Prepared by the Commission
for draft preparation of new Constitution of the Azerbaijan Republic under
chairmanship of President of the Azerbaijan Republic Heydar Aliyev,
adopted on 12 of November 1995 by the Referendum of the Azerbaijan
Republic. Came into force since 27 of November 1995.
Continuing the centuries-long statehood
traditions, taking as a basis the principles expressed in the Constitution
act "On the State Independence of the Azerbaijan Republic", desiring to
provide osperity and welfare of the whole society and each individual,
wishing to establish freedom and security, understanding the responsibility
before the past, present and future generations, using the right of its
sovereignty declares solemnly its following intentions:
-to protect the independence, sovereignty
and territorial integrity of the Azerbaijan Republic;
- to provide a democratic system within
the frames of the Constitution;
- to achieve the establishment of a civil
society;
- to build a law-based, secular state
to provide the command of law as an expression of the will of the nation;
-to provide a worthy life level for everybody
in conformity with just economic and social order;
-to remain faithful to universal human
values, to live in peace and freedom with all the nations of the world
and co-operate with them for this purpose.
Having in mind the above-enumerated sincere
intentions the Present Constitution is adopted through the general poll
of population referendum.
FIRST CHAPTER
GENERAL PROVISIONS
Section I
PEOPLE'S POWER.
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.
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