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