the head of the Azerbaijan Republic.  He shall represent the

Azerbaijan state in home and foreign policies. 

         President of the Azerbaijan Republic shall embody the unity of the Azerbaijan

people and shall ensure the continuity of the Azerbaijan state. 

        President of the Azerbaijan Republic shall guarantee independence,  territorial

integrity and fulfillment of international Agreements to which the Azerbaijan Republic is

a party.

        President of the Azerbaijan Republic shall ensure independence of Judicial power.

 

Article 9. Armed Forces.

        The Azerbaijan Republic shall build its Armed Forces and formations to ensure

irs security and protection.

        The Azerbaijan Republic shall reject a war as a means of encroaching on other

States= independence and settling international conflicts.

         President of the Azerbaijan Republic shall be Commander in Chief of the Armed

Forces.

 

Article 10. Main Principles of Foreign Policy.

 

Article 11.  Territory. 

        The territory of the Azerbaijan Republic shall be united,  inviolable and

indivisible.  The Azerbaijan Republic territory shall include the Azerbaijan Republic

inner waters,  the Caspian Sea (Lake) sector relating to the Azerbaijan Republic,  air

space over the Azerbaijan Republic. 

        The territory of the Azerbaijan Republic may not be torn away.  The Azerbaijan

Republic shall  not yield its territory,  or part of it,  in any form, to anyone;   borders can

be specified only by the Decree of the Parliament on the basis of the will of the


Azerbaijan people.

 

Article 12.  Supreme Aim of State.

        Supreme Aim of the State shall be to ensure human and civil rights and freedoms.

        The human and civil rights and freedoms enumerated in this Constitution shall be

exercised in accordance with international Agreements to which the Azerbaijan Republic

is a party.

 

Article 13.  Property.

        The property in the Azerbaijan Republic shall be inviolable and protected by the

State. 

        The property can have the form of State property,  private property and municipal

property. 

        The property shall not be used against human and civil rights and freedoms, 

against interests of the society and State,  against human dignity.

 

Article 14.  Natural Resources.

        Natural resources shall belong to the Azerbaijan Republic,  without damage to the

rights and interests of any physical or juridical person.

 

Article 15.  Economic Development and State.

        The development of economy in the Azerbaijan Republic based on various forms

of property shall ensure the improvement of the people=s well‑being.

        The Azerbaijan State shall create conditions for the development of economy

based on market relations,  shall guarantee free enterprise ,  shall bar the way to

monopolization and unfair competition in economic relations.

 

Article 16.  Social Development and State. 

        The Azerbaijan Republic shall ensure the improvement of the well‑being of the

people and every citizen,  their social protection and normal living standard. 

        The Azerbaijan Republic shall promote the development of culture,  education, 

medical care, science,  art,  shall protect the nature of the country,  historical,  material

and spiritual values of the people. 

 

Article 17.  Family and State.

        The family as the foundation of society shall be under special protection of the

State.

        To take care of the children and their upbringing shall be the obligation of the

parents.  The state shall see to it that this obligation be fulfilled.

 

Article 18.  Religion and State.

        Religion shall be separated from the State in the Azerbaijan Republic.  All

religions shall be equal by law.

        The spread and propaganda of religions which humiliate human dignity and

contradict the principles of humanity shall be banned. 


        The State education system shall be of secular character.

 

Article 19.  Monetary Unit.

        Manat shall be the monetary unit of the Azerbaijan Republic. 

        The National Bank of the Azerbaijan Republic is the exclusive property of the

state.  The National Bank shall have the sole legal right to issue notes or to take them out

of circulation.  Usage of any other currency besides manat as a means of payment in the

territory of the Azerbaijan Republic shall be prohibited. 

 

Article 20.  Restriction of State Loans.

        The Azerbaijan Republic shall not bear responsibility and pay loans aimed at

supporting mutiny or coup d=etat against the Azerbaijan State.

 

Article 21.  State Language.

        The Azerbaijan language shall be the State language of the Azerbaijan Republic. 

The Azerbaijan Republic shall ensure the development of the Azerbaijan language.

        The Azerbaijan Republic shall guarantee the free use and development of other

languages spoken by the population.

 

Article 22.  Capital.

        Baku shall be the capital of the Azerbaijan Republic.

 

Article 23.  Azerbaijan State Symbols.

        State symbols of the Azerbaijan Republic shall be:  the Azerbaijan Republic Flag. 

the Azerbaijan Republic Emblem,  the Azerbaijan Republic National Anthem.

        The Flag of the Azerbaijan Republic shall consist of three wide stripes.  The upper

stripe shall be of blue colour,  the middle stripe shall be red and the lower one shall be

green.  There shall be a white crescent and eightpointed star in the middle of the red stripe

on both sides of the Flag.  The proportion of the width to the length shall be 1 by 2.

        The design of the Azerbaijan Republic Flag and the Azerbaijan Republic State

Emblem,  the music and the text of the Azerbaijan Republic National Anthem shall be

defined by the Constitutional Law.

 

Second Chapter.  Major Rights, Freedoms and Responsibilities.

 

Section III.  Principal Human and Civil Rights and Freedoms.

 

Article 24.  Main Principles of Human and Civil Rights and Freedoms.

        Every Citizen from the birth shall enjoy inviolable,  undeniable and inalienable

rights and freedoms.  Rights and Freedoms shall also include Commitments to the

Society and other Individuals.

 

Article 25.  Right to Equality.

        Every Person shall be equal to the Law and Court.

        Men and Women shall have equal Rights and Freedoms.


        Every Person shall have equal Rights and Freedoms irrespective of race, 

nationality,  religion,  sex,  origin,  property status,  social position,  convictions,  political

party,  trade union organization and social unity affiliation. Limitations or recognition of

Rights and Freedoms because of race,  nationality,  social status, language origin, 

convictions and religion  shall be prohibited. 

 

Article 26.  Protection of Human and Civic Rights and Freedoms.

        Every Person shall be authorized  to defend his/her human Rights and Freedoms

by accepted means. 

        The State shall ensure the protection of human Rights and Freedoms.

 

Article 27.  Right to Live.

        Everyone  shall have the right to Live. 

        Every citizen >s right to Live shall be inviolable with the exception of cases when

as a result of the armed attack an enemy soldier is killed,  capital punishment is executed

according to the court=s decision and other cases specified by Law.

        Capital punishment as an extreme measure of punishment  while it is still in force

can be applied to an individual for commiting a grave crime against the State and

different Persons.

        Use of weapon against a human being shall be authorized in specified by Law

cases of required defence,  urgency,  capture and detention of a criminal,  prevention of a

convict=s escape from places of confinement, prevention of a revolt or a coup against the

State ,  fulfillment of the order given by the authoritative official during the emergency

situation and martial law,  armed attack on the country.

 

Article 28.  Right to Freedom.

        Everybody shall have the right to Freedom.

        The right to Freedom shall only be limited by detention, arrest or imprisonment

via procedures stipulated by Law.

        Legally anybody in the territory of the Azerbaijan Republic shall be able to freely

move and choose place of domicile for himself/herself and to travel outside Azerbaijan.

         A citizen of the Azerbaijan Republic shall have the right to come back to his/her

country unhampered.

 

Article 29.  Right to Property.

        Every Person shall have the right to Property. 

        No form or kind of property shall have any advantage.  The Property right, 

including the private property right,  shall be protected by Law. 

        Every individual may posess movable and immovable Property.  The Property

right shall consist of the owner=s right to possess, use and dispose the Property, 

individually or jointly. 

        No one shall be dispossessed without the decision of court.  The Property shall not

be totally expropiated.  The alienation of the Property for the State needs or social needs

shall be allowed only upon preliminary fair reimbursement of its value. 

        The State shall secure the succession right.


Article 30.   Right to Intellectual Property.

        Every Person shall have the right to Intellectual Property.

        Copyright,  inventive right and other forms of intellectual property shall be

guaranteed by the State.

 

Article 31.   Secure Life.

        Every Person shall have the right to Secure Life. 

        With the exception of cases specified by Law,  infringement upon Person=s life, 

his/her physical and mental health,  property,  residence,  use of force against him/her

shall be prohibited. 

 

Article 32.  Personal Immunity.

        Everyone shall have the right to Personal Inviolability.

        Everybody shall have the right to preserve personal and family secreets.  Except

cases specified by Law interference into a Person=s life shall not be authorized.

        Collecting,  preserving,  using and spreading information relating to a Person=s

life without consent shall not be permitted.

        The State shall ensure everybody=s right to keep secrets of correspondence,  mail, 

telegraph and other postal services.  This right may be limited in order to prevent a crime

or while investigating a criminal case exercised in accordance with procedures specified

by Law.

 

Article 33.  Inviolability of Residence.

        Every Person shall have the right to the Residence Inviolability. 

        With the exception of cases specified by Law or Court no one shall be authorized

to enter the Apartment against the will of the Resident. 

 

Article 34.  Right to Marriage.

        Everybody shall have the right to Marriage upon reaching the age specified by

Law.

        Marriage shall be contracted on the basis of voluntary consent.  No one shall be

forced to marry. 

        Family and Marriage shall be under protection of the State.  Mothers,  fathers, 

childern shall be protected by Law.  The State shall render assistance to large families. 

        Husband and Wife shall have equal rights.  Parents shall have both the right and

the obligation to take care of Children and to raise them. 

        Children shall have the obligation to take care of their Parents.  Able‑bodied

Children upon reaching the age of 18 shall have the right to support their invalid Parents.

 

Article 35.  Right to Labour.

        Labour shall be the basis of individual and social well‑being.

        Every Person depending on working skills shall have the right to freely choose

kind of activity,  qualification,  position and area of employment .   

        No one shall be forced to work.

        Labour contracts shall be freely signed.  No one shall be forced to sign contracts.


        Enlisting people to hard labour,  forcing them to labour in connection with the

Decrees issued by authoritative officials when in active service ,  forcing people to fulfil

required work during state of emergency and martial law shall be authorized taking into

consideration conditions and terms of Court Decision.

        Every Person shall have the right to work under safe and healthy conditions,  to

get without distinction no less than fixed by the State minimum salary for fulfilled labour. 

        Unemployed shall have the right to get social benefits from the State.

        The State shall do everything in its power to eradicate unemployment. 

 

Article 36.  Right to Strike.

        Every Person shall have the right to Strike either alone or together with others . 

The right to Strike of people working on Contract basis can be limited only in cases

spesified by Law. Military and civil Persons serving in the Armed Forces and other

armed formations of the Azerbaijan Republic shall not go on Strike.

        Individual and group labour disputes shall be settled in order stipulated by Law.

 

Article 37.  Right to Rest.

        Every Person shall have the right to Rest.

        The people working on contract basis with maximum 8‑hour working day  shall

be guaranteed rest and holiday days,  at least 21‑day paid annual leave. 

 

Article 38.  Right to Social Security.

        Every Person shall have the right to Social Security. 

        It shall be the obligation of the family members in the first place to render

assistance to those people in their family who need it.

        Every Person shall have the right to Social Security in old age,  sickness as

stipulated by Law,  disability,  when losing work ability or the breadwinner of the family, 

when unemployed and in other cases specified by Law. 

        Minimum extent of pensions and social benefits shall be defined by Law.

        The State shall create possibilities for developing charity work, voluntary social

insurance, and other forms of social security and shall do all the best to promote their

development.

 

Article 39.  Right to Live in Healthy Environment.

        Every Person shall have the right to live in healthy environment.  Everybody shall

have the right to collect information on environmental situation and to get compensation

for damage rendered to the health and property due to the violation of ecological rights.

 

Article 40.  Right to Culture.

        Every Person shall have the right to participate in cultural life,  make use of

cultural institutions and cultural wealth.

        Every Person shall treat with respect historical,  cultural and spiritual values,

preserve them and protect cultural monuments.

 

 


Article 41.  Right to Health Protection. 

        Every Person shall have the right to Health Protection and Medical Aid. 

        The State acting on the basis of various forms of property shall implement

necessary measures to promote the development of all aspects of health services,  ensure

the sanitary‑epidemiological security,  create various forms of medical insurance.

        Authoritative Persons shall be made answerable for concealing the facts and cases

that create danger to life and health of people.

 

Article 42.  Right to Education.

        Every Person shall have the right to get an Education

        The State shall guarantee the right to get compulsory secondary education free. 

        Control shall be exercized on the part of the State.

        Irrespective of financial position the State shall guarantee that talented and

merited Persons continue their education. 

        The State shall set up minimum educational standarts.

 

Article 43.  Right to Residence.

        No one shall be deprived of his/her residence.

        The State shall give loans for the construction of houses and blocks of apartments, 

shall take measures in order to implement Residence right.

 

Article 44.   National and Ethnic Identity.

        Every Person shall have the right to preserve national/ethnic identity.

        No one can be deprived of the right to change naional/ethnic identity.

 

Article 45.  Right to Use Mother Tongue.

        Every Person shall have the right to use Mother Tongue.  Everyone shall have the

right to be raised and get an education,  be engaged in creative activities in Mother

Tongue. 

        No one can be deprived of the right to use Mother Tongue. 

 

Article 46.  Protection of Honor and Dignity.

        Everybody shall have the right to protect his/her Honor and Dignity.

        The State shall protect personal dignity.  Nothing can justify humiliation of

personal dignity. 

        Nobody can be tortured or tormented,  nobody shall suffer a treatment or

punishment humiliating human dignity.  Nobody shall be experimented upon ‑ medically, 

scientifically or in any other way ‑ without his/her volunteer consent.

 

Article 47.  Freedom of Thought and Speech.

        Every Person shall have the freedom of Thought and Speech.

        Nobody shall be forced to identify or refuse his/her ideas and principles.

        Propaganda inciting racial,  ethnic or religious animosity or hostility shall be

banned.

 


Article 48.  Freedom of Consciousness.

        Every Person shall have the right to freedom of Consciousness and Religion. 

        Everybody shall have the right to independently define his/her attitude towards

Religion,  to profess Religion alone or together with others,  or to profess no Religion at

all,  to express and spread convictions. 

        Free conduct of religious rites if it doesn=t violate public order or public morality

shall be authorized. 

        Violation of the freedom of Religion and self‑expression shall not be justified.

 

Article 49.  Freedom of Gatherings.

        Every Person shall have the right to freely gather with others.

        Everybody shall have the right, upon notification of corresponding government

bodies in advance, to peaceful,  unarmed gatherings,  meetings,  demonstrtions,  rallies, 

street processions,  pickets together with others.

 

Article 50.  Freedom of Information.

        Every Person shall have the right to legally seek,  get,  pass,  prepare and spread

information.

        Freedom of mass media shall be ensured.  State censorship in mass media, 

including print media,  shall be forbidden. 

 

Article 51.  Freedom of Creative Work.

        Every Person shall have the freedom of Creative Work.

        The State shall ensure the realization of belles‑lettres fiction,  scientific‑technical

and other forms of creative work.      

 

Article 52.  Right to Citizenship.

        A Person having political and judicial relation to the Azerbaijan Republic as well

as mutual rights and obligations shall be a Citizen of the Azerbaijan Republic.  A Person

born a Citizen of the Azerbaijan Republic shall be a Citizen of the Azerbaijan Republic. 

A Person whose one parent is a Citizen of the Azerbaijan Republic shall be a citizen of

the Azerbaijan Republic.

 

Article 53.  Guarantee of the Citizenship Right.

        A Citizen of the Azerbaijan Republic can under no circumstances be deprived of

his/her citizenship of the Azerbaijan Republic.

        A Citizen of the Azerbaijan Republic can under no circumstances be driven away

from the Azeerbaijan Republic or extradited to a foreign State.

        The Azerbaijan Republic shall ensure the legal defence of Citizens of the

Azerbaijan Republic who reside temporarily or permamently in abroad and shall protect

them.

 

Article 54.  Right to Participate in Political Life of Society and  State.

        Citizens of the Azerbaijan Republic shall have the right to participate without

hindrance in the political life of the society and the state.


        Every Citizen of the Azerbaijan Republic shall have the right to independently

show resistance to the attempt of.a mutiny against the State or forced change of the

constitutional order

 

Article 55.  Right to Participate in the State Governing.

        Citizens of the Azerbaijan Republic shall have the right to participate in the 

Government.  They can implement this right directly or via their representatives. 

        Citizens of the Azerbaijan Republic shall have the right to serve in government

bodies.  Officials to government bodies shall be appointed from Citizens of the

Azerbaijan Republic.  Foreign Citizens and Persons without citizenship can be taken to

Government service in the order specified by Law.

 

Article 56.  Election Right.

        Citizens of the Azerbaijan Republic shall have the right to elect and be elected to

the government bodies,  and to participate in referendums. 

        Persons whose incapacity has been determined by the court shall not have the

right to participate in the elections as well as in the referendum.

        Professional military persons,  judges,  government officials,  persons sentenced

to imprisonment according to court=s decision brought into effect,  religious  people and

other people mentioned in the present Constitution and Laws shall be limited in their

right to participate in elections.

 

Article 57.  Right to Address.

        Citizens of the Azerbaijan Republic shall have the right to personal Address as

well as the right to send individual and collective written petitions to government bodies. 

Response to each Address must be given within the order and terms specified by Law.

        Citizens of the Azerbaijan Republic shall have the right to criticize the activity of

government bodies,  their officials,  political parties,  trade unions,  other public  unions, 

and individuals.  Persecution for the critics shall be banned.  Insult and slander cannot be

considered critics. 

 

Article 58.  Right to Unification.

        Every Person shall have the right to unite freely with others.  Every Person shall

have the right to set up any organization,  as well as a political party,  trade union and any

other public amalgamations,  or to enter an already existing union.  Independent

performing of all unions shall be guaranteed.

        No one can be enforced to enter a union or to remain its member.

        The activity of unions which pursue the aim of overthrowing the legitimate State

power in the whole territory of the Azerbaijan Republic or in any part of it shall be

banned.  The occupation of unions which violate the Constitution and laws can be

stopped solely in the order specified by court.

 

Article 59.  Right to Freedom of Enterprise.

        Every Person shall have the right using,  his/her possibilities,  abilities and

property,  to be independently or jointly with others engaged in business activity or in any


other kind of economic activity authorized by Law. 

 

Article 60.  Judicial Guarantee of Rights and Freedoms.

        Rights and freedoms of every Person shall be guaranteed in a court. 

        Every Person can complain in the court of actions ( or inactions) of State bodies, 

political parties,  trade unions,  other public unions and officials.

 

Article 61. Right to Get Legal Help.

        Rights and freedoms of every Person shall be guaranteed in a court. 

        Every Person can complain in the court of actions ( or inactions) of State bodies, 

political parties,  trade unions,  other public unions and officials.

 

Article 62.  Banning of Changes in Court Jurisdiction. 

        Every Person shall have the right to have his/her case considered in a specified by

Law court.  Consideration of the case in another court without the Person=s consent shall

be prohibited.

 

Article 63.  Presumption of Innocence.

        Every Person shall have the right to the Presumption of Innocence.  Every Person

who is charged with a crime shall be considered innocent until he/she is pleaded guilty in

the order specified by Law,  and a verdict passed by the court has come into effect.  In

case there are gounded suspicions concerning a Person=s guilt,  it shall not be permitted to

bring in a verdict of guilty with respect to the Person.

        A Person who is charged with a crime shall not be obliged to prove his/her

innocence. 

        Evidence obtained via violating the Law cannot be used when exercizing justice.

        No one can be found guilty of commiting a crime without the verdict passed by

the court.

 

Article 64.  Banning of Repeated Conviction for the Same Crime.

        No one shall be convicted repeatedly for the same crime.

 

Article 65.  Right of Repeated Appeal to Court.

        Every Person shall have the right to appeal to higher court on reconsideration of

the verdict passed with respect to him/her in the order specified by Law as well as appeal

for pardon and mitigating the punishment.

 

Article 66.  Banning of Forced Testifying Against Relatives.

        No one can be forced to testify against himself/herself,  wife(husband),  children, 

parents,  brother,  sister.  A complete list of relatives against whom testifying is not

imperative shall be determined by Law.

 

Article 67.  Rights of the Detained,  Arrested,  and Charged with Committing

a Crime.

        Every Person who has been detained,  arrested,  charged with a crime on the part


of authoritative State bodies must be given immediate explanation of his/her rights and

the reason for being arrested and sued to court.

 

Article 68.   Right to Demand Compensation for Damage.

        The rights of a Person who has been a victim of a crime and abuse of power shall

be protected by the State.  A victim shall have the right to participate in court

examination and to demand compensation for damage rendered to him/her.

        Every Person shall have the right to get a compensation from the State for the

damage rendered to him/her as a result of illegal actions or inaction of government bodies

or their officials. 

 

Article 69.  Rights of Foreign Citizens and Persons without Citizenship.

        Foreign citizens and Persons without citizenship when in the Azerbaijan Republic

can enjoy all rights and freedoms and shall fulfil all the obligations together with citizens

of the Azerbaijan Republic,  if  they(the latters) do not contradict the Law or International

Agreement to which the Azerbaijan Republic is a party.

        Rights and freedoms of foreign citizens and people without citizenship residing

permamently or temporarily in the territory of the Azerbaijan Republic can be restricted

only in accordance with the international legal norms and laws of the Azerbaijan

Republic.

 

Article 70.  Right to Political Asylum.

        According to the universal international legal norms the Azerbaijan Republic shall

grant political asylum to foreign citizens and persons without citizenship.

        Extradition to another State of  Persons persecuted for their political convictions

and deeds which are not considered crimes in the Azerbaijan Republic shall not be

authorized.

 

Article 71.  Protection of Human and Civil Rights and Freedoms. 

        Executive,  Legislative and Judicial powers shall observe and protect human

rights and freedoms fixed in the Constitution.

        No one shall stop the implementation of human rights and freedoms.

        It is only on declaration of war,  martial law and emergency situation,  as well as

mobilization that implementation of human rights and freedoms can be partially and

temporarily stopped taking into consideration international obligations of the Azerbaijan

Republic.  The population shall  be notified in advance on the temporary freezing up of

human rights and freedoms implementation. 

        No Person shall be compelled to make public religious and other convictions and

thoughts and be persecuted for them.

        None of the Provisions of the Constitution shall be interpreted as the ones directed

at the Abolishment of human rights and freedoms.

        Human rights and freedoms shall be immediately in force in the territory of the

Azerbaijan Republic.

        Disputes in relation to Human Rights and Freedoms shall be solved in court.

        No one can answer for the deed which at the time of being committed wasn=t


considered a violation of Law.  If after violating the Law the new Law has removed or

mitigated the responsibility for such actions the new Law shall be applied in that case.

       

Section IV.  Principal Obligations of Citizens.

 

Article 72.  Principal Obligations of Citizens.

        Every Person shall bear responsibilities to the State and the society, which directly

arise from his rights and freedoms. 

        Every Person must observe the Constitution and the Laws of the Azerbaijan

Republic, respect rights and freedoms of other people, execute determined by Law other

responsibilities.  Ignorance of the Law shall not relieve a Person of his/her responsibility. 

 

Article 73.  Taxes and other State Duties.

        Every Person shall have a responsibility to pay imposed by the Law taxes and

other State dues in full volume and without delay.

        A Person cannot be forced to pay taxes and other State dues over and above the 

volume determined by the Law and if there are no specified by the Law reasons.

 

Article 74.   Loyalty to Homeland.

        Loyalty to Homeland shall be sacred.

        Persons employed via election or appointment in Legislative, Executive and

Judicial bodies shall bear responsibility for proper and accurate implementation of their

obligations and in cases specified by the Law take an oath.  A Person holding a position

via election or appointment in Legislative,  Executive and Judicial bodies, who has taken

the oath of allegiance to the Constitution of the Azerbaijan Republic, shall be considered

to have resigned from holding position and cannot hold this position any more, if he/she

is charged with the crime against the independence of the Azerbaijan Republic, its

constitutional order, mutiny against the State or overthrow of the government and if the

Person is convicted on the basis of this charge. 

 

Article 75.  Respect For State Symbols.

        Every citizen must respect State Symbols of the Azerbaijan Republic ‑ its Flag,

Emblem and National Anthem.

 

Article 76.  Defence of Homeland.

        Defence of Homeland shall be the duty of every citizen.  Citizens shall serve in

the armed forces according to the order specified by the Law. 

        If serving in the armed forces runs counter to a Person=s convictions then active

military service can be replaced by an alternative one in the cases specified by the Law. 

 

Article 77.   Protection of Historical and Cultural Monuments. 

        To protect historical and cultural monuments shall be the duty of every Person.

 

Article 78.  Environmental Protection.

        Protection of Environment shall be the duty of every Person.


Article 79.   Prohibition To Execute Responsibilities Contracdicting The

Law.

        A Person cannot be compelled to execute responsibilities contradicting the

Constitution and the Laws of the Azerbaijan Republic.

 

Article 80.  Answerability.

        Violation of the present Constitution and the Laws of the Azerbaijan Republic as

well as abuse of rights and freedoms and failure to fulfill responsibilities, specified by the

present Constitution and the Laws of the Azerbaijan Republic shall entail answerability

determined by the Law.

 

THE THIRD PART.  STATE POWER.

         

Section V.  Legislative Power.

 

Article 81.  Execution of Legislative Power. 

        The Legislative power shall be executed by the Milli Mejlis of the Azerbaijan

Republic of the Azerbaijan Republic.

 

Article 82.  Quantitative Composition of Milli Mejlis of Azerbaijan Republic.

        The Milli Mejlis of the Azerbaijan Republic shall consist of 125 Deputies.

 

Article 83.  Principles of Azerbaijan Republic Milli Mejlis Elections.

        Deputies of Milli Mejlis of the Azerbaijan Republic shall be elected on the basis

of majority and proportionate election systems and universal,  equal,  direct elections by

free,  individual and secret ballot.

 

Article 84.  Term of Office for Members of Milli Mejlis of Azerbaijan

Republic.

        The term of office of the Milli Mejlis of the Azerbaijan Republic shall be 5 (five)

years.

        Elections of the Milli Mejlis members shall be held every five years on the first

Sunday of  November.

        The term of office for the members of the Milli Mejlis of the Azerbaijan Republic

shall be limited by the term of office of the Milli Mejlis of the Azerbaijan Republic.

        If the new elections are held to replace the Deputies,  that have quit the Milli

Mejlis membership,  with the new ones, the term of office of the newly elected Deputy

shall be limited to the term of office of the Milli Mejlis of the Azerbaijan Republic. 

 

Article 85.  Requirements to Candidates to Deputies of Milli Mejlis of the

Azerbaijan Republic.

        Every citizen of the Azerbaijan Republic who has reached the age of 25 can be

elected a Deputy ‑ member of the Milli Mejlis of the Azerbaijan Republic in the order

determined by the Law. 

        Persons who have dual citizenship, are in State service in other countries, work in


Executive or Judicial bodies, Persons engaged in a different paid activity with the

exception of scientific, creative and teaching work, ministers of religion, Persons whose

inactivity has been confirmed by court, Persons who serve their sentence in places of

confinement by the court=s verdict cannot be elected Deputies.   

 

Article 86.  Check up and Confirmation of Election Results.

        The correctness of the results of the elections shall be checked and confirmed by

the Constitutional Court of the Azerbaijan Republic. 

 

Article 87.  Expiration of Term of Office.     

        The term of office of the members of the Milli Mejlis of the Azerbaijan Republic

shall expire on the day of the first sitting of the newly elected Milli Mejlis of the

Azerbaijan Republic.

        The elections to replace the Deputies who have left the Milli Mejlis of the

Azerbaijan Republic shall not be held if less than 120 days remains till the expiration of

the term of office.

        The Milli Mejlis of the Azerbaijan Republic shall have power provided the

authority of 83 members be confirmed.

 

Article 88.  Sessions of Milli Mejlis of Azerbaijan Republic.

        The Milli Mejlis shall summon two regular Sessions every year. The spring

Session shall start on 1st of February and it shall last till 31 of May.  The fall Session

shall start on 30th of September and it shall last till 30th of December.  In case 1st of

February and 30th of September fall on days off then the Session shall start its work the

first following working day.  If after elections to the Azerbaijan Republic Milli Mejlis the

authority of  its 83 members are not confirmed till 1st of February,  then the

Constitutional Court of the Azerbaijan Republic shall fix the date of the first Session of

the Azerbaijan Republic Milli Mejlis.  After approving authority of 83 members of the

Azerbaijan Republic Milli Mejlis the first session of the Azerbaijan Republic Milli Mejlis

shall be summoned within one week starting from the day of approval but not later. 

        Special Sessions of the Azerbaijan Republic Milli Mejlis shall be summonned

by the Chairperson of the Azerbaijan Republic Milli Mejlis at the requiest of the

President of the Azerbaijan Republic, 42 Deputies of the Milli Mejlis.

        The Agenda of the Special Session shall be worked out by those members who

required its convocation.  After consideration of agenda items the work of the Special

Session shall be completed. 

 

Article 89.   Disfranchisement of Membership to Milli Mejlis of Azerbaijan

Republic and Loss of Deputy Power.

        A member of the Azerbaijan Republic shall lose its power in the below‑mentioned

cases:

        1)  the wrong accounting of votes during the elections has been revealed;

        2)  the citizenship of the Azerbaijan Republic has been lost  or citizenship of

onother country has been granted;

        3)  a crime has been committed and there is court=s decision that has entered into


effect;

        4)  a position held in government bodies,  being a minister of religion,  being

engaged in the business,  commercial of other paid activity ( excepting scientific, 

teaching and creative activity);

        5)  resignation of his/her own accord;

        6)  disbandment of the party of which he/she is a member.

         The rules of disfranchisement of the membership to the MilliMejlis of the

Azerbaijan Republic shall be set up by the Law.

        The members of the Azerbaijan Republic Milli Mejlis shall be considered to have

lost their power when being unable to execute their power and in other cases specified by

the Law.  The order of taking such a decision shall be set up by the Law.

 

Article 90.  Deputy Immunity.

        The Deputy during the term of office shall have personal immunity.  With the

exception of cases when he has been caught red‑handed, the Deputy at the term of office

cannot be brought to court, detained, administrative measures of punishment cannot be

applied to the him/her, he/she cannot be arrested or punished in some other way, he

cannot be searched, examined.  The Deputy can be detained if caught red‑handed.  In this

case the body which has detained the Deputy must inform the General Prosecutor of the

Azerbaijan Republic about it.

        The Deputy immunity can be stopped only by the decision of the Milli Mejlis of

the Azerbaijan Republic on the basis of the General Prosecutor=s representations.

 

Article 91.  Prohibition against Making Deputies Answerable.

        The Deputies of the Milli Mejlis of the Azerbaijan Republic cannot be made

answerable for their activity in the Milli Mejlis, voting in the Milli Mejlis and ideas

expressed in the Milli Mejlis.  Concerning these cases explanations and evidence can be

required only with their consent.

 

Article 92.  Coordination of Work of Milli Mejlis of  Azerbaijan Republic.

        The Milli Mejlis of the Azerbaijan Republic shall set up the procedure of its work,

it also shall choose the Chairperson and its Assistants, organize permament and other

commssions,  sets up Counting Chamber.

 

Article 93.  Acts of Milli Mejlis of Azerbaijan Republic.

        The Milli Mejlis of the Azerbaijan Republic on issues relating to its sphere of

competence shall pass Laws, Constitutional laws, and Resolutions.

        Constitutional Laws,  Laws and Resolutions shall be passed by the Milli Mejlis in

the order specified by the present Constitution. 

        Members of the Milli Mejlis shall personally exercise the voting right.

        Laws and Resolutions of the Azerbaijan Republic Milli Mejlis can not stipulate

concrete tasks to Executive bodies and courts.

 

Article 94.  General Rules Determined by Milli Mejlis of Azerbaijan

Republic.


        The Milli Mejlis of the Azerbaijan Republic shall determine general rules on the

following issues:

        1) use of human and civil rights and freedoms, State guarantee of these rights and

freedoms;

        2) the Azerbaijan Republic Presidential elections;

        3) elections to the Milli Mejlis of the Azerbaijan Republic and the status of

members of the Milli Mejlis of the Azerbaijan Republic

        4) referendum;

        5) court system and the status of judges;  attorneyship;  bar and notary business;

        6) legal proceedings,  implementation of court=s decisions;

        7) municipal elections and status of municipalities;

        8) emergency situation regime;  martial law regime;

        9) State awards;

        10) the status of physical and juridical Persons;

        11) objects of Civic Law;

        12) transactions; civil law Agreements, representations and inheritance;

        13) right of ownership,  including legal regime of State,  private and municipal

property,  right of intellectual property;  other propertty rights;  obligation right;

        14) family relations including trusteeship and gurdianship.

        15) foundations of finance activity,  taxes, duties and payments;

        16) labor relations and social security;

        17) determination of crimes and law violations; imposing answerability for their

commitment;

        18) defence and military service;

        19) State service;

        20) foundations of security;

        21) territorial set up;  regime of State borders;

        22) ratification and denunciation of international agreements;

        23) communications and transport;

        24) statistics,  metrology  and standards;

        25) customs;

        26) commerce and transaction;

        27) banking,  accounting,  insurance;

        28) On issues mentioned in items 2,  3  4  of the present paper the Laws shall be

passed by a majority of 83 votes,  on the remaining issues ‑ a majority of 63 votes shall be

needed to pass a Law.

        The first part of the present Article can be supplemented by the Constitutional

Law.

 

Article 95.  Issues solved by Milli Mejlis of Azerbaijan Republic.

        The Milli Mejlis of the Azerbaijan Republic shall be authorized to settle the

following matters:

        1)   arrangement of work of the Azerbaijan Republic Milli Mejlis;

        2)   establishment of diplomatic representationa upon the President=s

representation;


        3)   administrative‑territorial division;

        4)   ratification and denunciation of Treaties, Agreements and Conventions;

        5)   ratification of the State fiscal budget on the representation of the President of

the Azerbaijan Republic and exercising control over ita use;

        6)   amnesty;

        7)   ratification of the military doctrine upon the representation of the

Azerbaijanian President;

        8)   ratification of the President=s Decrees in cases specified by the present

Constitution;

        9)   giving consent to the candidate being appointed to the post of the Prime‑

Minister of the Azerbaijan Republic upon the representation of the President of the

Azerbaijan Republic;

        10)  appointment of members of the Constitutional Court and Supreme Court of

the Azerbaijan Republic upon the representation of the President of the Azerbaijan

Republic;

        11)  appointment of the General Prosecutor on the representation of the President

of Azerbaijan Republic, giving consent to release the General Prosecutor from the

holding position on the representation of the President of the Azerbaijan Republic;

        12)  to remove from holding position via impeachment the President of the

Azerbaijan Republic on the representation of the Constitutional Court;

        13)  remove judges from holding positions on the representation of the President

of the Azerbaijan Republic ;

        14)  to solve the issue of confidence in the Cabinet of Ministers of the Azerbaijan

Republic;

        15)  appointment to and removal from the position of the Chairperson of the

Board Committee of the Azerbaijan Republic National Bank and members of the Board

Committee on the representationa of the President of the Azerbaijan Republic;

        16)  give consent to enlist armed forces to the fulfillment of obligations not

connected with their main purpose on the basis of the representation of the President of

the Azerbaijan Republic;

        17)  give consent to declare a war in the basis of the address of the President of

the Azerbaijan Republic;

        18)  appoint referendum.

        19)  setting up Auditing Chamber.

        On issues pointed out in items 1‑5 of the present Article Laws shall be passed by a

majority of 63 votes,  as for the remaining issues Resolutions shall be passed in the same

order if the present Constitution doesn=t stipulate another order.

        Resolutions shall be passed also on other issues which the present Constitution

refers to the sphere of competence of the Azerbaijan Republic Milli Mejlis.

        The first part of the present Article can be supplemented by the Constitutional

Law.

 

Article 96.   Right to Legislative Initiative.

        The right to Legislative Initiative ( the right to introduce for the Parliament

discussion draft laws and other issues) in the Parliament shall belong to the Deputies, the


President of the Azerbaijan Republic, the Constitutional Court of the Azerbaijan Republic

and Ali Mejlis of the Nakhichevan Autonomous Republic.

        Draft Laws put forward as a legislative initiative by the President of the

Azerbaijan Republic,  Supreme Court of the Azerbaijan Republic or Ali Mejlis of the

Nakhichevan Autonomous Republic shall be submitted to the Milli Mejlis of the

Azerbaijan Republic for discussion and put to the vote the way they are presented.

        The changes in the Draft Laws shall be introduced by consent of the body that has

used the right of legislative initiative.

        Draft Laws tabled by the President of the Azerbaijan Republic, the Constitutional

Court of the Azerbaijan Republic or Ali Mejlis of the Nakhichevan Autonomous

Republic for the discussion in the Azerbaijan Republic Parliament as a Legislative

Initiative shall be submitted for discussion and shall be put to the vote,  the way they are

submitted.

        Draft Laws submitted as a Legislative Initiative by the President of the Azerbaijan

Republic, the Constitutional Court of the Azerbaijan Republic or Ali Mejlis of the

Nakhichevan Autonomous Republic shall be put to the vote in the Azerbaijan Republic

Parliament for the term of two months. 

        Upon declaring the Draft Law urgent on the part of the President of the Azerbaijan

Republic, the Constitutional Court or Ali Mejlis of the Nakhichevan Autonomous

Republic this term shall make 20 days.

 

Article 97.  Term of Submitting Laws for Signing.

        The Laws shall be submitted to the President of the Azerbaijan Republic for

signing within 14 days since the day of adoption.

        The Draft Law which has been declared urgent shall be submitted to the President

of the Azerbaijan Republic for signing within 24 hours since its adoption. 

 

Article 98.  Enforcement of Laws of Azerbaijan Republic Milli Mejlis.

        The Law and the Resolutions shall come into effect since the day of publication if

the Law or the Resolution itself does not specify a different order.

 

Section VI.  Executive Power.

 

Article 99.   Affiliation to Executive Power.

        Executive power in the Azerbaijan Republic shall belong to the President of the

Azerbaijan Republic.

 

Article 100.  Requirements to the candidates for the President of the

Azerbaijan Republic.

        Every Person no younger than 35 years old,  permamently residing in the

territorry of the Azerbaijan Republic for more than 10 years,  having election right,  a

University Degree,  who has never been tried for a major crime,  who has no

commitments  towards other States,  exclusively a citizen of the Azerbaijan Republic

shall have the right to be elected President of the Azerbaijan Republic.

 


Article 101.  Foundations for the Azerbaijan Republic Presidential Elections.

        The President of the Azerbaijan Republic shall be elected for the term of 5 years

via universal,  direct and equal elections by free,  individual and secret ballot.

        The President of the Azerbaijan Republic shall be elected by the majority of two

thirds of votes participating in the voting.

        If this majority is not collected during the first round of elections, then the second

round of elections shall be held on the second Sunday after the elections. Two candidates

only,  who have polled most votes in the first round,  shall participate in the second

round,  or in case those candidates who have polled most votes have recalled their

candidacies, it shall be two candidates  following the first ones.

        The candidate who has collected in the second round a majority vote is considered

to be elected President of the Azerbaijan Republic. 

        No Person can be elected President of the Azerbaijan Republic more than twice. 

        The order of applying the present article shall be set up by the Law.

 

Article 102.  Results of Azerbaijan Republic Presidential Elections.

        Information on the results of the elections shall be officially announced by the

Constitutional Court of the Azerbaijan Republic within 7 days after the elections.

 

Article 103.  Oath of Allegiance of Person Elected President of Azerbaijan

Republic.

        A Person who has been elected President of the Azerbaijan Republic within 3

days starting from the announcement day of the Presidential election results with the

participation of Judges of the Constitutional Court shall take the following oath: A While

executing power of the President of the Azerbaijan Republic I swear to observe the

Constitution of the Azerbaijan Republic,  defend sovereignty and territorial integrity of

the State,  to serve the people in a dignified manner@.

        From the day of swearing in the President shall be  considered to have entered

upon his duties.

 

Article 104.   Inability of President of Azerbaijan Republic to Permamently

Execute his Authority.

           The President shall be considered to have lost his power before the appointed

time when he retires,  loses ability to implement for health reasons his obligations,  or is

removed from office in cases and in the order specified by the present Constitution.

        When the President of the Azerbaijan Republic retires his request on retirement

shall be submitted to the Constitutional Court of the Azerbaijan Republic.  The

Constitutional Court of the Azerbaijan Republic having ascertained that the President has

personally sent in  his resignation shall take a decision on approving the Azerbaijan

Republic President >s resignation.  From that moment on the President shall be

considered to have resigned from his position in connection with his retirement.

        Upon the representation of information concerning the President=s complete loss

of ability for health reasons to execute his power,  the Milli Mejlis shall address the

Constitutional Court of the Azerbaijan Republic for elucidating the fact.  The

Constitutional Court of the Azerbaijan Republic shall take a decision on this issue by a


majority of 6 votes.  If the Constitutional Court does not confirm this fact,  then the issue

shall be considered settled.

 

Article 105.  Execution of Obligations of Azerbaijan Republic President upon

His Retirement.

        When the President retires from the position before the appointed time new 

Presidential elections shall be held within three months.  In this case the Chairperson of

the Milli Mejlis of the Azerbaijan Republic shall perform duties of the President of the

Azerbaijan Republic. 

        If during this term acting President of the Azerbaijan Republic ‑ chairperson of

the Milli Mejlis of the Azerbaijan Republic resigns,  completely loses for health reasons 

the ability to emplement his power,  then the obligations of the President of the

Azerbaijan Republic shall be fulfilled by the Prime‑Minister of the Azerbaijan Republic.

        When there is no possibility for the Prime‑Ministerof the Azerbaijan Republic to

exercise power of the President of the Azerbaijan Republic for reasons pointed out in the

second half of the present Article the Milli Mejlis of the Azerbaijan Republic shall pass a

Resolution on the executing authority of the President of the Azerbaijan Republic by

another official.

 

Article 106. Immunity of  President of Azerbaijan Republic.

        The President of the Azerbaijan Republic shall have the right of immunity.

        The honor and dignity of the President of the Azerbaijan Republic shall be

protected by Law. 

 

Article 107.  Removing from Position of President of Azerbaijan Republic.

        When a grave crime has been committed by the President of the Azerbaijan

Republic the issue concerning the removal of the President of the Azerbaijan Republic

from his position can be put forward before the Milli Mejlis of the Azerbaijan Republic

on the initiative of the Constitutional Court of the Azerbaijan Republic on the basis of the

conclusion drawn by the Supreme Court of the Azerbaijan Republic within 30 days.

        The President of the Azerbaijan Republic can be removed from office on the basis

of the Resolution passed by the majority of  95 votes of the Deputies.  This Resolution

shall be signed by the Constitutional Court of the Azerbaijan Republic.  If within one

week the Constitutional Court of the Azerbaijan Republic does not come out in favor of

signing this Resolution , the Resolution shall not come into effect.

        The Resolution on the removal of the President from office shall be passed within

2 months since the day of the Constitutional Court addressing the Milli Mejlis of the

Azerbaijan Republic.  If within this term the mentioned Resolution is not passed the

accusation shall be turned down.

 

Article 108.  Maintenance of President of Azerbaijan Republic.

        The President of the Azerbaijan Republic and his family shall be maintained at the

expense  of the State. Security of the President of the Azerbaijan Republic and his family

shall be ensured by special guard services.

 


Article 109.  Power of President of Azerbaijan Republic.

        The President of the Azerbaijan Republic:

        1)  shall appoint elections to the Milli Mejlis of the Azerbaijan Republic;

        2) shall submit the State budget of the Azerbaijan Republic to the Milli Mejlis for

ratification;

        3)  approves State economic and social programs; 

        4) on co‑ordination with the Milli Mejlis of the Azerbaijan Republic shall appoint

the Prime‑Minister of the Azerbaijan Republic and shall remove from position the Prime‑

Minister of the Azerbaijan Republic;

        5) shall appoint to position and remove from position members of the Cabinet of

Ministers of the Azerbaijan Republic;  in required cases shall preside at the meetings of

the Cabinet of Ministers of the Azerbaijan Republic;

        6) shall take a decision on resignation of the Cabinet of Ministers;

        7) shall set up central and local executive bodies for exercising executive power

within the expenses planned by the State budget of the Azerbaijan Republic;

        8) shall annul the Resolutions and Orders of the Cabinet of Ministers of the

Azerbaijan Republic,  the Cabinet of Ministers of the Nakhichevan Autonomous

Republic,  Acts of central and local executive bodies;

        9) shall submit a proposal to the Milli Mejlis of the Azerbaijan Republic on the

appointment and removing from the position of judges of the Constitutional Court, the

Supreme Court of the Azerbaijan Republic and the Economic Court of the Azerbaijan

Republic; on co‑ordination with the Milli Mejlis of the Azerbaijan Republic shall appoint

to and remove General Prosecutor of the Azerbaijan Republic from holding position; 

appoint to the position of judges of other courts of Azerbaijan Republic;

        10) shall submit proposals to the Milli Mejlis of the Azerbaijan Republic on the

appointment to the position and removal from the position the members of the Board

Committee of the National Bank of the Azerbaijan Republic;

        11)  shall submit military doctrine of the Azerbaijan Republic to the Milli Mejlis

for ratification;

        12) shall appoint and remove from position higher commanders of the Armed

Forces of the Azerbaijan Republic;

        13) shall form the President=s Administration and shall appoint its Head;

        14) shall appoint and remove from position authoritative representatives of the

President of the Azerbaijan Republic;

        15) shall submit to the Milli Mejlis a proposal on establishing diplomatic

representations of the Azerbaijan Republic in foreign countries and international

organizations,  appoint and recall diplomatic representatives of the Azerbaijan Republic

in foreign States and international organizations;

        16) shall accept credentials and letters of recall of the diplomatic representatives

of foreign States;

        17) shall conclude intergovernmental Treaties and Agreements,  shall submit

interstate Treaties, to the Milli Mejlis of the Azerbaijan Republic for ratification or

denunciation;  shall sign Decrees on the ratification of international Treaties and

Agreements;

        18) shall appoint a referendum;


        19) shall sign and issue laws;

        20) shall settle the issues of citizenship;

        21) shall decide issues on granting political asylum;

        22) shall pass Acts on Granting Mercy;

        23) shall grant State awards;

        24) shall confer higher military and higher special ranks;

        25) shall announce total or partial mobilization and demobilization;

        26) shall take a decision on calling up citizens of the Azerbaijan Republic for

urgent military service and transfering soldiers to the reserve;

        27) shall found Security Council of the Azerbaijan Republic;

        28) shall introduce representation to the Milli Mejlis of the Azerbaijan Republic

on giving consent to enlist armed forces to the fulfillment of obligations not connected

with their main destination;

        29) shall declare emergency situation and martial law;

        30) shall upon consent of the Milli Mejlis of the Azerbaijan Republic declare  war

and conclude peace;

        31) shall set up special guard services;

        32) shall in the executive order settle other issues not referred by the present

Constitution to the power of the Milli Mejlis of the Azerbaijan Republic.     

 

        The President of the Azerbaijan Republic and his family shall be maintained at the

expense  of the State. Security of the President of the Azerbaijan Republic and his family

shall be ensured by special guard services.

 

Article 110.  Signing Laws.

        The President of the Azerbaijan Republic shall sign Laws within 56 days since the

day of representation.  If a Law arouses objection on the part of the President of the

Azerbaijan Republic he without signing the Law shall at the appointed time send it back

to the Milli Mejlis of the Azerbaijan Republic attaching his objections

        If the Milli Mejlis of the Azerbaijan Republic by repeated voting passes the Laws

by a majority of 95 votes which have been previously passed by a majority of 83 votes,

and the Laws,  previously adopted by a majority of 63 votes,   ‑ by a majority of 83 votes

then the Laws shall come into effect.

 

Article 111.  Declaration of Martial Law.

        The President of the Azerbaijan Republic shall declare Martial Law in the whole

territory of the Azerbaijan Republic or in some of its parts and shall immediately

represent the following Decree at the Milli Mejlis of the Azerbaijan Republic for

ratification when a certain part of the territory of the Azerbaijan Republic has been

occupied, a foreign State has declared a war against the Azerbaijan Republic,  real danger

of an armed attack against the Aszerbaijan Republic has been brought into being, a

territory of the Azerbaijan Republic has been blockaded,  and if there exists real danger of

such a blockade.

 

 


Article 112.  Declaration of Emergency Situation.

       The President of the Azerbaijan Republic shall declare Emergency Situation in

separate areas of the Azerbaijan Republic when there are natural calamities, epidemies,

epizootic, great ecological and other catastrophies, as well as when there are actions

directed at the violation of the territorial integrity of the Azerbaijan Republic, forced

change of its Constitutional system, mass disturbances, accompanied by violence, rise of

national conflicts creating threat for life and security of citizens, or for normal activity of

State bodies.

        The President of the Azerbaijan Republic within 24 hours shall submit the Decree

to the Milli Mejlis of the Azerbaijan Republic for ratification.

 

Article 113.  Acts of President of Azerbaijan Republic.

        The President of the Azerbaijan Republic when establishing general rules shall

issue Decrees, on other issues ‑ Orders.

        If a different order is not envisaged in Decrees and Orders, they shall come into

effect from the day of publication. 

 

Article 114.  Status of Cabinet of Ministers of Azerbaijan Republic.

        With the aim of implementing Executive power the President of the Azerbaijan

Republic shall form the Cabinet of Ministers of the Azerbaijan Republic.

        The Cabinet of Ministers shall be  the supreme Executive body of the President of

the Azerbaijan Republic.

        The Cabinet of Ministers of the Azerbaijan Republic shall be subordinate and

accountable to the President of the Azerbaijan Republic.

        The order of activity of the Cabinet of Ministers of the Azerbaijan Republic shall

be determined by the President of the Azerbaijan Republic.

 

Article 115.  Composition of Cabinet of Ministers of Azerbaijan Republic.

        The Cabinet of Ministers shall consist of the Prime Minister of the Azerbaijan

Republic, his Deputies, Ministers and Heads of other central bodies of Executive power. 

 

Article 116.  Resignation of Cabinet of Ministers.

        On the day when the newly elected President of the Azerbaijan Republic has taken

office and has entered upon his duties the Cabinet of Ministers shall resign.

 

Article 117.  Meetings of Cabinet of Ministers of Azerbaijan Republic.

        The Prime Minister of the Azerbaijan Republic shall preside at meetings of the

Cabinet of Ministers of the Azerbaijan Republic. 

 

Article 118.  Order of Appointment Prime Minister of Azerbaijan Republic.

        The Prime Minister of the Azerbaijan Republic shall be appointed by the

President of the Azerbaijan Republic in co‑ordination with the Milli Mejlis of the

Azerbaijan Republic. 

        The President of the Azerbaijan Republic shall submit for discussion to the Milli

Mejlis of the Azerbaijan Republic a proposal on the candidacy to the post of the Prime


Minister no later than one month from the day of starting entering upon his duties or no

later than a fortnight from the day of resignation of the Cabinet of Ministers of Azerbaijan

Republic.

        The Milli Mejlis of the Azerbaijan Republic shall give consent to the candidature

to the post of the Prime‑Minister of the Azerbaijan Republic no later than one week from

the day of the candidature representation.  If the mentioned order is violated or consent is

not given thrice to the appointment to the Azerbaijan Republic Prime‑Minister post of the

candidatures represented by the President of the Azerbaijan Republic,  then the President

of the Azerbaijan Republic can appoint the Prime‑Minister of the Azerbaijan Republic

without the consent of the Azerbaijan Republic Milli Mejlis.

 

Article 119.  Authority of Cabinet of Ministers of Azerbaijan Republic.

        The Cabinet of Ministers of the Azerbaijan Republic:

        ‑ shall make up a draft of the State budget of the Azerbaijan Republic and shall

submit it to the President of the Azerbaijan Republic;

        ‑ shall ensure the implementation of the State budget of the Azerbaijan Republic;

        ‑ shall ensure realization of the financial and credit and monetary policy;

        ‑ shall ensure putting into life  State economic programs;

        ‑ shall ensure execution of  State social programs;

        ‑ shall head the Ministries and other central executive bodies, shall annul their

Acts;

        ‑ shall settle other issues which are attributed by the President to the Cabinet=s

jurisdiction.

 

Article 120.  Acts of Cabinet of Ministers of Azerbaijan Republic.

        The Cabinet of Ministers of the Azerbaijan Republic when determining general

rules shall pass Decrees, it shall pass Orders on other issues.

        If a different order is not specified in Decrees and Orders of the Cabinet of

Ministers they come into effect after the day of publication.

 

Article 121.   Requirements to Candidates for the Position of Prime Minister

Members of the Azerbaijan Republic Cabinet of Ministers.

        A citizen of the Azerbaija Republic no younger than 30 years old, having a

University Degree, election right, having no obligation in relation to any foreign State

shall be appointed Prime Minister.

        A citizen of the Azerbaijan Republic at the age of no less than 25 years, with a

University Degree, election right, without obligations to any foreign State shall be

appointed Deputy Prime Minister, Minister, Head of other central Executive body.

 

Article 122.   Requirements to Members of Cabinet of Ministers of

Azerbaijan Republic.

        The Prime Minister of the Azerbaijan Republic, his Deputies, Ministers, Heads of

other central executive bodies cannot hold any other elected or appointed position, they

cannot be engaged in business, commercial and any other paid activity with the exception

of scientific, teaching and creative activity, nor can they get other renumeration except


salary for holding position and also means received for scientific,   teaching  and cretive

work.

 

Article 123.  Immunity of the Prime‑Minister of the Azerbaijan Republic.

        During the term of office the Prime Minister shall enjoy personal immunity. 

        The Prime Minister cannot be brought to court, detained, except the cases when

he is caught red‑handed,  .no  court measures like administrative penalty, arrest, and other

suppression measures can be applied to him, he cannot be searched or inspected.

        The Prime Minister of the Azerbaijan Republic can be detained if he is caught

red‑handed.  In that case the body who has detained the above‑mentioned official shall

immediately inform the General Prosecutor of the Azerbaijan Republic about it.

         The immunity of the Prime Minister of the Azerbaijan Republic can be stopped

only by the President on the basis of the representation of the General Prosecutor of the

Azerbaijan Republic.

 

Article 124. Local Executive Power.

        Local Executive power shall be  implemented by the Heads of Executive power.

        Heads of Executive power shall be appointed and removed from holding positions

by the President of the Azerbaijan Republic.

        Authority of the Local Executive power shall be determined by the President of

the Azerbaijan Republic.   

 

Section VII.  Judicial Power.

 

Article 125.  Execution of Judicial Power.

        Judicial power shall be implemented solely by judicial bodies.

        Judicial power shall be executed by the Constitutional Court of the Azerbaijan

Republic,  the Supreme Court of the Azerbaijan Republic,  Economic Court of the

Azerbaijan Republic,  general and specialized courts of the Azerbaijan Republic.

        Judicial power shall be exercised via constitutional,  civil,  administrative and

criminal legal proceedings and in other forms specified by the Law.

        Attorneyship and defence of the Azerbaijan Republic shall  participate in the

implementation of Judicial power with the exception of the Constitutional legal

procedure. 

        Judicial Structure and Legal Procedure shall be determined by the Law.

        Use of legal means not stipulated by Law in order to change authority of judges

and create extraordinary courts shall be prohibited.

 

Article 126.  Requirements to Candidates to the post of Judges.

        Citisens of the Azerbaijan Republic who have reached the age of  30 years,  have

a University Degree in Law and a 5‑year working experience in the sphere of Law can be

Judges.

        Judges can not hold another elected or appointed position,  they can not be

engaged in business,  commercial and any other paid activity,  excepting scientific, 

teaching and creative work,  nor can they affiliate to political parties and be engaged in


political activity,  nor can they get any remuneration except salary and means for

scientific,  teaching and creative work.

 

Article 127.  Principles of Justice.

        Judges shall be autonomous,  they shall be subordinate only to the Constitution

and the Laws and shall be irremovable in accordance with the Law.

        Judges decide the cases in an unbiased,  fair way,  following the legal equality of

the sides,  on the basis of facts and in accordance with the Law.

        Direct of indirect restriction of legal procedure on somebody=s part and for some

reason,  illegal influence ,  pressure,  threat interference shall not be permitted. 

        Justice shall be administered on the basis of legal equality of citizens before Law

and Court.

        Trial in all the courts shall be public. 

        Hearing of the case behind closed doors can be authorized in case when the court

assumes that open trial can lead to revealing the State,  professional or commercial secret, 

os when the court pursues the necessity of keeping a secrecy of a personal or family life.

        Legal proceeding of criminal cases by default shall not be authorized in the court

of first instance.

        Legal proceedings shall be implemented based on the principle of Controversy.

        Every Person shall have the right to get qualified legal help at any stage of legal

proceedings.

        Justice is based on Presumtion of Innocence.

        Legal proceedings in the Azerbaijan Republic shall be conducted in the official

language of the Azerbaijan Republic or in the language of the population which constitute

the majority in the area concerned.

        Persons ‑ participants of court examination who do not know the language in

which legal proceedings are held shall be guaranteed via the interpreter the right to get

fully familiarized with the materials of the case,  participate in legislative enactments and          

speak in the native language in the court.      

 

Article 128.   Immunity of Judges.

        Judges shall have immunity.

        A judge can be brought to court only in the order specified by the Law.

        Authority of Judges can be terminated only in the legal order specified by the

Law.

        Upon commitment by judges of crimes the President of the Azerbaijan Republic

on the assumption of the conclusion of the Azerbaijan Republic Supreme Court shall

speak at the Milli Mejlis of the Azerbaijan Republic with the initiative to remove judges 

from holding position.  Corresponding conclusion of the Azerbaijan Republic Supreme

Court must be submitted to the President of the Azerbaijan Republic on the

corresponding inquiry within 30 days.

        Decision on removing members of the Constitutional Court,  the Supreme Court

of the Azerbaijan Republic and the Economic Court of the Azerbaijan Republic shall be

made by a majority of 83 votes;  decision on removing other judges shall be taken by the

Milli Mejlis of the Azerbaijan Republic by a majority of 63 votes.


Article 129.  Court Decisions and Their Implementation.

        Judges shall take decisions on behalf of the State,  implementation of these

decisions shall be binding on everyone.

 

Article 130 Constitutional Court of Azerbaijan Republic.

        The Constitutional Court of the Azerbaijan Republic shall consist of 9 judges.

        Members of the Constitutional Court of the Azerbaijan Republic shall be

appointed by the Milli Mejlis of the Azerbaijan Republic upon the representation of the

President of the Azerbaijan Republic.

        On the basis of inquiry made by the President of the Azerbaijan Republic,  Milli

Mejlis of the Azerbaijan Republic,  the Cabinet of Ministers of the Azerbaijan Republic, 

Supreme Court of the Azerbaijan Republic,  General Prosecutor=s Office of the

Azerbaijan Republic,  Ali Mejlis of the Nakhichevan Autonomous Republic  the

Constitutional Court of the Azerbaijan Republic shall deal with the issues:

        1) on conformity with the Constitution of the Azerbaijan Republic of Laws of the

Azerbaijan Republic,  Decrees and Orders of the President of the Azerbaijan Republic, 

Resolutions of the Milli Mejlis of the Azerbaijan Republic,  Resolutions and Orders of

the Cabinet of Ministers of the Azerbaijan Republic,  normative and legal Acts of central

Executive bodies;

        2) on conformity with the Laws of the Azerbaijan Republic of Decrees of the

President of the Azerbaijan Republic,  Resolutions of the Cabinet of Ministers of the

Azerbaijan Republic,  normative and legal Acts of central Executive bodies;

        3) on conformity with the Decrees and Orders of the President of the Azerbaijan

Republic of Resolutions of the Cabinet of Ministers of the Azerbaijan Republic and

normative and legal Acts of central Executive bodies;

        4) on conformity of Acts of the Supreme Court of the Azerbaijan Republic in

cases specified by the Law with the Constitution and the Laws of the Azerbaijan

Republic;

        5) on conformity of the municipal Acts of the Constitution of the Azerbaijan

Republic with the Laws of the Azerbaijan Republic,  Decrees of the President of the

Azerbaijan Republic,  Resolutions of the Cabinet of Ministers of the Azerbaijan

Republic( in the Nakhichevan Autonomous Republic‑ also with the Constitution and the

Laws of the Nakhichevan Autonomous Republic and with the Resolutions of the Cabinet

of Ministers of the Nakhichevan Autonomous Republic);

        6) on conformity of abandoned interstate Treaties of the Azerbaijan Republic with

the Constitution of the Azerbaijan Republic,  on conformity of intergovernmental

Treaties of the Azerbaijan Republic with the Constitution and the laws of the Azerbaijan

Republic;

        7) on banning political parties or other social unions;

        8) on conformity with the Constitution of the Azerbaijan Republic of the

Constitution and the Laws of the Nakhichevan Autonomous Republic,  Resolutions of Ali

Mejlis of the Nakhichevan Autonomous Republic,  Resolutions and Orders of the Cabinet

of Ministers of the Nakhichevan Autonomous Republic;  in conformity with the Laws of

the Azerbaijan Republic of the Laws of the Nakhichevan Autonomous Republic, 

Resolutions of the Cabinet of Ministers of the Nakhichevan Autonomous Republic;  on


conformity of the Resolutions of the Cabinet of Ministers of the Nakhichevan

Autonomous Republic with the Decrees and Orders of the President of the Azerbaijan

Republic and Resolutions of the Cabinet of Ministers of the Azerbaijan Republic.

        9) on settlement of disputes connected with the division of power between

Legislative and Executive branches.

        The Constitutional Court of the Azerbaijan Republic shall give interpretation of

the Constitution and the Laws of the Azerbaijan Republic based on the inquiry on the part

of the President of the Azerbaijan Republic,  the Milli Mejlis of the Azerbaijan Republic, 

the Cabinet of Ministers of the Azerbaijan Republic,  General Prosecutor=s Office of the

Azerbaijan Republic and Ali Mejlis of the Nakhichevan Autonomous Republic.

        The Constitutional Court of the Azerbaijan Republic shall perform other duties

stipulated in the present Constitution.

        The Constitutional Court of the Azerbaijan Republic shall make decisions relating

to its power.  Decisions of the Constitutional Court of the Azerbaijan Republic shall be

binding in the whole territory of the Azerbaijan Republic.

        The Laws and other Acts  or their separate provisions ,  intergovernmental

Treaties of the Azerbaijan Republic shall lose force at the time appointed in the decision

of  the Constitutional Court of the Azerbaijan Republic on their discrepancy with the

Constitution of the Azerbaijan Republic;  interstate Treaties of the Azerbaijan Republic

which are recognized as not conforming to the Constitution of the Azerbaijan Republic

shall not come into effect.

 

Article 131. Azerbaijan Republic Supreme Court.

      The Supreme Court of the Azerbaijan Republic shall be the highest judicial body

in civil,  criminal,  administrative and other cases,  referred to the activity of general

courts;  it shall exercise control over the activity of general courts in the order specified

by the Law,  shall give explanations on issues concerning the practice of general courts.

        Judges of the Supreme Court of the Azerbaijan Republic shall be appointed by the

Milli Mejlis of the Azerbaijan Republic on the representation of the President of the

Azerbaijan Republic.

 

Article 132.  Economic Court of the Azerbaijan Republic.

        The Economic Court of the Azerbaijan Republic shall be the highest legal body

on considering economic disputes.  It shall exercise control over the activity of

corresponding specialized courts in the order stipulated by the Law.

        Judges of the Economic Court of  the Azerbaijan Republic shall be appointed by

the Milli Mejlis of the Azerbaijan Republic on the representation of the President of the

Azerbaijan Republic.

 

Article 133.  General Prosecutor=s Office of Azerbaijan Republic.

        General Prosecutor=s Office of the Azerbaijan Republic shall exercise control over

accurate and uniform execution and application of Laws;  shall support in court State

prosecution;  shall bring in an action;  in cases specified by the law shall institute

proceedings and hold an investigation;  shall bring in objections to the court=s decisions.

        General Prosecutor=s Office of the Azerbaijan Republic shall be a united


centralized body consisting of territorial and specialized Attorney Offices based on their

subordination to the General Prosecutor of the Azerbaijan Republic.

        General Prosecutor of the Azerbaijan Republic shall be appointed to and removed

from holding  position by the President of the Azerbaijan Republic by consent of the

Azerbaijan Republic Milli Mejlis.

        Deputies of General Prosecutor of the Azerbaijan Republic,  heads of the

specialized republican Attorney Offices  shall be appointed to and removed from the

position by the President of the Azerbaijan Republic on the representation of the General

Prosecutor of the Azerbaijan Republic.

        Territorial and specialized Attorneys shall be appointed to the position by the  

General Prosecutor of the Azerbaijan Republic in co‑ordination with the President of the

Azerbaijan Republic.

 

 Section VIII.  Nakhichevan Autonomous Republic.

 

Article 134.  Status of Nakhichevan Autonomous Republic.

        The Nakhichevan Autonomous Republic shall be an autonomous State forming a

part of the Azerbaijan Republic.

        The status of the Nakhichevan Autonomous Republic shall be determined by the

present Constitution.

        Nakhichevan Autonomous Republic shall be an inalienable part of the Azerbaijan

Republic.

        The Constitution of the Azerbaijan Republic,  Laws of the Azerbaijan Republic, 

Decrees of the President of the Azerbaijan Republic and Resolutions of the Cabinet of

Ministers of the Azerbaijan Republic shall be binding in the territory of the Nakhichevan

Autonomous Republic.

        The Constitution and Laws of the Nakhichevan Autonomous Republic must not

contradict the Constitution and the Laws of the Azerbaijan Republic,  Resolutions of the

Cabinet of Ministers of the Nakhichevan Autonomous Republic must not contradict the

Constitution and the Laws of the Azerbaijan Republic,  the Decrees of the President of

the Azerbaijan Republic and the Resolutions of the Cabinet of Ministers of the

Azerbaijan Republic.

 

Article 135.  Division of Power in the Nakhichevan Autonomous Republic.

        The Legislative power in the Nakhichevan Autonomous Republic shall be

executed by the Ali Mejlis of the Nakhichevan Autonomous Republic,  Executive power

shall be implemented by the Cabinet of Ministers of the Nakhichevan Autonomous

Republic,  the Judicial power shall be exercised by the courts of the Nakhichevan

Autonomous Republic.

        Ali Mejlis of the Nakhichevan Autonomous Republic shall independently deal

with issues referred to its power by the Constitution and the Laws of the Azerbaijan

Republic;  the Cabinet of Ministers of Nakhichevan Autonomous Republic shall

independently deal with issues referred to its power by the Constitution and the Laws of

the Azerbaijan Republic,  Decrees of the President of the Azerbaijan Republic;  the courts

of the Nakhichevan Autonomous Republic shall independently deal with issues referred


to its power by the Constitution and the Laws of the Azerbaijan Republic.

 

Article 136.  Highest Official of Nakhichevan Autonomous Republic.

        The Chairman of the Ali Mejlis of the Nakhichevan Autonomous Republic shall

be the highest official of the Nakhichevan Autonomous Republic.

 

Article 137.  Ali Mejlis of Nakhichevan Autonomous Republic.

        Ali Mejlis of the Nakhichevan Autonomous Republic shall consist of 45

members.

        Ali Mejlis of the Nakhichevan Autonomous Republic shall elect the Chairman of

Ali Mejlis of the Nakhichevan Autonomous Republic and its Deputies,  shall form

permament  and other commissions.

        The term of office for the Ali Mejlis members of the Nakhichevan Autonomous

Republic shall be 5 years.

        The Constitution of the Nakhichevan Autonomous Republic must not contradict

the Constitution and the Laws of the Azerbaijan Republic. 

 

Article 138.  General Rules Set Up by Ali Mejlis of Nakhichevan

Autonomous Republic.

        The Ali Mejlis of the Nakhichevan Autonomous Republic shall set up general

rules on the following issues:

        1) elections to the Ali Mejlis of the Nakhichevan Autonomous Republic;

        2) taxes;

        3) directions of economy development of the Nakhichevan Autonomous

Republic;

        4) social security;

        5) environment protection;

        6) turism;

        7) medical care,  science,  culture.

        The Ali Mejlis of the Nakhichevan Autonomous Republic shall adopt Laws on

issues mentioned in this Article.

 

Article 139.  Issues Dealt With by Ali Mejlis of Nakhichevan Autonomous

Republic.

        The Ali Mejlis of the Nakhichevan Autonomous Republic shall be dealing with

the following issues:

        1) work organization of the Ali Mejlis of the Nakhichevan Autonomous Republic;

        2) budget of the Nakhichevan Autonomous Republic;

        3)  approval of economic and social programs of the Nakhichevan Autonomous

Republic;

        4) appointment to the position and removal from the position of the Prime

Minister of the Nakhichevan Autonomous Republic;

        5)  approval of Cabinet of Ministers composition of the Nakhichevan

Autonomous Republic;

        6)  confidence in the Cabinet of Ministers of the Nakhichevan Autonomous


Republic.

        The Ali Mejlis of the Nakhichevan Autonomous Republic shall pass Resolutions

on the issues mentioned in this Article.

 

Article 140.  Cabinet of Ministers of  Nakhichevan Autonomous Republic.

        The composition of the Cabinet of Ministers of the Nakhichevan Autonomous

Republic shall be determined by the Ali Mejlis of the Nakhichevan Autonomous

Republic on the representation of the Prime Minister of the Nakhichevan Autonomous

Republic.

        The Prime Minister of the Nakhichevan Autonomous Republic shall be appointed

by the Ali Mejlis of the Nakhichevan Autonomous Republic based on the representation

of the President of the Azerbaijan Republic.      

        The Cabinet of Ministers shall:

        ‑ make a budget estimates of the Republic and shall submit it to the Ali Mejlis of

the Nakhichevan Autonomous Republic;

        ‑ realize the budget of the Autonomous Republic;

        ‑ ensure implementation of economic programs;

        ‑ ensure putting into life social security programs;

        ‑ deal with other issues attributed to its competence by the President of the

Azerbaijan Republic.

        Cabinet of Ministers of the Nakhichevan Autonomous Republic shall pass

Resolutions and Orders.

 

Article 141.  Local Executive Power in Nakhichevan Autonomous Republic.

        Heads of local Executive power in the Nakhichevan Autonomous Republic shall

be appointed by the President of the Azerbaijan Republic on the basis of joint

representations of the Chairperson of the Ali Mejlis and the Prime Minister of the

Nakhichevan Autonomous Republic.

 

FOURTH CHAPTER.  LOCAL SELF‑GOVERNMENT.

 

Section IX.  Municipalities.

 

Article 142.  Organization of Local Government.

        Local government in rural areas and towns, villages and settlements shall be

exercised by municipalities.

        Municipalities shall be formed by way of elections.

        The system of elections to municipalities shall be determined by the Law.

 

Article 143.  Organization of Municipality Work.

        Municipalities shall implement their activity via meetings, permament and other

commissions.

        Municipality meetings shall be convened by the Chairperson of the Municipality.

 

 


Article 144.  Municipality Power.

         The following issues shall be settled at the Municipality meetings:

        1) recognition of authority of Municipality members, termination of their

authority in cases stipulated by the Law;

        2) approving regulations; forming its mechanism;

        3) election of the Municipality Chairman and his Deputies, permament and other

commissions;

        4) imposing local taxes and payments;

        5) approving a local budget and accounts for their use;

        6) owning the municipal property, charging and using it;

        7) approving and implementing local programs of social security and social

development;

        8) approving and implementing local programs of economic development;

        9) approving and implementing local ecological programs.

        Municipalities can be delegated by the Legislative and the Executive power

additional authority.

        Municipalities must be allotted necessary financial means for executing this

authority.  Realization of this authority shall be controled by the Legislative and

Executive power.

 

Article 145.  Municipal Decisions.

        At the Municipality meetings decisions shall be taken on considered issues.

        Municipal decisions shall be taken by a simple vote majority of Municipality

members.

        Decisions connected with local taxes and payments shall be taken by a majority of

two thirds of votes of Municipality members.        

 

Article 146.  Guarantee of Municipality Independence.

        Municipalities shall be guaranteed protection in court, compensation of additional

expenses, brought about as a result of State bodies decisions.

 

FIFTH CHAPTER.  RIGHTS AND LAW.

 

Section X.  Legislative System.

 

Article 147.  Validity of Constitution of Azerbaijan Republic.

        The Constitution of Azerbaijan Republic shall have highest legal force in the

Azerbaijan Republic.

        The Constitution of the Azerbaijan Republic shall act immediately.  The

Constitution of the Azerbaijan Republic shall be the foundation of the Legislative system

in the Azerbaijan Republic.

 

Article 148.  Acts Included in Legislative system of Azerbaijan Republic.

        The Legislative system of the Azerbaijan Republic shall consist of the following

normative‑legal Acts:


        1) the Constitution;

        2) Acts adopted via referendum;

        3) Laws;

        4) Decrees;

        5) Resolutions of the Cabinet of Ministers of the Azerbaijan Republic;

        6) normative Acts of central Executive bodies.

        International Treaties, of which the Azerbaijan Republic is  a party,   shall be

inalienable compound part of the Legislative system of the Azerbaijan Republic.

        In the Nakhichevan Autonomous Republic the Constitution and the Laws of the

Nakhichevan Autonomous Republic, Resolutions of the Cabinet of Ministers of the

Nakhichevan Republic shall also have legal force.

        Legislative system in the Nakhichevan Republic should correspond to the

Legislative system in the Azerbaijan Republic.

        Local Executive bodies within their competence can take decisions and

instructions of the normative character, other Acts, which do not contradict Acts included

in the Legislation system.

 

Article 149.  Normative and Legal Acts.

        Acts that have been passed via referendum must be based on Right and Justice (on

equal approach to equal interests).

        Only in case of publication of Acts, passed via referendum, their use and

implementation shall be obligatory for citizens , Legislative, Executive and Judicial

power, juridical Persons and the Municipalities.

        The Laws shall be based on Right and Justice ( equal attitude to equal interests)

and not contradict the Constitution of the Azerbaijan Republic.

        Only published Laws shall be obligatory for use and implementation for citizens,

Executive and Judicial power, juridical Persons and the Municipalities.

        Decrees must not contradict the Constitution , Laws of the Azerbaijan Republic,

the Right and Justice (equal attitude to equal interests).Only published Decrees shall be

used and implemented for citizens, Executive bodies, juridical Persons.

        Resolutions of the Cabinet of Ministers must not contradict the Constitution,

Laws of the Azerbaijan Republic, Decrees, the Right and Justice ( equal attitude to equal

interests).

        It is only when the Resolutions of the Cabinet of Ministers of the Azerbaijan

Republic are made public that their application and realization shall be obligatory for

citizens, central and local executive bodies, juridical Persons.

        Acts of central and local executive power shall not contradict the Constitution, the

Laws of the Azerbaijan Republic, Decrees, Resolutions of the Cabinet of Ministers of the

Azerbaijan Republic, the Right and Justice ( equal approach to equal interests).

        Judicial Force of the Acts of central and local executive bodies shall be defined by

the President of the Azerbaijan Republic.

        Normative and legal Acts, improving legal status of physical and juridical

persons, removing or mitigating their legal responsibility can have the reverse force.  This

must be specified in the normative and legal Act itself.  Other normative‑legal Acts shall

not have the reverse force.


Article 150.  Municipal Acts.

        Acts passed by Municipalities shall not contradict the Constitution and the Laws

of the Azerbaijan Republic, Decrees, Resolutions of the Cabinet of Ministers of the

Azerbaijan Republic ( and in the Nakhichevan Autonomous Republic ‑ also the

Constitution and the laws of the Nakhichevan Autonomous Republic, Resolutions of the

Cabinet of Ministers of the Nakhichevan Autonomous Republic), the Right and Justice (

equal attitude to equal interests).

        Implementation of Acts passed by the Municipality shall be binding for citizens,

living in its territory, and for juridical Persons settled in this territory.

 

Article 151.  Legal Force of International Acts.

        When disputes, contradictions have arisen between normative‑legal Acts included

in Legislation system of the Azerbaijan Republic( excepting the Constitution of the

Azerbaijan Republic and the Acts, passed via referendum) and International Treaties, of

which the Azerbaijan Republic is a party, the latter ones shall be applied.

 

Section XI.  Changes in Constitution of Azerbaijan Republic.

 

Article 152.  Order of Adopting Changes in Constitution of Azerbaijan

Republic.

        Changes in the text of the Constitution of the Azerbaijan Republic shall be

adopted only via referendum.

 

Article 153.  Initiative of Introducing Changes in Constitution of Azerbaijan

Republic.

        If changes in the text of the Constitution of the Azerbaijan Republic are proposed

by the Milli Mejlis of the Azerbaijan Republic or the President of the Azerbaijan

Republic, then the conclusion of the Constitutional Court on the proposed changes must

be received in advance.

 

Article 154.   Restriction of Authority of the Constitutional Court of the

Azerbaijan Republic.

        The Constitutional Court of the Azerbaijan Republic cannot give a conclusion on

the changes in the text of the Azerbaijan Republic Constitution which are approved via

referendum.

 

Article 155.  Restriction of Initiative of Introducing Changes in Constitution

of the Azerbaijan Republic.

        Proposals on changes in Articles 1, 2, 6, 7, 8 and on restriction of items specified

in the third Chapter of the present Constitution cannot be put forward at the referendum.

 

Section XII. Additions to Constitution of Azerbaijan Republic.

 

 

 


Article 156.  Order of Adopting Additions to the Constitution of the

Azerbaijan Republic.

        Additions to the Constitution of the Azerbaijan Republic shall be adopted as

Constitutional Laws in the Milli Mejlis of the Azerbaijan Republic by a majority of 95

votes.

        Constitutional Laws of the Azerbaijan Republic on Additions to the Constitution

of the Azerbaijan Republic shall be put to the vote at the Milli Mejlis of the Azerbaijan

Republic twice.  The second voting shall be held 6 months after the first voting.

        Constitutional Laws of the Azerbaijan Republic on Supplements to the

Constitution of the Azerbaijan Republic shall be submitted to the President of the

Azerbaijan Republic both after the first voting and after the second voting.

        The Constitutional Laws of the Azerbaijan Republic on Additions to the

Constitution of the Azerbaijan Republic shall come into effect upon the President=s

signing them after the second voting.

        The Constitutional Laws of the Azerbaijan Republic shall be part and parcel of the

Constitution of the Azerbaijan Republic and they shouldn=t contradict the main text of the

Constitution of the Azerbaijan Republic.

 

Article 157.   Initiative on Introducing Additions to Constitution of

Azerbaijan Republic.

        Additions to the Constitution of the Azerbaijan Republic can be put forward by

the President of the Azerbaijan Republic or at least 63 Milli Mejlis members of the

Azerbaijan Republic.

 

Article 158.  Restriction of Initiative on Introducing Additions to

Constitution of Azerbaijan Republic.

        The President of the Azerbaijan Republic or Milli Mejlis members of the

Azerbaijan Republic cannot submit proposals on Additions to the Constitution of the

Azerbaijan Republic concerning provisions  reflected in Sections VI and of the present

Constitution.

 

Transition Provisions.

        1. The Constitution of the Azerbaijan Republic shall come into effect on the basis

of national election (referendum) on the publication day.   The Constitution ( Principal

Law) of the Azerbaijan Republic which was adopted on the 21 of April, 1978 loses its

force on the same day.

         2.  The President of the Azerbaijan Republic from the day of adopting the present

Constitution and up to completing term of office shall perform duties determined by the

present Constitution for the President of the Azerbaijan Republic.

         3. Paragraph 5 of Article 101 of the present Constitution shall affect the President

of the Azerbaijan Republic elected after the adoption of the present Constitution.

         4.  Power of the Milli Mejlis composed of the people=s Deputies of the

Azerbaijan Republic by the Supreme Soviet of the Azerbaijan Republic shall expire on

the day of the first meeting of the newly elected Milli Mejlis of the Azerbaijan Republic.

        The first meeting of the mewly elected Milli Mejlis of the Azerbaijan Republic


shall be held a week after election of no less than 83 Deputies of the Milli Mejlis of the

Azerbaijan Republic.  The first session of the Milli Mejlis of the Azerbaijan Republic

shall last till 31 of May,  1996.

        Article 85 of the Azerbaijan Republic Law AOn Elections to the Milli Mejlis of

the Azerbaijan Republic@ which was adopted on the 15th of August,  1995 shall be in

force till the power expiration of the Milli Mejlis of the Azerbaijan Republic of the first

concocation elected on the basis of the pointed out Law.

        5.The Cabinet of Ministers from the day of passing the present Constitution shall

execute power, defined by the present Constitution.

        6.  From the day of the present Constitution entering into force the power of the

local Soviets of the people=s Deputies of the Azerbaijan Republic shall expire.

        Power referred to local Soviets of people=s Deputies of the Azerbaijan Republic

by the Legislature of the Azerbaijan Republic shall be implemented by local bodies of

Executive Power.

        7.  Within 2 years after the present Constitution has entered into force a Law on

local self‑government shall be passed and elections to municipalities shall be held. 

        8.  Laws and other normative and legal Acts operating in the territory of the

Azerbaijan Republic since the day of the present Constitution adoption shall remain in

force in those parts that do not contradict the present Constitution.

        9.  Courts of the Azerbaijan Republic shall administer justice according to the

authority and principles set up by the present Constitution until the present Costitution

enters into force.

        10. Within one year from the day of adopting the present Constitution

corresponding legislature on the status of judges,  on the structure of a court and court

reform shall be passed and judges of the Azerbaijan Republic shall be re‑appointed.

        Until the pointed out legislature is adopted the appointment of judges to the

position and their removal from position shall be realized on the basis of legislature

which is operative until the present Constitution enters into force.

        11.  After the present Constitution of the Azerbaijan Republic has become

operative a Law of the Azerbaijan Republic on the Constitutional Court of the Azerbaijan

Republic shall be passed and the Constitutional Court of the Azerbaijan Republic shall be

established.  Before the Constitutional Court of the Azerbaijan Republic has been created

authority of the Constitutional Court of the Azerbaijan Republic specified by the present

Constitution shall not be implemented.  The issue stipulated in item 7 paragraph 3 of

Article 130 of the present Constitution shall be settled by the Supreme Court of the

Azerbaijan Republic.

        12. Since the present Constitution becoming effective the highest Arbitrary Court

of the Azerbaijan Republic shall be titled the Economic Court of the Azerbaijan Republic

and shall exercise power stipulated by the effective Legislature.

 

 

(Translation provided by the United States Embassy in Azerbaijan)