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THE CONSTITUTION OF THE AZERBAIJAN REPUBLIC
Continuing the centuries-long statehood traditions, taking as
a basis the principles expressed in the Constitution act "On the
State Independence of the Azerbaijan Republic", desiring to
provide prosperity and welfare of the whole society and each
individual, wishing to establish freedom and security,
understanding the responsibility before the past, present and
future generations, using the right of its sovereignty declares
solemnly its following intentions:
- to protect the independence, sovereignty and territorial
integrity of the Azerbaijan Republic;
- to provide a democratic system within the frames of the
Constitution;
- to achieve the establishment of a civil society;
- to build a law-based, secular state to provide the command
of law as an expression of the will of the nation;
- to provide a worthy life level for everybody in conformity
with just economic and social order;
- to remain faithful to universal human values, to live in
peace and freedom with all the nations of the world and cooperate
with them for this purpose.
Having in mind the above-enumerated sincere intentions the
Present Constitution is adopted through the general poll of
population referendum.
FIRST CHAPTER. GENERAL PROVISIONS
Section I. PEOPLE'S POWER.
ArticIe 1. Source of Power.
The Azerbaijan people shall be the sole source of state power
in the Azerbaijan Republic.
The Azerbaijan people shall include citizens of the Azerbaijan
Republic which live in the territory of the Azerbaijan Republic or
outside the country and which obey the Azerbaijan State and its
Laws. This shall not exclude norms defined by the International
Law.
Article 2. People's Sovereignty.
The Azerbaijan people shall have the sovereign right to freely
and independently decide their fate and to establish the forms of
its own governance.
The Azerbaijan people shall implement their sovereign right
via universal elections referendum and via their representatives
elected on the basis of universal, direct and equal elections by
secret and individual ballot.
Article 3. Issues solved via universal elections referendum.
The Azerbaijan people can settle every issue connected with
their rights and interests via referendum.
The below-mentioned issues can be solved solely via
referendum:
1) The adoption of the Azerbaijan Republic Constitution and
introducing changes into it;
2) The change of State Borders of the Azerbaijan Republic.
Article 4. Right to Represent People.
Nobody except authoritative representatives elected by the
people shall have the right to represent, speak for and address on
behalf of the people.
Article 5. Unity of People.
The Azerbaijan people shall be united.
The Azerbaijan people's unity shall set up the foundation of
the Azerbaijan state.
The Azerbaijan Republic shall be wholly and indivisibly
Homeland for all the citizens of the Azerbaijan Republic.
Article 6. Banning of Power Usurpation.
No part of the Azerbaijan people, either an individual, or a
social group or an organization shall have the right to usurp the
authority of the Azerbaijan people to exercise the power.
Power usurpation shall be the most serious crime directed
against the people.
Section II. FUNDAMENTALS OF THE STATE.
Article 7. Azerbaijan State.
The Azerbaijan State shall be a democratic, secular, unitary
republic.
The Azerbaijan Republic sovereign power in internal issues
shall be confined to legal rules, while in international matters
it shall be restricted to solely international agreements. State
power in "the Azerbaijan Republic shall be based on the principle
of division of powers:
Legislative power shall be implemented by the Parliament -
Milli Mejlis of the Azerbaijan Republic.
Executive power shall be vested in a President of the
Azerbaijan Republic.
Judicial power shall be administered by courts.
According to the Constitutional Provisions Executive, Legislative
and Judicial powers shall jointly co-operate and be independent
within the framework of their authority.
Article 8. Head of Azerbaijan State.
President shall be the head of the Azerbaijan Republic. He
shall represent the Azerbaijan state in home and foreign policies.
President of the Azerbaijan Republic shall embody the unity of
the Azerbaijan people and shall ensure the continuity of the
Azerbaijan state.
President of the Azerbaijan Republic shall guarantee
independence, territorial integrity and fulfillment of
international Agreements to which the Azerbaijan Republic is a
party.
President of the Azerbaijan Republic shall ensure independence
of Judicial power.
Article 9. Armed Forces.
The Azerbaijan Republic shall build its Armed Forces and
formations to ensure ire security and protection.
The Azerbaijan Republic shall reject a war as a means of
encroaching on other States' independence and settling
international conflicts.
President of the Azerbaijan Republic shall be Commander in
Chief of the Armed Forces.
Article 10. Main Principles of Foreign Policy.
The Azerbaijan Republic forms its relations with other States
on the basis of principles taken into account by universally
accepted international rules. Article 11. Territory.
The territory of the Azerbaijan Republic shall be united,
inviolable and indivisible. The Azerbaijan Republic territory
shall include the Azerbaijan Republic inner waters, the Caspian
Sea (Lake) sector relating to the Azerbaijan Republic, air space
over the Azerbaijan Republic.
The territory of the Azerbaijan Republic may not be torn away.
The Azerbaijan Republic shall net yield its territory, or part of
it, in any form, to anyone; borders can be specified only by the
Decree of the Parliament on the basis of the will of the
Azerbaijan people.
Article 12. Supreme Aim of State.
Supreme Aim of the State shall be to ensure human and civil
rights and freedoms.
The human and civil rights and freedoms enumerated in this
Constitution shall be exercised in accordance with international
Agreements to which the Azerbaijan Republic is a party.
Article 13. Property.
The property in the Azerbaijan Republic shall be inviolable
and prospected by the State.
The property can have the form of State property, private
property an municipal property.
The property shall not be used against human and civil rights
and freedoms. against interests of the society and State, against
human dignity.
Article 14. Natural Resources.
Natural resources shall belong to the Azerbaijan Republic,
without damage to the rights and interests of any physical or
juridical person.
Article 15. Economic Development and State.
The development of economy in the Azerbaijan Republic based on
various forms of property shall ensure the improvement of the
people's wellbeing.
The Azerbaijan State shall create conditions for the
development of econmy based on market relations, shall guarantee
free enterprise, shall bar the way to monopolization and unfair
competition in economic relations.
Article 16. Social Development and State.
The Azerbaijan Republic shall ensure the improvement of the
wellbeing of the people and every citizen, their social protection
and normal living standard.
The Azerbaijan Republic shall promote the development of
culture, education, medical care, science, art, shall protect the
nature of the country, historical, material and spiritual values
of the people.
Article 17. Family and State.
The family as the foundation of society shall be under special
protection of the State.
To take care of the children and their upbringing shall be the
obligation of the parents. The state shall see to it that this
obligation be fulfilled.
Article 18. Religion and State.
Religion shall be separated from the State in the Azerbaijan
Republic. All religions shall be equal by law.
The spread and propaganda of religions which humiliate human
dignity and contradict the principles of humanity shall be banned.
The State education system shall be of secular character.
Article 19. Monetary Unit.
Manat shall be the monetary unit of the Azerbaijan Republic.
The National Bank of the Azerbaijan Republic is the exclusive
property of the state. The National Bank shall have the sole legal
right to issue notes or to take them out of circulation. Usage of
any other currency besides manat as a means of payment in the
territory of the Azerbaijan Republic shall be prohibited.
Article 20. Restriction of State Loans.
The Azerbaijan Republic shall not bear responsibility and pay
loans aimed at supporting mutiny or coup d'etat against the
Azerbaijan State.
Article 21. State Language.
The Azerbaijan language shall be the State language of the
Azerbaijan Republic.
The Azerbaijan Republic shall ensure the development of the
Azerbaijan language.
The Azerbaijan Republic shall guarantee the free use and
development of other languages spoken by the population.
Article 22. Capital.
Baku shall be the capital of the Azerbaijan Republic.
Article 23. Azerbaijan State Symbols.
State symbols of the Azerbaijan Republic shall be: the
Azerbaijan Republic Flag the Azerbaijan Republic Emblem, the
Azerbaijan Republic National Anthem.
The Flag of the Azerbaijan Republic shall consist of three
wide stripes. The upper stripe shall be of blue colour, the middle
stripe shall be red and the lower one shall be green. There shall
he a white crescent and eightpointed star in the middle of the red
stripe on both sides of the Flag. The proportion of the width to
the length shall be I by 2.
The design of the Azerbaijan Republic Flag and the Azerbaijan
Republic State Emblem, the music and the text of the Azerbaijan
Republic National Anthem shall be defined by the Constitutional
Law.
SECOND CHAPTER.MAJOR RIGHTS, FREEDOMS AND RESPONSIBILITIES.
Section Ill.PRINCIPAL HUMAN AND CIVIL RIGHTS AND FREEDOMS.
Article 24. Main Principles of Human and Civil Rights
and Freedoms.
Every Citizen from the birth shall enjoy inviolable,
undeniable and inalienable rights and freedoms. Rights and
Freedoms shall also include Commitments to the Society and other
Individuals.
Article 25. Right to Equality.
Every Person shall be equal to the Law and Court.
Men and Women shall have equal Rights and Freedoms.
Every Person shall have equal Rights and Freedoms irrespective
of race, nationality, religion, sex, origin, property status,
social position, convictions, political party, trade union
organization and social unity affiliation. Limitations or
recognition of Rights and Freedoms because of race, nationality,
social status, language origin, convictions and religion shall be
prohibited.
Article 26. Protection of Human and Civic Rights and Freedoms.
Every Person shall be authorized to defend his/her human
Rights and Freedoms by accepted means.
The State shall ensure the protection of human Rights and
Freedoms.
Article 27. Right to Live.
Everyone shall have the right to Live.
Every citizen's right to Live shall be inviolable with the
exception of cases when as a result of the armed attack an enemy
soldier is killed, capital punishment is executed according to the
court's decision and other cases specified by Law.
Capital punishment as an extreme measure of punishment while
it is still in force can be applied to an individual for commiting
a grave crime against the State and different Persons.
Use of weapon against a human being shall be authorized in
specified by Law cases of required defence, urgency, capture and
detention of a criminal, prevention of a convict's escape from
places of confinement, prevention of a revolt or a coup against
the State, fulfillment of the order given by the authoritative
official during the emergency situation and martial law, armed
attack on the country.
Article 28. Right to freedom.
Everybody shall have the right to Freedom.
The right to Freedom shall only be limited by detention,
arrest or imprisonment via procedures stipulated by Law.
Legally anybody in the territory of the Azerbaijan Republic
shall be able to freely move and choose place of domile for
himself/herself and to travel outside Azerbaijan.
A citizen of the Azerbaijan Republic shall have the right to
come back to his/her country unhampered.
Article 29. Right to Property.
Every Person shall have the right to Property.
No form or kind of property shall have any advantage. The
Property right, including the private property right, shall be
protected by Law.
Every individual may possess movable and immovable Property.
The Property right shall consist of the owner's right to possess,
use and dispose the Property, individually or jointly
No one shall be dispossessed without the decision of court.
The Property shall not be totally expropriated. The alienation of
the Property for I he State needs or social needs shall be allowed
only upon preliminary fair reimbursement of its value.
The State shall secure the succession right.
Article 30. Right to Intellectual Property.
Every Person shall have the right to Intellectual Property.
Copyright, inventive right and other forms of intellectual
property shall be guaranteed by the State.
Article 31. Secure Life.
Every Person shall have the right to Secure Life.
With the exception of cases specified by Law, infringement upon
Person's life, his/her physical and mental health, property,
residence, use or force against him/her shall be prohibited.
Article 32. Personal Inviolability.
Everyone shall have the right to Personal Inviolability.
Everybody shall have the right to preserve personal and family
secrets. Except cases specified by Law interference into a
Person's life shall not be authorized.
Collecting, preserving, using and spreading information
relating to a Person's life without consent shall not be
permitted.
The State shall ensure everybody's right to keep secrets of
correspondence, mail, telegraph and other postal services. This
right may be limited in order to prevent a crime or while
investigating a criminal case exercised in accordance with
procedures specified by Law.
Article 33. Inviolability of Residence.
Every Person shall have the right to the Residence
Inviolability.
With the exception of cases specified by Law or Court no one
shall be authorized to enter the Apartment against the will of the
Resident.
Article 34. Right to Marriage.
Everybody shall have the right to Marriage upon reaching the
age specified by Law.
Marriage shall be contracted on the basis of voluntary
consent. No one shall be forced to marry.
Family and Marriage shall be under protection of the State.
Mothers, fathers, children shall be protected by Law. The State
shall render assistance to large families.
Husband and Wife shall have equal rights. Parents shall have
both the right and the obligation to take care of Children and to
raise them.
Children shall have the obligation to take care of their
Parents. Able-bodied Children upon reaching the age of 18 shall
have the right to support their invalid Parents.
Article 35. Right to Labour.
Labour shall be the basis of individual and social well-being.
Every Person depending on working skills shall have the right
to freely choose kind of activity, qualification, position and
area of employment. No one shall be forced to work. Labour
contracts shall be freely signed. No one shall be forced to sign
contracts.
Enlisting people to hard labour, forcing them to labour in
connection with the Decrees issued by authoritative officials when
in active service, forcing people to fulfill required work during
state of emergency and martial law shall be authorized taking into
consideration conditions and terms of Court Decision.
Every Person shall have the right to work under safe and
healthy conditions, to get without distinction no less than fixed
by the State minimum salary for fulfilled labour.
Unemployed shall have the right to get social benefits from
the State.
The State shall do everything in its power to eradicate
unemployment.
Article 36. Right to Strike.
Every Person shall have the right to Strike either alone or
together with others.
The right to Strike of people working on Contract basis can be
limited only in cases specified by Law. Military and civil Persons
serving in the Armed Forces and other armed formations of the
Azerbaijan Republic shall not go on Strike.
Individual and group labour disputes shall be settled in order
stipulated by Law.
Article 37. Right to Rest.
Every Person shall have the right to Rest.
The people working on contract basis with maximum 8-hour
working day shall be guaranteed rest and holiday days, at least
21-day paid annual leave.
Article 38. Right to Social Security.
Every Person shall have the right to Social Security.
It shall be the obligation of the family members in the first
place to render assistance to those people in their family who
need it.
Every Person shall have the right to Social Security in old
age, sickness as stipulated by Law, disability, when losing work
ability or the breadwinner of the family, when unemployed and in
other cases specified by Law.
Minimum extent of pensions and social benefits shall be
defined by Law.
The State shall create possibilities for developing charity
work, voluntary social insurance, and other forms of social
security and shall do all the best to promote their development.
Article 39. Right to Live in Healthy Environment.
Every Person shall have the right to live in healthy
environment. Everybody shall have the right to collect information
on environmental situation and to get compensation for damage
rendered to the health and property due to the violation of
ecological rights.
Article 40. Right to Culture.
Every Person shall have the right to participate in cultural
life, make use of cultural institutions and cultural wealth.
Every Person shall treat with respect historical, cultural and
spiritual values, preserve them and protect cultural monuments.
Article 41. Right to Health Protection.
Every Person shall have the right to Health Protection and
Medical Aid.
The State acting on the basis of various forms of property
shall implement necessary measures to promote the development of
all aspects of health services, ensure the sanitary-
epidemiological security, create various forms of medical
insurance.
Authoritative Persons shall be made answerable for concealing
the facts and cases that create danger to life and health of
people.
Article 42. Right to Education.
Every Person shall have the right to get an Education.
The State shall guarantee the right to get compulsory
secondary education free.
Control shall be exercized on the part of the State.
Irrespective of financial position the State shall guarantee that
talented and merited Persons continue their education.
The State shall set up minimum educational standards.
Article 43. Right to Residence.
No one shall be deprived of his/her residence.
The State shall give loans for the construction of houses and
blocks of apartments, shall take measures in order to implement
Residence right.
Article 44. National and Ethnic Identity.
Every Person shall have the right to preserve national/ethnic
identity.
No one can be deprived of the right to change naional/ethnic
identity.
Article 45. Right to Use Native Language.
Every Person shall have the right to use Native language.
Everyone shall have the right to be raised and get an education,
be engaged in creative activities in Native Language.
No one can be deprived of the right to use Native Language.
Article 46. Protection of Honor and Dignity.
Everybody shall have the right to protect his/her Honor and
Dignity.
The State shall protect personal dignity. Nothing can justify
humiliation of personal dignity.
Nobody can be tortured or tormented, nobody shall suffer from
a treatment or punishment humiliating human dignity. Nobody shall
be experimented upon medically, scientifically or in any other way
- without his/her volunteer consent.
Article 47. Freedom of Thought and Speech.
Every Person shall have the freedom of Thought and Speech.
Nobody shall be forced to identify or refuse his/her ideas and
principles.
Propaganda inciting racial, ethnic or religious animosity or
hostility shall be banned.
Article 48. Freedom of Consciousness.
Every Person shall have the right to freedom of Consciousness
and Religion.
Everybody shall have the right to independently define his/her
attitude towards Religion, to profess Religion alone or together
with other, or to profess no Religion at all, to express and
spread convictions.
Free conduct of religious rites if it doesn't violate public
order or public morality shall be authorized.
Violation of the freedom of Religion and self-expression shall not
be justified.
Article 49. Freedom of Gatherings.
Every Person shall have the right to freely gather with
others.
Everybody shall have the right, upon notification of
corresponding government bodies in advance, to peaceful, unarmed
gatherings, meetings, demonstrations, rallies, street processions,
pickets together with others.
Article 50. Freedom of Information.
Every Person shall have the right to legally seek, get, pass,
prepare and spread information.
Freedom of mass media shall be ensured. State censorship in
mass media, including print media, shall be forbidden.
Article 51. Freedom of Creative Work.
Every Person shall have the freedom of Creative Work.
The State shall ensure the realization of belles-letters
fiction, scientific- technical and other forms of creative work.
Article 52. Right to Citizenship.
A Person having political and judicial relation to the
Azerbaijan Republic as wen as mutual rights and obligations shall
be a Citizen of the Azerbaijan Republic. A Person born a Citizen
of the Azerbaijan Republic shall be a Citizen of the Azerbaijan
Republic. A Person whose one parent is a Citizen of the Azerbaijan
Republic shall be a citizen of the Azerbaijan Republic.
Article 53. Guarantee of the Citizenship Right.
A Citizen of the Azerbaijan Republic can under no
circumstances be deprived of his/her citizenship of the Azerbaijan
Republic.
A Citizen of the Azerbaijan Republic can under no
circumstances be driven away from the Azerbaijan Republic or
extradited to a foreign State.
The Azerbaijan Republic shall ensure the legal defence of
Citizens of the Azerbaijan Republic who reside temporarily or
permanently in abroad and shall protect them.
Article 54. Right to Participate in Political Life
of Society and State.
Citizens of the Azerbaijan Republic shall have the right to
participate without hindrance in the political life of the society
and the state.
Every Citizen of the Azerbaijan Republic shall have the right
to independently show resistance to the attempt of a mutiny
against the State or forced change of the constitutional order.
Article 55. Right to Participate in the State Governing.
Citizens of the Azerbaijan Republic shall have the right to
participate in the Government. They can implement this right
directly or via their representatives.
Citizens of the Azerbaijan Republic shall have the right to
serve in government bodies. Officials to government bodies shall
be appointed from Citizens of the Azerbaijan Republic. Foreign
Citizens and Persons without citizenship can be taken to
Government service in the order specified by Law.
Article 56. Election Right.
Citizens of the Azerbaijan Republic shall have the right to
elect and be elected to the government bodies, and to participate
in referendums.
Persons whose incapacity has been determined by the court
shall not have the right to participate in the elections as well
as in the referendum.
Professional military persons, judges, government officials,
persons sentenced to imprisonment according to court's decision
brought into effect, religious people and other people mentioned
in the present Constitution and Laws shall be limited in their
right to participate in elections.
Article 57. Right to Address.
Citizens of the Azerbaijan Republic shall have the right to
personal Address as well as the right to send individual and
collective written petitions to government bodies. Response to
each Address must be given within the order and terms specified by
Law.
Citizens of the Azerbaijan Republic shall have the right to
criticize the activity of government bodies, their officials,
political parties, trade unions, other public unions, and
individuals. Persecution for the critics shall be banned. Insult
and slander cannot be considered critics.
Article 58. Right to Unification.
Every Person shall have the right to unite with others. Every
Person shall have the right to set up any organization, as well as
a political party, trade union and any other public amalgamations,
or to enter an already existing union. Independent performing of
all unions shall be guaranteed.
No one can be enforced to enter a union or to remain its
member.
The activity of unions which pursue the aim of overthrowing
the legitimate State power in the whole territory of the
Azerbaijan Republic or in any part of it shall be banned. The
occupation of unions which violate the Constitution and laws can
be stopped solely in the order specified by court.
Article 59. Right to Freedom of Enterprise.
Every Person shall have the right using, his/her
possibilities, abilities and property, to be independently or
jointly with others engaged in business activity or in any other
kind of economic activity authorized by Law.
Article 60. Judicial Guarantee of Rights and Freedoms.
Rights and freedoms of every Person shall be guaranteed in a
court. Every Person can complain in the court of actions (or
inactions) of State bodies, political parties, trade unions, other
public unions and officials.
Article 61. Right to Get Legal Help.
Every Person shall have the right to get qualitative legal
assistance. In cases specified by Law legal help shall be rendered
free at the expense of the State.
Every Person From the moment of being detained, arrested,
charged with crime on the part of authoritative State bodies shall
have the right to resort to the help of the defender.
Article 62. Banning of Changes in Court Jurisdiction.
Every Person shall have the right to have his/her case
considered in a specified by Law court. Consideration of the case
in another court without the Person's consent shall be prohibited.
Article 63. Presumption of Innocence.
Every Perser shall have the right to the Presumption of
Innocence. Every Person who is charged with a crime shall be
considered innocent until he/she is pleaded guilty in the order
specified by Law, and a verdict passed by the court has come into
effect. In case there are gounded suspicions concerning a Person's
guilt, it shall not be permitted to bring in a verdict of guilty
with respect to the Person.
A Person who is charged with a crime shall not be obliged to
prove his/her innocence.
Evidence obtained via violating the Law cannot be used when
exorcizing justice.
No one can be found guilty of committing a crime without the
verdict passed by the court.
Article 64. Banning of Repeated Conviction for the Same Crime.
No one shall be convicted repeatedly for the same crime.
Article 65. Right of Repeated Appeal to Court.
Every Person shall have the right to appeal to higher court on
reconsideration of the verdict passed with respect to him/her in
the order specified by Lair as veil as appeal for pardon and
mitigating the punishment.
Article 66. Banning of Forced Testifying Against Relatives.
No one can be forced to testify against himself/herself,
wife(husband), children, parents, brother, sister. A complete list
of relatives against whom testifying is not imperative shall be
determined by Law.
Article 67. Rights of the Detained, Arrested,
and Charged with Committing crime.
Every Person who has been detained, arrested, charged with a
crime on the part of authoritative State bodies must be given
immediate explanation of his/her rights and the reason for being
arrested and sued to court.
Article 68. Right to Demand Compensation for Damage.
The rights of a Person who has been a victim of a crime and
abuse of power, shall be protected by the State. A victim shall
have the right to participate in court examination and to demand
compensation for damage rendered to him/her.
Every Person shall have the right to get a compensation from
the State for the damage rendered to him/her as a result of
illegal actions or inaction of government bodies or their
officials.
Article 69. Rights of Foreign Citizens and
Persons without Citizenship.
Foreign citizens and Persons without citizenship in the
Azerbaijan Republic can enjoy all rights and freedoms and shall
fulfil all the obligations together with the citizens of the
Azerbaijan Republic, if they(the latters) do not contradict the
Law or International Agreement to which the Azerbaijan Republic is
a party.
Rights and freedoms of foreign citi- zens and people without
citizenship residing permanently or temporarily in the territory
of the Azerbaijan Republic can be restricted only in accordance
with the international legal norms and laws of the Azerbaijan
Republic.
Article 70. Right to Political Asylum.
According to the universal international legal norms the
Azerbaijan Republic shall grant political asylum to foreign
citizens and persons without citizenship.
Extradition to another State of Persons persecuted for their
political convictions and deeds which are not considered crimes in
the Azerbaijan Republic shall not be authorized.
Article 71. Guarantees for Human and Civil
Rights and Freedoms.
Executive Legislative and Judicial powers shall observe and
protect human rights and freedoms fixed in the Constitution.
No one shall stop the implementation of human rights and
freedoms. It is only on declaration of war, martial law and
emergency situation, as well as mobilization that implementation
of human rights and freedoms can be partially and temporary
stopped taking into consideration international obligations of the
Azerbaijan Republic. The population shall be notified in advance
on the temporary freezing up of human rights and freedoms
implementation.
No Person shall be compelled to make public religious and
other convictions and thoughts and be persecuted for them.
None of the Provisions of the Constitution shall be
interpreted as the ones directed at the Abolishment of human
rights and freedoms.
Human rights and freedoms shall be in force immediately in the
territory of the Azerbaijan Republic.
Disputes in relation to Human Rights and Freedoms shall be
solved in court.
No one can answer for the deed which at the time of being
committed wasn't considered as a violation of Law. If after
violating the Law the new Law has removed or mitigated the
responsibility for such actions the new Law shall be applied in
that case.
Section IV. PRINCIPAL OBLIGATIONS OF CITIZENS.
Article 72. Principal Obligations of Citizens.
Every Person shall bear responsibilities to the State and the
society, which directly arise from his rights and freedoms.
Every Person must observe the Constitution and the Laws of the
Azerbaijan Republic, respect rights and freedoms of other people,
execute determined by Law other responsibilities. Ignorance of the
Law shall not relieve a Person of hit/her responsibility.
Article 73. Taxes and other State Duties.
Every Person shall have a responsibility to pay imposed by the
Law taxes and other State dues in full volume and without delay.
A Person cannot be forced to pay taxes and other State dues
over and above the volume determined by the Law and if there are
no specified by the Law reasons.
Article 74. Loyalty to Homeland.
Loyalty to Homeland shall be sacred.
Persons employed via election or appointment in Legislative,
Executive and Judicial bodies shall bear responsibility for proper
and accurate implementation of their obligations and in cases
specified by the Law take an oath. A Person holding a position via
election or appointment in Legislative, Executive and Judicial
bodies, who has taken the oath of allegiance to the Constitution
of the Azerbaijan Republic, shall be considered to have resigned
from holding position and cannot hold this position any more, if
he/she is charged with the crime against the independence of the
Azerbaijan Republic, its constitutional order, mutiny against the
State or overthrow of the government and if the Person is
convicted on the basis of this charge.
Article 75. Respect For State Symbols.
Every citizen must respect State Symbols of the Azerbaijan
Republic its Flag, Emblem and National Anthem.
Article 76. Defence of Homeland.
Defence of Homeland shall be the duty of every citizen.
Citizens shall serve in the armed forces according to the order
specified by the Law.
If serving in the armed forces runs counter to a Person's
convictions then active military service can be replaced by an
alternative one in the cases specified by the Law.
Article 77. Protection of Historical and Cultural Monuments.
To protect historical and cultural monuments shall be the duty
of every Person.
Article 78. Environmental Protection.
Protection of Environment shall be the duty of every Person.
Article 79. Prohibition To Execute Responsibilities
Contracdicting The Law.
A Person cannot be compelled to execute responsibilities
contradicting the Constitution and the Laws of the Azerbaijan
Republic.
Article 80. Answerability.
Violation of the present Constitution and the Laws of the
Azerbaijan Republic as veil as abuse of rights and freedoms and
failure to fulfill responsibilities, specified by the present
Constitution and the Laws of the Azebaijan Republic shall entail
answerability determined by the Law.
THE THIRD PART. STATE POWER
Section V. LEGISLATIVE POWER.
Article 81. Execution of Legislative Power.
The Legislative power shall be executed by the Milli Mejlis of
the Azerbaijan Republic.
Article 82. Quantitative Composition of Milli Mejlis
of Azerbaijan Republic.
The Milli Mejlis of the Azerbaijan Republic shall consist of
125 Deputies.
Article 83. Principles of Azerbaijan Republic
Milli Mejlis Elections.
Deputies of Mili Mejlis of the Azerbaijan Republic shall be
elected on the basis of majority and proportionate election
systems and universal, equal, direct elections by free, individual
and secret ballot.
Article 84. Term of Office for Members of Milli Mejlis
of the Azerbaijan Republic
The term of office of the Milli Mejlis of the Azerbaijan
Republic shall be 5 (five) years.
Elections of the Milli Mejlis members shall be held every five
years on the first Sunday of November.
The term of office for the members of the Milli Mejlis of the
Azerbaijan Republic shall be limited by the term of office of the
Milli Mejlis of the Azerbaijan Republic. If the new elections are
held to replace the Deputies, that have quit the Milli Mejlis
membership, with the new ones, the term of office of the newly
elected Deputy shall be limited to the term of office of the Milli
Mejlis of the Azerbaijan Republic.
Article 85. Requirements to Candidates to Deputies
of Milli Mejlis of the Azerbaijan Republic.
Every citizen of the Azerbaijan Republic who has reached the
age of 25 can be elected a Deputy - member of the Milli Mejlis of
the Azerbaijan Republic in the order determined by the Law.
Persons who have dual citizenship, are in State service in
other countries, work in Executive or Judicial bodies, Persons
engaged in a different paid activity with he exception of
scientific, creative and teaching work, ministers of religion.
Persons whose inactivity has been confirmed by court. Persons who
serve their sentence in places of confinement by the court's
verdict cannot be elected Deputies.
Article 86. Check up and Confirmation of Election Results.
The correctness of the results of the elections shall be
checked and confirmed by the Constitutional Court of the
Azerbaijan Republic.
Article 87. Expiration of Term of Office.
The term of office of the members of the Milli Mejlis of the
Azerbaijan Republic shall expire on the day of the first sitting
of the newly elected Milli Mejlis of the Azerbaijan Republic.
The elections to replace the Deputies who have left the Milli
Mejlis of the Azerbaijan Republic shall not be held if less than
120 days remains till the expiration of the term of office.
The Milli Mejlis of the Azerbaijan Republic shall have power
provided the authority of 83 members be confirmed.
Article 88. Sessions of Milli Mejlis
of the Azerbaijan Republic.
The Milli Mejlis shall summon two regular Sessions every year.
The spring Session shall start on 1st of February and it shall
last till 31 of May. The fall Session shall start on 30th of
September and it shall last till 30th of December. In case 1st of
February and 30th of September fall on days off then the Session
shall start its work the first following working day. If after
elections to the Azerbaijan Republic Milli Mejlis the authority of
its 83 members are not confirmed till 1st of February, then the
Constitutional Court of the Azerbaijan Republic shall fix the date
of the first Session of the Azerbaijan Republic Milli Majlis.
After approving authority of 83 members of the Azerbaijan Republic
Milli Mejlis the first session of the Azerbaijan Republic Milli
Mejlis shall be summoned within one week starting from the day of
approval but not later.
Special Sessions of the Azerbaijan Republic Milli Mejlis shall
be summanned by the Chairman of the Azerbaijan Republic Milli
Mejlis at the request of the President of the Azerbaijan
Republic, 42 Deputies of the Milli Mejlis.
The Agenda of the Special Session shall be worked out by those
members who required its convocation. After consideration of
agenda items the work of the Special Session shall be completed.
Article 89. Disfranchisement of Membership to Milli Mejlis
of the Azerbaijan Republic
and Loss of Deputy Power.
A member of the Azerbaijan Milli Mejlis shall lose its power
in the below - mentioned cases:
1) the wrong accounting of votes during the elections has been
revealed;
2) the citizenship of the Azerbaijan Republic has been lost or
citizenship of another country has been granted;
3) a crime has been committed and there is court's decision
that has entered into effect;
4) a position held in government bodies, being a minister of
religion, being engaged in the business, commercial of other paid
activity (excepting scientific, teaching and creative activity);
5) resignation of his/her own accord;
6) disbandment of the party of which he/she is a member.
The rules of disfranchisement of the membership to the Milli
Mejlis of the Azerbaijan Republic shall be set up by the Law.
The members of the Azerbaijan Republic Milli Mejlis shall be
considered to have lost their power when being unable to execute
their power and in other cases specified by the Law. The order of
taking such a decision shall be set up by the Law.
Article 90. Deputy Immunity.
The Deputy during the term of once shall have personal
immunity. With the exception of cases when he has been caught red-
handed, the Deputy at the term of office cannot be brought to
court, detained, administrative measures of punishment cannot be
applied to the him/her, he/she cannot be arrested or punished in
some other way, he cannot be searched, examined. The Deputy can be
detained if caught red-handed. In this case the body which has
detained the Deputy must inform the General Prosecutor of the
Azerbaijan Republic about it.
The Deputy immunity can be stopped only by the decision of the
Milli Mejlis of the Azerbaijan Republic on the basis of the
General Prosecutor's representations.
Article 91. Prohibition against Making Deputies Answerable.
The Deputies of the Milli Mejlis of the Azerbaijan Republic
cannot be made answerable for their activity in the Milli Mejlis,
voting in the Milli Mejlis and ideas expressed in the Milli
Mejliii. Concerning these cases explanations and evidence can be
required only with their consent.
Article 92. Coordination of Work of Milli Mejlis
of the Azerbaijan Republic.
The Milli Mejlis of the Azerbaijan Republic shall set up the
procedure of its work, it also shall choose the Chairperson and
its Assistants, organize permanent and other commssions, sets tip
Counting Chamber.
Article 93. Acts of Milli Mejlis of the Azerbaijan Republic.
The Milli Mejlis of the Azerbaijan Republic on issues relating
to its sphere of competence shall pass Laws, Constitutional Laws,
and Resolutions.
Constitutional Laws, Laws and Resolutions shall be passed by
the Milli Mejlis in the order specified by the present
Constitution.
Members of the Milli Mejlis shall personally exercise the
voting right.
Laws and Resolutions of the Azerbaijan Republic Milli Mejlis
can not stipulate concrete tasks to Executive bodies and courts.
Article 94. General Rules Determined by Milli Mejlis
of the Azerbaijan Republic.
The Milli Mejlis of the Azerbaijan Republic shall determine
general rules on the following issues:
1) use of human and civil rights and freedoms. State guarantee
of these rights and freedoms;
2) the Azerbaijan Republic Presidential elections;
3) elections to the Milli Mejlis of the Azerbaijan Republic
and the status of members of the Milli Mejlis of the Azerbaijan
Republic;
4) referendum;
5) court system and the status of judges, attorneyship, bar
and notary business;
6) legal proceedings, implementation of court's decisions;
7) municipal elections and status of municipalities;
8) emergency situation regime; martial law regime;
9) State awards;
10) the status of physical and juridical Persons;
11) objects of Civic Law;
12) transactions civil law Agreements, representations and
inheritance;
13) right of ownership, including legal regime of State,
private and municipal property, right of intellectual property;
other propertty rights; obligation right;
14) family relations including trusteeship and guardianship;
15) foundations of finance activity, taxes, duties and
payments;
16) labor relations and social security;
17) determination of crimes and law violations imposing
answerability for their commitment;
18) defence and military service;
19) State service;
20) foundations of security;
21) territorial set up regime of State borders;
22) ratification and denunciation of international agreements;
23) communications and transport;
24) statistics, metrology and standards;
25) customs;
26) commerce and transaction;
27) banking, accounting, insurance;
28) On issues mentioned in items 2, 3 4 of the present paper
the Laws shall be passed by a majority of 83 votes, on the
remaining issues - a majority of 63 votes shall be needed to pass
a Law.
The first part of the present Article can be supplemented by
the Constitutional Law.
Article 95. Issues solved by Milli Mejlis
of the Azerbaijan Republic.
The Milli Mejlis of the Azerbaijan Republic shall be
authonrized to settle the following matters:
1) arrangement of work of the Azerbaijan Republic Milli
Mejlis;
2) establishment of diplomatic representation upon the
President's representation;
3) administrative-territorial division;
4) ratification and denunciation of Treaties, Agreements and
Conventions;
5) ratification of the State fiscal budget on the
representation of the President of the Azerbaijan Republic and
exercising control over its use;
6) amnesty;
7) ratification of the military doctrine upon the
representation of the Azerbaijanian President;
8) ratification of the President's Decrees in cases specified
by the present Constitution;
9) giving consent to the candidate being appointed to the post
of the Prime-Minister of the Azerbaijan Republic upon the
representation of the President of the Azerbaijan Republic;
10) appointment of members of the Constitutional Court and
Supreme Court of the Azerbaijan Republic upon the representation
of the President of the Azerbaijan Republic;
11) appointment of the General Prosecutor on the
representation of the President of Azerbaijan Republic, giving
consent to release the General Prosecutor from the holding
position on the representation of the President of the Azerbaijan
Republic;
12) to remove from holding position via impeachment the
President of the Azerbaijan Republic on the representation of the
Constitutional Court;
13) remove judges from holding positions on the representation
of the President of the Azerbaijan Republic;
14) to solve the issue of confidence in the Cabinet of
Ministers of the Azerbaijan Republic;
15) appointment to and removal from the position of the
Chairperson of the Board Committee of the Azerbaijan Republic
National Bank and members of the Board Committee on the
representations of the President of the Azerbaijan Republic;
16) give consent to enlist armed forces to the fulfillment of
obligations not connected with their main purpose on the basis of
the representation of the President of the Azerbaijan Republic;
17) give consent to declare a war in the basis of the address
of the President of the Azerbaijan Republic;
18) appoint referendum;
19) setting up Auditing Chamber. On issues pointed out in
items 1-5 of the present Article Laws shall be passed by a
majority of 63 votes, as for the remaining issues Resolutions
shall be passed in the same order if the present Constitution
doesn't stipulate another order.
Resolutions shall be passed also on other issues which the
the Constitutional Law.
Article 96. Right to Legislative Initiative.
The right to Legislative Initiative (the right to introduce
for the Parliament discussion draft laws and other issues) in the
Parliament shall belong to the Deputies, the President of the
Azerbaijan Republic, the Constitutional Court of the Azerbaijan
Republic and All Majlis of the Nakhichevan Autonomous Republic.
Draft Laws put forward as a legislative initiative by the
President of the Azerbaijan Republic, Supreme Court of the
Azerbaijan Republic or Ali Mejlis of the Nakhichevan Autonomous
Republic shall be submitted to the Milli Mejlis of the Azerbaijan
Republic for discussion and put to the vote the way they are
presented.
The changes in the Draft Laws shall be 'introduced by consent
of the body that has used the right of legislative initiative.
Draft Laws tabled by the President of the Azerbaijan Republic,
the Constitutional Court of the Azerbaijan Republic or Ali Mejlis
of the Nakhichevan Autonomous Republic for the discussion in the
Azerbaijan Republic Parliament as a Legislative Initiative shall
be submitted for discussion and shall be put to the vote, the way
they are submitted.
Draft Laws submitted as a Legislative Initiative by the
President of the Azerbaijan Republic, the Constitutional Court of
the Azerbaijan Republic or Ali Mejlis of the Nakhichevan
Autonomous Republic shall be put to the vote in the Azerbaijan
Republic Parliament for the term of two months.
Upon declaring the Draft Law urgent on the part of the
President of the Azerbaijan Republic, the Constitutional Court or
Ali Mejlis of the Nakhichevan Autonomous Republic this term shall
make 20 days.
Article 97. Term of Submitting Laws for Signing.
The Laws shall be submitted to the President of the Azerbaijan
Republic for signing within 14 days since the day of adoption.
The Draft Law which has been declared urgent shall be
submitted to the President of the Azerbaijan Republic for signing
within 24 hours since its adoption.
Article 98. Enforcement of Laws of the Azerbaijan
Republic Milli Mejlis.
The Law and the Resolutions shall come into effect since the
day of publication if the Law or the Resolution itself does not
specify a different order
Section VI. EXECUTIVE POWER.
Article 99. Affiliation to Executive Power.
Executive power in the Azerbaijan Republic shall belong to the
President of the Azerbaijan Republic.
Article 100. Requirements to the candidates
for the President of the Azerbaijan Republic.
Every Person no younger than 35 years old, permanently
residing in the territory of the Azerbaijan Republic for more than
10 years, having election right, a University Degree, who has
never been tried for a major crime, who has no commitments towards
other States, exclusively a citizen of the Azerbaijan Republic
shall have the right to be elected President of the Azerbaijan
Republic.
Article 101. Foundations for the Azerbaijan Republic
Presidential Elections.
The President of the Azerbaijan Republic shall be elected for
the term of 5 years via universal, direct and equal elections by
free, individual and secret ballot.
The President of the Azerbaijan Republic shall be elected by
the majority of two thirds of votes participating in the voting.
If this majority is not collected during the first round of
elections, then the second round of elections shall be held on the
second Sunday after the elections. Two candidates only, who have
polled most votes in the first round, shall participate in the
second round, or in case those candidates who have polled most
votes have recalled their candidacies, it shall be two candidates
following the first ones.
The candidate who has collected in the second round a majority
vote is considered to be elected President of the Azerbaijan
Republic.
No Person can be elected President of the Azerbaijan Republic
more than twice.
The order of applying the present article shall be set up by
the Law.
Article 102. Results of the Azerbaijan Republic
Presidential Elections.
Information on the results of the elections shall be
officially announced by the Constitutional Court of the Azerbaijan
Republic within 7 days after the elections.
Article 103. Oath of Allegiance of Person Elected
President of the Azerbaijan Republic.
A Person who has been elected President of the Azerbaijan
Republic within 3 days starting from the announcement day of the
Presidential election results with the participation of Judges of
the Constitutional Court shall take the following oath: "While
executing power of the President of the Azerbaijan Republic I
swear to observe the Constitution of the Azerbaijan Republic,
defend sovereignty and territorial integrity of the State, to
serve the people in a dignified manner".
From the day of swearing in the President shall be considered
to have entered upon his duties.
Article 104. Inability of President of the Azerbaijan Republic
to Permanent Execute his Authority.
The President shall be considered to have lost his power
before the appointed time when he retires, loses ability to
implement for health reasons his obligations, or is removed from
once in cases and in the order specified by the present
Constitution.
When the President of the Azerbaijan Republic retires his
request on retirement shall be submitted to the Constitutional
Court of the Azerbaijan Republic. The Constitutional Court of the
Azerbaijan Republic having ascertained that the President has
personally sent in his resignation shall take a decision on
approving the Azerbaijan Republic President's resignation. From
that moment on the President shall be considered to have resigned
from his position in connection with his retirement.
Upon the representation of information concerning the
President's complete loss of ability for health reasons to execute
his power, the Milli Mejlis shall address the Constitutional Court
of the Azerbaijan Republic for elucidating the fact. The
Constitutional Court of the Azerbaijan Republic shall take a
decision on this issue by a majority of 6 votes. If the
Constitutional Court does not confirm this fact, then the issue
shall be considered settled.
Article 105. Execution of Obligations of the Azerbaijan
Republic President upon His Retirement.
When the President retires from the position before the
appointed time new Presidential elections shall be held within
three months. In this case the Chairperson of the Milli Mejlis of
the Azerbaijan Republic shall perform duties of the President of
the Azerbaijan Republic.
If during this term acting President of the Azerbaijan
Republic chairman of the Milli Mejlis of the Azerbaijan Republic
resigns, completely loses for health reasons the ability to
emplement his power, then the obligations of the President of the
Azerbaijan Republic shall be fulfilled by the Prime-Minister of
the Azerbaijan Republic.
When there is no possibility for the Prime-Minister of the
Azerbaijan Republic to exercise power of the President of the
Azerbaijan Republic for reasons pointed out in the second half of
the present Article the Milli Mejlis of the Azerbaijan Republic
shall pass a Resolution on the executing authority of the
President of the Azerbaijan Republic by another official.
Article 106. Immunity of President of the Azerbaijan Republic.
The President of the Azerbaijan Republic shall have the right
of immunity.
The honor and dignity of the president of the Azerbaijan
Republic shall be protected by Law.
Article 107. Removing from Position of President of the
Azerbaijan Republic.
When a grave crime has been committed by the President of the
Azerbaijan Republic the issue concerning the removal of the
President of the Azerbaijan Republic from his position can be put
forward before the Milli Mejlis of the Azerbaijan Republic on the
initiative of the Constitutional Court of the Azerbaijan Republic
on the basis of the conclusion drawn by the Supreme Court of the
Azerbaijan Republic within 30 days.
The President of the Azerbaijan Republic can be removed from
office on the basis of the Resolution passed by the majority of 95
votes of the Deputies. This Resolution shall be signed by the
Constitutions Court of the Azerbaijan Republic. If within one week
the Constitutional Court of the Azerbaijan Republic does not come
out in favor of signing this Resolution, the Resolution shall not
come into effect.
The Resolution on the removal of the President from office
shall be passed within 2 months since the day of the
Constitutional Court addressing the Milli Mejlis of the Azerbaijan
Republic. If within this term the mentioned Resolution is not
passed the accusation shall be turned down.
Article 108. Maintenance of President
of the Azerbaijan Republic.
The President of the Azerbaijan Republic and his family shall
be maintained at the expense of the State. Security of the
President of the Azerbaijan Republic and his family shall be
ensured by special guard services.
Article 109. Power of President of Azerbaijan Republic.
The President of the Azerbaijan Republic:
1) shall appoint elections to the Milli Mejlis of the
Azerbaijan Republic;
2) shall submit the State budget of the Azerbaijan Republic to
the Milli Mejlis for ratification;
3) approves State economic and social programs;
4) on co-ordination with the Milli Mejlis of the Azerbaijan
Republic shall appoint the Prime-Minister of the Azerbaijan
Republic and shall remove from position the Prime-Minister of the
Azerbaijan Republic; the Milli Mejlis of the Azerbaijan Republic
shall perform duties of the President of the Azerbaijan Republic.
5) shall appoint to position and remove from position members
of the Cabinet of Ministers of the Azerbaijan Republic; in
required cases shall preside at the meetings of the Cabinet of
Ministers of the Azerbaijan Republic;
6) shall take a decision on resignation of the Cabinet of
Ministers;
7) shall set up central and local executive bodies for
exercising executive pointer within the expenses planned by the
State budget of the Azerbaijan Republic;
8) shall annul the Resolutions and Orders of the Cabinet of
Ministers of the Azerbaijan Republic, the Cabinet of Ministers of
the Nakhichevan Autonomous Republic, Acts of central and local
executive bodies;
9) shall submit a proposal to the Milli Mejlis of the
Azerbaijan Republic on the appointment and removing from the
position of judges of the Constitutional Court. The Supreme Court
of the Azerbaijan Republic and the Economic Court of the
Azerbaijan Republic; on co-ordination with the Milli Mejlis of the
Azerbaijan Republic shall appoint to and remove General Prosecutor
of the Azerbaijan Republic from holding position: appoint to the
position of judges of other courts of Azerbaijan Republic:
10) shall submit proposals to the Milli Mejlis of the
Azerbaijan Republic on the appointment to the position and removal
from the position the members of the Board Committee of the
National Bank of the Azerbaijan Republic;
11) shall submit military doctrine of the Azerbaijan Republic
to the Milli Mejlis for ratification;
12) shall appoint and remove from position higher commanders
of the Armed Forces of the Azerbaijan Republic:
13) shall form the President's Administration and shall
appoint its Head;
14) shall appoint and remove from position authoritative
representatives of the President of the Azerbaijan Republic;
15) shall submit to the Milli Mejlis a proposal on
establishing diplomatic representations of the Azerbaijan Republic
in foreign countries and international organizations, appoint and
recall diplomatic representatives of the Azerbaijan Republic in
foreign States and international organizations;
16) shall accept credentials and letters of recall of the
diplomatic representatives of foreign States;
17) shall conclude intergovernmental Treaties and Agreements,
shall submit interstate Treaties, to the Milli Mejlis of the
Azerbaijan Republic for ratification or denunciation; shall sign
Decrees on the ratification of international Treaties and
Agreements;
18) shall appoint a referendum;
19) shall sign and issue laws;
20) shall settle the issues of citizenship;
21) shall decide issues on granting political asylum;
22) shall pass Acts on Granting Mercy;
23) shall grant State awards;
24) shall confer higher military and higher special ranks;
25) shall announce total or partial mobilization and
demobilization;
26) shall take a decision on calling up citizens of the
Azerbaijan Republic for urgent military service and transfering
soldiers to the reserve;
27) shall found Security Council of the Azerbaijan Republic;
28) shall introduce representation to the Milli Mejlis of the
Azerbaijan Republic on giving consent to enlist armed forces to
the fulfillment of obligations not connected with their main
destination;
29) shall declare emergency situation and martial law;
30) shall upon consent of the Milli Mejlis of the Azerbaijan
Republic declare war and conclude peace;
31) shall set up special guard services;
32) shall in the executive order settle other issues not
referred by the present Constitution to the power of the Milli
Mejlis of the Azerbaijan Republic.
Article 110. Signing Laws.
The President of the Azerbaijan Republic shall sign Laws
within 56 days since the (jay of representation. If a Law arouses
objection on the part of the President of the Azerbaijan Republic
he without signing the Law shall at the appointed time send it
back to the Milli Mejlis of the Azerbaijan Republic attaching his
objections If the Milli Mejlis of the Azerbaijan Republic by
repeated voting passes the Laws by a majority of 95 votes which
have been previously passed by a majority of 83 votes, and the
Laws. previously adopted by a majority of 63 votes, by a majority
of 83 votes then the Laws shall come into effect.
Article 111. Declaration of Martial Law.
The President of the Azerbaijan Republic shall declare Martial
Law in the whole territory of the Azerbaijan Republic or in some
of its parts and hall immediately represent the following Decree
at the Milli Mejlis of the Azerbaijan Republic for ratification
when a certain part of the territory of the Azerbaijan Republic
has been occupied, a foreign State has declared a war against the
Azerbaijan Republic, real danger of an armed attack against the
Azerbaijan Republic has been brought into being, a territory of
the Azerbaijan Republic has been blockaded, and if there exists
real danger of such a blockade.
Article 112. Declaration of Emergency Situation.
The President of the Azerbaijan Republic shall declare
Emergency Situation in separate areas of the Azerbaijan Republic
when there are natural calamities, epidemics, epizootic, great
ecological and other catastrophies, as well as when there are
actions directed at the violation of the territorial integrity of
the Azerbaijan Republic, forced change of its Constitutional
system, mass disturbances, accompanied by violence, rise of
national conflicts creating threat for life and security of
citizens, or for normal activity of State bodies.
The President of the Azerbaijan Republic within 24 hours shall
submit the Decree to the Milli Mejlis of the Azerbaijan Republic
for ratification.
Article 113. Acts of President of Azerbaijan Republic.
The President of the Azerbaijan Republic when establishing
general rules shall issue Decrees, on other issues Orders.
If a different order is not envisaged in Decrees and Orders,
they shall come into effect from the day of publication.
Article 114. Status of Cabinet of Ministers
of Azerbaijan Republic.
With the aim of implementing Executive power the President of
the Azerbaijan Republic shall form the Cabinet of Ministers of the
Azerbaijan Republic.
The Cabinet of Ministers shall be the supreme Executive body
of the President of the Azerbaijan Republic.
The Cabinet of Ministers of the Azerbaijan Republic shall be
subordinate and accountable to the President of the Azerbaijan
Republic.
The order of activity of the Cabinet of Ministers of the
Azerbaijan Republic shall be determined by the President of the
Azerbaijan Republic.
Article 115. Composition of Cabinet of Ministers of the
Azerbaijan Republic.
The Cabinet of Minister shall consist of the Prime Minister of
the Azerbaijan Republic, his Deputies, Ministers and Heads of
other central bodies of Executive power.
Article 116. Resignation of Cabinet of Ministers.
On the day when the newly elected President of the Azerbaijan
Republic has taken office and has entered upon his duties the
Cabinet of Ministers shall resign.
Article 117. Meetings of Cabinet of Ministers
of the Azerbaijan Republic.
The Prime Minister of the Azerbaijan Republic shall preside at
meetings the Cabinet of Ministers of the Azerbaijan Republic.
Article 118. Order of Appointment Prime Minister
of Azerbaijan Republic.
The Prime Minister of the Azerbaijan Republic shall be
appointed by the President of the Azerbaijan Republic in co-
ordination with the Milli Mejlis of the Azerbaijan Republic.
The President of the Azerbaijan Republic shall submit for
discussion to the Milli Mejlis of the Azerbaijan Republic a
proposal on the candidacy to the post of the Prime Minister no
later than one month from the day of starting entering upon his
duties or no later than a fortnight from the day of resignation of
the Cabinet of Ministers of Azerbaijan Republic.
The Milli Mejlis of the Azerbaijan Republic shall give consent
to the candidature to the post of the Prime- Minister of the
Azerbaijan Republic no later than one week from the day of the
candidature representation. If the mentioned order is violated or
consent is not given thrice to the appointment to the Azerbaijan
Republic Prime- Minister post of the candidatures represented by
the President of the Azerbaijan Republic, then the President of
the Azerbaijan Republic can appoint the Prime-Minister of the
Azerbaijan Republic without the consent of the Azerbaijan Republic
Milli Mejlis.
Article 119. Authority of Cabinet of Ministers
of the Azerbaijan Republic.
The Cabinet of Ministers of the Azerbaijan Republic:
- shall make up a draft of the State budget of the Azerbaijan
Republic and shall submit it to the President of the Azerbaijan
Republic;
- shall ensure the implementation of the State budget of the
Azerbaijan Republic;
- shall ensure realization of the financial and credit and
monetary policy;
- shall ensure putting into life State economic programs;
- shall ensure execution of State social programs;
- shall head the Ministries and other central executive
bodies, shall annul their Acts;
- shall settle other issues which are attributed by the
President to the Cabinet's jurisdiction.
Article 120. Acts of Cabinet of Ministers
of Azerbaijan Republic.
The Cabinet of Ministers of the Azerbaijan Republic when
determining general rules shall pass Decrees, it shall pass Orders
on other issues.
If a different order is not specified in Decrees and Orders of
the Cabinet of Ministers they come into effect after the day of
publication.
Article 121. Requirements to Candidates for the Position
of Members of the Azerbaijan Republic
Cabinet of Ministers.
I. A citizen of the Azerbaijan Republic no younger than 30
years old, having a University Degree, election right, having no
obligation in relation to any foreign State shall be appointed
Prime Minister.
II. A citizen of the Azerbaijan Republic at the age of no less
than 25 years, with a University Degree, election right, without
obligations to any foreign State shall be appointed Deputy Prime
Minister, Minister, Head of other central Executive bodies.
Article 122. Requirements to Members of Cabind of Minisfers
of Azerbaijan Republic.
The Prime Minister of the Azerbaijan Republic, his Deputies,
Ministers, Heads of other central executive bodies cannot hold any
other elected or appointed position, they cannot be engaged in
business, commercial and any other paid activities with the
exception of scientific, teaching and creative activities, nor can
they get other renumeration except salary for holding position and
also means received for scientific, teaching and creative works.
Article 123. Immunity of the Prime-Minister
of the Azerbaijan Republic.
During the term of office the Prime Minister shall enjoy
personal immunity.
The Prime Minister cannot be brought to court, detained,
except the cases when he is caught red-handed. No court measures
like administrative penalty, arrest, and other suppression
measures can be applied to him, he cannot be searched or
inspected.
The Prime Minister of the Azerbaijan Republic can be detained
if he is caught red-handed. In that case the body who has detained
the above-mentioned official shall immediately inform the General
Prosecutor of the Azerbaijan Republic about it.
The immunity of the Prime Minister of the Azerbaijan Republic
can be stopped only by the President on the basis of the
representation of the General Prosecutor of the Azerbaijan
Republic.
Article 124. Local Executive Power.
Local Executive power shall be implemented by the Heads of
Executive power.
Heads of Executive power shall be appointed and removed from
holding positions by the President or the Azerbaijan Republic.
Authority of the Local Executive power shall be determined by
the President of the Azerbaijan Republic.
Section VII. JUDICIAL POWER.
Article 125. Execution of Judicial Power.
Judicial power shall be implemented solely judicial bodies.
Judicial power shall be executed by the Constitutional Court of
the Azerbaijan Republic, the Supreme Court of the Azerbaijan
Republic, Economic Court of the Azerbaijan Republic, general and
specialized courts of the Azerbaijan Republic.
Judicial power shall he exercised via constitutional, civil,
administrative and criminal legal proceedings and in other forms
specified by the Law.
Attorneyship and defence of the Azerbaijan Republic shall
participate in the implementation of Judicial power with the
exception of the Constitutional legal procedure.
Judicial Structure and Legal Procedure shall be determined by
the Law.
Use of legal means not stipulated by Law in order to change
authority of judges and create extraordinary courts shall be
prohibited.
Article 126. Requirements to Candidates to the post of Judges.
Citizens of the Azerbaijan Republic who have reached the age
of 30 years, have a University Degree in Law and a 5-year working
experience in the sphere of Law can be Judges.
Judges can not hold another elected or appointed position,
they can not be engaged in business, commercial and any other paid
activities, excepting scientific, teaching and creative work, nor
can they affiliate to political parties and be engaged in
political activities, nor can they get any remuneration except
salary and means for scientific, teaching and creative work.
Article 127. Principles of Justice.
Judges shall be autonomous, they shall be subordinate only to
the Constitution and the Laws and shall be irremovadle in
accordance with the Law.
Judges decide the cases in an unbiased, fair way, following
the legal equality of the sides, on the basis of facts and in
accordance with the Law.
Direct of indirect restriction of legal procedure on
somebody's pan and for some reason, illegal influence, pressure,
threat interference shall not be permitted.
Justice shall be administered on the basis of legal equality
of citizens before Law and Court.
Trial in all the courts shall be public.
Hearing of the case behind closed doors can be authorized in
case when the court assumes that open trial can lead to revealing
the State, professional or commercial secret, or when the court
pursues the necessity of keeping a secrecy of a personal or family
life.
Legal proceeding of criminal cases by default shall not he
authorized in the court of first instance.
Legal proceedings shall be implemenfed based on the principle
of Controversy.
Every Person shall have the right to get qualified legal help
at any stage of legal proceedings.
Justice is based on Presumption of Innocence.
Legal proceedings in the Azerbaijan Republic shall be
conducted in the official language of the Azerbaijan Republic or
in the language of the population which constitute the majority in
the area concerned.
Persons - participants of court examination who do not know
the language in which legal proceedings are held shall be
guaranteed via the interpreter the right to get fully familiarized
with the materials of the case, participate in legislative
enactments and speak in the native language in the court.
Article 128. lmmunity of Judges.
Judges shall have immunity. A judge can be brought to court
only in the order specified by the Law.
Authority of Judges can be terminated only in the legal order
specified by the Law.
Upon commitment by judges of crimes the President of the
Azerbaijan Republic on the assumption of the conclusion of the
Azerbaijan Republic Supreme Court shall speak at the Milli Mejlis
of the Azerbaijan Republic with the initiative to remove judges
from holding position. Corresponding conclusion of the Azerbaijan
Republic Supreme Court must be submitteted to the President of the
Azerbaijan Republic on the corresponding inquiry within 30 days.
Decision on removing members of the Constitutional Court, the
Supreme Court of the Azerbaijan Republic and the Economic Court of
the Azerbaijan Republic shall be made by a majority of 83 votes:
decision on removing other judges shall be taken by the Milli
Mejlis of the Azerbaijan Republic by a majority of 63 votes.
Article 129. Court Decisions and Their Implementation.
Judges shall take decisions on behalf of the State,
implementation of these decisions shall be binding on everyone.
Article 130. Constitutional Court of the Azerbaijan Republic.
The Constitutional Court of the Azerbaijan Republic shall
consist of 9 judges.
Members of the Constitutional Court of the Azerbaijan Republic
shall be appointed by the Milli Mejlis of the Azerbaijan Republic
upon the representation of the President of the Azerbaijan
Republic.
On the basis of inquiry made by the President of the
Azerbaijan Republic, Milli Mejlis of the Azerbaijan Republic, the
Cabinet of Ministers of the Azerbaijan Republic, Supreme Court of
the Azerbaijan Republic, General Prosecutor's Office of the
Azerbaijan Republic, All Majlis of the Nakhichevan Autonomous
Republic the Constitutional Court of the Azerbaijan Republic shall
deal with the issues:
1) on conformity with the Constitution of the Azerbaijan
Republic of Laws of the Azerbaijan Republic, Decrees and Orders of
the President of the Azerbaijan Republic. Resolutions of the Milli
Mejlis of the Azerbaijan Republic, Resolutions and Orders of the
Cabinet of Ministers of the Azerbaijan Republic, normative and
legal Acts of central Executive bodies;
2) on conformity with the Laws of the Azerbaijan Republic of
Decrees of the President of the Azerbaijan Republic, Resolutions
of the Cabinet of Ministers of the Azerbaijan Republic, normative
and legal Acts of central Executive bodies;
3) on conformity with the Decrees and Orders of the President
of the Azerbaijan Republic of Resolutions of the Cabinet of
Ministers of the Azerbaijan Republic and normative and legal Acts
of central Executive bodies;
4) on conformity of Acts of the Supreme Court of the
Azerbaijan Republic incases specified by the Law with the
Constitution and the Laws of the Azerbaijan Republic;
5) on conformity of the municipal Acts of the Constitution of
the Azerbaijan Republic with the Laws of the Azerbaijan Republic,
Decrees of the President of the Azerbaijan Republic, Resolutions
of the Cabinet of Ministers of the Azerbaijan Republic (in the
Nakhichevan Autonomous Republic - also with the Constitution and
the Laws of the Nakhichevan Autonomous Republic and with the
Resolutions of the Cabinet of Ministers of the Nakhichevan
Autonomous Republic);
6) on conformity of abandoned interstate Treaties of the
Azerbaijan Republic with the Constitution of the Azerbaijan
Republic, on conformity of intergovernmental Treaties of the
Azerbaijan Republic with the Constitution and the laws of the
Azerbaijan Republic;
7) on banning political parties or other social unions;
8) on conformity with the Constitution of the Azerbaijan
Republic of the Constitution and the Laws of the Nakhichevan
Autonomous Republic, Resolutions of Ali Mejlis of the Nakhichevan
Autonomous Republic, Resolutions and Orders of the Cabinet of
Ministers of the Nakhichevan Autonomous Republic: in conformity
with the Laws of the Azerbaijan Republic of the Laws of the
Nakhichevan Autonomous Republic, Resolutions of the Cabinet of
Ministers of the Nakhichevan Autonomous Republic; on conformity of
the Resolutions of the Cabinet of Ministers of the Nakhichevan
Autonomous Republic with the Decrees and Orders of the President
of the Azerbaijan Republic and Resolutions of the Cabinet of
Ministers of the Azerbaijan Republic;
9) on settlement of disputes connected with the division of
power between Legislative and Executive branches.
The Constitutional Court or the Azerbaijan Republic shall give
interpretation of the Constitution and the Laws or the Azerbaijan
Republic based on the inquiry on the part of the President of the
Azerbaijan Republic. the Milli Majlis of the Azerbaijan Republic,
the Cabinet of Ministers of the Azerbaijan Republic, General
Prosecutor's Office of the Azerbaijan Republic and Ali Mejlis of
the Nakhichevan Autonomous Republic. The Constitutional Court of
the Azerbaijan Republic shall perform other duties stipulated in
the present Constitution.
The Constitutional Court of the Azerbaijan Republic shall make
decisions relating to its power. Decisions of the Constitutional
Court of the Azerbaijan Republic shall be binding in the whole
territory of the Azerbaijan Republic.
The Laws and other Acts or their separate provisions,
intergovernmental Treaties of the Azerbaijan Republic shall lose
force at the time appointed in the decision of the Constitutional
Court of the Azerbaijan Republic on their discrepancy with the
Constitution of the Azerbaijan Republic: interstate Treaties of
the Azerbaijan Republic which are recognized as not conforming to
the Constitution of the Azerbaijan Republic shall not come into
effect.
Article 131. Azerbaijan Republic Supreme Court.
The Supreme Court of the Azerbaijan Republic shall be the
highest judicial body in civil, criminal, administrative and other
cases, referred to the activity of general courts; it shall
exercise control over the activity of general courts in the order
specified by the Law, shall give explanations on issues concerning
the practice of general courts.
Judges of the Supreme Court of the Azerbaijan Republic shall
be appointed by the Milli Majlis of the Azerbaijan Republic on the
representation of the President of the Azerbaijan Republic.
Article 132. Economic Court of the Azerbaijan Republic.
The Economic Court of the Azerbaijan Republic shall be the
highest legal body on considering economic disputes. It shall
exercise control over the activity of corresponding specialized
courts in the order stipulated by the Law.
Judges of the Economic Court of the Azerbaijan Republic shall
be appointed by the Milli Mejlis of the Azerbaijan Republic on the
representation of the President of the Azerbaijan Republic.
Article 133. General Prosecutor's Office
of the Azerbaijan Republic.
General Prosecutor's Office of the Azerbaijan Republic shall
exercise control over accurate and uniform execution and
application of Laws; shall support in court State prosecution;
shall bring in an action; in cases specified by the law shall
institute proceedings and hold an investigation; shall bring in
objections to the court's decisions.
General Prosecutor's Office or the Azerbaijan Republic shall
be a united centralized body consisting or territorial and
specialized Attorney Offices based on their subordination to the
General Prosecutor of the Azerbaijan Republic.
General Prosecutor of the Azerbaijan Republic shall be
appointed to and removed from holding position by the President of
the Azerbaijan Republic by consent of the Azerbaijan Republic
Milli Mejlis.
Deputies of General Prosecutor of the Azerbaijan Republic,
heads of the specialized republican Attorney Offices shall be
appointed to and removed from the position by the President of the
Azerbaijan Republic on the representation of the General
Prosecutor of the Azerbaijan Republic.
Territorial and specialized Attorneys shall be appointed to
the position by the General Prosecutor of the Azerbaijan Republic
in co-ordination with the President of the Azerbaijan Republic.
Section IX. NAKHICHEVAN AUTONOMOUS REPUBLIC.
Article 134. Status of the Nakhichevan Autonomous Republic.
The Nakhichevan Autonomous Republic shall be an autonomous
State forming a part of the Azerbaijan Republic.
The status of the Nakhichevan Autonomous Republic shall be
determined by the present Constitution. Nakhichevan Autonomous
Republic shall be an inalienable part or the Azerbaijan Republic.
The Constitution of the Azerbaijan Republic, Laws of the
Azerbaijan Republic, Decrees of the President of the Azerbaijan
Republic and Resolutions of the Cabinet of Ministers of the
Azerbaijan Republic shall be binding in the territory of the
Nakhichevan Autonomous Republic.
The Constitution and Laws of the Nakhichevan Autonomous
Republic must not contradict the Constitution and the Laws of the
Azerbaijan Republic, Resolutions of the Cabinet of Ministers of
the Nakhichevan Autonomous Republic must not contradict the
Constitution and the Laws of the Azerbaijan Republic, the Decrees
of the President of the Azerbaijan Republic and the Resolutions of
the Cabinet of Ministers of the Azerbaijan Republic.
Article 135. Division of Power in the Nakhichevan
Autonomous Republic.
The Legislative power in the Nakhichevan Autonomous Republic
shall be executed by the Ali Majlis of the Nakhichevan Autonomous
Republic, Executive power shall be implemented by the Cabinet of
Ministers of the Nakhichevan Autonomous Republic, the Judicial
power shall be exercised by the courts of the Nakhichevan
Autonomous Republic.
Ali Mejlis of the Nakhichevan Autonomous Republic shall
independently deal with issues referred to its power by the
Constitution and the Laws of the Azerbaijan Republic, the Cabinet
of Ministers of Nakhichevan Autonomous Republic shall
independently deal with issues referred to its power by the
Constitution and the Laws of the Azerbaijan Republic, Decrees of
the President of the Azerbaijan Republic; the courts of the
Nakhichevan Autonomous Republic shall independently deal with
issues referred to its power by the Constitution and the Laws of
the Azerbaijan Republic.
Article 136. Highest Official of Nakhichevan
Autonomous Republic.
The Chairman of the Ali Mejlis of the Nakhichevan Autonomous
Republic shall be the highest official of the Nakhichevan
Autonomous Republic.
Article 137. Ali Mejlis of Nakhichevan Autonomous Republic.
Ali Mejlis of the Nakhichevan Autonomous Republic shall
consist of 45 members.
Ali Mejlis of the Nakhichevan Autonomous Republic shall elect
the Chairman of Ali Mejlis of the Nakhichevan Autonomous Republic
and its Deputies, shall form permament and other commissions.
The term of office for the Ali Mejlis members of the
Nakhichevan Autonomous Republic shall be 5 years.
The Constitution of the Nakhichevan Autonomous Republic must
not contradict the Constitution and the Laws of the Azerbaijan
Republic.
Article 138. General Rules Set Up by Ali Mejlis
of Nakhichevan Autonomous Republic.
The Ali Mejlis of the Nakhichevan Autonomous Republic shall
set up general rules on the following issues:
1) elections to the Ali Mejlis of the Nakhichevan Autonomous
Republic;
2) taxes;
3) directions of economy development of the Nakhichevan
Autonomous Republic;
4) social security;
5) environment protection;
6) tourism;
7) medical care, science, culture.
The Ali Mejlis of the Nakhichevan Autonomous Republic shall
adopt Laws on issues mentioned in this Article.
Article 139. Issues Dealed With by Ali Mejlis
of Nakhicbevan Autonomous Republic.
The Ali Mejlis of the Nakhichevan Autonomous Republic shall be
dealing with the following issues:
1) work organization of the Ali Mejlis of the Nakhichevan
Autonomous Republic;
2) budget of the Nakhichevan Autonomous Republic;
3) approval of economic and social programs of the Nakhichevan
Autonomous Republic;
4) appointment to the position and removal from the position
of the Prime Minister 'of the Nakhichevan Autonomous Republic;
5) approval of Cabinet of Ministers composition of the
Nakhichevan Autonomous Repuhlic;
6) confidence in the Cabinet of Ministers of the Nakhichevan
Autonomous Republic.
The Ali Mejlis of the Nakhichevan Autonomous Republic shall
pass Resolutions on the issues mentioned in this Article.
Article 140. Cabinet of Ministers of Nakhichevan
Autonomous Republic.
The composition of the Cabinet of Ministers of the Nakhichevan
Autonomous Republic shall be determined by the Ali Mejlis of the
Nakhichevan Autonomous Republic on the representation of the Prime
Minister of the Nakhichevan Autonomous Republic.
The Prime Minister of the Nakhichevan Autonomous Republic
shall be appointed by the Ali Mejlis of the Nakhichevan Autonomous
Republic based on the representation of the President of the
Azerbaijan Republic. The Cabinet of Ministers shall:
- make a budget estimates of the Republic and shall submit it
to the Ali Mejlis of the Nakhichevan Autonomous Republic;
- realize the budget of the Autonomous Republic;
- ensure implementation of economic programs;
- ensure putting into life social security programs;
- deal with other issues attributed to its competence by the
President of the Azerbaijan Republic.
Cabinet of Ministers of the Nakhichevan Autonomous Republic
shall pass Resolutions and Orders.
Article 141. Local Executive Power in Nakhichevan
Autonomous Republic.
Heads of local Executive power in the Nakhichevan Autonomous
Republic shall be appointed by the President of the Azerbaijan
Republic on the basis of joint representations of the Chairman of
the Ali Mejlis and the Prime Minister of the Nakhichevan
Autonomous Republic.
FOURTH CHAPTER. LOCAL SELF-GOVERNMENT.
Section IX.MUNICIPALITIES.
Article 142. Organization of Local Government.
Local government in rural areas and towns, villages and
settlements shall be exercised by municipalities.
Municipalities shall be formed by way of elections.
The system of elections to municipalities shall be determined
by the Law.
Article 143. Organization of Municipality Work.
Municipalities shall implement their activity via meetings,
permanent and other commisions.
Municipality meetings shall be convened by the Chairman of the
Municipality.
Article 144. Municipality Power.
The following issues shall be settled at the Municipality
meetings:
1) recognition of authority of Municipality members,
termination of their authority in cases stipulated by the Law;
2) approving regulations, forming its mechanism;
3) election of the Municipality Chairman and his Deputies,
permament and other commissions;
4) imposing local taxes and payments;
5) approving a local budget and accounts for their use;
6) owning the municipal property, charging and using it;
7) approving and implementing local programs of social
security and social development;
8) approving and implementing local programs of economic
development;
9) approving and implementing local ecological programs.
Municipalities can be delegated by the Legislative and the
Executive power additional authority.
Municipalities must be allotted necessary financial means for
executing this authority. Realization of this authority shall be
controlled by the Legislative and Executive power.
Article 145. Municipal Decisions.
At the Municipality meetings decisions shall be taken on
considered issues.
Municipal decisions shall be taken by a simple vote majority
of Municipality members.
Decisions connected with local taxes and payments shall be
taken by a majority of two thirds of votes of Municipality
members.
Article 146. Guarantee of Municipality Independence.
Municipalities shall be guaranteed protection in court,
compensation of additional expenses, brought about as a result of
State bodies decisions.
FIFTH CHAPTER AND LAW.
Section X. LEGISLATIVE SYSTEM.
Article 147. Validity of the Constitution
of the Azerbaijan Republic
The Constitution of Azerbaijan shall have highest legal force
in the Azerbaijan Republic.
The Constitution of the Azerbaijan Republic shall act
immediately. The Constitution of the Azerbaijan Republic shall be
the foundation of the Legislative system in the Azerbaijan
Republic.
Article 148. Acts Included in Legislative system
of Azerbaijan Republic.
The Legislative system of the Azerbaijan Republic shall
consist of the following normative-legal Acts:
1) the Constitution;
2) Acts adopted via referendum;
3) Laws;
4) Decrees;
5) Resolutions of the Cabinet of Ministers of the Azerbaijan
Republic;
6) normative Acts of central Executive bodies.
International Treaties, of which the Azerbaijan Republic is a
party, shall be inalienable compound part of the Legislative
system of the Azerbaijan Republic.
In the Nakhichevan Autonomous Republic the Constitution and
the Laws of the Nakhichevan Autonomous Republic, Resolutions of
the Cabinet of Ministers of the Nakhichevan Republic shall also
have legal force.
Legislative system in the Nakhichevan Republic should
correspond to the Legislative system in the Azerbaijan Republic.
Local Executive bodies within their competence can take
decisions and instructions of the normative character, other Acts,
which do not contradict Acts included in the Legislation system.
Article 149. Normative and Legal Acts.
Acts that have been passed via referendum must be based on
Right and Justice (on equal approach to equal interests).
Only in case of publication of Acts, passed via referendum,
their use and implementation shall be obligatory for citizens,
Legislative, Executive and Judicial power, juridical Persons are
the Municipalities.
The Laws shall be based on Right and Justice ( equal attitude
to equal interests) and not contradict the Constitution of the
Azerbaijan Republic.
Only published Laws shall be obligatory for use and
implementation for citizens. Executive and Judicial power,
juridical Persons are the Municipalities.
Decrees must not contradict the Constitution, Laws of the
Azerbaijan Republic, the Right and Justice (equal attitude to
equal interests). Only pub- lished Decrees shall be used and
implemented for citizens. Executive bodies, juridical Persons.
Resolutions of the Cabinet of Ministers must not contradict
the Constitution, Laws of the Azerbaijan Republic, Decrees, the
Right and Justice ( equal attitude to equal interests).
It is only when the Resolutions of the Cabinet of Ministers of
the Azerbaijan Republic are made public that their application and
realization shall be obligatory for citizens, central and local
executive bodies, juridical Persons.
Acts of central and local executive power shall not contradict
the Constitution, the Laws of the Azerbaijan Republic, Decrees.
Resolutions of the Cabinet of Ministers of the Azerbaijan
Republic, the Right and Justice ( equal approach to equal
interests).
Judicial Force of the Acts of central and local executive
bodies shall be defined by the President of the Azerbaijan
Republic.
Normative and legal Acts, improving legal status of physical
and juridical persons, removing or mitigating their legal
responsibility can have the reverse force. This must be specified
in the normative and legal Act itself. Other normative-legal Acts
shall not have the reverse force.
Article 150. Municipal Acts.
Acts passed by Municipalities shall not contradict the
Constitution and the Laws of the Azerbaijan Republic, Decrees,
Resolutions of the Cabinet of Ministers of the Azerbaijan Republic
and in the Nakhichevan Autonomous Republic - also the Constitution
and the laws of the Nakhichevan Autonomous Republic, Resolutions
of the Cabinet of Ministers of the Nakhichevan Autonomous
Republic, the Right and Jus I ice (equal attitude to equal inter-
ests).
Implementation of Acts passed by the Municipality shall be
binding for citizens, living in its territory, and for juridical
Persons settled in this territory.
Article 151. Legal Force of International Acts.
When disputes, contra lotions have arisen between normative-
legal Acts included in Legislation system of the Azerbaijan
Republic (excepting the Constitution of the Azerbaijan Republic
and the Acts, passed via referendum) and Intenational Treaties, of
which the Azerbaijan Republic is a party, the latter ones shall be
applied.
Section XI. CHANGES IN THE CONSTITUTION
OF THE AZERBAIJAN REPUBLIC.
Article 152. Order of Adopting Changes in the Constitution
of Azerbaijan Republic.
Changes in the text of the Constitution of the Azerbaijan
Republic shall be adopted only via referendum.
Article 153. Initiative of Introducing Changes
in Constitution of Azerbaijan Republic.
If changes in the text of the Constitution of the Azerbaijan
Republic are proposed by the Milli Mejlis of the Azerbaijan
Republic or the President of the Azerbaijan Republic, then the
conclusion of the Constitutional Court on the proposed changes
must be received in advance.
Article 154. Restriction of Authority of the Constitutional
Court of the Azerbaijan Republic.
The Constitutional Court of the Azerbaijan Republic cannot
give a conclusion on the changes in the text of the Azerbaijan
Republic Constitution which are approved via referendum.
Article 155.Restriction of Initiative of Introducing Changes
in Constitution of the Azerbaijan Republic.
Proposals on changes in Articles 1, 2, 6, 7, 8 and on
restriction of items specified in the third Chapter of the present
Constitution cannot be put forward at the referendum.
Section XII. ADDITIONS TO THE CONSTITUTION
OF THE AZERBAIJAN REPUBLIC.
Article 156. Order of Adopting Additions to the Constitution
of the Azerbaijan Republic.
Additions to the Constitution of the Azerbaijan Republic shall
be adopted as The Constitutional Laws in the Milli Mejlis of the
Azerbaijan Republic by a majority of 95 votes.
The Constitutional Laws of the Azerbaijan Republic on
Additions to the Constitution of the Azerbaijan Republic shall be
put to the vote at the Milli Mejlis of the Azerbaijan Republic
twice. The second voting shall be held 6 months after the first
voting.
The Constitutional Laws of the Azerbaijan Republic on
Supplements to the Constitution of the Azerbaijan Republic shall
be submitted to the President of the Azerbaijan Republic both
after the first voting and after the second voting.
The Constitutional Laws of the Azerbaijan Republic on
Additions to the Constitution of the Azerbaijan Republic shall
come into effect upon the President's signing them after the
second voting.
The Constitutional Laws of the Azerbaijan Republic shall be
part and parcel of the Constitution of the Azerbaijan Republic and
they shouldn't contradict the main text of the Constitution of the
Azerbaijan Republic.
Article 157. Initiative on Introducing Additions to the
Constitution of the Azerbaijan Republic.
Additions' to the Constitution of the Azerbaijan Republic can
be put forward by the President of the Azerbaijan Republic or at
least 63 Milli Mejlis members of the Azerbaijan Republic.
Article 158. Restriction of Initiative on Introducing
Additions to the Constitution
of the Azerbaijan Republic.
The President of the Azerbaijan Republic or Milli Mejlis
members of the Azerbaijan Republic cannot submit proposals on
Additions to the Constitution of the Azerbaijan Republic
concerning provisions reflected in Section VI of the present
Constitution.
TRANSITION PROVISIONS.
1. The Constitution of the Azerbaijan Republic shall come into
effect on the basis of national election (referendum) on the
publication day. The Constitution ( Principal Law) of the
Azerbaijan Republic which was adopted on the 21 of April. 1978
loses its force on the same day.
2. The President of the Azerbaijan Republic from the day of
adopting the present Constitution and up to completing term of
office shall perform duties determined by the present Constitution
for the President of the Azerbaijan Republic.
3. Paragraph 5 of Article 101 of the present Constitution
shall affect the President of the Azerbaijan Republic elected
after the adoption of the present Constitution.
4. Power of the Milli Mejlis composed of the people's Deputies
of the Azerbaijan Republic by the Supreme Soviet of the Azerbaijan
Republic shall expire on the day of the first meeting of the newly
elected Milli Mejlis of the Azerbaijan Republic.
The first meeting of the newly elected Milli Mejlis of the
Azerbaijan Republic shall be held a week after election no less
than 83 Deputies of the Milli Mejlis of the Azerbaijan Republic.
The first session of the Milli Mejlis of the Azerbaijan Republic
shall last till 31 of May, 1996. Article 85 of the Azerbaijan
Republic Law "On Elections to the Milli Majlis of the Azerbaijan
Republic" which was adopted on the 15 th of August, 1995 shall be
in force till the power expiration of the Milli Mejlis of the
Azerbaijan Republic of the first concocation elected on the basis
of the pointed out Law.
5. The Cabinet of Ministers from the day of passing the
present Constitution shall execute power, defined by the present
Constitution.
6. From the day of the present Constitution entering into
force the power of the local Soviets of the people's Deputies of
the Azerbaijan Republic shall expire.
Power referred to local Soviets of people's Deputies of the
Azerbaijan Republic by the Legislature of the Azerbaijan Republic
shall be implemented by local bodies of Executive Power.
7. Within 2 years after the present Constitution has entered
into force a Law on local self-government shall be passed and
elections to municipalities shall be held.
8. Laws and other normative and legal Acts operating in the
territory of the Azerbaijan Republic since the day of the present
Constitution adoption shall remain in force in those parts that do
not contradict the .present Constitution.
9. Courts of the Azerbaijan Republic shall administer justice
according to the authority and principles set up by the present
Constitution until the present Constitution enters into force.
10. Within one year from the day of adopting the present
Constitution corresponding legislature on the status of judges, on
the structure of a court and court reform shall be passed and
judges of the Azerbaijan Republic shall be reappointed.
Until the pointed out legislature is adopted the appointment of
judges to the position and their removal from position shall be
realized on the basis of legislature which is operative until the
present Constitution enters into force.
11. After the present Constitution of the Azerbaijan Republic
has become operative a Law of the Azerbaijan Republic on the
Constitutional Court of the Azerbaijan Republic shall be passed
and the Constitutional Court of the Azerbaijan Republic shall be
establisted. Before the Constitutional Court of the Azerbaijan
Republic has been created authority of the Constitutional Court of
the Azerbaijan Republic specified by the present Constitution
shall not be implemented. The issue stipulated in item 7 paragraph
3 of Article 130 of the present Constitution shall be settled by
the Supreme Court of the Azerbaijan Republic.
12. Since the present Constitution becoming effective the
highest Arbitrary Court of the Azerbaijan Republic shall be titled
the Economic Court of the Azerbaijan Republic and shall exercise
power stipulated by the effective Legislature.