Azerbaijan, Azerbaijan!
You are the country of heroes!
We will die so that you might be alive!
We will shed our blood to defend you!
Long live your three-coloured banner!
Thousands of people sacrificed their lives
You're become the field of battles.
Every soldier fighting for you,
Has become a hero.
We pray for your prosperity,
We make sacrifice our lives to you
Our sincere love to you,
Comes from the bottom of our hearts.
To defend your honour,
To hoist your banner,
All the young people are ready.
Glorious motherland,
Azerbaijan, Azerbaijan!
Azerbaijan
State Symbols.
1. State symbols of
the Azerbaijan Republic shall be: the Azerbaijan Republic
Flag the Azerbaijan Republic Emblem, the Azerbaijan Republic
National Anthem.
2. The Flag of the Azerbaijan Republic shall consist of
three wide stripes. The upper stripe shall be of blue
colour, the middle stripe shall be red and the lower one
shall be green. There shall he a white crescent and eightpointed
star in the middle of the red stripe on both sides of
the Flag. The proportion of the width to the length shall
be 1 by 2.
3. The design of the Azerbaijan Republic Flag and the
Azerbaijan Republic State Emblem, the music and the text
of the Azerbaijan Republic National Anthem shall be defined
by the Constitutional Law.
Azerbaijan
Republic Constitution
Prepared by the Commission for draft preparation of new
Constitution of the Azerbaijan Republic under chairmanship
of President of the Azerbaijan Republic Heydar Aliyev, adopted
on 12 of November 1995 by the Referendum of the Azerbaijan
Republic.
Came into force since 27 of November 1995.
Continuing the centuries old traditions of statehood, and
taking as a basis the principles expressed in the Constitution
act "On the State Independence of the Azerbaijan Republic",
desiring to provide prosperity and welfare for the whole
society and each individual, wishing to establish freedom
and security, understanding the responsibility for past,
present and future generations, using the right of its sovereignty
declares solemnly its following intentions:
1 - to protect the independence, sovereignty and territorial
integrity of the Azerbaijan Republic;
2 - to provide a democratic system within the framework
of the Constitution;
3 - to achieve the establishment of a civil society;
4 - to build a law-based, secular state to provide the command
of law as an expression of the will of the nation;
5 - to provide a worthy living standard for everybody in
conformity with just economic and social order;
6 - to remain faithful to universal human values, to live
in peace and freedom with all the nations of the world and
co-operate with them for this purpose.
Having in mind the sincere intentions enumerated above the
present Constitution is adopted through a poll of the general
population by referendum. .
CONTENTS:
FIRST CHAPTER
GENERAL PROVISIONS
Section I.PEOPLE'S POWER
Article1.Source of Power.
Article 2. People's Sovereignty.
Article 3. Issues solved via universal elections-referendum.
Article 4. Right to Represent People.
Article 5. Unity of People
Article 6. Banning of Power Usurpation.
Section II .FUNDAMENTALS OF THE STATE
Article 7. Azerbaijan State.
Article 8. Head of Azerbaijan State.
Article 9. Armed Forces
Article 10. Main Principles of Foreign Policy
Article 11. Territory.
Article 12. Supreme Aim of State
Article 13. Property.
Article 14. Natural Resources.
Article 15. Economic Development and State.
Article 16. Social Development and State.
Article 17. Family and State.
Article 18. Religion and State
Article 19. Monetary Unit.
Article 20. Restriction of State Loans.
Article 21. State Language.
Article 22. Capital.
Article 23. Azerbaijan State Symbols.
SECOND CHAPTER .
MAJOR RIGHTS, FREEDOMS AND RESPONSIBILITIES.
Section Ill. PRINCIPAL HUMAN AND CIVIL RIGHTS AND FREEDOMS.
Article 24. Main Principles of Human and Civil Rights and
Freedoms.
Article 25. Right to Equality.
Article 26. Protection of Human and Civic Rights and Freedoms.
Article 27. Right to Live.
Article 28. Right to freedom.
Article 29. Right to Property.
Article 30. Right to Intellectual Property.
Article 31. Secure Life.
Article 32. Personal Inviolability.
Article 33. Inviolability of Residence.
Article 34. Right to Marriage.
Article 35. Right to Labour.
Article 36. Right to Strike.
Article 37. Right to Rest.
Article 38. Right to Social Security.
Article 39. Right to Live in Healthy Environment.
Article 40. Right to Culture.
Article 41. Right to Health Protection.
Article 42. Right to Education.
Article 43. Right to Residence.
Article 44. National and Ethnic Identity.
Article 45. Right to Use Native Language.
Article 46. Protection of Honor and Dignity.
Article 47. Freedom of and Speech.
Article 48. Freedom of Consciousness.
Article 49. Freedom of Gatherings.
Article 50. Freedom of Information.
Article 51. Freedom of Creative Work.
Article 52. Right to Citizenship.
Article 53. Guarantee of the Citizenship Right.
Article 54. Right to Participate in Political Life of Society
and State.
Article 55. Right to Participate in the State Governing.
Article 56. Election Right.
Article 57. Right to Address.
Article 58. Right to Unification.
Article 59. Right to Freedom of Enterprise.
Article 60. Judicial Guarantee of Rights and Freedoms.
Article 61. Right to Get Legal Help
Article 62. Banning of Changes in Court Jurisdiction.
Article 63. Presumption of Innocence.
Article 64. Banning of Repeated Conviction for the Same
Crime.
Article 65.Right of Repeated Appeal to Court.
Article 66. Banning of Forced Testifying Against Relatives.
Article 67. Rights of Detained, Arrested, and Charged Committing
crime.
Article 68. Right to Demand Compensation for Damage.
Article 69. Rights of Foreign Citizens and Persons without
Citizenship.
Article 70. Right to Asylum.
Article 71. Guarantees for Human and Civil Rights and Freedoms.
Section IV .PRINCIPAL OBLIGATIONS OF CITIZENS.
Article 72. Principal Obligations of Citizens.
Article 73. Taxes and other State Duties.
Article 74. Loyalty to Homeland. Loyalty to Homeland shall
be sacred.
Article 75. Respect For State Symbols.
Article 76. Defense of Homeland.
Article 77. Protection of Historical and Cultural Monuments.
Article 78.Environmental Protection.
Article 79. Prohibition to Execute Responsibilities Contradicting
The Law.
Article 80. Answerability.
THE THIRD PART STATE POWER
Section V .LEGISLATIVE POWER.
Article 81. Execution of Legislative Power.
Article 82. Quantitative Composition of Milli Mejlis of
Azerbaijan Republic.
Article 83. Principles of Azerbaijan Republic Milli Mejlis
Elections.
Article 84. Term of Office for Members of Milli Mejlis of
the Azerbaijan Republic.
Article 85. Requirements to Candidates to Deputies of Milli
Mejlis of the Azerbaijan Republic.
Article 86. Check up and Confirmation of Election Results.
Article 87. Expiration of Term of Office.
Article 88. Sessions of Milli Mejlis of the Azerbaijan Republic.
Article 89. Disfranchisement of Membership to Milli Mejlis
of the Azerbaijan Republic and Loss of Deputy Power.
Article 90. Deputy Immunity.
Article 91. Prohibition against Making Deputies Answerable.
Article 92. Coordination of Work of Milli Mejlis of the
Azerbaijan Republic.
Article 93. Acts of Milli Mejlis of the Azerbaijan Republic.
Article 94. General Rules Determined by Milli Mejlis of
the Azerbaijan Republic.
Article 95. Issues solved by Milli Mejlis of the Azerbaijan
Republic.
Article 96. Right to Legislative Initiative.
Article 97. Term of Submitting Laws for Signing.
Article 98. Enforcement of Laws of the Azerbaijan Republic
Milli Mejlis.
Section VI..EXECUTIVE POWER.
Article 99. Affiliation to Executive Power.
Article 100. Requirements to the candidates for the President
of the Azerbaijan Republic.
Article 101.Foundations for the Azerbaijan Republic Presidential
Elections.
Article 102. Results of the Azerbaijan Republic Presidential
Elections.
Article 103. Oath of Allegiance of Person Elected President
of Azerbaijan Republic.
Article 104. Inability of President of the Azerbaijan Republic
to Permanent Execute his Authority.
Article 105. Execution of Obligations of the Azerbaijan
Republic President upon His Retirement.
Article 106. Immunity of President of the Azerbaijan Republic.
Article 107. Removing from Position of President of the
Azerbaijan Republic.
Article 108. Maintenance of President of the Azerbaijan
Republic.
Article 109. Power of President of Azerbaijan Republic.
Article 110. Signing Laws.
Article 111. Declaration of Martial Law.
Article 112. Declaration of Emergency Situation.
Article 113.Acts of President of Azerbaijan Republic.
Article 114. Status of Cabinet of Ministers of Azerbaijan
Republic.
Article 115. Composition of Cabinet of Ministers of the
Azerbaijan Republic.
Article 116. Resignation Cabinet of Ministers.
Article 117. Meetings of Cabinet of Ministers of the Azerbaijan
Republic.
Article 118. Order of Appointment Prime- Minister of Azerbaijan
Republic.
Article 119. Authority of Cabinet of Ministers of the Azerbaijan
Republic.
Article 120. Acts of Cabinet of Ministers of Azerbaijan
Republic.
Article 121. Requirements to Candidates for the Position
of Members of the Azerbaijan Republic Cabinet of Ministers.
Article 122. Requirements to Members of Cabinet of Ministers
of Azerbaijan Republic.
Article 123. Immunity of the Prime-Minister of the Azerbaijan
Republic.
Article 124. Local Executive Power.
Section VII .JUDICIAL POWER.
Article 125. Execution of Judicial Power.
Article 126. Requirements to Candidates to the post of Judges.
Article 127. Principles of Justice.
Article 128. Immunity of Judges.
Article 129. Court Decisions and Their Implementation.
Article 130 Constitutional Court of the Azerbaijan Republic.
Article 131. Azerbaijan Republic Supreme Court.
Article 132. Economic Court of the Azerbaijan Republic.
Article 133. General Prosecutor's Office of the Azerbaijan
Republic.
Section IX . NAKHICHEVAN AUTONOMOUS
REPUBLIC.
Article 134. Status of the Nakhichevan Autonomous Republic.
Article 135. Division of Power in the Nakhichevan Autonomous
Republic.
Article 136. Highest Official of Nakhichevan Autonomous
Republic.
Article 137. Ali Majlis of Nakhichevan Autonomous Republic.
Article 138. General Rules Set Up by All Mejlis of Nakhichevan
Autonomous Republic.
Article 139. Issues Dealed With by Ali Mejlis of Nakhichevan
Autonomous Republic.
Article 140. Cabinet of Ministers of Nakhichevan Autonomous
Republic.
Article 141. Local Executive Power in Nakhichevan Autonomous
Republic.
FOURTH CHAPTER.
LOCAL SELF-GOVERNMENT.
Section IX . MUNICIPALITIES.
Article 142. Organization of Local Government.
Article 143. Organization of Municipality Work.
Article 144. Municipality Power.
Article 145. Municipal Decisions.
Article 146. Guarantee of Municipality Independence.
FIFTH CHAPTER
AND LAW.
Section X .LEGISLATIVE SYSTEM.
Article 147. Validity of the Constitution of the Azerbaijan
Republic.
Article 148. Acts Included in Legislative system of Azerbaijan
Republic.
Article 149. Normative and Legal Acts
Article 150. Municipal Acts.
Article 151. Legal Force of International Acts.
Section XI . CHANGES IN THE CONSTITUTION OF THE AZERBAIJAN
REPUBLIC.
Article 152. Order of Adopting Changes in the Constitution
of Azerbaijan Republic.
Article 153. Initiative of introducing Changes in Constitution
of Azerbaijan Republic.
Article 154. Restriction of Authority of the Constitutional
Court of the Azerbaijan
Republic.
Article 155 Restriction of Initiative of Introducing Changes
in Constitution of the
Azerbaijan Republic.
Section XII .ADDITIONS TO THE CONSTITUTION
OF THE AZERBAIJAN REPUBLIC.
Article 156. Order of Adopting Additions to the Constitution
of the Azerbaijan Republic.
Article 157. Initiative on Introducing Additions to the
Constitution of the Azerbaijan
Republic.
Article 158. Restriction of Initiative on Introducing Additions
to the Constitution of the Azerbaijan Republic
FIRST CHAPTER
GENERAL PROVISIONS
Section I
PEOPLE'S POWER.
Article I . Source of Power.
The Azerbaijan people shall be the
sole source of state power in the Azerbaijan Republic.
The Azerbaijan people shall include citizens of the Azerbaijan
Republic which live in the territory of the Azerbaijan Republic
or outside the country and which obey the Azerbaijan State
and its Laws. This shall not exclude norms defined by the
International Law.
Article 2. People's Sovereignty.
The Azerbaijan people shall have
the sovereign right to freely and independently decide their
fate and to establish the forms of its own governance.
The Azerbaijan people shall implement their sovereign right
via universal elections referendum and via their representatives
elected on the basis of universal, direct and equal elections
by secret and individual ballot.
Article 3. Issues solved via universal
elections-referendum.
The Azerbaijan people can settle
every issue connected with their rights and interests via
referendum. The below-mentioned issues can be solved solely
via referendum:
1) The adoption of the Azerbaijan Republic Constitution
and introducing changes into it;
2) The change of State Borders of the Azerbaijan Republic.
Article 4. Right to Represent People.
Nobody except authoritative representatives
elected by the people shall have the right to represent,
speak for and address on behalf of the people.
Article 5. Unity of People.
The Azerbaijan people shall be united.
The Azerbaijan people's unity shall set up the foundation
of the Azerbaijan state.
The Azerbaijan Republic shall be wholly and indivisibly
Homeland for all the citizens of the Azerbaijan Republic.
Article 6. Banning of Power Usurpation.
No part of the Azerbaijan people,
either an individual, or a social group or an organization
shall have the right to usurp the authority of the Azerbaijan
people to exercise the power.
Power usurpation shall be the most serious crime directed
against the people.
Section II
FUNDAMENTALS OF THE STATE.
Article 7. Azerbaijan State.
The Azerbaijan State shall be democratic,
secular, unitary republic.
The Azerbaijan Republic sovereign power in internal issues
shall be confined to legal rules, while in
international matters it shall be restricted to solely international
agreements.
State power in the Azerbaijan Republic shall be based on
the principle of division of powers:
Legislative power shall be implemented by the Parliament
- Milli Mejlis of the Azerbaijan Republic.
Executive power shall be vested in a President of the Azerbaijan
Republic.
Judicial power shall be administered by courts.
According to the Constitutional Provisions Executive, Legislative
and Judicial powers shall jointly
co-operate and be independent within the framework of their
authority.
Article 8. Head of Azerbaijan State.
President shall be the head of the
Azerbaijan Republic. He shall represent the Azerbaijan state
in home and foreign policies.
President of the Azerbaijan Republic shall embody the unity
of the Azerbaijan people and shall ensure the continuity
of the Azerbaijan state.
President of the Azerbaijan Republic shall guarantee independence,
territorial integrity and fulfillment of international Agreements
to which the Azerbaijan Republic is a party.
President of the Azerbaijan Republic shall ensure independence
of Judicial power.
Article 9. Armed Forces.
The Azerbaijan Republic shall build
its Armed Forces and formations to ensure its security and
protection.
The Azerbaijan Republic shall reject a war as a means of
encroaching on other States' independence and settling international
conflicts.
President of the Azerbaijan Republic shall be Commander
in Chief of the Armed Forces.
Article 10. Main Principles of Foreign
Policy.
The Azerbaijan Republic forms its
relations with other States on the basis of principles taken
into account by universally accepted international rules.
Article 11. Territory.
The territory of the Azerbaijan Republic
shall be united, inviolable and indivisible. The Azerbaijan
Republic territory shall include the Azerbaijan Republic
inner waters, the Caspian Sea (Lake) sector
relating to the Azerbaijan Republic, air space over the
Azerbaijan Republic.
The territory of the Azerbaijan Republic may not be torn
away. The Azerbaijan Republic shall not yield its territory,
or part of it, in any form, to anyone; borders can be specified
only by the Decree of the Parliament on the basis of the
will of the Azerbaijan people.
Article 12. Supreme Aim of State.
Supreme Aim of the State shall be
to ensure human and civil rights and freedoms.
The human and civil rights and freedoms enumerated in this
Constitution shall be exercised in accordance with international
Agreements to which the Azerbaijan Republic party.
Article 13. Property.
The property in the Azerbaijan Republic
shall be inviolable and prospected by the State.
The property can have the form of State property, private
property and municipal property.
The property shall not be used against human and civil rights
and freedoms, against interests of the society and State,
against human dignity.
Article 14. Natural Resources.
Natural resources shall belong to
the Azerbaijan Republic, without damage to the rights and
interests of any physical or juridical person.
Article 15. Economic Development
and State.
The development of economy in the
Azerbaijan Republic based on various forms of property shall
ensure the improvement of the people's wellbeing.
The Azerbaijan State shall create conditions for the development
of economy based on market relations, shall guarantee free
enterprise, shall bar the way to monopolization and unfair
competition in economic relations.
Article 16. Social Development and
State.
The Azerbaijan Republic shall ensure
the improvement of the wellbeing of the people and every
citizen, their social protection and normal living standard.
The Azerbaijan Republic shall promote the development of
culture, education, medical care, science, art, shall protect
the nature of the country, historical, material and spiritual
values of the people.
Article 17. Family and State.
The family as the foundation of society
shall be under special protection of the State.
To take care of the children and their upbringing shall
be the obligation of the parents. The state shall see to
it that this obligation be fulfilled.
Article 18. Religion and State.
Religion shall be separated from
the State in the Azerbaijan Republic. All religions shall
be equal by law. The spread and propaganda of religions
which humiliate human dignity and contradict the principles
of humanity shall be banned.
The State education system shall be of secular character.
Article 19. Monetary Unit.
Manat shall be the monetary unit
of the Azerbaijan Republic.
The National Bank of the Azerbaijan Republic is the exclusive
property of the state. The National Bank shall have the
sole legal right to issue notes or to take them out of circulation.
Usage of any other currency besides manat as a means of
payment in the territory of the Azerbaijan Republic shall
be prohibited.
Article 20. Restriction of State
Loans.
The Azerbaijan Republic shall not
bear responsibility and pay loans aimed at supporting mutiny
or coup d'etat against the Azerbaijan State.
Article 21. State Language.
The Azerbaijan language shall be
the State language of the Azerbaijan Republic.
The Azerbaijan Republic shall ensure the development of
the Azerbaijan language.
The Azerbaijan Republic shall guarantee the free use and
development of other languages spoken by the population.
Article 22. Capital.
Baku shall be the capital of the
Azerbaijan Republic.
Article 23. Azerbaijan State Symbols.
State symbols of the Azerbaijan Republic
shall be: the Azerbaijan Republic Flag the Azerbaijan Republic
Emblem, the Azerbaijan Republic National Anthem.
The Flag of the Azerbaijan Republic shall consist of three
wide stripes. The upper stripe shall be of blue colour,
the middle stripe shall be red and the lower one shall be
green. There shall he a white crescent and eightpointed
star in the middle of the red stripe on both sides of the
Flag. The proportion of the width to the length shall be
1 by 2.
The design of the Azerbaijan Republic Flag and the Azerbaijan
Republic State Emblem, the music and the text of the Azerbaijan
Republic National Anthem shall be defined by the Constitutional
Law.
SECOND CHAPTER
MAJOR RIGHTS, FREEDOMS AND RESPONSIBILITIES.
Section Ill
PRINCIPAL HUMAN AND CIVIL RIGHTS
AND FREEDOMS.
Article 24. Main Principles of Human
and Civil Rights and Freedoms.
Every Citizen from the birth shall
enjoy inviolable, undeniable and inalienable rights and
freedoms. Rights and Freedoms shall also include Commitments
to the Society and other Individuals.
Article 25. Right to Equality.
Every Person shall be equal to the
Law and Court. Men and Women shall have equal Rights and
Freedoms. Every Person shall have equal Rights and Freedoms
irrespective of race, nationality, religion, sex, origin,property
status, social position, convictions, political party, trade
union organization and social unity affiliation. Limitations
or recognition of Rights and Freedoms because of race, nationality,
social status, language origin, convictions and religion
shall be prohibited.
Article 26. Protection of Human and
Civic Rights and Freedoms.
Every Person shall be authorized
to defend his/her human Rights and Freedoms by accepted
means. The State shall ensure the protection of human Rights
and Freedoms.
Article 27. Right to Live.
Everyone shall have the right to
Live.
Every citizen 's right to Live shall be inviolable with
the exception of cases when as a result of the armed attack
an enemy soldier is killed, capital punishment is executed
according to the court's decision and other cases specified
by Law.
Capital punishment as an extreme measure of punishment while
it is still in force can be applied to an individual for
committing a grave crime against the State and different
Persons.
Use of weapon against a human being shall be authorized
in specified by Law cases of required defense, urgency,
capture and detention of a criminal, prevention of a convict's
escape from places of confinement, prevention of a revolt
or a coup against the State, fulfillment of the order given
by the authoritative official during the emergency situation
and martial law, armed attack on the country.
Article 28. Right to freedom.
Everybody shall have the right to
Freedom.
The right to Freedom shall only be limited by detention,
arrest or imprisonment via procedures stipulated by Law.
Legally anybody in the territory of the Azerbaijan Republic
shall be able to freely move and choose place of domicile
for himself/herself and to travel outside Azerbaijan.
A citizen of the Azerbaijan Republic shall have the right
to come back to his/her country nhampered.
Article 29. Right to Property.
Every Person shall have the right
to Property.
No form or kind of property shall have any advantage. The
Property right, including the private property right, shall
be protected by Law.
Every individual may possess movable and immovable Property.
The Property right shall consist of the owner's right to
possess, use and dispose the Property, individually or jointly.
No one shall be dispossessed without the decision of court.
The Property shall not be totally expropriated.
The alienation of the Property for 1he State needs or social
needs shall be allowed only upon preliminary fair reimbursement
of its value.
The State shall secure the succession right.
Article 30. Right to Intellectual
Property.
Every Person shall have the right
to Intellectual Property.
Copyright, inventive right and other forms of intellectual
property shall be guaranteed by the State.
Article 31. Secure Life.
Every Person shall have the right
to Secure Life.
With the exception of cases specified by Law, infringement
upon Person's life, his/her physical and mental health,
property, residence, use of force against him/her shall
be prohibited.
Article 32. Personal Inviolability.
Everyone shall have the right to
Personal Inviolability.
Everybody shall have the right to preserve personal and
family secrets. Except cases specified by Law interference
into a Person's life shall not be authorized.
Collecting, preserving, using and spreading information
relating to a Person's life without consent shall not be
permitted.
The State shall ensure everybody's right to keep secrets
of correspondence, mail, telegraph and other postal services.
This right may be limited in order to prevent a crime or
while investigating a criminal case exercised in accordance
with procedures specified by Law.
Article 33. Inviolability of Residence.
Every Person shall have the right
to the Residence Inviolability.
With the exception of cases specified by Law or Court no
one shall be authorized to enter the Apartment against the
will of the Resident.
Article 34. Right to Marriage.
Everybody shall have the right to
Marriage upon reaching the age specified by Law.
Marriage shall be contracted on the basis of voluntary consent.
No one shall be forced to marry.
Family and Marriage shall be under protection of the State.
Mothers, fathers, children shall be protected by Law. The
State shall render assistance to large families.
Husband and Wife shall have equal rights. Parents shall
have both the right and the obligation to take care of Children
and to raise them.
Children shall have the obligation to take care of their
Parents. Able-bodied Children upon reaching the age of 18
shall have the right to support their invalid Parents.
Article 35. Right to Labour.
Labour shall be the basis of individual
arid social well-being.
Every Person depending on working skills shall have the
right to freely choose kind of activity,
qualification, position and area of employment.
No one shall be forced to work.
Labour contracts shall be freely signed. No one shall be
forced to sign contracts.
Enlisting people to hard labour, forcing them to labour
in connection with the Decrees issued by
authoritative officials when in active service, forcing
people to fulfil required work during state of
emergency and martial law shall be authorized taking into
consideration conditions and terms of Court Decision.
Every Person shall have the right to work under safe and
healthy conditions, to get without distinction no less than
fixed by the State minimum salary for fulfilled labour.
Unemployed shall have the right to get social benefits from
the State.
The State shall do everything in its power to eradicate
unemployment..
Article 36. Right to Strike.
Every Person shall have the right
to Strike either alone or together with others.
The right to Strike of working on Contract basis can limited
only in cases specified Law. Military and civil Persons
serving in the Armed Forces other armed formations of Azerbaijan
Republic shall not on Strike.
Individual and group labour disputes shall be settled in
order stipulated by Law.
Article 37. Right to Rest.
Every Person shall have the right
to Rest.
The people working on contract basis with maximum 8-hour
working day shall be guaranteed rest and holiday days, at
least 21-day paid annual leave.
Article 38. Right to Social Security.
Every Person shall have the right
to Social Security.
It shall be the obligation of the family members in the
first place to render assistance to those people in their
family who need it.
Every Person shall have the right to Social Security in
old age, sickness as stipulated by Law, disability, when
losing work ability or the breadwinner of the family, when
unemployed and in other cases specified by Law.
Minimum extent of pensions and social benefits shall be
defined by Law.
The State shall create possibilities for developing charity
work, voluntary social insurance, and other forms of social
security and shall do all the best to promote their development.
Article 39. Right to Live in Healthy
Environment.
Every Person shall have the right
to live in healthy environment. Everybody shall have the
right to collect information on environmental situation
and to get compensation for damage rendered to the health
and property due to the violation of ecological rights.
Article 40. Right to Culture.
Every Person shall have the right
to participate in cultural life, make use of cultural institutions
and cultural wealth.
Every Person shall treat with respect historical, cultural
and spiritual values, preserve them and protect cultural
monuments.
Article 41. Right to Health Protection.
Every Person shall have the right
to Health Protection and Medical Aid.
The State acting on the basis of various forms of property
shall implement necessary measures to promote the development
of all aspects of health services, ensure the sanitary-epidemiological
security, create various forms of medical insurance.
Authoritative Persons shall be made answerable for concealing
the facts and cases that create danger to life and health
of people.
Article 42. Right to Education.
Every Person shall have the right
to get an Education
The State shall guarantee the right to get compulsory secondary
education free.
Control shall be exercised on the part of the State.
Irrespective of financial position the State shall guarantee
that talented merited Persons continue their education.
The State shall set up educational standards.
Article 43. Right to Residence.
No one shall be deprived of his/her
residence.
The State shall give loans for the construction of houses
and blocks apartments, shall take measures in to implement
Residence right.
Article 44. National and Ethnic Identity.
Every Person shall have the right
preserve national/ethnic identity.
No one can be deprived of the right to change national/ethnic
identity.
Article 45. Right to Use Native Language.
Every Person shall have the right
to use Native language. Everyone shall have the right to
be raised and get an education, be engaged in creative activities
in Native Language.
No one can be deprived of the right to use Native Language.
Article 46. Protection of Honor and
Dignity.
Everybody shall have the right to
protect his/her Honor and Dignity.
The State shall protect personal dignity. Nothing can justify
humiliation of personal dignity.
Nobody can be tortured or tormented, nobody shall suffer
from a treatment or punishment humiliating human dignity.
Nobody shall be experimented upon- medically, scientifically
or any other way without his/her volunteer consent.
Article 47. Freedom of and Speech.
Every Person shall have the freedom
of Thought and Speech.
Nobody shall be forced to identify or refuse his/her ideas
and principles.
Propaganda inciting racial, ethnic or religious animosity
or hostility shall be banned.
Article 48. Freedom of Consciousness.
Every Person shall have the right
to freedom of Consciousness and Religion.
Everybody shall have the right to independently define his/her
attitude towards Religion, to profess
Religion alone or together with other, or to profess no
Religion at all, to express and spread convictions.
Free conduct of religious rites if it doesn't violate public
order or public morality shall be authorized.
Violation of the freedom of Religion and self-expression
shall not be justified.
Article 49. Freedom of Gatherings.
Every Person shall have the right
to freely gather with others.
Everybody shall have the right, upon notification of corresponding
government bodies in advance, to peaceful, unarmed gatherings,
meetings, demonstrations, rallies, street processions, pickets
together with others.
Article 50. Freedom of Information.
Every Person shall have the right
to legally seek, get, pass, prepare and spread information.
Freedom of mass media shall be ensured. State censorship
in mass media, including print media, shall be forbidden
Article 51. Freedom of Creative Work.
Every Person shall have the freedom
of Creative Work.
The State shall ensure the realization of belles-lettres
fiction, scientific-technical and other forms of
creative work.
Article 52. Right to Citizenship.
A Person having political and judicial
relation to the Azerbaijan Republic as well as mutual rights
and obligations shall be a Citizen of the Azerbaijan Republic.
A Person born a Citizen of the Azerbaijan
Republic shall be a Citizen of the Azerbaijan Republic.
A person whose one parent is a Citizen of the Azerbaijan
Republic shall be a citizen of the Azerbaijan Republic.
Article 53. Guarantee of the Citizenship
Right.
A Citizen of the Azerbaijan Republic
can under no circumstances be deprived of his/her citizenship
of the Azerbaijan Republic.
A Citizen of the Azerbaijan Republic can under no circumstances
be driven away from the Azerbaijan Republic or extradited
to a foreign State.
The Azerbaijan Republic shall ensure the legal defense of
Citizens of the Azerbaijan Republic who reside temporarily
or permanently in abroad and shall protect them.
Article 54. Right to Participate
in Political Life of Society and State.
Citizens of the Azerbaijan Republic
shall have the right to participate without hindrance in
the political life of society and the state.
Every Citizen of the Azerbaijan Republic shall have the
right to independently show resistance to the attempt of
a mutiny against the State or forced change of the constitutional
order.
Article 55. Right to Participate
in the State Governing.
Citizens of the Azerbaijan Republic
shall have the right to participate in the Government. They
can
implement this right directly or via their representatives.
Citizens of the Azerbaijan Republic shall have the right
to serve in government bodies. Officials to
government bodies shall be appointed from Citizens of the
Azerbaijan Republic. Foreign Citizens and Persons without
citizenship can be taken to Government service in the order
specified by Law.
Article 56. Election Right.
Citizens of the Azerbaijan Republic
shall have the right to elect and be elected to the government
bodies, and to participate in referendums.
Persons whose incapacity has been determined by the court
shall not have the right to participate in the elections
as well as in the referendum.
Professional military persons, judges, government officials,
persons sentenced to imprisonment according to court's decision
brought into effect, religious people and other people mentioned
in the present Constitution and Laws shall be limited in
their right participate in elections.
Article 57. Right to Address.
Citizens of the Azerbaijan Republic
shall have the right to personal Address as well as the
right to send individual and collective written petitions
to government bodies. Response to each Address must be given
within the order and terms specified by Law.
Citizens of the Azerbaijan Republic shall have the right
to criticize the activity of government bodies, their officials,
political parties, trade unions, other public unions, and
individuals. Persecution for the critics shall be banned.
Insult and slander cannot be considered critics.
Article 58. Right to Unification.
Every Person shall have the right
to unite with others. Every Person shall have the right
to set up any
organization, as well as a political party, trade union
and any other public amalgamations, or to enter an already
existing union. Independent performing of all unions shall
be guaranteed.
No one can be enforced to enter a union or to remain its
member.
The activity of unions which pursue the aim of overthrowing
the legitimate State power in the whole
territory of the Azerbaijan Republic or in any part of it
shall be banned. The occupation of unions which violate
the Constitution and laws can be stopped solely in the order
specified by court.
Article 59. Right to Freedom of Enterprise.
Every Person shall have the right
using, his/her possibilities, abilities and property, to
be independently or jointly with others engaged in business
activity or in any other kind of economic activity authorized
by Law.
Article 60. Judicial Guarantee of
Rights and Freedoms.
Rights and freedoms of every Person
shall be guaranteed in a court. Every Person can complain
in the court of actions (or inaction) of State bodies, political
parties, trade unions, other public unions and officials.
Article 61. Right to Get Legal Help
Every Person shall have the right
to get qualitative legal assistance. In cases specified
by Law legal help shall be rendered free at the expense
of the State.
Every Person From the moment of being detained, arrested,
charged with crime on the part of
authoritative State bodies shall have the right to resort
to the help in the defender.
Article 62. Banning of Changes in
Court Jurisdiction.
Every Person shall have the right
to have his/her case considered in a specified by Law court.
Consideration of the case in another court without the Person's
consent shall be prohibited.
Article 63. Presumption of Innocence.
Every Person shall have the right
to the Presumption of Every Person who is charged with crime
shall be considered innocent until he/she is pleaded guilty
in order specified by Law, and a verdict passed by the court
has come effect. In case there are grounded suspicions concerning
a Persons guilt, it shall not be permitted to bring
in a verdict of guilty with respect to the Person.
A Person who is charged with crime shall not be obliged
to his/her innocence.
Evidence obtained via violating Law cannot be used when
exercising justice.
No one can be found guilty of committing a crime without
the verdict passed by the court.
Article 64. Banning of Repeated Conviction
for the Same Crime.
No one shall be convicted repeatedly
for the same crime.
Article 65.Right of Repeated Appeal
to Court.
Every Person shall have the right
to appeal to higher court on reconsideration of the verdict
passed with respect to him/her in the order specified by
Lair as well as appeal for pardon and mitigating the
punishment.
Article 66. Banning of Forced Testifying
Against Relatives.
No one can be forced to testify against
himself/herself, wife (husband), children, parents, brother,
sister. A complete list of relatives against whom testifying
is not imperative shall be determined by Law.
Article 67. Rights of Detained, Arrested,
and Charged Committing crime.
Every Person who has been detained,
arrested, charged with a crime on the part of authoritative
State bodies must be given immediate explanation of his/her
rights and the reason for being arrested and sued to court.
Article 68. Right to Demand Compensation
for Damage.
The rights of a Person who has been
a victim of a crime and abuse of power, shall be protected
by the State. A victim shall have the right to participate
in court examination and to demand compensation for damage
rendered to him/her.
Every Person shall have the right to get a compensation
from the State for the damage rendered to
him/her as a result of illegal actions or inaction of government
bodies or their officials.
Article 69. Rights of Foreign Citizens
and Persons without Citizenship.
Foreign citizens and Persons without
citizenship in the Azerbaijan Republic can enjoy all rights
and
freedoms and shall fulfil all the obligations together with
the citizens of the Azerbaijan Republic, if they (the latters)
do not contradict the Law or International Agreement to
which the Azerbaijan Republic is a party.
Rights and freedoms of foreign citizens and people without
citizenship residing permanently or temporarily in the territory
of the Azerbaijan can be restricted only in accordance with
the international legal norms laws of the Azerbaijan Republic.
Article 70. Right to Asylum.
According to the universal international
legal norms the Azerbaijan Republic shall grant political
asylum to foreign citizens and persons without citizenship.
Extradition to another State Persons persecuted for their
political convictions and deeds which are not considered
crimes in the Azerbaijan Republic shall not be authorized.
Article 71. Guarantees for Human
and Civil Rights and Freedoms.
Executive, Legislative and Judicial
powers shall observe and protect human rights and freedoms
fixed in the Constitution.
No one shall stop the implementation of human rights and
freedoms.
It is only on declaration of war, martial law and emergency
situation, as well as mobilization that
implementation of human rights and freedoms can be partially
and temporary stopped taking into
consideration international obligations of the Azerbaijan
Republic. The population shall be notified in
advance on the temporary freezing up of human rights and
freedoms implementation.
No Person shall be compelled to make public religious and
other convictions and thoughts and be
persecuted for them.
None of the Provisions of the Constitution shall be interpreted
as the ones directed at the Abolishment of human rights
and freedoms.
Human rights and freedoms shall be in force immediately
in the territory of the Azerbaijan Republic.
Disputes in relation to Human Rights and Freedoms shall
be solved in court.
No one can answer for the deed which at the time of being
committed wasn't considered as violation of Law. If after
violating the Law the new Law has removed or mitigated the
responsibility for such actions the new Law shall be applied
in that case.
Section IV
PRINCIPAL OBLIGATIONS OF CITIZENS.
Article 72. Principal Obligations
of Citizens.
Every Person shall bear responsibilities
to the State and the society, which directly arise from
his rights and freedoms.
Every Person must observe the Constitution and the Laws
of the Azerbaijan Republic, respect rights and freedoms
of other people, execute determined by Law other responsibilities.
Ignorance of the Law shall not relieve a Person of his/her
responsibility.
Article 73. Taxes and other State
Duties.
Every Person shall have a responsibility
to pay imposed by the Law taxes and other State dues in
full volume and without delay.
A Person cannot be forced to pay taxes and other State dues
over and above the volume determined by the Law and if there
are no specified by the Law reasons.
Article 74. Loyalty to Homeland.
Loyalty to Homeland shall be sacred.
Persons employed via election or
appointment in Legislative, Executive and Judicial bodies
shall bear responsibility for proper and accurate implementation
of their obligations and in cases specified by the Law take
oath. A Person holding a position via election or appointment
in Legislative Executive and Judicial bodies, who has taken
the oath of allegiance to Constitution of the Azerbaijan
Republic, shall be considered to have resigned from holding
position and cannot hold this position any more, if he/she
is charged with the crime against the independence of the
Azerbaijan Republic, its constitutional order, mutiny against
the State or overthrow of the government and if the Person
is convicted on the basis of this charge.
Article 75. Respect For State Symbols.
Every citizen must respect State
Symbols of the Azerbaijan Republic- its Flag, Emblem and
National Anthem.
Article 76. Defense of Homeland.
Defense of Homeland shall be the
duty of every citizen. Citizens shall serve in the armed
forces according to the order specified by the Law.
If serving in the armed forces runs counter to a Person's
convictions then active military service can be replaced
by an alternative one in the cases specified by the Law.
Article 77. Protection of Historical
and Cultural Monuments.
To protect historical and cultural
monuments shall be the duty of every Person.
Article 78.Environmental Protection.
Protection of Environment shall be
the duty of every Person.
Article 79. Prohibition to Execute
Responsibilities Contradicting The Law.
A Person cannot be compelled to execute
responsibilities contradicting the. Constitution and the
Laws of the Azerbaijan Republic.
Article 80. Answerability.
Violation of the present Constitution
and the Laws of the Azerbaijan Republic as well as abuse
of rights and freedoms and failure to fulfil responsibilities,
specified by the present Constitution and the Laws of the
Azerbaijan Republic shall entail answerability determined
by the Law.
THE THIRD PART STATE POWER
Section V
LEGISLATIVE POWER.
Article 81. Execution of Legislative
Power.
The Legislative power shall be executed
by the Milli Mejlis of the Azerbaijan Republic.
Article 82. Quantitative Composition
of Milli Mejlis of Azerbaijan Republic.
The Milli Mejlis of the Azerbaijan
Republic shall consist of 125 Deputies.
Article 83. Principles of Azerbaijan
Republic Milli Mejlis Elections.
Deputies of Milli Mejlis of the Azerbaijan
Republic shall be elected on the basis of majority and
proportionate election systems and universal, equal, direct
elections by free, individual and secret ballot.
Article 84. Term of Office for Members
of Milli Mejlis of the Azerbaijan Republic.
The term of office of the Milli Mejlis
of the Azerbaijan Republic shall be 5 (five) years.
Elections of the Milli Mejlis members shall be held every
five years on the first Sunday of November.
The term of office for the members of the Milli Mejlis of
the Azerbaijan Republic shall be limited by the term of
office of the Milli Mejlis of the Azerbaijan Republic.
If the new elections are held to replace the Deputies, that
have quit the Milli Mejlis membership, with the new ones,
the term of office of the newly elected Deputy shall be
limited to the term of office of the Milli Mejlis of the
Azerbaijan Republic.
Article 85. Requirements to Candidates
to Deputies of Milli Mejlis of the Azerbaijan Republic.
Every citizen of the Azerbaijan Republic
who has reached the age of 25 can be elected a Deputy -
member of the Milli Mejlis of the Azerbaijan Republic in
the order determined by the Law.
Persons who have dual citizenship, are in State service
in other countries, work in Executive or Judicial bodies,
Persons engaged in a different paid activity with he exception
of scientific, creative and teaching work, ministers of
religion, Persons whose inactivity has been confirmed by
court, Persons who serve their sentence in places of confinement
by the court's verdict cannot be elected Deputies.
Article 86. Check up and Confirmation
of Election Results.
The correctness of the results of
the elections shall be checked and confirmed by the Constitutional
Court of the Azerbaijan Republic.
Article 87. Expiration of Term of
Office.
The term of office of the members
of the Milli Mejlis of the Azerbaijan Republic shall expire
on the day of the first sitting of the newly elected Milli
Mejlis of the Azerbaijan Republic.
The elections to replace the Deputies who have left the
Milli Mejlis of the Azerbaijan Republic shall not be held
if less than 120 days remains till the expiration of the
term of office.
The Milli Mejlis of the Azerbaijan Republic shall have power
provided the authority of 83 members be confirmed.
Article 88. Sessions of Milli Mejlis
of the Azerbaijan Republic.
The Milli Mejlis shall summon two
regular Sessions every year. The spring Session shall start
on 1st of February and it shall last till 31 of May. The
fall Session shall start on 30th of September and it shall
last till 30th of December. In case 1st of February and
30th of September fall on days off then the Session shall
start its work the first following working day. If after
elections to the Azerbaijan Republic Milli Mejlis the authority
of its 83 members are confirmed till 1st of February, then
Constitutional Court of the
Azerbaijan Republic shall fix the date of the first Session
of the Azerbaijan Republic Milli Mejlis. After approving
of 83 members of the Azerbaijan Republic Milli Mejlis the
first of the Azerbaijan Republic Milli Mejlis shall be summoned
within one week starting from the day of approval but not
later.
Special Sessions of the Azerbaijan Republic Milli Mejlis
shall be summoned by the Chairman of
Azerbaijan Republic Milli Mejlis at the request of the President
of the Azerbaijan Republic, 42 Deputies of Milli Mejlis.
The Agenda of the Special Session shall be worked out by
those members who required its convocation.
After consideration of agenda items the work of the Special
Session shall be completed.
Article 89. Disfranchisement of Membership
to Milli Mejlis of the Azerbaijan Republic and Loss of Deputy
Power.
A member of the Azerbaijan Milli
Mejlis shall lose his/her power in the below-mentioned cases:
1) the wrong accounting of votes
during the elections has been revealed;
2) the citizenship of the Azerbaijan Republic has been lost
or citizenship of another country has been granted;
3) a crime has been committed there is court's decision
that has entered into effect;
4) a position held in government bodies, being a minister
of religion, being engaged in the business,
commercial of other paid activity ( excepting scientific,
teaching and creative activity);
5) resignation of his/her own accord;
6) disbandment of the party which he/she is a member.
The rules of disfranchisement of
membership to the Milli Mejlis of the Azerbaijan Republic
shall be set up by the Law.
The members of the Azerbaijan Republic Milli Mejlis shall
be considered to have lost their power when being unable
to execute their power and in other cases specified by the
Law. The order of taking such a decision shall be set up
by the Law.
Article 90. Deputy Immunity.
The Deputy during the term of office
shall have personal immunity. With the exception of cases
when he has been caught red-handed, the Deputy at the term
of office cannot be brought to court, detained, administrative
measures of punishment cannot be applied to the him/her,
he/she cannot be arrested or punished in some other way,
he cannot be searched, examined. The Deputy can be detained
if caught red-handed. In this case the body which has detained
the Deputy must inform the General Prosecutor of the Azerbaijan
Republic about it.
The Deputy immunity can be stopped only by the decision
of the Milli Mejlis of the Azerbaijan Republic on the basis
of the General Prosecutor's representations.
Article 91. Prohibition against Making
Deputies Answerable.
The Deputies of the Milli Mejlis
of the Azerbaijan Republic cannot be made answerable for
their activity in the Milli Mejlis, voting in the Milli
Mejlis and ideas expressed in the Milli Mejlis. Concerning
these cases explanations and evidence can be required only
with their consent.
Article 92. Coordination of Work
of Milli Mejlis of the Azerbaijan Republic.
The Milli Mejlis of the Azerbaijan
Republic shall set up the procedure of Its work, it also
shall choose the Chairperson and its Assistants, organize
permanent and other commissions, sets up Counting Chamber.
Article 93. Acts of Milli Mejlis
of the Azerbaijan Republic.
The Milli Mejlis of the Azerbaijan
Republic on issues relating to its sphere of competence
shall pass Laws, Constitutional Laws, and Resolutions.
Constitutional Laws, Laws and Resolutions shall be passed
by the Milli Mejlis in the order specified by the present
Constitution.
Members of the Milli Mejlis shall personally exercise the
voting right.
Laws and Resolutions of the Azerbaijan Republic Milli Mejlis
can not stipulate concrete tasks to Executive bodies and
courts.
Article 94. General Rules Determined
by Milli Mejlis of the Azerbaijan Republic.
The Milli Mejlis of the Azerbaijan
Republic shall determine general rules on the following
issues:
1) use of human and civil rights
and freedoms. State guarantee of these rights and freedoms;
2) the Azerbaijan Republic Presidential elections;
3) elections to the Milli Mejlis of the Azerbaijan Republic
and the status of members of the Milli Mejlis of the Azerbaijan
Republic
4) referendum;
5) court system and the status of judges; attorney ship;
bar and notary business;
6) legal proceedings, implementation of court's decisions;
7) municipal elections and status of municipalities;
8) emergency situation regime; martial law regime;
9) State awards;
10) the status of physical and juridical Persons;
11) objects of Civil Law;
12) transactions; civil law Agreements, representations
and inheritance;
13) right of ownership, including legal regime of State,
private and municipal property, right of intellectual
property; other property rights; obligation right;
14) family relations including trusteeship and guardianship.
15) foundations of finance activity, taxes, duties and payments;
16) labor relations and social security;
17) determination of crimes and law violations; imposing
answerability for their commitment;
18) defense and military service;
19) State service;
20) foundations of security;
21) territorial set up; regime of State borders;
22) ratification and denunciation of international agreements;
23) communications and transport;
24) statistics, metrology and standards;
25) customs;
26) commerce and transaction;
27) banking, accounting, insurance;
28) On issues mentioned in items 2, 34 of the present paper
the Laws shall be passed by a majority of 83 votes, on the
remaining issues a majority of 63 votes shall be needed
to pass a Law.
The first part of the present Article
can be supplemented by the Constitutional Law.
Article 95. Issues solved by Milli
Mejlis of the Azerbaijan Republic.
The Milli Mejlis of the Azerbaijan
Republic shall be authorized to settle the following matters:
1) arrangement of work of the Azerbaijan
Republic Milli Mejlis:
2) establishment of diplomatic representation upon the President's
representation
3) administrative-territorial division;
4) ratification and denunciation Treaties, Agreements and
Conventions;
5) ratification of the State fiscal budget on the representation
of President of the Azerbaijan Republic and exercising control
over its use;
6) amnesty;
7) ratification of the military doctrine upon the representation
of the President of the Azerbaijan Republic;
8) ratification of the President's Decrees in cases specified
by the present Constitution;
9) giving consent to the candidate being appointed to the
post of the Prime-Minister of the Azerbaijan Republic upon
the representation of the President of the Azerbaijan Republic;
10) appointment of members of the Constitutional Court and
Supreme Court of the Azerbaijan Republic upon the representation
of the President of the Azerbaijan Republic;
11) appointment of the General Prosecutor on the representation
of the president of Azerbaijan Republic, giving consent
to release the General Prosecutor from the holding position
on the representation of the President of the Azerbaijan
Republic;
12) to remove from holding position via impeachment the
President of the Azerbaijan Republic on the representation
of the Constitutional Court;
13) remove judges from holding positions on the representation
of the President of the Azerbaijan
Republic;
14) to solve the issue of confidence the Cabinet of Ministers
of the Azerbaijan Republic;
15) appointment to and removal from the position of the
Chairperson the Board Committee of the
Azerbaijan Republic National Bank and of the Board Committee
on the representations of the President of the Azerbaijan
Republic;
16) give consent to enlist armed forces to the fulfillment
of obligations not connected with their main
purpose on the basis of the representation of the President
of the Azerbaijan Republic;
17) give consent to declare a war in the basis of the address
of the President of the Azerbaijan Republic;
18) appoint referendum.
19) setting up Auditing Chamber.
On issues pointed out in items 1-5
of the present Article Laws shall be passed by a majority
of 63 votes, as for the remaining issues Resolutions shall
be passed in the same order if the present Constitution
doesn't stipulate another order.
Resolutions shall be passed also on other issues which the
present Constitution refers to the sphere of competence
of the Azerbaijan Republic Milli Mejlis.
The first part of the present Article can be supplemented
by the Constitutional Law.
Article 96. Right to Legislative
Initiative.
The right to Legislative Initiative
(the right to introduce for the Parliament discussion draft
laws and other issues) in the Parliament shall belong to
the Deputies, the President of the Azerbaijan Republic,
Constitutional Court of the Azerbaijan Republic and Ali
Mejlis of Nakhichevan Autonomous Republic.
Draft Laws put forward as a legislative initiative by the
President of Azerbaijan Republic, Supreme Court the Azerbaijan
Republic or Ali Mejlis of the Nakhichevan Autonomous Republic
shall be submitted to the Milli Mejlis of the Azerbaijan
Republic for discussion and put to the vote the way they
are presented.
The changes in the Draft Laws shall be introduced by consent
of the body that has used the right of
legislative initiative.
Draft Laws tabled by the President of the Azerbaijan Republic,
the Constitutional Court of the Azerbaijan Republic or All
Mejlis of the Nakhichevan Autonomous Republic for the discussion
in the Azerbaijan Republic Parliament as a Legislative Initiative
shall be submitted for discussion and shall be put to the
vote, the way they are submitted.
Draft Laws submitted as a Legislative Initiative by the
President of the Azerbaijan Republic, the Constitutional
Court of the Azerbaijan Republic or All Mejlis of the Nakhichevan
Autonomous Republic shall be put to the vote in the Azerbaijan
Republic Parliament for the term of two months.
Upon declaring the Draft Law urgent on the part of the President
of the Azerbaijan Republic, the
Constitutional Court or All Mejlis of the Nakhichevan Autonomous
this term shall make 20 days.
Article 97. Term of Submitting Laws
for Signing.
The Laws shall be submitted to the
President of the Azerbaijan Republic signing within 14 days
since the day adoption.
The Draft Law which has been declared urgent shall be submitted
to the President of the Azerbaijan Republic for signing
within 24 hours since its adoption.
Article 98. Enforcement of Laws of
the Azerbaijan Republic Milli Mejlis.
The Law and the Resolutions shall
come into effect since the day of publication if the Law
or the
Resolution itself does not specify a different order
Section VI.
EXECUTIVE POWER.
Article 99. Affiliation to Executive
Power.
Executive power in the Azerbaijan
Republic shall belong to the President of the Azerbaijan
Republic.
Article 100. Requirements to the
candidates for the President of the Azerbaijan Republic.
Every Person no younger than 35 years
old, permanently residing in the territory of the Azerbaijan
Republic for more than 10 years, having election right,
a University Degree, who has never been tried for a major
crime, who has no commitments towards other States, exclusively
a citizen of the Azerbaijan Republic shall have the right
to be elected President of the Azerbaijan Republic.
Article 101.Foundations for the Azerbaijan
Republic Presidential Elections.
The President of the Azerbaijan Republic
shall be elected for the term of 5 years via universal,
direct and equal elections by free, individual and secret
ballot.
The President of the Azerbaijan Republic shall be elected
by the majority of two thirds of votes
participating in the voting.
If this majority is not collected during the first round
of elections, then the second round of elections shall be
held on the second Sunday after the elections. Two candidates
only, who have polled most votes in the first round, shall
participate in the second round, or in case those candidates
who have polled most votes have recalled their candidacies,
it shall be two candidates following the first ones.
The candidate who has collected in the second round a majority
vote is considered to be elected President of the Azerbaijan
Republic.
No Person can be elected President of the Azerbaijan Republic
more than twice.
The order of applying the present article shall be set up
by the Law.
Article 102. Results of the Azerbaijan
Republic Presidential Elections.
Information on the results of the
elections shall be officially announced by the Constitutional
Court of the Azerbaijan Republic within 7 days the elections.
Article 103. Oath of Allegiance of
Person Elected President of Azerbaijan Republic.
A Person who has been elected President
of the Azerbaijan Republic within 3 days starting from
announcement day of the Presidential election results with
the participation of Judges of the Constitutional Court
shall take the following oath: "While executing power
of the President of the Azerbaijan Republic I swear to observe
the Constitution of the Azerbaijan Republic, defend sovereignty
and territorial integrity of the State, to serve the people
in a dignified manner".
From the day of swearing in the president shall be considered
to have entered upon his duties.
Article 104. Inability of President
of the Azerbaijan Republic to Permanent Execute his Authority.
The President shall be considered
to have lost his power before the appointed time when he
retires, loses ability to implement for health reasons his
obligations, or is removed from once in cases and in the
order specified by the present Constitution.
When the President of the Azerbaijan Republic retires his
request on retirement shall be submitted to the Constitutional
Court of the Azerbaijan Republic. The Constitutional Court
of the Azerbaijan Republic having ascertained that the President
has personally sent in his resignation shall take a decision
on approving the Azerbaijan Republic President's resignation.
From that moment on the President shall be considered to
have resigned from his position in connection with his retirement.
Upon the representation of information concerning the President's
complete loss of ability for health
reasons to execute his power, the Milli Mejlis shall address
the Constitutional Court of the Azerbaijan Republic for
elucidating the fact. The Constitutional Court of the Azerbaijan
Republic shall take a decision on this issue by a majority
of 6 votes. If the Constitutional Court does not confirm
this fact, then the issue shall be considered settled.
Article 105. Execution of Obligations
of the Azerbaijan Republic President upon His Retirement.
When the President retires from the
position before the appointed time new Presidential elections
shall be held within three months. In this case the Chairperson
of the Milli Mejlis of the Azerbaijan Republic shall perform
duties of the President of the Azerbaijan Republic.
If during this term acting President of the Azerbaijan Republic
chairman of the Milli Mejlis of the
Azerbaijan Republic resigns, completely loses for health
reasons the ability to implement his power, then the obligations
of the President of the Azerbaijan Republic shall be fulfilled
by the Prime-Minister of the Azerbaijan Republic.
When there is no possibility for the Prime-Minister of the
Azerbaijan Republic to exercise power of the President of
the Azerbaijan Republic for reasons pointed out in the second
half of the present Article the Milli Mejlis of the Azerbaijan
Republic shall pass a Resolution on the executing authority
of the President of the Azerbaijan Republic by another official.
Article 106. Immunity of President
of the Azerbaijan Republic.
The President of the Azerbaijan Republic
shall have the right of immunity.
The honor and dignity of the president of the Azerbaijan
Republic shall be protected by Law.
Article 107. Removing from Position
of President of the Azerbaijan Republic.
When a grave crime has been committed
by the President of the Azerbaijan Republic the issue concerning
the removal of the President of the Azerbaijan Republic
from his position can be put forward before the Milli Mejlis
of the Azerbaijan Republic on the initiative of the Constitutional
Court of the Azerbaijan Republic on the basis of the conclusion
drawn by the Supreme Court of the Azerbaijan Republic within
30 days.
The President of the Azerbaijan Republic can be removed
from office on the basis of the Resolution
passed by the majority of 95 votes of the Deputies. This
Resolution shall be signed by the Constitutions Court of
the Azerbaijan Republic. If within one week the Constitutional
Court of the Azerbaijan Republic does not come out in favor
of signing this Resolution, the Resolution shall not come
into effect.
The Resolution on the removal of the President from office
shall be passed within 2 months since the day of the Constitutional
Court addressing the Milli Mejlis of the Azerbaijan Republic.
If within this term the mentioned Resolution is not passed
the accusation shall be turned down.
Article 108. Maintenance of President
of the Azerbaijan Republic.
The President of the Azerbaijan Republic
and his family shall be maintained at the expense of the
State. Security of the President of the Azerbaijan Republic
and his family shall be ensured by special guard services.
Article 109. Power of President of
Azerbaijan Republic.
The President of the Azerbaijan Republic:
1) shall appoint elections to the
Milli Mejlis of the Azerbaijan Republic;
2) shall submit the State budget of the Azerbaijan Republic
to the Milli Mejlis for ratification;
3) approves State economic and social programs;
4) on co-ordination with the Milli Mejlis of the Azerbaijan
Republic shall appoint the Prime-Minister of the Azerbaijan
Republic and shall remove from position the Prime-Minister
of the Azerbaijan Republic; the Milli Mejlis of the Azerbaijan
Republic shall perform duties of the President of the Azerbaijan
Republic.
5) shall appoint to position and remove from position members
of the Cabinet of Ministers of the
Azerbaijan Republic; in required cases shall preside at
the meetings of the Cabinet of Ministers of the Azerbaijan
Republic;
6) shall take a decision on resignation of the Cabinet of
Ministers;
7) shall set up central and local executive bodies for exercising
executive pointer within the expenses planned by the State
budget of the Azerbaijan Republic;
8) shall annul the Resolutions and Orders of the Cabinet
of Ministers of the Azerbaijan Republic, the Cabinet of
Ministers of the Nakhichevan Autonomous Republic, Acts of
central and local executive
bodies;
9) shall submit a proposal to the Milli Mejlis of the Azerbaijan
Republic on the appointment and removing from the position
of judges of the Constitutional Court. The Supreme Court
of the Azerbaijan Republic and the Economic Court of the
Azerbaijan Republic; on co-ordination with the Milli Mejlis
of the Azerbaijan Republic shall appoint and remove General
Prosecutor of the Azerbaijan Republic from holding position;
appoint to the position of judges of other courts of Azerbaijan
Republic;
10) shall submit proposals to the Milli Mejlis of the Azerbaijan
Republic on the appointment to the position and removal
from the position the members of the Board Committee of
the National Bank of the Azerbaijan Republic;
11) shall submit military doctrine of the Azerbaijan Republic
to the Milli Mejlis for ratification;
12) shall appoint and remove from position higher commanders
of the Armed Forces of the Azerbaijan Republic;
13) shall form the President's Administration and shall
appoint its Head;
14) shall appoint and remove from position authoritative
representatives of the President of the Azerbaijan Republic;
15) shall submit to the Milli Mejlis a proposal on establishing
diplomatic representations of the Azerbaijan Republic in
foreign countries and international organizations, appoint
and recall diplomatic representatives of the Azerbaijan
Republic in foreign States and international organizations;
16) shall accept credentials and letters of recall of the
diplomatic representatives of foreign States;
17) shall conclude intergovernmental Treaties and Agreements,
shall submit interstate Treaties, to the Milli Mejlis of
the Azerbaijan Republic for ratification or denunciation;
shall sign Decrees on the ratification of international
Treaties and Agreements;
18) shall appoint a referendum;
19) shall sign and issue laws;
20) shall settle the issues of citizenship;
21) shall decide issues on granting political asylum;
22) shall pass Acts on Granting Mercy;
23) shall grant State awards;
24) shall confer higher military and higher special ranks;
25) shall announce total or partial mobilization and demobilization;
26) shall take a decision on calling up citizens of the
Azerbaijan Republic for urgent military service and transferring
soldiers to the reserve;
27) shall found Security Council of the Azerbaijan Republic;
28) shall introduce representation to the Milli Mejlis of
the Azerbaijan Republic on giving consent to enlist armed
forces to the fulfillment of obligations not connected with
their main destination;
29) shall declare emergency situation and martial law;
30) shall upon consent of the Milli Mejlis of the Azerbaijan
Republic declare war and conclude peace;
31) shall set up special guard services;
32) shall in the executive order settle other issues not
referred by the present Constitution to the power of the
Milli Mejlis of the Azerbaijan Republic.
Article 110. Signing Laws.
The President of the Azerbaijan Republic
shall sign Laws within 56 days since the day of representation.
If a Law arouses objection on the part of the President
of the Azerbaijan Republic he without signing the Law shall
at the appointed time send it back to the Milli Mejlis of
the Azerbaijan Republic attaching his objections If the
Milli Mejlis of the Azerbaijan Republic by repeated voting
passes the Laws by a majority of 95 votes which have been
previously passed by a majority of 83 votes, and the Laws,
previously
adopted by a majority of 63 votes, by a majority of 83 votes
then the Laws shall come into effect.
Article 111. Declaration of Martial
Law.
The President of the Azerbaijan Republic
shall declare Martial Law in the whole territory of the
Azerbaijan Republic or in some of its parts and shall immediately
represent the following Decree at the Milli Mejlis of the
Azerbaijan Republic for ratification when a certain part
of the territory of the Azerbaijan Republic has been occupied,
a foreign State has declared a war against the Azerbaijan
Republic, real danger of an armed attack against the Azerbaijan
Republic has been brought into being, a territory of the
Azerbaijan Republic has been blockaded, and if there exists
real danger of such a blockade.
Article 112. Declaration of Emergency
Situation.
The President of the Azerbaijan Republic
shall declare Emergency Situation in separate areas of the
Azerbaijan Republic when there are natural calamities, epidemics,
epizootic, great ecological and other catastrophes, as well
as when there actions directed at the violation of territorial
integrity of the Azerbaijan Republic, forced change of its
Constitutional system, mass disturbances, accompanied by
violence, rise of national conflicts creating threat for
life and security of citizens, or for normal activity of
State bodies.
The President of the Azerbaijan Republic within 24 hours
shall submit the Decree to the Milli Mejlis of the Azerbaijan
Republic for ratification.
Article 113.Acts of President of
Azerbaijan Republic.
The President of the Azerbaijan Republic
when establishing general rules shall issue Decrees, on
other issues - Orders.
If a different order is not envisaged in Decrees and Orders,
they shall come into effect from the day of publication.
Article 114. Status of Cabinet of
Ministers of Azerbaijan Republic.
With the aim of implementing Executive
power the President of the Azerbaijan Republic shall form
the Cabinet of Ministers of the Azerbaijan Republic.
The Cabinet of Ministers shall be the supreme Executive
body of the President of the Azerbaijan
Republic.
The Cabinet of Ministers of the Azerbaijan Republic shall
be subordinate and accountable to the President of the Azerbaijan
Republic.
The order of activity of the Cabinet of Ministers of the
Azerbaijan Republic shall be determined by the President
the Azerbaijan Republic.
Article 115. Composition of Cabinet
of Ministers of the Azerbaijan Republic.
The Cabinet of Minister shall consist
of the Prime Minister of the Azerbaijan Republic, his Deputies,
Ministers and Heads of other central bodies of Executive
power.
Article 116. Resignation Cabinet
of Ministers.
On the day when the newly elected
President of the Azerbaijan Republic has taken office and
has entered upon his duties the Cabinet of Ministers shall
resign.
Article 117. Meetings of Cabinet
of Ministers of the Azerbaijan Republic.
The Prime Minister of the Azerbaijan
Republic shall preside at meetings the Cabinet of Ministers
of the Azerbaijan Republic.
Article 118. Order of Appointment
Prime- Minister of Azerbaijan Republic.
The Prime- Minister of the Azerbaijan
Republic shall be appointed by the President of the Azerbaijan
Republic in co-ordination with the Milli Mejlis of the Azerbaijan
Republic.
The President of the Azerbaijan Republic shall submit for
discussion to the Milli Mejlis of the Azerbaijan Republic
a proposal on the candidacy to the post of the Prime Minister
no later than one month from the day of starting entering
upon his duties or no later than a fortnight from the day
of resignation of the Cabinet of Ministers of Azerbaijan
Republic.
The Milli Mejlis of the Azerbaijan Republic shall give consent
to the candidature to the post of the Prime Minister of
the Azerbaijan Republic no later than one week from the
day of the candidature
representation. If the mentioned order is violated or consent
is not given thrice to the appointment to the Azerbaijan
Republic Prime Minister post of the candidatures represented
by the President of the Azerbaijan Republic, then the President
of the Azerbaijan Republic can appoint the Prime Minister
of the Azerbaijan Republic without the consent of the Azerbaijan
Republic Mill Mejlis.
Article 119. Authority of Cabinet
of Ministers of the Azerbaijan Republic.
The Cabinet of Ministers of the Azerbaijan
Republic:
- shall make up a draft of the State budget of the Azerbaijan
Republic and shall submit it to the President of the Azerbaijan
Republic;
- shall ensure the implementation of the State budget of
the Azerbaijan Republic;
- shall ensure realization of the financial and credit and
monetary policy;
- shall ensure putting into life State economic programs;
- shall ensure execution of State social programs;
- shall head the Ministries and other central executive
bodies, shall annul their Acts;
- shall settle other issues which are attributed by the
President to the Cabinet's jurisdiction.
Article 120. Acts of Cabinet of Ministers
of Azerbaijan Republic.
The Cabinet of Ministers of the Azerbaijan
Republic when determining general rules shall pass Decrees,
it shall pass Orders on other issues.
If a different order is not specified in Decrees and Orders
of the Cabinet of Ministers they come into effect after
the day of publication.
Article 121. Requirements to Candidates
for the Position of Members of the Azerbaijan Republic Cabinet
of Ministers.
I. A citizen of the Azerbaijan Republic
no younger than 30 years old, having a University Degree,
election right, having no obligation in relation to any
foreign Sate shall be appointed Prime Minister.
II. A citizen of the Azerbaijan Republic at the age of no
less than 25 years, with a University Degree, election right,
without obligations to any foreign State shall be appointed
Deputy Prime Minister, Minister, Head of other central Executive
bodies.
Article 122. Requirements to Members
of Cabinet of Ministers of Azerbaijan Republic.
The Prime Minister of the Azerbaijan
Republic, his Deputies, Ministers, Heads of other central
executive bodies cannot hold any other elected or appointed
position, they cannot be engaged in business, commercial
and any other paid activities with the exception of scientific,
teaching and creative activities, or can they get other
remuneration except salary for holding position and also
means received for scientific, teaching and creative works.
Article 123. Immunity of the Prime-Minister
of the Azerbaijan Republic.
During the term of office the Prime
Minister shall enjoy personal immunity.
The Prime Minister cannot be brought to court, detained,
except the cases when he is, caught red-handed.
No court measures like administrative penalty, arrest, and
other suppression measures can be applied to him, he cannot
be searched or inspected.
The Prime Minister of the Azerbaijan Republic can be detained
if he is caught red-handed. In that case the body who has
detained the above-mentioned official shall immediately
inform the General Prosecutor of the Azerbaijan Republic
about it.
The immunity of the Prime Minister of the Azerbaijan Republic
can be stopped only by the President on the basis of the
representation of the General Prosecutor of the Azerbaijan
Republic.
Article 124. Local Executive Power.
Local Executive power shall be implemented
by the Heads of Executive power.
Heads of Executive power shall be appointed and removed
from holding positions by the President of the Azerbaijan
Republic. Authority of the Local Executive power shall be
determined by the President of the Azerbaijan Republic.
Section VII
JUDICIAL POWER.
Article 125. Execution of Judicial
Power.
Judicial power shall be implemented
solely judicial bodies.
Judicial power shall be executed by the Constitutional Court
of the Azerbaijan Republic, the Supreme Court of the Azerbaijan
Republic, Economic Court of the Azerbaijan Republic, general
and specialized courts of the Azerbaijan Republic.
Judicial power shall be exercised via constitutional, civil,
administrative and criminal legal proceedings and in other
forms specified by the Law.
Attorney ship and defense of the Azerbaijan Republic shall
participate in the implementation of Judicial power with
the exception of the Constitutional legal procedure.
Judicial Structure and Legal Procedure shall be determined
by the Law.
Use of legal means not stipulated by Law in order to change
authority of judges and create extraordinary courts shall
be prohibited.
Article 126. Requirements to Candidates
to the post of Judges.
Citizens of the Azerbaijan Republic
who have reached the age of 30 years, have a University
Degree in Law and a 5-year working experience in the sphere
of Law can be Judges.
Judges can not hold another elected or appointed position,
they can not be engaged in business,
commercial and any other paid activities, excepting scientific,
teaching and creative work, or can they affiliate to political
parties and be engaged in political activities, or can they
get any remuneration except salary and means for scientific,
teaching and creative work.
Article 127. Principles of Justice.
Judges shall be autonomous, they
shall be subordinate only to the Constitution and the Laws
and shall be irremovable in accordance with the Law.
Judges decide the cases in an unbiased, fair way, following
the legal equality of the sides, on the basis of facts and
in accordance with the Law.
Direct of indirect restriction of legal procedure on somebody's
part and for some reason, illegal influence, pressure, threat
interference shall not be permitted.
Justice shall be administered on the basis of legal equality
of citizens before Law and Court.
Trial in all the courts shall be public.
Hearing of the case behind closed doors can be authorized
in case when the court assumes that open trial can lead
to revealing the State, professional or commercial secret,
or when the court pursues the necessity of keeping secrecy
of a personal or family life.
Legal proceeding of criminal cases by default shall not
be authorized in court of first instance.
Legal proceedings shall be implemented based on the principle
of Controversy.
Every Person shall have the right get qualified legal help
at any stage of legal proceedings.
Justice is based on Presumption of Innocence.
Legal proceedings in the Azerbaijan Republic shall be conducted
in the official language of the Azerbaijan Republic or in
the language of the population which constitute the majority
in the area concerned.
Persons - participants of court examination who do not know
the language in which legal proceedings are held shall be
guaranteed via the interpreter the right to get fully familiarized
with the materials of the case, participate in legislative
enactments and speak in the native language in the court.
Article 128. Immunity of Judges.
Judges shall have immunity.
A judge can be brought to court only in the order specified
by the Law.
Authority of Judges can be terminated only in the legal
order specified by the Law.
Upon commitment by judges of crimes the President of the
Azerbaijan Republic on the assumption of the conclusion
of the Azerbaijan Republic Supreme Court shall speak at
the Milli Mejlis of the Azerbaijan Republic with the initiative
to remove judges from holding position. Corresponding conclusion
of the Azerbaijan Republic Supreme Court must be submitted
to the President of the Azerbaijan Republic on the corresponding
inquiry within 30 days.
Decision on removing members of the Constitutional Court,
the Supreme Court of the Azerbaijan
Republic and the Economic Court of the Azerbaijan Republic
shall be made by a majority of 83 votes; decision on removing
other judges shall be taken by the Milli Mejlis of the Azerbaijan
Republic by a majority of 63 votes.
Article 129. Court Decisions and
Their Implementation.
Judges shall take decisions on behalf
of the State, implementation of these decisions shall be
binding on everyone.
Article 130 Constitutional Court
of the Azerbaijan Republic.
The Constitutional Court of the Azerbaijan
Republic shall consist of 9 judges.
Members of the Constitutional Court of the Azerbaijan Republic
shall be appointed by the Milli Mejlis of the Azerbaijan
Republic upon the representation of the President of the
Azerbaijan Republic.
On the basis of inquiry made by the President of the Azerbaijan
Republic, Milli Mejlis of the Azerbaijan Republic, the Cabinet
of Ministers of the Azerbaijan Republic, Supreme Court of
the Azerbaijan Republic, General Prosecutor's Office of
the Azerbaijan Republic, All Mejlis of the Nakhichevan Autonomous
Republic the Constitutional Court of the Azerbaijan Republic
shall deal with the issues;
1) on conformity with the Constitution
of the Azerbaijan Republic of Laws of the Azerbaijan Republic,
Decrees and Orders of the President of the Azerbaijan Republic,
Resolutions of the Milli Mejlis of the Azerbaijan Republic,
Resolutions and Orders of the Cabinet of Ministers of the
Azerbaijan Republic, normative and legal Acts of central
Executive bodies,
2) on conformity with the Laws of the Azerbaijan Republic
of Decrees of the President of the Azerbaijan Republic,
Resolutions of the Cabinet of Ministers of the Azerbaijan
Republic, normative and legal Acts of central Executive
bodies;
3) on conformity with the Decrees and Orders of the President
of the Azerbaijan Republic of Resolutions of the Cabinet
of Ministers of the Azerbaijan Republic and normative and
legal Acts of central Executive bodies;
4) on conformity of Acts of the Supreme Court of the Azerbaijan
Republic incases specified by the Law with the Constitution
and the Laws of the Azerbaijan Republic;
5) on conformity of the municipal Acts of the Constitution
of the Azerbaijan Republic with the Laws of the Azerbaijan
Republic, Decrees of the President of the Azerbaijan Republic,
Resolutions of the Cabinet of Ministers of the Azerbaijan
Republic (in the Nakhichevan Autonomous Republic also with
the Constitution and the Laws of the Nakhichevan Autonomous
Republic and with the Resolutions of the Cabinet of Ministers
of the Nakhichevan Autonomous Republic);
6) on conformity of abandoned interstate Treaties of the
Azerbaijan Republic with the Constitution of the Azerbaijan
Republic, on conformity of intergovernmental Treaties of
the Azerbaijan Republic with the Constitution and the laws
of the Azerbaijan Republic;
7) on banning political parties or other social unions;
8) on conformity with the Constitution of the Azerbaijan
Republic of the Constitution and the Laws of the Nakhichevan
Autonomous Republic, Resolutions of All Mejlis of the Nakhichevan
Autonomous Republic, Resolutions and Orders of the Cabinet
of Ministers of the Nakhichevan Autonomous Republic; in
conformity with the Laws of the Azerbaijan Republic of the
Laws of the Nakhichevan Autonomous Republic, Resolutions
of the Cabinet of Ministers of the Nakhichevan Autonomous
Republic; on conformity of the Resolutions of the Cabinet
of Ministers of the Nakhichevan Autonomous Republic with
the Decrees and Orders of the President of the Azerbaijan
Republic and Resolutions of the Cabinet of Ministers of
the Azerbaijan Republic.
9) on settlement of disputes connected with the division
of power between Legislative and Executive branches.
The Constitutional Court of the Azerbaijan Republic shall
give interpretation of the Constitution and the Laws of
the Azerbaijan Republic based on the inquiry on the part
of the President of the Azerbaijan Republic, the Milli Mejlis
of the Azerbaijan Republic, the Cabinet of Ministers of
the Azerbaijan Republic, General Prosecutor's Office of
the Azerbaijan Republic and All Mejlis of the Nakhichevan
Autonomous Republic. The Constitutional Court of the Azerbaijan
Republic shall perform other duties stipulated in the present
Constitution.
The Constitutional Court of the Azerbaijan Republic shall
make decisions relating to its power. Decisions of the Constitutional
Court of the Azerbaijan Republic shall be binding in the
whole territory of the Azerbaijan Republic.
The Laws and other Acts or their separate provisions, intergovernmental
Treaties of the Azerbaijan
Republic shall lose force at the time appointed in the decision
of the Constitutional Court of the Azerbaijan Republic on
their discrepancy with the Constitution of the Azerbaijan
Republic; interstate Treaties of the Azerbaijan Republic
which are recognized as not conforming to the Constitution
of the Azerbaijan Republic shall not come into effect.
Article 131. Azerbaijan Republic
Supreme Court.
The Supreme Court of the Azerbaijan
Republic shall be the highest judicial body in civil, criminal,
administrative and other cases, referred to the activity
of general courts; it shall exercise control over the activity
of general courts in the order specified by the Law, shall
give explanations on issues concerning the practice of general
courts.
Judges of the Supreme Court of the Azerbaijan Republic shall
be appointed by the Milli Mejlis of the Azerbaijan Republic
on the representation of the President of the Azerbaijan
Republic.
Article 132. Economic Court of the
Azerbaijan Republic.
The Economic Court of the Azerbaijan
Republic shall be the highest legal body on considering
economic disputes. It shall exercise control over the activity
of corresponding specialized courts in the order stipulated
by the Law.
Judges of the Economic Court of the Azerbaijan Republic
shall be appointed by the Milli Mejlis of the Azerbaijan
Republic on the representation of the President of the Azerbaijan
Republic.
Article 133. General Prosecutor's
Office of the Azerbaijan Republic.
General Prosecutor's Office of the
Azerbaijan Republic shall exercise control over accurate
and uniform execution and application of Laws; shall support
in court State prosecution; shall bring in an action; in
cases specified by the law shall institute proceedings and
hold an investigation; shall bring in objections to the
court's decisions.
General Prosecutor's Office of the Azerbaijan Republic shall
be a united centralized body consisting of territorial and
specialized Attorney Offices based on their subordination
to the General Prosecutor of the Azerbaijan Republic.
General Prosecutor of the Azerbaijan Republic shall be appointed
to and removed from holding position by the President of
the Azerbaijan Republic by consent of the Azerbaijan Republic
Milli Mejlis.
Deputies of General Prosecutor of the Azerbaijan Republic,
heads of the specialized republican Attorney Offices shall
be appointed to and removed from the position by the President
of the Azerbaijan Republic on the representation of the
General Prosecutor of the Azerbaijan Republic.
Territorial and specialized Attorneys shall be appointed
to the position by the General Prosecutor of the Azerbaijan
Republic in co-ordination with the President of the Azerbaijan
Republic.
Section IX
NAKHICHEVAN AUTONOMOUS REPUBLIC.
Article 134. Status of the Nakhichevan
Autonomous Republic.
The Nakhichevan Autonomous Republic
shall be an autonomous State forming a part of the Azerbaijan
Republic.
The status of the Nakhichevan Autonomous Republic shall
be determined by the present Constitution.
Nakhichevan Autonomous Republic shall be an inalienable
part of the Azerbaijan Republic.
The Constitution of the Azerbaijan Republic, Laws of the
Azerbaijan Republic, Decrees of the President of the Azerbaijan
Republic and Resolutions of the Cabinet of Ministers of
the Azerbaijan Republic shall be binding in the territory
of the Nakhichevan Autonomous Republic.
The Constitution and Laws of the Nakhichevan Autonomous
Republic must not contradict the
Constitution and the Laws of the Azerbaijan Republic, Resolutions
of the Cabinet of Ministers of the Nakhichevan Autonomous
Republic must not contradict the Constitution and the Laws
of the Azerbaijan Republic, the Decrees of the President
of the Azerbaijan Republic and the Resolutions of the Cabinet
of Ministers of the Azerbaijan Republic.
Article 135. Division of Power in
the Nakhichevan Autonomous Republic.
The Legislative power in the Nakhichevan
Autonomous Republic shall be executed by the All Mejlis
of the Nakhichevan Autonomous Republic, Executive power
shall be implemented by the Cabinet of Ministers of the
Nakhichevan Autonomous Republic, the Judicial power shall
be exercised by the courts of the Nakhichevan Autonomous
Republic.
Ali Mejlis of the Nakhichevan Autonomous Republic shall
independently deal with issues referred to its power by
the Constitution and the Laws of the Azerbaijan Republic;
the Cabinet of Ministers of
Nakhichevan Autonomous Republic shall independently deal
with issues referred to its power by the Constitution and
the Laws of the Azerbaijan Republic, Decrees of the President
of the Azerbaijan
Republic; the courts of the Nakhichevan Autonomous Republic
shall independently deal with issues
referred to its power by the Constitution and the Laws of
the Azerbaijan Republic.
Article 136. Highest Official of
Nakhichevan Autonomous Republic.
The Chairman of the All Mejlis of
the Nakhichevan Autonomous Republic shall be the highest
official of the Nakhichevan Autonomous Republic.
Article 137. Ali Majlis of Nakhichevan
Autonomous Republic.
Ali Mejlis of the Nakhichevan Autonomous
Republic shall consist of 45 members.
Ali Mejlis of the Nakhichevan Autonomous Republic shall
elect the Chairman of Ali Mejlis of the
Nakhichevan Autonomous Republic and its Deputies, shall
form permanent and other commissions.
The term of office for the All Mejlis members of the Nakhichevan
Autonomous Republic shall be 5 years.
The Constitution of the Nakhichevan Autonomous Republic
must not contradict the Constitution and the Laws of the
Azerbaijan Republic.
Article 138. General Rules Set Up
by All Mejlis of Nakhichevan Autonomous Republic.
The Ali Mejlis of the Nakhichevan
Autonomous Republic shall set up general rules on the following
issues:
1) elections to the Ali Mejlis of
the Nakhichevan Autonomous Republic;
2) taxes;
3) directions of economy development of the Nakhichevan
Autonomous Republic;
4) social security;
5) environment protection;
6) tourism;
7) medical care, science, culture.
The Ali Mejlis of the Nakhichevan
Autonomous Republic shall adopt Laws on issues mentioned
in this Article.
Article 139. Issues Dealed With by
Ali Mejlis of Nakhichevan Autonomous Republic.
The Ali Mejlis of the Nakhichevan
Autonomous Republic shall be dealing with the following
issues:
1) work organization of the Ali Mejlis
of the Nakhichevan Autonomous Republic;
2) budget of the Nakhichevan Autonomous Republic;
3) approval of economic and social programs of the Nakhichevan
Autonomous Republic;
4) appointment to the position and removal from the position
of the Prime Minister of the Nakhichevan Autonomous Republic;
5) approval of Cabinet of Ministers composition of the Nakhichevan
Autonomous Republic;
6) confidence in the Cabinet of Ministers of the Nakhichevan
Autonomous Republic.
The Ali Mejlis of the Nakhichevan
Autonomous Republic shall pass Resolutions on the issues
mentioned in this Article.
Article 140. Cabinet of Ministers
of Nakhichevan Autonomous Republic.
The composition of the Cabinet of
Ministers of the Nakhichevan Autonomous Republic shall be
determined by the Ali Mejlis of the Nakhichevan Autonomous
Republic on the representation of the Prime Minister of
the Nakhichevan Autonomous Republic.
The Prime Minister of the Nakhichevan Autonomous Republic
shall be appointed by the Ali Mejlis of the Nakhichevan
Autonomous Republic based on the representation of the president
of the Azerbaijan Republic.
The Cabinet of Ministers shall:
- make a budget estimates of the
Republic and shall submit it to the Ali Mejlis of the Nakhichevan
Autonomous Republic;
- realize the budget of the Autonomous Republic;
- ensure implementation of economic programs;
- ensure putting into life social security programs;
- deal with other issues attributed to its competence by
the President of the Azerbaijan Republic.
Cabinet of Ministers of the Nakhichevan
Autonomous Republic shall pass Resolutions and Orders.
Article 141. Local Executive Power
in Nakhichevan Autonomous Republic.
Heads of local Executive power in
the Nakhichevan Autonomous Republic shall be appointed by
the President of the Azerbaijan Republic on the basis of
joint representations of the Chairman of the Ali Mejlis
and the Prime Minister of the Nakhichevan Autonomous Republic.
FOURTH CHAPTER. LOCAL SELF-GOVERNMENT.
Section IX
MUNICIPALITIES.
Article 142. Organization of Local
Government.
Local government in rural areas and
towns, villages and settlements shall be exercised by municipalities.
Municipalities shall be formed by way of elections.
The system of elections to municipalities shall be determined
by the Law.
Article 143. Organization of Municipality
Work.
Municipalities shall implement their
activity via meetings, permanent and other commissions.
Municipality meetings shall be convened by the Chairman
of the Municipality.
Article 144. Municipality Power.
The following issues shall be settled
at the Municipality meetings:
1) recognition of authority of Municipality
members, termination of their authority in cases stipulated
by the Law;
2) approving regulations; forming its mechanism;
3) election of the Municipality Chairman and his Deputies,
permanent and other commissions;
4) imposing local taxes and payments;
5) approving a local budget and accounts for their use;
6) owning the municipal property, charging and using it;
7) approving and implementing local programs of social security
and social development;
8) approving and implementing local programs of economic
development;
9) approving and implementing local ecological programs.
Municipalities can be delegated by
the Legislative and the Executive power additional authority.
Municipalities must be allotted necessary financial means
for executing this authority. Realization of this authority
shall be controlled by the Legislative and Executive power.
Article 145. Municipal Decisions.
At the Municipality meetings decisions
shall be taken on considered issues.
Municipal decisions shall be taken by a simple vote majority
of Municipality members.
Decisions connected with local taxes and payments shall
be taken by a majority of two thirds of votes of Municipality
members.
Article 146. Guarantee of Municipality
Independence.
Municipalities shall be guaranteed
protection in court, compensation of additional expenses,
brought about as a result of State bodies decisions.
FIFTH CHAPTER AND LAW.
Section X
LEGISLATIVE SYSTEM.
Article 147. Validity of the Constitution
of the Azerbaijan Republic.
The Constitution of Azerbaijan Republic
shall have highest legal force in the Azerbaijan Republic.
The Constitution of the Azerbaijan Republic shall act immediately.
The Constitution of the Azerbaijan Republic shall be the
foundation of the Legislative system in the Azerbaijan Republic.
Article 148. Acts Included in Legislative
system of Azerbaijan Republic.
The Legislative system of the Azerbaijan
Republic shall consist of the following normative-legal
Acts:
1) the Constitution;
2) Acts adopted via referendum;
3) Laws;
4) Decrees;
5) Resolutions of the Cabinet of Ministers of the Azerbaijan
Republic;
6) normative Acts of central Executive bodies.
International Treaties, of which
the Azerbaijan Republic is a party, shall be inalienable
compound part of the Legislative system of the Azerbaijan
Republic.
In the Nakhichevan Autonomous Republic the Constitution
and the Laws of the Nakhichevan
Autonomous Republic, Resolutions of the Cabinet of Ministers
of the Nakhichevan Republic shall also have legal force.
Legislative system in the Nakhichevan Republic should correspond
to the Legislative system in the
Azerbaijan Republic.
Local Executive bodies within their competence can take
decisions and instructions of the normative character, other
Acts, which do not contradict Acts included in the Legislation
system.
Article 149. Normative and Legal
Acts.
Acts that have been passed via referendum
must be based on Right and Justice (on equal approach to
equal interests).
Only in case of publication of Acts, passed via referendum,
their use and implementation shall be
obligatory for citizens, Legislative, Executive and Judicial
power, juridical Persons are the Municipalities.
The Laws shall be based on Right and Justice ( equal attitude
to equal interests) and not contradict the Constitution
of the Azerbaijan Republic.
Only published Laws shall be obligatory for use and implementation
for citizens. Executive and Judicial power, juridical Persons
are the Municipalities.
Decrees must not contradict the Constitution, Laws of the
Azerbaijan Republic, the Right and Justice (equal attitude
to equal interests). Only published Decrees shall be used
and implemented for citizens.
Executive bodies, juridical Persons.
Resolutions of the Cabinet of Ministers must not contradict
the Constitution, Laws of the Azerbaijan Republic, Decrees,
the Right and Justice ( equal attitude to equal interests).
It is only when the Resolutions of the Cabinet of Ministers
of the Azerbaijan Republic are made public that their application
and realization shall be obligatory for citizens, central
and local executive bodies, juridical Persons.
Acts of central and local executive power shall not contradict
the Constitution, the Laws of the Azerbaijan Republic, Decrees,
Resolutions of the Cabinet of Ministers of the Azerbaijan
Republic, the Right and Justice ( equal approach to equal
interests).
Judicial Force of the Acts of central and local executive
bodies shall be defined by the President of the Azerbaijan
Republic.
Normative and legal Acts, improving legal status of physical
and juridical persons, removing or mitigating their legal
responsibility can have the reverse force. This must be
specified in the normative and legal Act itself. Other normative-legal
Acts shall not have the reverse force.
Article 150. Municipal Acts.
Acts passed by Municipalities shall
not contradict the Constitution and the Laws of the Azerbaijan
Republic, Decrees, Resolutions of the Cabinet of Ministers
of the Azerbaijan Republic and in the
Nakhichevan Autonomous Republic - also the Constitution
and the laws of the Nakhichevan Autonomous Republic, Resolutions
of the Cabinet of Ministers of the Nakhichevan Autonomous
Republic, the Right and Justice (equal attitude to equal
interests).
Implementation of Acts passed by the Municipality shall
be binding for citizens, living in its territory, and for
juridical Persons settled in this territory.
Article 151. Legal Force of International
Acts.
When disputes, contra lotions have
arisen between normative-legal Acts included in Legislation
system of the Azerbaijan Republic (excepting the Constitution
of the Azerbaijan Republic and the Acts, Passed via referendum)
and International Treaties, of which the Azerbaijan Republic
is a party, the latter ones shall be applied.
Section XI
CHANGES IN THE CONSTITUTION OF THE
AZERBAIJAN REPUBLIC.
Article 152. Order of Adopting Changes
in the Constitution of Azerbaijan Republic.
Changes in the text of the Constitution
of the Azerbaijan Republic shall be adopted only via referendum.
Article 153. Initiative of introducing
Changes in Constitution of Azerbaijan Republic.
If changes in the text of the Constitution
of the Azerbaijan Republic are proposed by the Milli Mejlis
of the Azerbaijan Republic or the President of the Azerbaijan
Republic, then the conclusion of the Constitutional Court
on the proposed changes must be received in advance.
Article 154. Restriction of Authority
of the Constitutional Court of the Azerbaijan Republic.
The Constitutional Court of the Azerbaijan
Republic cannot give a conclusion on the changes in the
text of the Azerbaijan Republic Constitution which are approved
via referendum.
Article 155 Restriction of Initiative
of Introducing Changes in Constitution of the Azerbaijan
Republic.
Proposals on changes in Articles
1, 2, 6, 7, 8 and on restriction of items specified in the
third Chapter of the present Constitution cannot be put
forward at the referendum.
Section XII
ADDITIONS TO THE
CONSTITUTION OF THE AZERBAIJAN REPUBLIC.
Article 156. Order of Adopting Additions
to the Constitution of the Azerbaijan Republic.
Additions to the Constitution of
the Azerbaijan Republic shall be adopted as The Constitutional
Laws in the Milli Mejlis of the Azerbaijan Republic by a
majority of 95 votes.
The Constitutional Laws of the Azerbaijan Republic on Additions
to the Constitution of the Azerbaijan Republic shall be
put to the vote at the Milli Mejlis of the Azerbaijan Republic
twice. The second voting shall be held 6 months after the
first voting.
The Constitutional Laws of the Azerbaijan Republic on Supplements
to the Constitution of the Azerbaijan Republic shall be
submitted to the President of the Azerbaijan Republic both
after the first voting and after the second voting.
The Constitutional Laws of the Azerbaijan Republic on Additions
to the Constitution of the Azerbaijan Republic shall come
into effect upon the President's signing them after the
second voting.
The Constitutional Laws of the Azerbaijan Republic shall
be part and parcel of the Constitution of the Azerbaijan
Republic and they shouldn't contradict the main text of
the Constitution of the Azerbaijan Republic.
Article 157. Initiative on Introducing
Additions to the Constitution of the Azerbaijan Republic.
Additions to the Constitution of
the Azerbaijan Republic can be put forward by the President
of the
Azerbaijan Republic or at least 63 Milli Mejlis members
of the Azerbaijan Republic.
Article 158. Restriction of Initiative
on Introducing Additions to the Constitution of the Azerbaijan
Republic
The President of the Azerbaijan Republic
or Milli Mejlis members of the Azerbaijan Republic cannot
submit proposals on Additions to the Constitution of the
Azerbaijan Republic concerning provisions
reflected in Section VI of the present Constitution.
TRANSITION PROVISIONS.
1. The Constitution of the Azerbaijan
Republic shall come into effect on the basis of national
election (referendum) on the publication day. The Constitution
( Principal Law) of the Azerbaijan Republic which was adopted
on the 21 of April, 1978 loses its force on the same day.
2. The President of the Azerbaijan Republic from the day
of adopting the present Constitution and up to completing
term of office shall perform duties determined by the present
Constitution for the President of the Azerbaijan Republic.
3. Paragraph 5 of Article 101 of the present Constitution
shall affect the President of the Azerbaijan
Republic elected after the adoption of the present Constitution,
4. Power of the Milli Mejlis composed of the people's Deputies
of the Azerbaijan Republic by the
Supreme Soviet of the Azerbaijan Republic shall expire on
the day of the first meeting of the newly
elected Milli Mejlis of the Azerbaijan Republic.
The first meeting of the newly elected
Milli Mejlis of the Azerbaijan Republic shall be held a
week after election no less than 83 Deputies of the Milli
Mejlis of the Azerbaijan Republic. The first session of
the Milli Mejlis of the Azerbaijan Republic shall last till
31 of May, 1996. Article 85 of the Azerbaijan Republic Law
"On Elections to the Milli Mejlis of the Azerbaijan
Republic" which was adopted on the 15 of August, 1995
shall be in force till the power expiration of the Milli
Mejlis of the Azerbaijan Republic of the first convocation
elected on the basis of the pointed out Law.
5. The Cabinet of Ministers from the day of passing the
present Constitution shall execute power, defined by the
present Constitution.
6. From the day of the present Constitution entering into
force the power of the local Soviets of the
people's Deputies of the Azerbaijan Republic shall expire.
Power referred to local Soviets of people's Deputies of
the Azerbaijan Republic by the Legislature of the zerbaijan
Republic shall be implemented by local bodies of Executive
Power.
7. Within 2 years after the Present Constitution has entered
into force a Law on local self-government shall be passed
and elections to municipalities shall be held.
8. Laws and other normative and legal Acts operating in
the territory of the Azerbaijan Republic since the day of
the present Constitution adoption shall remain in force
in those parts that do not contradict the present Constitution.
9. Courts of the Azerbaijan Republic shall administer justice
according to the authority and principles set up by the
present Constitution until the present Constitution enters
into force.
10. Within one year from the day of adopting the present
Constitution corresponding legislature on the status of
judges, on the structure of a court and court reform shall
be passed and judges of the Azerbaijan Republic shall be
reappointed.
Until the pointed out legislature is adopted the appointment
of judges to the position and their removal from position
shall be realized on the basis of legislature which is operative
until the present Constitution enters into force.
11. After the present Constitution of the Azerbaijan Republic
has become operative a Law of the
Azerbaijan Republic on the Constitutional Court of the Azerbaijan
Republic shall be passed and the
Constitutional Court of the Azerbaijan Republic shall be
established. Before the Constitutional Court of the Azerbaijan
Republic has been created authority of the Constitutional
Court of the Azerbaijan Republic specified by the present
Constitution shall not be implemented. The issue stipulated
in item 7 paragraph 3 of Article 130 of the present Constitution
shall be settled by the Supreme Court of the Azerbaijan
Republic.
12. Since the present Constitution becoming effective the
highest Arbitrary Court of the Azerbaijan
Republic shall be titled the Economic Court of the Azerbaijan
Republic and shall exercise power stipulated by the effective
Legislature.
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