Article 1. The purpose of the law

The present law regulates public relations arising in connection with the legal status of foreigners and stateless persons.

Article 2. Principle concepts

Foreigners - persons who are not citizens of the Azerbaijan Republic and are citizens of other countries.

Stateless persons - persons who are neither citizens of the Azerbaijan Republic nor citizens of other countries.

Foreigners and stateless persons are considered permanent residents of the Azerbaijan Republic in case of receipt, in accordance with the established order, of permission for permanent presence in the Azerbaijan Republic or of the right to permanent residence in the Azerbaijan Republic.

Foreigners and stateless persons arriving in the Azerbaijan Republic according to another legal basis (tourism; arriving in connection with private business; sending on a business mission; and other analogous cases of a temporary nature) are considered temporarily residing in the Azerbaijan Republic.

Emigrants - foreigners or stateless persons leaving their countries for a long time on that or other reasons and arriving in the Azerbaijan Republic for residence.

Article 3. Legislation on the legal status of foreigners and stateless persons

The legal status of foreigners and stateless persons is defined by the Constitution of the Azerbaijan Republic, the present law, the Law of the Azerbaijan Republic "On Exit, Entrance and Passports," other legislative acts of the Azerbaijan Republic adopted in accordance with these laws, and international treaties to which the Azerbaijan Republic is party.

Article 4. Principles of the legal status of foreigners and stateless persons

Foreigners and stateless persons are entitled to all the same rights and freedoms as, and perform all duties on an equal basis with, the citizens of the Azerbaijan Republic, unless otherwise qualified by the Constitution of the Azerbaijan Republic, by the present law, by other legislative acts of the Azerbaijan Republic, or by international treaties to which the Azerbaijan Republic is party.

The realization of rights and freedoms of foreigners and stateless persons would not contradict national interests of the Azerbaijan Republic. Foreigners and stateless persons would observe requirements of the Constitution of the Azerbaijan Republic, laws and other legislative acts of the Azerbaijan Republic and respect customs and traditions of the Azerbaijan people.

If a foreign country restricts the realization of rights and freedoms of citizens of the Azerbaijan Republic on its territory, adequate restrictions could be established by law of the Azerbaijan Republic for citizens of this country on the territory of the Azerbaijan Republic. Such law is abrogated once the causes that were the grounds for its adoption no longer exist.

Foreigners and stateless persons are equal before the Law and Court of the Azerbaijan Republic, regardless of their social status, property status, racial and national group, sex, language, religion, type and nature of business and other circumstances.

Rights and freedoms of foreigners and stateless persons on the territory of the Azerbaijan Republic can be restricted only according to the order established by Part 2 of Article 69 of the Constitution of the Azerbaijan Republic.

Article 5. Emigration and temporary presence of foreigners and stateless persons on the territory of the Azerbaijan Republic

Foreigners and stateless persons may arrive in the Azerbaijan Republic for permanent residence or for work for a definite time and may also temporarily be on its territory according to the order established by the legislation of the Azerbaijan Republic.

Foreigners and stateless persons may obtain permission for emigration and arrive on the territory of the Azerbaijan Republic for permanent residence in the following cases:

- close blood ties with citizens of the Azerbaijan Republic;

- marriage with a person who permanently lives in the Azerbaijan Republic;

- other cases, provided by legislation of the Azerbaijan Republic.

Foreigners and stateless persons arriving for permanent residence or temporary work are provided with appropriate documents according to the order established by legislation of the Azerbaijan Republic.

Foreigners and stateless persons on the territory of the Azerbaijan Republic in accordance with other legal grounds are considered temporarily residing in the Azerbaijan Republic.

Foreigners and stateless persons temporarily residing in the Azerbaijan Republic would be registered according to the order established by the legislation; on expiring the time established for them, they must leave the Azerbaijan Republic.

Article 6. Providing political refuge

In accordance with the Constitution of the Azerbaijan Republic, the Azerbaijan Republic provides political refuge to foreigners and stateless persons.

Article 7. Providing refugee status

Foreigners and stateless persons can be provided with the status of refugee according to the Law of the Azerbaijan Republic "On the Status of Refugees and Forced Migrants" and international treaties to which the Azerbaijan Republic is party.

Article 8. Acceptance of citizenship of the Azerbaijan Republic

Foreigners and stateless persons can obtain citizenship of the Azerbaijan Republic according to the order established by the Constitution of the Azerbaijan Republic "On Citizenship of the Azerbaijan Republic".

Article 9. Right to inviolability

Foreigners and stateless persons on the territory of the Azerbaijan Republic have the rights to personal inviolability and housing inviolability in accordance with the Constitution of the Azerbaijan Republic and other legislative acts of the Azerbaijan Republic.

Foreigners and stateless persons arrested according to the order established by laws of the Azerbaijan Republic will immediately be informed of the circumstances that caused these actions and of their rights.

A body or an official who arrests a foreigner or a stateless person who is temporarily on the territory of the Azerbaijan Republic must immediately inform the Ministry of Foreign Affairs of the Azerbaijan Republic.

Article 10. Right of foreigners and stateless persons to move and select residence on the territory of the Azerbaijan Republic

Foreigners and stateless persons may move and select place of residence on the territory of the Azerbaijan Republic according to the order established by the law of the Azerbaijan Republic.

Restrictions on movement and selection of residence are permitted only according to the order established by legislation of the Azerbaijan Republic.

Article 11. Right to work

Foreigners and stateless persons in labour relations have analogous rights and bear analogous duties to those of citizens of the Azerbaijan Republic, unless otherwise qualified by legislation of the Azerbaijan Republic and international treaties to which the Azerbaijan Republic is party.

Foreigners and stateless persons arriving in the Azerbaijan Republic for labour activity for a definite time may deal with labour activity according to the established order.

In cases in which occupation of specific positions and types of activity requires citizenship of the Azerbaijan Republic, foreigners and stateless persons may not occupy such positions nor deal with such business.

Article 12. Right to investment and entrepreneur activity

Foreigners and stateless persons may deal with investment and entrepreneur activity according to the order established by legislation of the Azerbaijan Republic. In that case, they have rights and duties established for citizens of the Azerbaijan Republic, unless otherwise qualified by legislation of the Azerbaijan Republic.

Article 13. Right to marriage and family relations

Foreigners and stateless persons have the rights to marry citizens of the Azerbaijan Republic and other persons and to dissolve a marriage.

Foreigners and stateless persons in marital and family relations have rights and duties on equal grounds with the citizens of the Azerbaijan Republic.

Article 14. Right to rest

Foreigners and stateless persons have the right to rest on equal grounds with the citizens of the Azerbaijan Republic.

Article 15. Right to protect health

Foreigners and stateless persons have the right to protect health according to the order established by legislation of the Azerbaijan Republic and international treaties to which the Azerbaijan Republic is party.

Article 16. Right to social security

Foreigners and stateless persons have the right to social security according to the order established by legislation of the Azerbaijan Republic and international treaties to which the Azerbaijan Republic is party.

If a record of service is required to determine a pension according to legislation of the Azerbaijan Republic or international treaties to which the Azerbaijan Republic is party, work of foreigners and stateless persons abroad may be included in such a record.

Article 17. Right to lodging

Foreigners and stateless persons permanently residing in the Azerbaijan Republic, have a right to get lodging from state department and public funds according to the order established for citizens of the Azerbaijan Republic, unless otherwise qualified by legislation of the Azerbaijan Republic.

Article 18. The freedom of conscience

Foreigners and stateless persons are ensured with the freedom of conscience equal to that of citizens of the Azerbaijan Republic.

Foreigners and stateless persons are forbidden to carry out religious propaganda.

Article 19. Right to education

Foreigners and stateless persons permanently residing in the Azerbaijan Republic have the right to get education on equal grounds with the citizens of Azerbaijan Republic. For other foreigners and stateless persons, education is paid, unless otherwise qualified by laws of the Azerbaijan Republic or international treaties to which the Azerbaijan Republic is party.

Article 20. Right to take part in public unions

Foreigners and stateless persons permanently residing in the Azerbaijan Republic have rights to enter in public unions on equal grounds with the citizens of the Azerbaijan Republic, unless otherwise qualified by laws of the Azerbaijan Republic and by a Charter of relevant unions.

Foreigners and stateless persons may not be members of political parties of the Azerbaijan Republic.

Article 21. Participation in elections and national voting (referendums)

Foreigners and stateless persons may not take part in elections in bodies of state power and local government, nor be elected in these bodies, nor take part in national voting (referendums).

Article 22. Attitude to military service

Foreigners and stateless persons do not bear military service.

Article 23. Tax and customs levy from foreigners and stateless persons

Tax and Customs Levy from foreigners and stateless persons is fulfilled on the grounds of laws of the Azerbaijan Republic and international treaties to which the Azerbaijan Republic is party.

Article 24. Principles of responsibility of foreigners and stateless persons

Foreigners and stateless persons who commit criminal, administrative or other delinquencies bear a responsibility according to the order established by legislation of the Azerbaijan Republic.

Article 25. Responsibility for infringement of the rules of presence on and transit through the territory of the Azerbaijan Republic.

When foreigners and stateless persons commit the following infringements of presence on the territory of the Azerbaijan Republic, they bear a responsibility according to the order established by legislation of the Azerbaijan Republic:

Foreigners or stateless persons who infringe requirements of legislation of the Azerbaijan Republic may have the term of their presence on the territory of the Azerbaijan Republic reduced.

Resolutions on reduction of the term of presence of foreigners and stateless persons in the Azerbaijan Republic are adopted by relevant state bodies.

Article 27. Expelling foreigners and stateless persons from the Azerbaijan Republic

When there is a necessity to ensure national security or protect public order, health, rights and interests of the population and when there is a rough infringement of requirements of legislation of the Azerbaijan Republic on the legal status of foreigners and stateless persons, foreigners and stateless persons may be expelled from the Azerbaijan Republic for one to seven days on the basis of resolution of the relevant state body.

Expelling foreigners and stateless persons from the Azerbaijan Republic is fulfilled according to the order established by the Code of the Azerbaijan Republic "On Administrative Delinquencies."

Foreigners and stateless persons must leave the territory of the Azerbaijan Republic in a term established by a resolution on expelling from the Azerbaijan Republic. A foreigner or stateless person who refuses to leave the territory of the Azerbaijan Republic is arrested on the basis of a sanction of the Public Procurator General of the Azerbaijan Republic and Public Procurator of the Nakhchivan Autonomous Republic and in a compulsory order is expelled from the Azerbaijan Republic.

Resolution on expelling foreigners and stateless persons from the Azerbaijan Republic may be appealed in Court. An appeal doesn’t suspend execution of the resolution.

Article 28. International treaties

If an international treaty to which the Azerbaijan Republic is party establishes an order differing from the order established by the present law, the order of the international treaty is used.

Article 29. Use of the law in regard to persons having diplomatic immunity and privileges

The present law does not affect the rights of persons with diplomatic immunity and privileges on the basis of laws of the Azerbaijan Republic and international treaties to which the Azerbaijan Republic is party.

Heydar Aliev
President of the Azerbaijan Republic
Baku
March 13, 1996