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.
THE
CONSTITUTION OF THE AZERBAIJAN REPUBLICContinuing
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. .
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
Person’s guilt, it shall not be permitted to bring in a verdict of guilty
with respect to the Person. A Person who is charged with 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.
|