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)