زیر مجموعه ها
قانون اساسی آذربایجان ( انگلیسی)
اطلاعات بیشتر قانون | |||
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تصویب شده | قانون اساسی کشور ها | ||
شناسه | 29741839-7985-4124-AE10-035D70EA53B5 | ||
وضعیت | منسوخ نشده |
Azerbaijan Constitution
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{ Adopted on: 12 Nov 1995 }
{ Official name: Constitution of the Azerbaijan Republic }
{ ICL Document Status: 1999 }
{ Editor''s Note:
The ICL edition is based on a text kindly provided by Mr. Raouf Guliyev, Head
of International Relations Department, Constitutional Court of Azerbaijan
Republic. Editorial changes have been made: section references ("First
Section" becomes "Section I" etc.), paragraph numbers ("I" becomes "(1)" etc.),
lists (points become slashes and "1)" becomes "1." etc.), layout of Art. 95
(4), number of Chapter X, paragraph numbers of Art. 7, 124, introduction of
Section VI for transitional clauses, replacement of ''Milli Majlis'' by
''the Parliament [Milli Majlis]'' and of ''Right for freedom'' by
''Right to freedom'', adjustment of dates to ICL format, introduction of
ICL keys and cross-references. }
Section I General
Chapter I People''s Power
Article 1 The source of power
(1) The sole source of state power in the Azerbaijan Republic are the people of
Azerbaijan.
(2) People of Azerbaijan are citizens of the Azerbaijan Republic living on the
territory of the Azerbaijan Republic and outside it who are subordinate to the
Azerbaijan state and its laws which does not exclude standards of international
legislation.
Article 2 Sovereignty of people
(1) Sovereign right of the Azerbaijanian people is the right of free and
independent determination of their destiny and establishment of their own form
of governance.
(2) The people of Azerbaijan exercise their sovereign right directlyemdash by
way of nation-wide votingemdash referendum, and through their representatives
elected based on universal, equal and direct suffrage by way of free, secret
and personal ballot.
Article 3 Questions solved by way of nation-wide votingemdash referendum
(1) People of Azerbaijan may solve any questions involving their rights and
interests by way of referendum.
(2) The following questions may be solved only by way of referendum:
1. acceptance of the Constitution of the Azerbaijan Republic and introduction
of amendments thereto;
2. change of state borders of the Azerbaijan Republic.
Article 4 Right to represent the people
No one except authorized representatives elected by the people will have the
right to represent the people, speak on behalf of people and to make statements
on behalf of people.
Article 5 Unity of people
(1) The people of Azerbaijan are united.
(2) Unity of the Azerbaijanian people constitutes the basis of the
Azerbaijanian state. Azerbaijan Republic is mutual and indivisible motherland
for all citizens of the Azerbaijan Republic.
Article 6 Inadmissibility of usurpation of power
(1) No part of people of Azerbaijan, no social group or organization, no
individual may usurp the right for execcution of power.
(2) Usurpation of power is the most grave crime against the people.
Chapter II Basis of State
Article 7 Azerbaijanian state
(1) Azerbaijanian state is democratic, legal, secular, unitary republic.
(2) In terms of internal problems state power in the Azerbaijan Republic is
limited only by law, in terms of foreign policyemdash by provisions resulting
from international agreements, wherein the Azerbaijan Republic is one of the
parties.
(3) State power in the Azerbaijan Republic is based on a principle of division
of powers:
the Parliament [Milli Majlis] of the Azerbaijan Republic exercises legislative
power;
execcutive power belongs to the President of the Azerbaijan Republic;
law courts of the Azerbaijan Republic exercise judicial power.
(4) According to provisions of the present Constitution legislative,
execcutive and judicial power interact and are independent within the limits
of their authority.
Article 8 The Head of the Azerbaijanian state
(1) The President of the Azerbaijan Republic is the Head of the Azerbaijanian
state. He represents Azerbaijanian state both within the country and in its
relations with foreign countries.
(2) The President of the Azerbaijan Republic represents unity of Azerbaijanian
people and provides continuity of the Azerbaijanian statehood.
(3) The President of the Azerbaijan Republic is guarantor of independence and
territorial integrity of the Azerbaijanian state, observance of international
agreements wherein the Azerbaijan Republic is one of the parties.
(4) The President of the Azerbaijan Republic is guarantor of independence of
judicial power.
Article 9 Military forces
(1) In order to provide its safety and defend itself the Azerbaijan Republic
establishes Military forces and other military troops.
(2) The Azerbaijan Republic rejects a war as a means of infringement on
independence of other states and way of settlement of international conflicts.
(3) The President of the Azerbaijan Republic is the Supreme Commander-in-Chief
of Military Forces of the Azerbaijan Republic.
Article 10 Principles of international relations
Azerbaijan Republic develops its relations with other countries based on
principles recognized in international legal standards.
Article 11 Territory
(1) The territory of the Azerbaijan Republic is sole, inviolable and
indivisible.
(2) Internal waters of the Azerbaijan Republic, sector of the Caspian Sea
(lake) belonging to the Azerbaijan Republic, air space over the Azerbaijan
Republic are integral parts of the territory of the Azerbaijan Republic.
(3) No part of territory of the Azerbaijan Republic may be estranged. The
Azerbaijan Republic will not give any part of its territory to anybody; state
borders of the Azerbaijan Republic might be changed only by free decision of
its peoples made by way of referendum declared by the Parliament [Milli Majlis]
of the Azerbaijan Republic.
Article 12 The highest priority objecttive of the state
(1) The highest priority objecttive of the state is to provide rights and
liberties of a person and citizen.
(2) Rights and liberties of a person and citizen listed in the present
Constitution are implemented in accordance with international treaties wherein
the Azerbaijan Republic is one of the parties.
Article 13 Property
(1) The property in the Azerbaijan Republic is inviolable and is protected by
state.
(2) The property may be state, private and municipal.
(3) The property may not be used for restriction of rights and liberties of a
person and citizen, interests of society and state, dignity of a person.
Article 14 Natural resources
Without prejudice to rights and interests of any physical persons and legal
entities natural resources belong to the Azerbaijan Republic.
Article 15 Economic development and state
(1) Development of economy based on various forms of property in the Azerbaijan
Republic is aimed to prosperity of people.
(2) Based on market relationships the Azerbaijanian state createes conditions
for development of economy, guarantees free business activity, prevents
monopoly and unfair competition in economic relations.
Article 16 Social development and state
(1) Azerbaijanian state takes care about improvement of prosperity of all
people and each citizen, their social protection and proper living conditions.
(2) Azerbaijanian state participates in development of culture, education,
public health, science, arts, protects environment, historical, material and
spiritual heritage of people.
Article 17 Family and state
(1) Family as a basic element of society is under special protection of the
state.
(2) Parents must take care of their children and their education. The state
controls implementation of this responsibility.
Article 18 Religion and state
(1) Religion in the Azerbaijan Republic is separated from state. All religions
are equal before the law.
(2) Spreading and propaganda of religions humiliating people''s dignity and
contradicting the principles of humanism are prohibited.
(3) State educational system is secular
Article 19 Monetary unit
(1) Monetary unit of the Azerbaijan Republic is manat.
(2) Only National Bank has the right of introducing money into circulation and
withdrawal them from circulation. National Bank of the Azerbaijan Republic
belongs exclusively to the state.
(3) Use of other monetary units, besides manat, on the territory of the
Azerbaijan Republic is prohibited.
Article 20 Restrictions concerning state debts
Debts made with intention of assisting in revolts against the Azerbaijanian
state or coup shall not be accepted by the Azerbaijan Republic as liabilities
and paid.
Article 21 Official language
(1) Azerbaijanian language is official language of the Azerbaijan Republic.
Azerbaijan Republic provides development of the Azerbaijanian language.
(2) Azerbaijan Republic ensures free use and development of other languages
spoken by the people.
Article 22 Capital
Baku is the capital of the Azerbaijan Republic.
Article 23 Symbols of the Azerbaijanian state
(1) State flag of the Azerbaijan Republic, State Emblem of the Azerbaijan
Republic and State hymn of the Azerbaijan Republic are state symbols of the
Azerbaijan Republic.
State flag of the Azerbaijan Republic consists of three horizontal stripes of
same width. Upper stripe is blue, middle stripe is red, and the lower one is
green; in the middle of red stripe on both sides of the flag white crescent
with eight-pointed star are depicted. Width of the flag constitutes half of its
length
(3) Appearance of state flag of the Azerbaijan Republic and State Emblem of the
Azerbaijan Republic, music and text of State hymn of the Azerbaijan Republic
are specified by Constitutional Law of the Azerbaijan Republic.
Section II Basic Rights, Liberties and Responsibilities
Chapter III Basic Rights and Liberties of a Person and Citizen
Article 24 Main principle of rights and liberties of a person and citizen
(1) Everyone, from the moment when they are born possess inviolable and
inalienable rights and liberties.
(2) Rights and liberties envisage also responsibility and obligations of
everyone to the society and other persons.
Article 25 Right for equality
(1) All people are equal with respect to the law and law court.
(2) Men and women possess equal rights and liberties.
(3) The state guarantees equality of rights and liberties of everyone,
irrespective of race, nationality, religion, language, sex, origin, financial
position, occupation, political convictions, membership in political parties,
trade unionns and other public organizations. Rights and liberties of a
person, citizen cannot be restricted due to race, nationality, religion,
language, sex, origin, conviction, political and social belonging.
Article 26 Protection of rights and liberties of a person and citizen
(1) Everyone has the right to protect his/her rights and liberties using means
and methods not prohibited by law.
(2) The state guarantees protection of rights and liberties of all people.
Article 27 Right for life
(1) Everyone has the right for life.
(2) Except extermination of enemy soldiers in a case of military aggression,
when execcuting the sentence and in other cases envisaged by law, right of
every person for life is inviolable.
(3) Death penalty, until it is completely annulled, may be applied legally only
in cases of especially grave crime against the state, life and health of a
human being.
(4) Arms shall not be used against human beings except cases of necessary
defence, urgent situations, whenever a criminal should be caught, to prevent a
prisoner from running away, to prevent revolt against the state or coup, to
carry out orders given by authorized persons during martial law or state of
emergency, military aggression.
Article 28 Right to freedom
(1) Everyone has the right to freedom.
(2) Right to freedom might be restricted only as specified by law, by way of
detention, arrest or imprisonment.
(3) Everyone legally being on the territory of the Azerbaijan Republic may
travel without restrictions, choose the place of residence and travel abroad.
(4) Any citizen of the Azerbaijan Republic has the right to return to his/her
country whenever he/she so desires.
Article 29 Ownership right
(1) Everyone has the right to own property.
(2) Neither kind of property has priority. Ownership right including right for
private owners is protected by law.
(3) Everyone might possess movable and real property. Right of ownership
envisages the right of owner to possess, use and dispose of the property
himself/herself or jointly with others.
(4) Nobody shall be deprived of his/her property without decision of law court.
Total confiscation of the property is not permitted. Alienation of the property
for state or public needs is permitted only after preliminary fair
reimbursement of its cost.
(5) The state guarantees succession rights.
Article 30 Right for intellectual property
(1) Everyone has the right for intellectual property.
(2) Copyright, patent rights and other rights for intellectual property are
protected by law.
Article 31 Right to live in safety
(1) Everyone has the right to live in safety.
(2) Except cases envisaged by law it is prohibited to infringe on anybody''s
life, physical and spiritual health, property, living premises, to commit acts
of violence.
Article 32 Right for personal immunity
(1) Everyone has the right for personal immunity.
(2) Everyone has the right for confidentiality concerning personal and family
life. Except cases envisaged by legislation interference in personal life is
prohibited.
(3) Gaining, storing, use and spreading information about the person private
life without his/her consent is not permitted.
(4) The state guarantees everyone the right for confidentiality with respect to
correspondence, telephone communications, post, telegraph messages and
information sent by other communication means. This right might be restricted,
as specified by legislation, to prevent crime or to find out true facts when
investigating criminal case.
Article 33 Right for sanctity of home
(1) Everyone has the right for sanctity of his/her home.
(2) Except cases specified by law or decision of law court nobody has the right
to enter private home against the will of its inhabitants.
Article 34 Right for marriage
(1) Everyone has the right to marry on reaching the age specified by
legislation.
(2) Marriages shall be concluded voluntarily. Nobody should be forced into
marriage.
(3) Family and marriage are protected by state. Maternity, paternity and
childhood are protected by the law. The state provides support to large
families.
(4) Rights of wife and husband are equal. Care and education of children
constitute both right and responsibility of parents.
(5) Responsibility of children is to respect parents, look after them. Children
who are of age (18) and capable of working must support disabled parents.
Article 35 Right to work
(1) Labor is the basis of personal and public prosperity.
(2) Everyone has the right to choose independently, based on his/her abilities,
kind of activity, profession, occupation and place of work.
(3) Nobody might be forced to work.
(4) Labor agreements are concluded voluntarily. Nobody may be forced to
conclude labor agreement.
(5) Based on decisions of the law court there might be cases of forced labor,
terms and conditions being specified by legislation; forced labor is
permissible due to orders of authorized persons during the term of army
service, state of emergency or martial law.
(6) Everyone has the right to work in safe and healthy conditions, to get
remuneration for his/her work without any discrimination, not less than minimum
wages rate established by the state.
(7) Unemployed persons have the right to receive social allowances from the
state.
(8) The state will do its best to liquidate unemployment.
Article 36 Right for strikes
(1) Everyone has the right to be on strike, both individually and together with
others.
(2) Right for strike for those working based on labor agreements might be
restricted only in cases envisaged by the law. Soldiers and civilians employed
in the Army and other military formations of the Azerbaijan Republic have no
right to go on strike.
(3) Individual and collective labor disputes are settled in line with
legislation.
Article 37 Right for rest
(1) Everyone has the right for rest.
(2) For those working based on labor agreements 8-hour working day, national
holidays and at least one paid vacation with duration of at least 21 calendar
days are guaranteed.
Article 38 Right for social protection
(1) Everyone has the right for social protection.
(2) Most vulnerable persons must get support, in the first place, from members
of their families.
(3) Everyone has the right for social protection on reaching specific age
according to legislation, in case of illness, disability, loss of bread-winner
in the family, due to unemployment and in other cases envisaged by legislation.
(4) Minimum sum of pensions and social allowances is specified by law.
(5) The state createes possibilities for development of charritable activity,
voluntary social insurance and other forms of social protection.
Article 39 Right to live in healthy environment
(1) Everyone has the right to live in healthy environment.
(2) Everyone has the right to gain information about true ecological situation
and to get compensation for damage done to his/her health and property because
of violation of ecological requirements.
Article 40 Right for culture
(1) Everyone has the right to take part in cultural life, to use organizations
and values of culture.
(2) Everyone must respect historical, cultural and spiritual inheritance, take
care of it, protect historical and cultural memorials.
Article 41 Right for protection of health
(1) Everyone has the right for protection of his/her health and for medical
care.
(2) The state takes all necessary measures for development of all forms of
health services based on various forms of property, guarantees
sanitary-epidemiological safety, createes possibilities for various forms of
medical insurance.
(3) Officials concealing facts and cases dangerous for life and health of
people will bear legal responsibility.
Article 42 Right for education
(1) Every citizen has the right for education.
(2) The state guarantees free obligatory secondary education.
(3) The system of education is under the state control.
(4) The state guarantees continuation of education for most gifted persons
irrespective of their financial position.
(5) The state establishes minimum educational standards.
Article 43 Right for home
(1) Nobody might be deprived of his/her home.
(2) The state assists in construction of living premises, takes special
measures for realization of right for home.
Article 44 Right for nationality
(1) Everyone has the right to keep his/her nationality.
(2) Nobody may be forced to change his/her nationality.
Article 45 Right to use mother tongue
(1) Everyone has the right to use his/her mother tongue. Everyone has the right
to be educated, carry out creative activity in any language, as desired.
(2) Nobody may be deprived of right to use his/her mother tongue.
Article 46 Right to defend the honor and dignity
(1) Everyone has the right to defend his/her honor and dignity.
(2) Dignity of a person is protected by state. Nothing must lead to humiliation
of dignity of human being.
(3) Nobody must be subject to tortures and torment, treatment or punishment
humiliating the dignity of human beings. Medical, scientific and other
experiments must not be carried out on any person without his/her consent.
Article 47 Freedom of thought and speech
(1) Everyone may enjoy freedom of thought and speech.
(2) Nobody should be forced to promulgate his/her thoughts and convictions or
to renounce his/her thoughts and convictions.
(3) Propaganda provoking racial, national, religious and social discord and
animosity is prohibited.
Article 48 Freedom of conscience
(1) Everyone enjoys the freedom of conscience.
(2) Everyone has the right to define his/her attitude to religion, to profess,
individually or together with others, any religion or to profess no religion,
to express and spread one''s beliefs concerning religion.
(3) Everyone is free to carry out religious rituals, however this should not
violate public order and contradict public morals.
(4) Religious beliefs and convictions do not excuse infringements of the law.
Article 49 Freedom of meetings
(1) Everyone has the right for meetings.
(2) Everyone has the right, havingg notified respective governmental bodies in
advance, peacefully and without arms, meet with other people, organize
meetings, demonstrations, processions, place pickets.
Article 50 Freedom of information
(1) Everyone is free to look for, acquire, transfer, prepare and distribute
information.
(2) Freedom of mass media is guaranteed. State censorship in mass media,
including press is prohibited.
Article 51 Freedom of creative activity
(1) Everyone is free to carry out creative activity.
(2) The state guarantees freedom in literary-artistic, scientific-technical and
other kinds of creative activity.
Article 52 Right for citizenship
A person havingg political and legal relations with the Azerbaijan Republic
and also mutual rights and obligations is the citizen of the Azerbaijan
Republic. A person born on the territory of the Azerbaijan Republic or by
citizens of the Azerbaijan Republic is the citizen of the Azerbaijan Republic.
A person is the citizen of the Azerbaijan Republic if one of his/her parents is
the citizen of the Azerbaijan Republic.
Article 53 Guarantee of right for citizenship
(1) In no circumstances a citizen of the Azerbaijan Republic may be deprived of
citizenship of the Azerbaijan Republic.
(2) In no circumstances a citizen of the Azerbaijan Republic may be expelled
from the Azerbaijan Republic or extradited to foreign state.
(2) The Azerbaijan Republic ensures legal protection and patronizes citizens of
the Azerbaijan Republic temporarily or permanently living outside the Republic.
Article 54 Right to take part in political life of society and state
(1) Citizens of the Azerbaijan Republic have the right to take part in
political life of society and state without restrictions.
(2) Any citizen of the Azerbaijan Republic has the right himself to stand up to
the attempt of rebellion against the state or state coup.
Article 55 Right to take part in governing the state
(1) Citizens of the Azerbaijan Republic have the right to take part in
governing the state. They may exercise said right themselves or through their
representatives.
(2) Citizens of the Azerbaijan Republic have the right to work in governmental
bodies. Officials of state bodies are appointed from citizens of the Azerbaijan
Republic. Foreign citizens and stateless citizens may be employed into state
organizations in an established order.
Article 56 Electoral right
(1) Citizens of the Azerbaijan Republic have the right to elect and be elected
to state bodies and also to take part in referendum.
(2) Those recognized incapable by law court have no right to take part in
elections and in referendum.
(3) Participation in elections of military personnel, judges, state employees,
religious officials, persons imprisoned by decision of law court, other persons
specified in the present Constitution and laws might be restricted by law.
Article 57 Right to appeal
(1) Citizens of the Azerbaijan Republic have the right to appeal personally and
also to submit individual and collective written applications to state bodies.
Each application should be responded to in an established order and term.
(2) Citizens of the Azerbaijan Republic have the right to criticize activity or
work of state bodies, their officials, political parties, trade unionns, other
public organizations and also activity or work of individuals. Prosecution for
criticism is prohibited. Insult or libel shall not be regarded as criticism.
Article 58 Right for joining
(1) Everyone is free to join other people.
(2) Everyone has the right to establish any unionn, including political party,
trade unionn and other public organization or enter existing organizations.
Unrestricted activity of all unionns is ensured.
(3) Nobody may be forced to joint any unionn or remain its member.
(4) Activity of unionns intended for forcible overthrow of legal state power
on the whole territory of the Azerbaijan Republic or on a part thereof is
prohibited. Activity of unionns which violates the Constitution and laws might
be stopped by decision of law court.
Article 59 Right for business activity
Everyone may, using his/her possibilities, abilities and property, according to
existing legislation, individually or together with other citizens, carry out
business activity or other kinds of economic activity not prohibited by the
law.
Article 60 Guarantee of rights and liberties by law court
(1) Legal protection of rights and liberties of every citizen is ensured.
(2) Everyone may appeal to law court regarding decisions and activity (or
inactivity) of state bodies, political parties, trade unionns, other public
organizations and officials.
Article 61 Right for legal advice
(1) Everyone has the right for obtaining qualified legal advice.
(2) In specific cases envisaged by legislation legal advice shall be rendered
free, at the governmental expense.
(3) Every citizen has the right for the lawyer''s advice from the moment of
detention, arrest or accusation with crime by competent state bodies.
Article 62 Inadmissibility of change of legal jurisdiction
Everyone has the right for consideration of his/her case in the law court
specified by the legislation. Case of the person shall not be considered in
other law court without the person''s consent.
Article 63 Presumption of innocence
(1) Everyone is entitled for presumption of innocence. Everyone who is accused
of crime shall be considered innocent until his guilt is proved legally and if
no verdict of law court has been brought into force.
(2) A person under suspicion of crime must not be considered guilty.
(3) A person accused of crime does not need to prove his/her innocence.
(4) Proofs received against the law must not be used when administering
justice.
(5) Nobody may be accused of crime without the verdict of law court.
Article 64 Inadmissibility of repeated conviction for one and the same crime
Nobody may be repeatedly sentenced for one and the same crime.
Article 65 Right for repeated appeal to the law court
Every person convicted by the law court has the right to appeal, as specified
by the law, to the higher law court asking for reconsideration of the verdict
and also for pardon and mitigation of the sentence.
Article 66 Inadmissibility of testifying against relations
Nobody may be forced to testify against him/herself, wife (husband), children,
parents, brother, sister. Complete list of relations against whom testifying is
not obligatory is specified by law.
Article 67 Rights of detained, arrested, accused in crime
Every person, detained, arrested, accused in crime should be immediately
advised by competent state bodies about his/her rights, reasons of his arrest
and institution of criminal proceeding against him/her.
Article 68 Right for compensation of losses
(1) Rights of the person suffered from crime and also from usurpation of power
are protected by law. Suffered person has the right to take part in
administration of justice and demand for compensation of losses.
(2) Everyone has the right for compensation by the state of losses borne as a
result of illegal actions or non-action of state bodies or their officials.
Article 69 Right of foreign citizens and stateless persons
(1) Foreign citizens and stateless persons staying in the Azerbaijan Republic
may enjoy all rights and must fulfil all obligations like citizens of the
Azerbaijan Republic if not specified by legislation or international agreement
in which the Azerbaijan Republic is one of the parties.
(2) Rights and liberties of foreign citizens and stateless persons permanently
living or temporarily staying on the territory of the Azerbaijan Republic may
be restricted only according to international legal standards and laws of the
Azerbaijan Republic.
Article 70 Right for political refuge
(1) In accordance with recognized international legal standards the Azerbaijan
Republic grants political refuge to foreign citizens and stateless persons.
(2) Extradition of persons persecuted for their political beliefs and also for
acts which are not regarded as crime in the Azerbaijan Republic is not
permitted.
Article 71 Protection of rights and liberties of a human being and citizen
(1) To observe and to protect rights and liberties of a human being and citizen
specified in the Constitutionemdash is responsibility of bodies of
legislative, execcutive and legal power.
(2) No one may restrict implementation of rights and liberties of a human being
and citizen.
(3) Rights and liberties of a human being and citizen may be partially and
temporarily restricted only on announcement of war, martial law and state of
emergency, and also mobilization, taking into consideration international
obligations of the Azerbaijan Republic. Population of the Republic shall be
notified in advance about restrictions as regards their rights and liberties.
(4) Nobody, in no circumstances may be forced to promulgate his/her religious
and other beliefs, thoughts and to be persecuted for such.
(5) None of the provisions of Constitution may be interpreted as regulation
directed to prohibition of rights and liberties of a human being and citizen.
(6) Rights and liberties of a human being and citizen act on the territory of
the Azerbaijan Republic by themselves.
(7) Any arguments related to violation of rights and liberties of a human being
and citizen are settled in law courts.
(8) No one will be responsible for acts which were not considered criminal at
the moment of their implementation. If after the crime new law was introduced
envisaging no responsibility or mitigation of responsibility, said new law
shall apply.
Chapter IV Main Responsibilities of Citizens
Article 72 Main responsibilities of citizens
(1) Everyone has obligations to the state and society directly resulting from
his/her rights and liberties.
(2) Everyone must follow provisions of the Constitution and Laws of the
Azerbaijan Republic, respect rights and liberties of other persons, fulfil
other obligations envisaged by the law.
(3) Not knowing the law does not release from responsibility.
Article 73 Taxes and other state duties
(1) Everyone must pay taxes and other state duties in-time and in full volume
as required.
Nobody may be forced to pay taxes and other state duties if they are not
envisaged in the law and in excess of amount specified therein.
Article 74 Loyalty to motherland
(1) Loyalty to motherland is sacred.
(2) Persons working in legislative, execcutive or judicial power bodies who
were elected and appointed to their posts are responsible for accurate and
conscientious fulfilment of their obligations and, whenever required by the
law, make an oath.
(3) Person working in legislative, execcutive or judicial power bodies who was
elected and appointed to his/her post and made an oath regarding the
Constitution of the Azerbaijan Republic shall be considered dismissed and will
not be able to take this position if he/she was accused in crime against the
state, including rebellion or state coup and has been sentenced based on this
accusation.
Article 75 Respect for state symbols
Every citizen must respect state symbols of the Azerbaijan Republic --- its
banner, state emblem and hymn.
Article 76 Defence of motherland
(1) Defence of motherland is duty of any citizen. Citizens of the Republic
serve in the army according to legislation.
(2) If beliefs of citizens come into conflict with service in the army then in
some cases envisaged by legislation alternative service instead of regular army
service is permitted.
Article 77 Protection of historical and cultural memorials
Every citizen is responsible for protection of historical and cultural
memorials.
Article 78 Protection of environment
Every citizen is responsible for protection of environment.
Article 79 Inadmissibility of fulfilment of obligations contradicting the
legislation
No one may be forced to carry out obligations contradicting the Constitution
and laws of the Azerbaijan Republic.
Article 80 Responsibility
Violation of provisions of the present Constitution and laws of the Azerbaijan
Republic including usurpation of rights and liberties and also failure to
fulfil responsibilities specified in the present Constitution and laws of the
Azerbaijan Republic are persecuted.
Section III State Power
Chapter V Legislative Power
Article 81 Implementation of legislative power
Legislative power in the Azerbaijan Republic is implemented by the Parliament
[Milli Majlis] of the Azerbaijan Republic.
Article 82 Number of deputies in the Parliament [Milli Majlis] of the
Azerbaijan Republic
The Parliament [Milli Majlis] of the Azerbaijan Republic consists of 125
deputies.
Article 83 Procedure of elections of deputies of the Parliament [Milli
Majlis] of the Azerbaijan Republic
Deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic are
elected based on majority and proportional voting systems and general, equal
and direct elections by way of free, individual and secret voting.
Article 84 Term of authority of a calling of the Parliament [Milli Majlis]
of the Azerbaijan Republic
(1) Term of authority of each calling of the Parliament [Milli Majlis] of the
Azerbaijan Republic is 5 years.
(2) Elections for each calling of the Parliament [Milli Majlis] of the
Azerbaijan Republic take place every 5 years on a first Sunday of November.
(3) Term of authority of deputies of the Parliament [Milli Majlis] of the
Azerbaijan Republic is restricted by term of authority of respective calling of
the Parliament [Milli Majlis] of the Azerbaijan Republic.
(4) If new elections of deputies to replace retired deputies of the Parliament
[Milli Majlis] of the Azerbaijan Republic are carried out, then term of
authority of newly elected deputy corresponds to remaining term of authority of
respective retired deputy.
Article 85 Requirements to candidates to the posts of deputies of the
Parliament [Milli Majlis] of the Azerbaijan Republic
(1) Every citizen of the Azerbaijan Republic not younger than 25 may be elected
the deputy of the Parliament [Milli Majlis] of the Azerbaijan Republic in an
established order.
(2) Persons havingg double citizenship, those havingg obligations to other
states, those working in the bodies of execcutive or judicial power, persons
involved in other payable activity except scientific, pedagogical and creative
activity, religious men, persons whose incapacity has been confirmed by law
court, those condemned for grave crime, serving a sentence due to verdict of
law court may not be elected the deputies of the Parliament [Milli Majlis] of
the Azerbaijan Republic.
Article 86 Inspection and approval of results of elections of deputies of
the Parliament [Milli Majlis] of the Azerbaijan Republic
Accuracy of results of elections is checked and approved by Constitutional
Court of the Azerbaijan Republic as specified in the law.
Article 87 End of the term of authority of deputies of the Parliament [Milli
Majlis] of the Azerbaijan Republic
(1) Term of authority of deputies of the Parliament [Milli Majlis] of the
Azerbaijan Republic ends on a day of first meeting of new calling of the
Parliament [Milli Majlis] of the Azerbaijan Republic.
(2) Elections of deputies to replace those who left the Parliament [Milli
Majlis] of the Azerbaijan Republic shall not be held if less than 25 days
remains to the end of term of authority of the Parliament [Milli Majlis] of the
Azerbaijan Republic.
(3) the Parliament [Milli Majlis] of the Azerbaijan Republic will have powers
after authority of 83 of its deputies has been approved.
Article 88 Sessions of the Parliament [Milli Majlis] of the Azerbaijan
Republic
(1) Every year two sessions of the Parliament [Milli Majlis] of the Azerbaijan
Republic are held.
Spring session begins on 1 Feb and continues until 31 May.
Autumn session begins on 30 Sep and continues until 30 Dec.
If 1 Feb and 30 Sep fall on holidays the session will begin on the following
working day.
After approval of authority of 83 deputies of the Parliament [Milli Majlis] of
the Azerbaijan Republic the first meeting of the Parliament [Milli Majlis] of
the Azerbaijan Republic shall be summoned within 1 week beginning from the day
of approval.
If after elections to the Parliament [Milli Majlis] of the Azerbaijan Republic,
authority of 83 its deputies has not been approved before 1 Feb then day of
opening of the first meeting of the Parliament [Milli Majlis] of the Azerbaijan
Republic will be established by Constitutional Court of the Azerbaijan
Republic.
(2) Extraordinary sessions of the Parliament [Milli Majlis] of the Azerbaijan
Republic will be summoned by the Chairman of the Parliament [Milli Majlis] of
the Azerbaijan Republic at request of the President of the Azerbaijan Republic
or 42 deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic.
(3) Agenda of extraordinary session will be prepared by those who summoned said
session. After the questions of agenda have been discussed extraordinary
session ends.
Article 89 Deprivation of deputies of the Parliament [Milli Majlis] of the
Azerbaijan Republic of their mandates and loss of powers by the deputy of the
Parliament [Milli Majlis] of the Azerbaijan Republic
(1) The deputy of the Parliament [Milli Majlis] of the Azerbaijan Republic
looses his/her mandate in the following cases:
whenever during the elections there was falsification in calculation of votes;
1. on giving up the citizenship of the Azerbaijan Republic or accepting other
citizenship;
2. on commitment of crime and whenever there is valid verdict of law court;
3. on taking position in state bodies, post in religious organizations,
involvement in business, commercial or other paid activity (except scientific,
pedagogical and creative activity);
4. on a voluntary basis;
5. on abolition of a party the deputy belongs to.
Decision about deprivation of the deputy of the Parliament [Milli Majlis] of
the Azerbaijan Republic of his mandate is taken as specified in legislation.
(2) Whenever deputies of the Parliament [Milli Majlis] of the Azerbaijan
Republic are not able to fulfil their obligations and in other cases specified
by law their authority is considered terminated. Procedure of taking respective
decision is determined by the law.
Article 90 Immunity of deputies of the Parliament [Milli Majlis] of the
Azerbaijan Republic
(1) A deputy of the Parliament [Milli Majlis] of the Azerbaijan Republic enjoys
immunity during the whole term of his powers. Except cases when the deputy may
be caught in the act of crime, the deputy of the Parliament [Milli Majlis] of
the Azerbaijan Republic may not be called to criminal responsibility during the
whole term of his/her authority, arrested, disciplinary measures may not be
applied to him by law court, he may not be searched. The deputy of the
Parliament [Milli Majlis] of the Azerbaijan Republic may be arrested only if he
/she has been caught at a place of crime. In such case the body which detained
the deputy of the Parliament [Milli Majlis] of the Azerbaijan Republic must
immediately notify General Procurator of the Azerbaijan Republic about the
fact.
(2) Immunity of deputy of the Parliament [Milli Majlis] of the Azerbaijan
Republic might be stopped only by decision of the Parliament [Milli Majlis] of
the Azerbaijan Republic based on application of General Procurator of the
Azerbaijan Republic.
Article 91 Prohibition on institution of proceedings against deputies of the
Parliament [Milli Majlis] of the Azerbaijan Republic
Deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic cannot be
made responsible for their activity in the Parliament [Milli Majlis] of the
Azerbaijan Republic, voting in the Parliament [Milli Majlis] of the Azerbaijan
Republic and statements made in the Parliament [Milli Majlis] of the Azerbaijan
Republic. Without the deputies'' consent, in connection with such cases, they
are not obliged to give explanations and evidence.
Article 92 Organization of work of the Parliament [Milli Majlis] of the
Azerbaijan Republic
The Parliament [Milli Majlis] of the Azerbaijan Republic determines procedure
of its activity, elects its chairman and his deputies, organizes permanent and
other commissions, establishes Counting Chamber.
Article 93 Acts of the Parliament [Milli Majlis] of the Azerbaijan Republic
(1) The Parliament [Milli Majlis] of the Azerbaijan Republic accepts
Constitutional laws and decrees regarding the questions of its competence.
(2) Constitutional laws, laws and decrees are taken in the Parliament [Milli
Majlis] of the Azerbaijan Republic in an order specified in the present
Constitution.
(3) Deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic
exercise their voting right personally.
(4) Specific orders to the bodies of execcutive power and law courts cannot be
envisaged in laws and decrees of the Parliament [Milli Majlis] of the
Azerbaijan Republic.
Article 94 General rules established by the Parliament [Milli Majlis] of the
Azerbaijan Republic
(1) The Parliament [Milli Majlis] of the Azerbaijan Republic establishes
general rules concerning the following matters:
1. use of rights and liberties of a person and citizen specified in the present
Constitution, state guarantees of these rights and liberties;
2. elections of the President of the Azerbaijan Republic;
3. elections to the Parliament [Milli Majlis] of the Azerbaijan Republic and
status of deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic;
4. referendum;
5. judicial system and status of judges; procurator''s office, the bar and
notary''s offices;
6. legal proceedings, execcution of court verdicts;
7. elections to municipalities and status of municipalities;
8. state of emergency; martial law;
9. state awards;
10. status of physical persons and legal entities;
11. objectts of civil law;
12. transactions, civil-legal agreements, representation and inheritance;
13. right of property, including legal regime of state, private and municipal
property, right of intellectual property, other proprietary rights; liability
right;
14. family relationships, including guardianship and trusteeship;
15. basis of financial activityemdash taxes, duties and charrges;
16. labor relationships and social maintenance;
17. interpretation of crime and other violations of law; establishment of
responsibility for these acts;
18. defence and military service;
19. governmental employment;
20. basis of security;
21. territorial arrangement; regime of state borders;
22. ratification and denunciation of international treaties;
23. communications and transport;
24. statistics; metrology and standards;
25. customs;
26. commerce and stock exchange activity;
27. banking business, accounting, insurance.
(2) As per questions specified in paragraphs 2, 3, 4 of the present Article the
laws are approved by majority of 83 votes, as per other questionsemdash by
majority of 63 votes.
(3) The first part of the present Article might be supplemented with the
Constitutional law.
Article 95 Competence of the Parliament [Milli Majlis] of the Azerbaijan
Republic
(1) The following questions fall under the competence of the Parliament [Milli
Majlis] of the Azerbaijan Republic:
1. organization of work of the Parliament [Milli Majlis] of the Azerbaijan
Republic;
2. based on recommendation by the President of the Azerbaijan Republic
establishment of diplomatic representations of the Azerbaijan Republic;
3. administrative-territorial division;
4. ratification and denunciation of international agreements;
5. based on recommendation by the President of the Azerbaijan Republic approval
of state budget of the Azerbaijan Republic and control over its execcution;
6. amnesty;
7. based on recommendation by the President of the Azerbaijan Republic approval
of military doctrine of the Azerbaijan Republic;
8. in cases specified in the present Constitution approval of decrees of the
President of the Azerbaijan Republic;
9. based on recommendation by the President of the Azerbaijan Republic giving
consent for appointment of Prime-minister of the Azerbaijan Republic;
10. based on recommendation by the President of the Azerbaijan Republic
appointment of judges of Constitutional Court of the Azerbaijan Republic,
Supreme Court of the Azerbaijan Republic and Economic Court of the Azerbaijan
Republic;
11. based on recommendation by the President of the Azerbaijan Republic giving
consent for appointment and dismissal of General Procurator of the Azerbaijan
Republic;
12. dismissal of the President of the Azerbaijan Republic by way of impeachment
based on recommendation of Constitutional Court of the Azerbaijan Republic;
13. based on recommendation by the President of the Azerbaijan Republic
dismissal of judges;
14. taking decision regarding a vote of confidence in the Cabinet of Ministers
of the Azerbaijan Republic;
15. based on recommendation by the President of the Azerbaijan Republic
appointment and dismissal of members of Administration Board of National Bank
of the Azerbaijan Republic;
16. based on recommendation by the President of the Azerbaijan Republic giving
consent for enlistment of Military Forces of the Azerbaijan Republic to
operations other than their normal duties;
17. based on request of the President of the Azerbaijan Republic giving consent
for announcement of war and conclusion of peace treaty;
18. announcement of referendum;
19. establishment of Auditor Chamber.
(2) As per questions specified in paragraphs 1-5 of the present Article the
laws are approved by majority of 63 votes, as per other questions decrees are
approved in the same order if not specified otherwise by the present
Constitution.
(3) Decrees are also taken regarding other questions which due to the present
Constitution fall under the competence of the Parliament [Milli Majlis] of the
Azerbaijan Republic.
(4) The first part of the present Article may be supplemented with the
Constitutional law.
Article 96 Right of legislative initiative
(1) Right of legislative initiative in the Parliament [Milli Majlis] of the
Azerbaijan Republic (right to submit for consideration by the Parliament [Milli
Majlis] of the Azerbaijan Republic drafts of laws and other questions) belongs
to deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic, the
President of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic
and Ali Majlis of Nakhichevan Autonomous Republic.
(2) Drafts of laws or decrees submitted for consideration by the Parliament
[Milli Majlis] of the Azerbaijan Republic by the President of the Azerbaijan
Republic, Supreme Court of the Azerbaijan Republic or Ali Majlis of Nakhichevan
Autonomous Republic, as legislative initiative, are put to the vote as they
are.
(3) Amendments in such drafts of laws or decrees are introduced by consent of
the body which used the right of legislative initiative.
(4) Drafts of laws or decrees submitted for consideration by the Parliament
[Milli Majlis] of the Azerbaijan Republic by the President of the Azerbaijan
Republic, Supreme Court of the Azerbaijan Republic or Ali Majlis of Nakhichevan
Autonomous Republic, as legislative initiative, are put to the vote in the
Parliament [Milli Majlis] of the Azerbaijan Republic within two months.
(5) If draft of the law or decree has been declared by the President of the
Azerbaijan Republic, Supreme Court of the Azerbaijan Republic or Ali Majlis of
Nakhichevan Autonomous Republic urgent, then above specified term shall
constitute 20 days.
Article 97 Term for submitting laws for signing
(1) Drafts of the laws are submitted to the President of the Azerbaijan
Republic for signing within 14 days from the day of their acceptance.
(2) Urgent draft of the law is submitted to the President of the Azerbaijan
Republic for signing within 24 hours from the moment of its acceptance.
Article 98 Validity of acts of the Parliament [Milli Majlis] of the
Azerbaijan Republic
If not specified otherwise in the law and decree of the Parliament [Milli
Majlis] of the Azerbaijan Republic themselves the law and decree become valid
from the date of their publication.
Chapter VI execcutive Power
Article 99 Belonging of execcutive power
execcutive power in the Azerbaijan Republic belongs to the President of the
Azerbaijan Republic.
Article 100 Requirements to candidates to the post of the President of the
Azerbaijan Republic
Citizen of the Azerbaijan Republic not younger than 35, permanently living on
the territory of the Azerbaijan Republic longer than 10 years, possessing
voting right, without previous conviction, havingg no liabilities in other
states, with university degree, not havingg double citizenship may be elected
the President of the Azerbaijan Republic.
Article 101 Procedure of elections of the President of the Azerbaijan
Republic
(1) The President of the Azerbaijan Republic is elected for a 5-year term by
way of general, direct and equal elections, with free, personal and secret
ballot.
(2) The President of the Azerbaijan Republic is elected by majority of two
thirds of votes.
(3) If required majority has not achieved in the first round of voting, then
second round will be held on second Sunday after the first round. Only two
candidates who gained more votes than others in the first round, or two
candidates following closely the first ones, should they recall their
candidatures, will take part in the second round of elections.
(4) The candidate havingg collected simple majority of votes in the second
round of elections is considered elected the President of the Azerbaijan
Republic.
(5) No one may be elected the President of the Azerbaijan Republic repeatedly,
more than two times.
Procedure of implementation of the present Article is specified in legislation.
Article 102 Results of elections of the President of the Azerbaijan Republic
Results of elections of the President of the Azerbaijan Republic are officially
announced by Constitutional Court of the Azerbaijan Republic within 7 days from
the day of voting.
Article 103 Oath of a person elected the President of the Azerbaijan
Republic
(1) A person elected the President of the Azerbaijan Republic, within 3 days
from the day when results of elections of the President of the Azerbaijan
Republic have been announced, with participation of judges of Constitutional
Court of the Azerbaijan Republic takes an oath: "Carrying out powers of the
President of the Azerbaijan Republic I swear to follow the Constitution of the
Azerbaijan Republic, protect sovereignty and territorial integrity of the
state, to serve people".
(2) It is considered that the President of the Azerbaijan Republic began
carrying out his official powers from the day when he took his oath.
Article 104 Inability of the President of the Azerbaijan Republic to carry
out his powers
(1) The President of the Azerbaijan Republic is considered havingg left his
position ahead of time on resignation, complete inability to fulfil his powers
due to illness, dismissal from his post in cases and in an order envisaged in
the present Constitution.
(2) When the President of the Azerbaijan Republic is going to resign, his
application concerning resignation is presented to Constitutional Court of the
Azerbaijan Republic. Constitutional Court of the Azerbaijan Republic, havingg
confirmed that the President of the Azerbaijan Republic himself sent in his
resignation makes decision to accept such resignation. From that moment the
President is considered havingg left his post due to resignation.
(3) havingg received notifications about complete inability of the President
of the Azerbaijan Republic to fulfil his powers due to poor health, the
Parliament [Milli Majlis] of the Azerbaijan Republic applies to the
Constitutional Court of the Azerbaijan Republic for clarification of this fact.
Should the Constitutional Court of the Azerbaijan Republic confirm this fact
the question is settled.
Article 105 Implementation of powers of the President of the Azerbaijan
Republic on his resignation
(1) Whenever the President of the Azerbaijan Republic resigns from his post
ahead of time, extraordinary elections of the President of the Azerbaijan
Republic are held within three months. In such case, until new President of the
Azerbaijan Republic is elected, the Chairman of the Parliament [Milli Majlis]
of the Azerbaijan Republic will carry out powers of the President of the
Azerbaijan Republic.
(2) If during said term the Chairman of the Parliament [Milli Majlis] of the
Azerbaijan Republic carrying out powers of the President of the Azerbaijan
Republic resigns, becomes incapable of carrying out his powers due to illness,
Prime-minister of the Azerbaijan Republic will carry out powers of the
President of the Azerbaijan Republic.
(3) If Prime-minister of the Azerbaijan Republic is unable to fulfil powers of
the President of the Azerbaijan Republic due to reasons given in paragraph II
of the present Article, the Parliament [Milli Majlis] of the Azerbaijan
Republic takes decree about delegation of powers of the President of the
Azerbaijan Republic to other official.
Article 106 Immunity of the President of the Azerbaijan Republic
The President of the Azerbaijan Republic enjoys the right of personal immunity.
Honor and dignity of the President of the Azerbaijan Republic are protected by
law.
Article 107 Dismissal of the President of the Azerbaijan Republic from his
post
(1) In case of grave crime done by the President of the Azerbaijan Republic the
question of dismissal of the President may be submitted to the Parliament
[Milli Majlis] of the Azerbaijan Republic on initiative of Constitutional Court
of the Azerbaijan Republic based on conclusions of Supreme Court of the
Azerbaijan Republic presented within 30 days.
(2) The President of the Azerbaijan Republic may be dismissed from his post by
decree of the Parliament [Milli Majlis] of the Azerbaijan Republic taken by
majority of 95 votes of deputies. This decree is signed by the Chairman of
Constitutional Court of the Azerbaijan Republic. If Constitutional Court of the
Azerbaijan Republic fails to sign said decree within one week it shall not come
into force.
(3) Decree about dismissal of the President of the Azerbaijan Republic from his
post must be accepted within 2 months from the date of application of
Constitutional Court of the Azerbaijan Republic to the Parliament [Milli
Majlis] of the Azerbaijan Republic. If said decree is not taken within said
term, then accusation against the President of the Azerbaijan Republic is
considered rejected.
Article 108 Provisions for the President of the Azerbaijan Republic
The President of the Azerbaijan Republic and his family are provided for by the
state. Security of the President of the Azerbaijan Republic and his family is
ensured by special security teams
Article 109 Competence of the President of the Azerbaijan Republic
The President of the Azerbaijan Republic:
1. announces elections to the Parliament [Milli Majlis] of the Azerbaijan
Republic;
2. submits for approval by the Parliament [Milli Majlis] of the Azerbaijan
Republic state budget of the Azerbaijan Republic;
3. approves state economic and social programs;
4. by consent of the Parliament [Milli Majlis] of the Azerbaijan Republic
appoints Prime-minister of the Azerbaijan Republic, dismisses Prime-minister of
the Azerbaijan Republic;
5. appoints and dismisses members of Cabinet of Ministers of the Azerbaijan
Republic; whenever necessary takes chair at the meetings of Cabinet of
Ministers of the Azerbaijan Republic;
6. takes decision about resignation of Cabinet of Ministers of the Azerbaijan
Republic;
7. establishes central and local execcutive power bodies within the limits of
sums allotted in state budget of the Azerbaijan Republic;
8. cancels decrees and orders of Cabinet of Ministers of the Azerbaijan
Republic and Cabinet of Ministers of Nakhichevan Autonomous Republic, acts of
central and local execcutive power bodies;
9. submits proposals to the Parliament [Milli Majlis] of the Azerbaijan
Republic about appointment of judges of Constitutional Court of the Azerbaijan
Republic, Supreme Court of the Azerbaijan Republic and Economic Court of the
Azerbaijan Republic; appoints judges of other courts of the Azerbaijan
Republic; by consent of the Parliament [Milli Majlis] of the Azerbaijan
Republic appoints and dismisses General procurator of the Azerbaijan Republic;
10. submits recommendations to the Parliament [Milli Majlis] of the Azerbaijan
Republic about appointment and dismissal of members of Administration Board of
National Bank of the Azerbaijan Republic;
11. submits to the Parliament [Milli Majlis] of the Azerbaijan Republic for
approval military doctrine of the Azerbaijan Republic;
12. appoints and dismisses officers of higher rank to Military Forces of the
Azerbaijan Republic;
13. forms the execcutive office of the President of the Azerbaijan Republic,
appoints its head;
14. appoints and dismisses authorized representatives of the President of the
Azerbaijan Republic;
15. submits recommendations to the Parliament [Milli Majlis] of the Azerbaijan
Republic about establishment of diplomatic representations of the Azerbaijan
Republic in foreign countries and under international organizations, appoints
and dismisses diplomatic representatives of the Azerbaijan Republic in foreign
countries and in international organizations;
16. receives credential papers and letters of recall from diplomatic
representatives of foreign countries;
17. concludes interstate and intergovernmental agreements, presents interstate
agreements to the Parliament [Milli Majlis] of the Azerbaijan Republic for
ratification and denunciation; signs decrees on ratification of international
agreements;
18. announces referendum;
19. signs and issues laws;
20. settles questions concerning citizenship;
21. settles questions concerning granting political refuge;
22. grants pardon;
23. gives state awards;
24. assigns higher military and higher special ranks;
25. announces total or partial mobilization and also demobilization;
26. takes decision about calling up citizens of the Azerbaijan Republic to
urgent military service and transfer to the reserve of soldiers of urgent
military service;
27. forms Security Council of the Azerbaijan Republic;
28. submits recommendation to the Parliament [Milli Majlis] of the Azerbaijan
Republic about consent for use of Military Forces of the Azerbaijan Republic in
implementation of duties other than their normal duties;
29. announces state of emergency and martial law;
30. on consent of the Parliament [Milli Majlis] of the Azerbaijan Republic
announces a war and concludes peace agreements;
31. forms special security bodies within the limits of sums allotted from state
budget of the Azerbaijan Republic;
32. settles other questions which under the present Constitution do not pertain
to the competence of the Parliament [Milli Majlis] of the Azerbaijan Republic
and law courts of the Azerbaijan Republic;
Article 110 Signing of the laws
(1) The President of the Azerbaijan Republic signs the laws within 56 days
after their presentation. If the President of the Azerbaijan Republic has
objecttions against a law he may return it to the Parliament [Milli Majlis] of
the Azerbaijan Republic within specified term without signing, together with
his comments.
(2) Should the President of the Azerbaijan Republic fail to sign Constitutional
laws they will not come into force. If the Parliament [Milli Majlis] of the
Azerbaijan Republic accepts by majority of 95 votes laws that have been
accepted previously by majority of 83 votes, and by majority of 83 votes the
laws that have been accepted previously by majority of 63 votes, said laws come
into force after repeated voting.
Article 111 Declaration of martial law
In cases of actual occupation of some part of the territory of the Azerbaijan
Republic, announcement of war by foreign country or countries against the
Azerbaijan Republic, blockade of the territory of the Azerbaijan Republic and
also whenever there is real danger of armed attack against the Azerbaijan
Republic, blockade of the territory of the Azerbaijan Republic and also in case
of real threat of such blockade the President of the Azerbaijan Republic
announces martial law all over the territory of the Azerbaijan Republic or in
individual areas, and within 24 hours submits respective decree for approval by
the Parliament [Milli Majlis] of the Azerbaijan Republic.
Article 112 State of emergency
Whenever natural calamities take place, epidemic, epizootic, grave ecological
and other disasters and also on accomplishment of acts aimed to violation of
territorial integrity of the Azerbaijan Republic, revolt or state coup, with
mass disorders accompanied by violence, other conflicts threatening life and
safety of citizens, or normal activity of state bodies, the President of the
Azerbaijan Republic announces state of emergency in individual areas of the
Azerbaijan Republic and within 24 hours submits respective decree for approval
by the Parliament [Milli Majlis] of the Azerbaijan Republic.
Article 113 Acts of the President of the Azerbaijan Republic
(1) Establishing general procedures the President of the Azerbaijan Republic
issues decrees, as per all other questions --- he issues orders.
(2) If not specified otherwise in decrees and orders of the President of the
Azerbaijan Republic they become valid from the day of their publication.
Article 114 Status of the Cabinet of Ministers of the Azerbaijan Republic
(1) For implementation of execcutive powers the President of the Azerbaijan
Republic establishes Cabinet of Ministers of the Azerbaijan Republic.
(2) Cabinet of Ministers of the Azerbaijan Republic is the highest body of
execcutive power of the President of the Azerbaijan Republic.
(3) Cabinet of Ministers of the Azerbaijan Republic is subordinate to the
President of the Azerbaijan Republic and reports to him.
(4) Procedure of activity of Cabinet of Ministers of the Azerbaijan Republic is
defined by the President of the Azerbaijan Republic.
Article 115 Composition of Cabinet of Ministers of the Azerbaijan Republic
Cabinet of Ministers of the Azerbaijan Republic includes Prime-minister of the
Azerbaijan Republic, his deputies, ministers and heads of other central bodies
of execcutive power.
Article 116 Resignation of Cabinet of Ministers of the Azerbaijan Republic
On a day when newly elected President of the Azerbaijan Republic comes into his
rights and begins carrying out his powers Cabinet of Ministers of the
Azerbaijan Republic resigns.
Article 117 Meetings of the Cabinet of Ministers of the Azerbaijan Republic
As a rule, Prime-minister of the Azerbaijan Republic takes chair at the
meetings of the Cabinet of Ministers of the Azerbaijan Republic.
Article 118 Procedure of appointment of Prime-minister of the Azerbaijan
Republic
(1) Prime-minister of Azerbaijan Republic is appointed by the President of the
Azerbaijan Republic on consent of the Parliament [Milli Majlis] of the
Azerbaijan Republic.
(2) Proposed candidature for the post of Prime-minister of the Azerbaijan
Republic is submitted for consideration to the Parliament [Milli Majlis] of the
Azerbaijan Republic by the President of the Azerbaijan Republic not later than
one month from the day when the President begins carrying out his powers, or
not later than two weeks from the day of resignation of Cabinet of Ministers of
the Azerbaijan Republic.
(3) the Parliament [Milli Majlis] of the Azerbaijan Republic takes decision
concerning the candidate to the post of Prime-minister of the Azerbaijan
Republic not later than within one week from the day when such candidature has
been proposed. Should said procedure be violated, or candidatures proposed by
the President of the Azerbaijan Republic for the post of Prime-minister of the
Azerbaijan Republic be rejected three times, then the President of the
Azerbaijan Republic may appoint Prime-minister of the Azerbaijan Republic
without consent of the Parliament [Milli Majlis] of the Azerbaijan Republic.
Article 119 Authority of Cabinet of Ministers of the Azerbaijan Republic
Cabinet of Ministers of the Azerbaijan Republic:
prepares draft of state budget of the Azerbaijan Republic and submits it to the
President of the Azerbaijan Republic;
- provides implementation of state budget of the Azerbaijan Republic;
- provides implementation of financial-credit and monetary policy;
- provides implementation of state economic programs;
- provides implementation of state social programs;
- carries out control over ministries and other central bodies of execcutive
power, annuls their acts;
- solves other questions delegated to it by the President of the Azerbaijan
Republic.
Article 120 Acts of Cabinet of Ministers of the Azerbaijan Republic
(1) Establishing general procedures Cabinet of Ministers of the Azerbaijan
Republic issues decrees, as per all other questions --- it issues orders.
(2) If not specified otherwise in decrees and orders of Cabinet of Ministers of
the Azerbaijan Republic, they become valid from the day of their publication.
Article 121 Requirements to candidates to the posts of members of Cabinet of
Ministers of the Azerbaijan Republic
(1) Prime-minister of the Azerbaijan Republic shall be a citizen of the
Azerbaijan Republic not younger than 30, havingg voting right, with university
degree, havingg no liabilities in other states.
(2) Deputy Prime-minister of the Azerbaijan Republic, minister, head of other
central body of execcutive power shall be a citizen of the Azerbaijan Republic
not younger than 25, havingg voting right, with university degree, havingg no
liabilities in other states.
Article 122 Requirements to members of Cabinet of Ministers of the
Azerbaijan Republic
Prime-minister of the Azerbaijan Republic, his deputies, ministers, heads of
other central bodies of execcutive power may not occupy any posts,
irrespective of the procedure --- elections or appointment, may not be
involved in business, commercial and other payable activity except scientific,
pedagogical and creative activity, may not get remuneration other than their
wages and money for scientific, pedagogical and creative activity.
Article 123 Immunity of Prime-minister of the Azerbaijan Republic
(1) Prime-minister of the Azerbaijan Republic enjoys immunity during the whole
term of his powers.
(2) Prime-minister of the Azerbaijan Republic may not be arrested, called to
criminal responsibility except cases when he has been caught in the act of
crime, disciplinary measures may not be applied to him by law court, he may not
be searched.
(3) Prime-minister of the Azerbaijan Republic may be arrested if he has been
caught in the act of crime. In such case body detained the deputy of the
Parliament [Milli Majlis] of the Azerbaijan Republic must immediately notify
General Procurator of the Azerbaijan Republic about the fact.
(4) Immunity of Prime- minister of the Azerbaijan Republic might be stopped
only by the President of the Azerbaijan Republic, based on application of
General Procurator of the Azerbaijan Republic.
Article 124 Local bodies of execcutive power
(1) Heads of execcutive power bodies carry out execcutive power locally.
(2) Heads of execcutive power bodies are appointed to their posts and
dismissed by the President of the Azerbaijan Republic.
(3) Limits of authority of local execcutive power bodies are determined by the
President of the Azerbaijan Republic.
Chapter VII Judicial Power
Article 125 Judicial power
(1) Judicial power in Azerbaijan is implemented by law courts.
(2) Judicial power is implemented through the Constitutional Court of the
Azerbaijan Republic, Supreme Court of the Azerbaijan Republic, Economic Court
of the Azerbaijan Republic, ordinary and specialized law courts of the
Azerbaijan Republic.
(3) Judicial power is implemented by way of constitutional, civil and criminal
legal proceedings and other forms of legislation provided for by law.
(4) In all legal proceedings, except constitutional proceedings,
Procurator''s Office of the Azerbaijan Republic and lawyers take part.
(5) Judicial system and legal proceedings in the Azerbaijan Republic are
determined by law.
(6) Use of legal means aimed to change of authority of law courts and
establishment of extraordinary law courts which are not envisaged by the law
are prohibited.
Article 126 Requirements to candidates to judges posts
(1) Judges shall be citizens of the Azerbaijan Republic not younger than 30,
havingg voting right, higher juridical education and at least 5-year working
experience in the sphere of law.
(2) Judges may not occupy any other posts, irrespective of the procedure ---
elections or appointment, may not be involved in business, commercial and other
payable activity, except scientific, pedagogical and creative activity, may not
be involved in political activity and join political parties, may not get
remuneration other than their wages and money for scientific, pedagogical and
creative activity.
Article 127 Independence of judges, main principles and conditions of
implementation of justice
(1) Judges are independent, they are subordinate only to Constitution and laws
of the Azerbaijan Republic, they cannot be replaced during the term of their
authority.
(2) In consideration of legal cases judges must be impartial, fair, they should
provide juridical equality of parties, act based on facts and according to the
law.
(3) Direct and indirect restriction of legal proceedings from somebody''s
part and due to some reason, illegal influence, threats and interference are
not allowed.
(4) Justice shall be implemented based on equality of citizens before the law
and law court.
(5) In all law courts hearing of legal cases shall be open.
(6) It is allowed to have closed hearing of legal cases only if the law court
decides that open hearings may result in disclosure of state, professional or
commercial secrets, or that it is necessary to keep confidentiality with
respect to personal or family life.
(7) Except cases envisaged by law it is prohibited to carry out legal
proceedings by correspondence.
(8) Law proceedings are carried out based on the principle of contest.
(9) Everyone has the right for defence at all stages of legal proceedings.
(10) Justice is based on presumption of innocence.
(11) In the Azerbaijan Republic legal proceedings are carried out in state
language of the Azerbaijan Republic or in a language of majority of population
in specific area. Personsemdash participants of legal proceedings not knowing
the language of proceedings have the right to be acquainted with materials of
proceedings, to take part in legal proceedings using interpreter, to make
statements in the law court in their native language.
Article 128 Immunity of judges
(1) Judges are immune.
(2) A judge may be called to criminal responsibility only in accordance with
law.
(3) Authority of judges might be stopped only based on reasons and rules
envisaged by the law.
(4) Whenever judges commit crime, the President of the Azerbaijan Republic,
based on conclusions of Supreme Court of the Azerbaijan Republic, may make
statement in the Parliament [Milli Majlis] of the Azerbaijan Republic with the
initiative to dismiss judges from their posts. Respective conclusions of
Supreme Court of the Azerbaijan Republic must be presented to the President of
the Azerbaijan Republic within 30 days after his request.
(5) Decision about dismissal of judges of Constitutional Court of the
Azerbaijan Republic, Supreme Court of the Azerbaijan Republic and Economic
Court of the Azerbaijan Republic is taken by the Parliament [Milli Majlis] of
the Azerbaijan Republic with majority of 83 votes; decision about dismissal
of other judges is taken by the Parliament [Milli Majlis] of the Azerbaijan
Republic with majority of 63 votes.
Article 129 Decisions of law courts and their implementation
Law courts take decisions on behalf of the state; implementation of these
decisions is obligatory.
Article 130 Constitutional Court of the Azerbaijan Republic
(1) Constitutional Court of the Azerbaijan Republic consists of 9 judges.
(2) Judges of Constitutional Court of the Azerbaijan Republic are appointed by
the Parliament [Milli Majlis] of the Azerbaijan Republic on recommendation by
the President of the Azerbaijan Republic.
(3) Constitutional Court of the Azerbaijan Republic based on inquiry of the
President of the Azerbaijan Republic, the Parliament [Milli Majlis] of the
Azerbaijan Republic, Cabinet of Ministers of the Azerbaijan Republic, Supreme
Court of the Azerbaijan Republic, Procurator''s Office of the Azerbaijan
Republic, Ali Majlis of Nakhichevan Autonomous Republic takes decisions
regarding the following:
correspondence of laws of the Azerbaijan Republic, decrees and orders of the
President of the Azerbaijan Republic, decrees of the Parliament [Milli Majlis]
of the Azerbaijan Republic, decrees and orders of Cabinet of Ministers of the
Azerbaijan Republic, normative-legal acts of central bodies of execcutive
power to Constitution of the Azerbaijan Republic;
- correspondence of decrees of the President of the Azerbaijan Republic,
decrees of Cabinet of Ministers of the Azerbaijan Republic, normative-legal
acts of central bodies of execcutive power to the laws of the Azerbaijan
Republic;
- correspondence of decrees of Cabinet of Ministers of the Azerbaijan Republic
and normative-legal acts of central bodies of execcutive power to decrees of
the President of the Azerbaijan Republic;
- in cases envisaged by law, correspondence of decisions of Supreme Court of
the Azerbaijan Republic to Constitution and laws of the Azerbaijan Republic;
- correspondence of acts of municipalities to Constitution of the Azerbaijan
Republic, laws of the Azerbaijan Republic, decrees of the President of the
Azerbaijan Republic, decrees of Cabinet of Ministers of the Azerbaijan Republic
(in Nakhichevan Autonomous Republic --- also to Constitution and laws of
Nakhichevan Autonomous Republic and decrees of Cabinet of Ministers of
Nakhichevan Autonomous Republic);
- correspondence of interstate agreements of the Azerbaijan Republic, which
have not yet become valid, to Constitution of the Azerbaijan Republic;
correspondence of intergovernmental agreements of the Azerbaijan Republic to
Constitution and laws of the Azerbaijan Republic;
- prohibition of political parties or other public unionns;
- correspondence of Constitution and laws of Nakhichevan Autonomous Republic,
decrees of Ali Majlis of Nakhichevan Autonomous Republic, decrees of Cabinet of
Ministers of Nakhichevan Autonomous Republic to Constitution of the Azerbaijan
Republic; correspondence of laws of Nakhichevan Autonomous Republic, decrees
of Cabinet of Ministers of Nakhichevan Autonomous Republic to laws of the
Azerbaijan Republic; correspondence of decrees of Cabinet of Ministers of
Nakhichevan Autonomous Republic to decrees of the President of the Azerbaijan
Republic and decrees of Cabinet of Ministers of the Azerbaijan Republic;
- settlement of disputes connected with division of authority between
legislative, execcutive and judicial powers.
(4) Constitutional Court of the Azerbaijan Republic gives interpretation of the
Constitution and laws of the Azerbaijan Republic based on inquiries of the
President of the Azerbaijan Republic, the Parliament [Milli Majlis] of the
Azerbaijan Republic, Cabinet of Ministers of the Azerbaijan Republic, Supreme
Court of the Azerbaijan Republic, Procurator''s Office of the Azerbaijan
Republic and Ali Majlis of Nakhichevan Autonomous Republic.
(5) Constitutional Court of the Azerbaijan Republic exercises also other
authorities envisaged in the present Constitution.
(6) Constitutional Court of the Azerbaijan Republic takes decisions as regards
the questions of its competence. Decisions of Constitutional Court of the
Azerbaijan Republic are obligatory all over the territory of the Azerbaijan
Republic.
(7) Laws and other acts, individual provisions of these documents,
intergovernmental agreements of the Azerbaijan Republic cease to be valid in
term specified in the decision of Constitutional Court of the Azerbaijan
Republic, and interstate agreements of the Azerbaijan Republic do not come into
force.
Article 131 Supreme Court of the Azerbaijan Republic
(1) Supreme Court of the Azerbaijan Republic is the highest judicial body on
civil, criminal, administrative and other cases directed to general and
specialized law courts; it exercises control over activity of general and
specialized law courts; gives explanations as per practices in activity of
law courts in an order envisaged by legislation;.
(2) Judges of Supreme Court of the Azerbaijan Republic are appointed by the
Parliament [Milli Majlis] of the Azerbaijan Republic on recommendation of the
President of the Azerbaijan Republic
Article 132 Economic Court of the Azerbaijan Republic
(1) Economic Court of the Azerbaijan Republic is the highest law court on
settlement of economic disputes. It carries out control over activity of
respective specialized law courts in an order envisaged by legislation.
(2) Judges of Economic Court of the Azerbaijan Republic are appointed by the
Parliament [Milli Majlis] of the Azerbaijan Republic on recommendation by the
President of the Azerbaijan Republic.
Article 133 Procurator''s Office of the Azerbaijan Republic
(1) In an order specified by legislation, Procurator''s Office of the
Azerbaijan Republic exercises control over accurate and uniform fulfilment and
application of laws; in cases envisaged by legislation it undertakes
prosecution and carries out investigation; supports state incrimination in
the law court; brings in an action in the law court; remonstrates against
decisions of law court.
(2) Procurator''s Office of the Azerbaijan Republic is an integral
centralized body based on subordination of territorial and specialized
procurators to General Procurator of the Azerbaijan Republic.
(3) General Procurator of the Azerbaijan Republic is appointed to his post and
dismissed from it by the President of the Azerbaijan Republic, on consent of
the Parliament [Milli Majlis] of the Azerbaijan Republic.
(4) Deputies of General Procurator of the Azerbaijan Republic, procurators
supervising specialized republican procurator''s offices, procurator of
Nakhichevan Autonomous Republic are appointed to their posts and dismissed from
their posts by the President of the Azerbaijan Republic on recommendation of
General Procurator of the Azerbaijan Republic.
(4) Territorial and specialised procurators are appointed to their posts and
dismissed by General Procurator of the Azerbaijan Republic on agreement with
the President of the Azerbaijan Republic.
Chapter VIII Nakhichevan Autonomous Republic
Article 134 Status of Nakhichevan Autonomous Republic
(1) Nakhichevan Autonomous Republic is autonomous state within the Azerbaijan
Republic.
(2) Status of Nakhichevan Autonomous Republic is defined in the present
Constitution.
(3) Nakhichevan Autonomous Republic is an integral part of the Azerbaijan
Republic.
(4) Constitution of the Azerbaijan Republic, laws of the Azerbaijan Republic,
decrees of the President of the Azerbaijan Republic and decrees of Cabinet of
Ministers of the Azerbaijan Republic are obligatory on the territory of
Nakhichevan Autonomous Republic.
(5) Constitution and laws of Nakhichevan Autonomous Republic accepted by Ali
Majlis of Nakhichevan Autonomous Republic shall not contradict respectively to
Constitution and laws of the Azerbaijan Republic; decrees accepted by Cabinet
of Ministers of Nakhichevan Autonomous Republicemdash to Constitution and laws
of the Azerbaijan Republic, decrees of the President of the Azerbaijan Republic
and decrees of Cabinet of Ministers of the Azerbaijan Republic.
Article 135 Division of powers in Nakhichevan Autonomous Republic
(1) Legislative power in Nakhichevan Autonomous Republic is implemented by Ali
Majlis of Nakhichevan Autonomous Republic, execcutive power - by the Cabinet
of Ministers of Nakhichevan Autonomous Republic, judicial poweremdash by law
courts of Nakhichevan Autonomous Republic.
(2) Ali Majlis of Nakhichevan Autonomous Republic independently settles
questions which according to Constitution and laws of the Azerbaijan Republic
fall under its competence; Cabinet of Ministers of Nakhichevan Autonomous
Republic independently settles questions which according to Constitution and
laws of the Azerbaijan Republic, decrees of the President of the Azerbaijan
Republic fall under its competence; law courts of Nakhichevan Autonomous
Republic independently settle questions which according to Constitution and
laws of the Azerbaijan Republic fall under their competence.
Article 136 The highest official of Nakhichevan Autonomous Republic
Chairman of Ali Majlis of Nakhichevan Autonomous Republic is the highest
official of Nakhichevan Autonomous Republic.
Article 137 Ali Majlis of Nakhichevan Autonomous Republic
(1) Ali Majlis of Nakhichevan Autonomous Republic consists of 45 members.
(2) Term of authority of Ali Majlis of Nakhichevan Autonomous Republic is 5
years.
(3) Ali Majlis of Nakhichevan Autonomous Republic elects chairman of Ali Majlis
of Nakhichevan Autonomous Republic and his deputies, establishes permanent and
other commissions.
Article 138 Competence of Ali Majlis of Nakhichevan Autonomous Republic
(1) Ali Majlis of Nakhichevan Autonomous Republic establishes general
procedures concerning the following:
elections to Ali Majlis of Nakhichevan Autonomous Republic;
- taxes;
- routes of economic development of Nakhichevan Autonomous Republic;
- social maintenance;
- protection of environment;
- tourism;
- protection of health, science, culture.
(2) Ali Majlis of Nakhichevan Autonomous Republic accepts laws related to
questions specified in the present Article.
Article 139 Questions solved by Ali Majlis of Nakhichevan Autonomous
Republic
(1) Ali Majlis of Nakhichevan Autonomous Republic takes decisions concerning
the following questions:
organisation of work in Ali Majlis of Nakhichevan Autonomous Republic;
- approval of the budget of Nakhichevan Autonomous Republic;
- approval of economic and social programs of Nakhichevan Autonomous Republic;
- appointment and dismissal of Prime-minister of Nakhichevan Autonomous
Republic;
- approval of composition of Cabinet of Ministers of Nakhichevan Autonomous
Republic;
- decisions concerning vote of confidence in Cabinet of Ministers of
Nakhichevan Autonomous Republic.
(2) Ali Majlis of Nakhichevan Autonomous Republic issues decree concerning
questions specified in the present Article.
Article 140 Cabinet of Ministers of Nakhichevan Autonomous Republic
(1) Composition of Cabinet of Ministers of Nakhichevan Autonomous Republic
recommended by Prime-minister of Nakhichevan Autonomous Republic is approved by
Ali Majlis of Nakhichevan Autonomous Republic.
(2) Prime-minister of Nakhichevan Autonomous Republic is appointed by Ali
Majlis of Nakhichevan Autonomous Republic on recommendation by the President of
the Azerbaijan Republic.
(3) Cabinet of Ministers of Nakhichevan Autonomous Republic:
prepares draft of budget of Autonomous Republic and presents it for approval by
Ali Majlis of Nakhichevan Autonomous Republic;
- implements the budget of Autonomous Republic;
- provides implementation of economic programs of Autonomous Republic;
- provides implementation of social programs of Autonomous Republic;
- settles other questions delegated to it by the President of the Azerbaijan
Republic.
(4) Cabinet of Ministers of Nakhichevan Autonomous Republic issues orders and
decrees.
Article 141 Local execcutive power in Nakhichevan Autonomous Republic
In Nakhichevan Autonomous Republic heads of local execcutive power bodies are
appointed by the President of the Azerbaijan Republic on recommendation of the
Chairman of Ali Majlis of Nakhichevan Autonomous Republic.
Section IV Local Self-Government
Chapter IX Municipalities
Article 142 Organisation of local self-government
(1) Local self-government is carried out by municipalities.
(2) Municipalities are formed based on elections.
(3) Procedure of elections to municipalities and status of municipalities are
specified in laws.
Article 143 Organisation of work of municipalities
(1) Activity of municipalities is carried out by way of meetings, permanent and
other commissions.
(2) Meetings of municipalities are summoned by their chairmen.
Article 144 Authority of municipalities
(1) The following questions are settled at the meetings of municipalities:
recognition of authority of municipality members, loss of their authority and
termination of their authority according to legislation;
- approval of in-house regulations of municipality;
- elections of the chairman of municipality, his deputies, permanent and other
commissions;
- establishment of local taxes and duties;
- approval of local budget and reports on its implementation;
- possession of municipal property, use and disposal thereof;
- acceptance and implementation of local programs of social protection and
social development;
- acceptance and implementation of local programs of economic development;
- acceptance and implementation of local ecological programs.
(2) Municipalities may be given additional authorities of legislative and
execcutive power. To implement these authorities respective financing is
required.
Implementation of such authorities will be controlled respectively by
legislative and execcutive power bodies.
Article 145 Decisions of municipalities
(1) Concerning the agenda of the meetings of municipality decisions shall be
taken.
(2) Decisions at the meetings of municipality are taken by simple majority of
voting members of municipality.
(3) Decisions related to local taxes and duties are taken by majority of two
thirds of votes of municipality members.
Article 146 Guarantee of inviolability of municipalities
Legal protection of municipalities, compensation of additional expenditures
resulted from decisions made by state bodies are guaranteed.
Section V The Right and the Law
Chapter X Legislative System
Article 147 Legal force of Constitution of the Azerbaijan Republic
(1) Constitution of the Azerbaijan Republic possesses highest legal power.
(2) Constitution of the Azerbaijan Republic possesses direct legal power.
(3) Constitution of the Azerbaijan Republic is the basis of legislative system
of the Azerbaijan Republic.
Article 148 Acts constituting legislative system of the Azerbaijan Republic
(1) Legislative system consists of the following normative-legal acts:
Constitution;
- acts accepted by referendum;
- laws;
- orders;
- decrees of Cabinet of Ministers of the Azerbaijan Republic;
normative acts of central execcutive power bodies.
(2) International agreements wherein the Azerbaijan Republic is one of the
parties constitute an integral part of legislative system of the Azerbaijan
Republic.
(3) In Nakhichevan Autonomous Republic Constitution and laws of Nakhichevan
Autonomous Republic, decrees of the Cabinet of Ministers of Nakhichevan
Autonomous Republic also possess legal power.
(4) Legislative system of Nakhichevan Autonomous Republic should conform to
legislative system of the Azerbaijan Republic.
(5) Within the limits of their authority local bodies of execcutive power may
accept normative acts not contradicting acts constituting the legislative
system.
Article 149 Normative-legal acts
(1) Normative-legal acts should be based on law and justice (same attitude to
equal interests).
(2) Use and implementation of acts taken by referendum is obligatory for
citizens, legislative, execcutive and judicial power bodies, legal entities
and municipalities only after their publication.
(3) The laws should not contradict the Constitution. Use and implementation of
published laws is obligatory for all citizens, legislative, execcutive and
judicial power bodies, legal entities and municipalities.
(4) Decrees of the President of the Azerbaijan Republic should not contradict
the Constitution and laws of the Azerbaijan Republic. Use and implementation of
published decrees is obligatory for all citizens, execcutive power bodies,
legal entities.
(5) Decrees of Cabinet of Ministers of the Azerbaijan Republic should not
contradict the Constitution, laws of the Azerbaijan Republic and decrees of the
President of the Azerbaijan Republic. Use and implementation of published
decrees of the Cabinet of Ministers is obligatory for citizens, central and
local execcutive power bodies, legal entities.
(6) Acts of central bodies of execcutive power should not contradict the
Constitution, laws of the Azerbaijan Republic, decrees of the President of the
Azerbaijan Republic, decrees of Cabinet of Ministers of the Azerbaijan
Republic.
(7) Normative-legal acts improving legal situation of physical persons and
legal entities, eliminating or mitigating their legal responsibility have
reverse power. Other normative-legal acts have no reverse power.
Article 150 Acts of municipalities
(1) Acts taken by municipalities should be based on law and fairness (same
attitude and equal interests), should not contradict the Constitution and laws
of the Azerbaijan Republic, decrees of the President of the Azerbaijan
Republic, decrees of Cabinet of Ministers of the Azerbaijan Republic (in
Nakhichevan Autonomous Republicemdash also to Constitution and laws of
Nakhichevan Autonomous Republic, decrees of Cabinet of Ministers of Nakhichevan
Autonomous Republic).
(2) Implementation of act taken by the municipality is obligatory for citizens
living on this territory and legal entities located on this territory.
Article 151 Legal value of international acts
Whenever there is disagreement between normative-legal acts in legislative
system of the Azerbaijan Republic (except Constitution of the Azerbaijan
Republic and acts accepted by way of referendum) and international agreements
wherein the Azerbaijan Republic is one of the parties, provisions of
international agreements shall dominate.
Chapter XI Changes in the Constitution of the Azerbaijan Republic
Article 152 Procedure of introduction of changes into Constitution of the
Azerbaijan Republic
Changes in the text of the Constitution of the Azerbaijan Republic may be made
only by way of referendum.
Article 153 Procedure of submit of proposals on changes in the text of
Constitution of the Azerbaijan Republic
If proposals about changes in the text of Constitution of the Azerbaijan
Republic are presented by the Parliament [Milli Majlis] of the Azerbaijan
Republic or the President of the Azerbaijan Republic, then Constitutional Court
of the Azerbaijan Republic should give its conclusion beforehand.
Article 154 Limitations on authority of Constitutional Court of the
Azerbaijan Republic
Constitutional Court of the Azerbaijan Republic shall not take decisions
concerning changes in the text of Constitution of the Azerbaijan Republic made
by way of referendum.
Article 155 Limitations on initiative on introduction of changes into
Constitution of the Azerbaijan Republic
Proposals about changes in Articles 1, 2, 6, 7, 8 and 21, about restriction of
provisions envisaged in Chapter III of the present Constitution are not subject
to referendum.
Chapter XII Amendments to the Constitution of the Azerbaijan Republic
Article 156 Procedure of introduction of amendments to the Constitution of
the Azerbaijan Republic
(1) Amendments to the Constitution of the Azerbaijan Republic are taken in the
form of Constitutional laws in the Parliament [Milli Majlis] of the Azerbaijan
Republic, by majority of 95 votes.
(2) Constitutional laws on amendments to Constitution of the Azerbaijan
Republic are put to the vote in the Parliament [Milli Majlis] of the Azerbaijan
Republic twice. The second voting shall be held 6 months after the first one.
(3) Constitutional laws on amendments to Constitution of the Azerbaijan
Republic are submitted to the President of the Azerbaijan Republic for signing
in an order envisaged in the present Constitution for laws, both after the
first and after the second voting.
(4) Constitutional laws and amendments to the Constitution of the Azerbaijan
Republic become valid after they have been signed by the President of the
Azerbaijan Republic after the second voting.
(5) Constitutional laws on amendments are integral part of Constitution of the
Azerbaijan Republic and should not contradict main text of Constitution of the
Azerbaijan Republic.
Article 157 Initiative on introduction of amendments to Constitution of the
Azerbaijan Republic
Amendments to Constitution of the Azerbaijan Republic may be proposed by the
President of the Azerbaijan Republic or at least by 63 deputies of the
Parliament [Milli Majlis] of the Azerbaijan Republic.
Article 158 Limitations on initiative on introduction of amendments to the
Constitution of the Azerbaijan Republic
Neither the President of the Azerbaijan Republic nor deputies of the Parliament
[Milli Majlis] of the Azerbaijan Republic may propose amendments to
Constitution of the Azerbaijan Republic as per provisions contained
respectively in Chapters VI and V of the present Constitution.
[Section VI] Transitional Clauses
1. The Constitution of the Azerbaijan Republic comes into force after it has
been accepted by referendum, from the day of its official publication.
Constitution (Main Law) of the Azerbaijan Republic accepted on 21 April 1978
becomes null and void from the day when the present Constitution came into
force.
2. The President of the Azerbaijan Republic elected before the present
Constitution of the Azerbaijan Republic came into force shall carry out powers
delegated to the President of the Azerbaijan Republic by the present
Constitution.
3. Paragraph 5 of Article 101 of the present Constitution is valid for the
President of the Azerbaijan Republic elected after the acceptance of the
present Constitution.
4. Powers of people''s deputies of the Azerbaijan Republic and the Parliament
[Milli Majlis] formed by Supreme Council of the Azerbaijan Republic expire on a
day of the first meeting of newly elected the Parliament [Milli Majlis] of the
Azerbaijan Republic.
The first meeting of newly elected the Parliament [Milli Majlis] of the
Azerbaijan Republic shall be held a week after at least 83 deputies of the
Parliament [Milli Majlis] of the Azerbaijan Republic have been elected. The
first session of the Parliament [Milli Majlis] of the Azerbaijan Republic will
continue till 31 May 1996.
Article 85 of the Law of the Azerbaijan Republic "On elections to the
Parliament [Milli Majlis] of the Azerbaijan Republic" accepted on 15 Aug 1995
remains valid till expiration of powers of the first calling of the Parliament
[Milli Majlis] of the Azerbaijan Republic elected based on said law.
5. From the day of acceptance of the present Constitution Cabinet of Ministers
of the Azerbaijan Republic carries out powers delegated to it by the present
Constitution.
6. From the day when the present Constitution comes into force authority of
local Councils of people''s deputies of the Azerbaijan Republic are
terminated.
Authority delegated by legislation of the Azerbaijan Republic to local Councils
of people''s deputies of the Azerbaijan Republic are carried out by local
execcutive power bodies.
7. After the present Constitution comes into force, the law on local
self-government should be taken and elections to municipalities must take place
within 2 years.
8. Provisions of laws and other normative-legal acts acting on the territory of
the Azerbaijan Republic before acceptance of the present Constitution remain
valid if they do not contradict the present Constitution.
9. Law courts of the Azerbaijan Republic acting before acceptance of the
present Constitution shall carry out justice in accordance with authority and
principles specified in the present Constitution.
10. From the day when the present Constitution comes into force, within one
year laws on status of judges, judicial system and judicial reform should be
taken in line with the present Constitution and judges of the Azerbaijan
Republic must be appointed anew.
Until said laws are taken appointment of judges to their posts and their
dismissal will be done based on legislation which existed before the present
Constitution came into force.
11. From the day when the present Constitution comes into force, within one
year the Law of the Azerbaijan Republic about Constitutional Court of the
Azerbaijan Republic shall be taken and Constitutional Court of the Azerbaijan
Republic shall be established. Until the Constitutional Court of the Azerbaijan
Republic is established authority of Constitutional Court of the Azerbaijan
Republic envisaged by the present Constitution shall not be implemented.
Question envisaged in paragraph 7, clause 3 of Article 130 of the present
Constitution will be solved by Supreme Court of the Azerbaijan Republic.
12. From the day when the present Constitution comes into force the Higher
Arbitration Court of the Azerbaijan Republic is called Economical Court of the
Azerbaijan Republic and carries out powers defined by existing legislation.
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© 1994 - 17. Feb. 2004 / For corrections please contact A. Tschentscher.