Constitution of Azerbaijan

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  • Country: Azerbaijan
  • Language: English
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Constitution of the Azerbaijan Republic
The people of Azerbaijan, continuing their centuries-long tradition of statehood,
governed by the principles espoused in the Constitutional Act «On the State
Independence of the Azerbaijan Republic» desi rous of securing prosperity for society as
a whole and for each individual, wishing to inculcate justice, freedom and security,
recognizing their responsibility before past, present and future generations and exercising
their sovereign rights, hereby solemn ly declare the following intentions:
ƒ to protect the independence, sovereignty a nd territorial integrity of the Azerbaijan
Republic;
ƒ to guarantee a democratic system within the framework of the Constitution;
ƒ to achieve the establishment of a civil society;
ƒ to build a law-based, secular State where the supremacy of law as an expression
of the will of the people is guaranteed;
ƒ to provide a worthy standard of living for all people in conformity with a just
economic and social order;
ƒ to remain faithful to universal human values, to live in peace, friendship and
security with other nations, and towards th is end, to cooperate with these nations
for mutual benefit.
In the name of these worthy ideals, this C onstitution is hereby adopted by popular vote.
First Section. General
Chapter I. People’s power
Article 1. The source of power
I. The sole source of state power in the Azer baijan Republic are the people of Azerbaijan.
II. People of Azerbaijan are citizens of the Azerbaijan Repub lic living on the territory of
the Azerbaijan Republic and outside it who are subordinate to the Azerbaijan state and its
laws which does not exclude standa rds of international legislation.
Article 2. Sovereignty of people
I. Sovereign right of the Azerbaijanian pe ople is the right of free and independent
determination of their destiny and establis hment of their own form of governance.
II. The people of Azerbaijan exercise their sovereign right directly—by way of nation-
wide voting—referendum, and through their representatives elected based on universal,
equal and direct suffrage by way of free, secret and personal ballot.

Article 3. Questions solved by way of nation-wide voting—referendum
I. People of Azerbaijan may solve any questions involving their rights and interests by
way of referendum.
II. The following questions may be solved only by way of referendum:
1) acceptance of the Constitution of the A zerbaijan Republic and introduction of
amendments thereto;
2) change of state borders of the Azerbaijan Republic.
III. The following questions cannot be solved by way of referendum:
1) taxes and state budget;
2) amnesty and grant of pardon;
3) election, appointment of officials or appointment confirmation, election,
appointment or appointment confirmation of which is respectively regarded as a
power of legislative and/or executive power bodies.
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Article 4. Right to represent the people
No one except authorized representatives elected by the people will have the right to
represent the people, speak on behalf of people and to make statements on behalf of
people.
Article 5. Unity of people
I. The people of Azerbaijan are united.
II. Unity of the Azerbaijanian people constitu tes the basis of the Azerbaijanian state.
Azerbaijan Republic is mutu al and indivisible motherland for all citizens of the
Azerbaijan Republic.
Article 6. Inadmissibility of usurpation of power
I. No part of people of Azerbaijan, no so cial group or organization, no individual may
usurp the right for execution of power.
II. Usurpation of power is the most grave crime against the people.
Chapter II. Basis of state
Article 7. Azerbaijanian state
I. Azerbaijanian state is democratic, legal, secular, unitary republic.
II. In terms of internal problems state power in the Azerbaijan Republic is limited only by
law, in terms of foreign po licy—by provisions resulting from international agreements,
wherein the Azerbaijan Republic is one of the parties.

III. State power in the Azerbaijan Republic is based on a principle of division of powers:
• Milli Majlis of the Azerbaijan Repub lic exercises legislative power;
• executive power belongs to the President of the Azer baijan Republic;
• law courts of the Azerbaijan Repub lic exercise judicial power.
IV. According to provisions of the present Cons titution legislative, executive and judicial
power interact and are independent w ithin the limits of their authority.
Article 8. The Head of the Azerbaijanian state
I. The President of the Azerbaijan Republic is the Head of the Azerbaijanian state. He
represents Azerbaijanian state both within th e country and in its relations with foreign
countries.
II. The President of the Azerbaijan Republic represents unity of Azerbaijanian people and
provides continuity of th e Azerbaijanian statehood.
III. The President of the Azerbaijan Republic is guarantor of independence and territorial
integrity of the Azerbaijanian state, observan ce of international agreements wherein the
Azerbaijan Republic is one of the parties.
IV. The President of the Azerbaijan Republic is guarantor of independence of judicial
power.
Article 9. Military forces
I. In order to provide its safety and defend itself the Azerbaijan Republic establishes
Military forces and other military troops
II. The Azerbaijan Republic rejects a war as a means of infringement on independence of
other states and way of settleme nt of international conflicts.
III. The President of the Azerbaijan Republic is the Supreme Commander-in-Chief of
Military Forces of the Azerbaijan Republic.
Article 10. Principles of international relations
Azerbaijan Republic develops its relations with other countries based on principles
recognized in international legal standards.
Article 11. Territory
I. The territory of the Azer baijan Republic is sole, inviolable and indivisible.
II. Internal waters of the A zerbaijan Republic, sector of th e Caspian Sea (lake) belonging
to the Azerbaijan Republic, air space over the Azerbaijan Republic are integral parts of
the territory of the Azerbaijan Republic.
III. No part of territory of the Azerbaijan Republic may be estranged. The Azerbaijan
Republic will not give any part of its territory to anybody; state borders of the Azerbaijan

Republic might be changed only by free decision of its peoples made by way of
referendum declared by Milli Majl is of the Azerbaijan Republic.
Article 12. The highest priority objective of the state
I. The highest priority objective of the state is to provide rights and liberties of a person
and citizen.
II. Rights and liberties of a person and citizen listed in the present Constitution are
implemented in accordance with international treaties wherein the Azerbaijan Republic is
one of the parties.
Article 13. Property
I. The property in the Azerbaijan Republic is inviolable and is protected by state.
II. The property may be state, private and municipal.
III. The property may not be used for restri ction of rights and liberties of a person and
citizen, interests of society a nd state, dignity of a person.
Article 14. Natural resources
Without prejudice to rights and interests of any physical persons and legal entities natural
resources belong to the Azerbaijan Republic.
Article 15. Economic development and state
I. Development of economy based on various forms of property in the Azerbaijan
Republic is aimed to prosperity of people.
II. Based on market relationships the Azerbaijanian state creates conditions for
development of economy, guarantees free business activity, prevents monopoly and
unfair competition in economic relations.
Article 16. Social development and state
I. Azerbaijanian state takes care about improvement of pr osperity of all people and each
citizen, their social protecti on and proper living conditions.
II. Azerbaijanian state particip ates in development of culture, education, public health,
science, arts, protects environment, historical, material and spiritual heritage of people.
Article 17. Family and state
I. Family as a basic element of society is under special protection of the state.
II. Parents must take care of their children and their education. The state controls
implementation of this responsibility.
Article 18. Religion and state

I. Religion in the Azerbaijan Republic is separated from state. All religions are equal
before the law.
II. Spreading and propaganda of religions humiliating people’ dignity and contradicting
the principles of humanism are prohibited.
III. State educational system is secular
Article 19. Monetary unit
I. Monetary unit of the Azerbaijan Republic is manat.
II. Only National Bank has the right of introducing money into circulation and
withdrawal them from circul ation. National Bank of the Azerbaijan Republic belongs
exclusively to the state.
III. Use of other monetary units, besides manat, on the territory of the Azerbaijan
Republic is prohibited.
Article 20. Restrictions concerning state debts
Debts made with intention of assisting in revolts against the Azerbaijanian state or coup
shall not be accepted by the Azerbaijan Republic as liabilities and paid.
Article 21. Official language
I. Azerbaijanian language is official langua ge of the Azerbaijan Republic. Azerbaijan
Republic provides development of the Azerbaijanian language.
II. Azerbaijan Republic ensures free use and development of other languages spoken by
the people.
Article 22. Capital
Baku is the capital of the Azerbaijan Republic.
Article 23. Symbols of the Azerbaijanian state
I. State flag of the Azerbaijan Republic, St ate Emblem of the Azerbaijan Republic and
State hymn of the Azerbaijan Republic are st ate symbols of the Azerbaijan Republic.
State flag of the Azerbaijan Republic consists of three horizontal stripes of same width.
Upper stripe is blue, middle st ripe is red, and the lower one is green; in the middle of red
stripe on both sides of the flag white crescent with eight-pointed star are depicted. Width
of the flag constitutes half of its length
III. Appearance of state flag of the Azer baijan Republic and State Emblem of the
Azerbaijan Republic, music and text of St ate hymn of the Azerbaijan Republic are
specified by Constitutional Law of the Azerbaijan Republic.

Second section. Basic rights, liberties and
responsibilities
Chapter III. Basic rights and lib erties of a person and citizen
Article 24. Main principle of rights and liberties of a person and citizen
I. Everyone, from the moment when they are born possess inviolab le and inalienable
rights and liberties.
II. Rights and liberties envisa ge also responsibility and obligations of everyone to the
society and other persons.
Article 25. Right for equality
I. All people are equal with respect to the law and law court.
II. Men and women possess equal rights and liberties.
III. The state guarantees equality of rights a nd liberties of everyone, irrespective of race,
nationality, religion, language, sex, origin, financial pos ition, occupation, political
convictions, membership in political parties, trade unions and other public organizations.
Rights and liberties of a person, citizen cannot be restricted due to race, nationality,
religion, language, sex, origin, convic tion, political and social belonging.
Article 26. Protection of rights and liberties of a person and citizen
I. Everyone has the right to protect his/her rights and liberties using means and methods
not prohibited by law.
II. The state guarantees protection of rights and liberties of all people.
Article 27. Right for life
I. Everyone has the right for life.
II. Except extermination of enemy soldiers in a case of military aggression, when
executing the sentence and in ot her cases envisaged by law, right of every person for life
is inviolable.
III. Death penalty, until it is completely annulle d, may be applied legally only in cases of
especially grave crime against the stat e, life and health of a human being.
IV. Arms shall not be used against human beings except cases of necessary defence,
urgent situations, whenever a criminal s hould be caught, to prevent a prisoner from
running away, to prevent revolt against the state or coup.
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Article 28. Right for freedom
I. Everyone has the right for freedom.

II. Right for freedom might be restricted only as specified by law, by way of detention,
arrest or imprisonment.
III. Everyone legally being on the territory of the Azerbaijan Republic may travel without
restrictions, choose the place of residence and travel abroad.
IV. Any citizen of the Azerba ijan Republic has the right to return to his/her country
whenever he/she so desires.
Article 29. Ownership right
I. Everyone has the right to own property.
II. Neither kind of property has priority. Ownership right including right for private
owners is protected by law.
III. Everyone might possess movable and real pr operty. Right of ownership envisages the
right of owner to possess, use and dispose of the property himself/herself or jointly with
others.
IV. Nobody shall be deprived of his/her prope rty without decision of law court. Total
confiscation of the property is not permitted. Alienation of the property for state or public
needs is permitted only after preliminary fair reimbursement of its cost.
V. The state guarantees succession rights.
Article 30. Right for intellectual property
I. Everyone has the right fo r intellectual property.
II. Copyright, patent rights a nd other rights for intellectual pr operty are protected by law.
Article 31. Right to live in safety
I. Everyone has the right to live in safety.
II. Except cases envisaged by law it is prohibi ted to infringe on anybody’s life, physical
and spiritual health, property, living premises, to commit acts of violence.
Article 32. Right for personal immunity
I. Everyone has the right for personal immunity.
II. Everyone has the right for confidentiality concerning personal and family life. Except
cases envisaged by legislation interference in personal life is prohibited.
III. Gaining, storing, use and spreading inform ation about the person private life without
his/her consent is not permitted.
IV. The state guarantees everyone the righ t for confidentiality with respect to
correspondence, telephone communications, pos t, telegraph messages and information

sent by other communication means. This right might be restricted, as specified by
legislation, to prevent crime or to find out true facts when investigating criminal case.
Article 33. Right fo r sanctity of home
I. Everyone has the right for sanctity of his/her home.
II. Except cases specified by law or decision of law court nobody has the right to enter
private home against the will of its inhabitants.
Article 34. Right for marriage
I. Everyone has the right to marry on r eaching the age specified by legislation.
II. Marriages shall be concluded voluntaril y. Nobody should be forced into marriage.
III. Family and marriage are protected by st ate. Maternity, paternity and childhood are
protected by the law. The state provides support to large families.
IV. Rights of wife and husband are equal. Care and education of children constitute both
right and responsibility of parents.
V. Responsibility of children is to respect parents, look after them. Children who are of
age (18) and capable of working must support disabled parents.
Article 35. Right to work
I. Labor is the basis of personal and public prosperity.
II. Everyone has the right to choose indepe ndently, based on his/her abilities, kind of
activity, profession, occupation and place of work.
III. Nobody might be forced to work.
IV. Labor agreements are concluded volunt arily. Nobody may be forced to conclude
labor agreement.
V. Based on decisions of the law court there might be cases of forced labor, terms and
conditions being specified by legislation; for ced labor is permissible due to orders of
authorized persons during the te rm of army service, state of emergency or martial law.
VI. Everyone has the right to work in safe and healthy conditions, to get remuneration for
his/her work without any discrimination, not less than minimum wages rate established
by the state.
VII. Unemployed persons have the right to r eceive social allowances from the state.
VIII. The state will do its best to liquidate unemployment.
Article 36. Right for strikes
I. Everyone has the right to be on strike, both individually and together with others.

II. Right for strike for those working based on labor agreements might be restricted only
in cases envisaged by the law. Soldiers a nd civilians employed in the Army and other
military formations of the Azerbaijan Republic have no right to go on strike.
III. Individual and collective labor disputes are settled in line with legislation.
Article 37. Right for rest
I. Everyone has the right for rest.
II. For those working based on labor agreements 8-hour working day, national holidays
and at least one paid vacation with duration of at least 21 calendar days are guaranteed.
Article 38. Right fo r social protection
I. Everyone has the right for social protection.
II. Most vulnerable persons must get support, in the first place, from members of their
families.
III. Everyone has the right for social protec tion on reaching specific age according to
legislation, in case of illness, disability, loss of bread-winner in the family, due to
unemployment and in other cas es envisaged by legislation.
IV. Minimum sum of pensions and soci al allowances is specified by law.
V. The state creates possibilities for development of charita ble activity, voluntary social
insurance and other forms of social protection.
Article 39. Right to live in healthy environment
I. Everyone has the right to live in healthy environment.
II. Everyone has the right to gain informati on about true ecological situation and to get
compensation for damage done to his/her hea lth and property because of violation of
ecological requirements.
Article 40. Right for culture
I. Everyone has the right to take part in cult ural life, to use organizations and values of
culture.
II. Everyone must respect histor ical, cultural and spiritual inheritance, take care of it,
protect historical and cultural memorials.
Article 41. Right for protection of health
I. Everyone has the right for protection of his/her health and for medical care.
II. The state takes all necessary measures for development of all forms of health services
based on various forms of property, guarantees sanitary-epidemiological safety, creates
possibilities for various form s of medical insurance.

III. Officials concealing facts and cases dangerous for life and health of people will bear
legal responsibility.
Article 42. Right for education
I. Every citizen has the right for education.
II. The state guarantees free obl igatory secondary education.
III. The system of education is under the state control.
IV. The state guarantees continua tion of education for most gifted persons irrespective of
their financial position.
V. The state establishes minimum educational standards.
Article 43. Right for home
I. Nobody might be deprived of his/her home.
II. The state assists in construction of liv ing premises, takes special measures for
realization of right for home.
Article 44. Right for nationality
I. Everyone has the right to keep his/her nationality.
II. Nobody may be forced to change his/her nationality.
Article 45. Right to use mother tongue
I. Everyone has the right to use his/her mo ther tongue. Everyone has the right to be
educated, carry out creative activ ity in any language, as desired.
II. Nobody may be deprived of right to use his/her mother tongue.
Article 46. Right to defend the honor and dignity
I. Everyone has the right to defend his/her honor and dignity.
II. Dignity of a person is protected by state. Nothing must lead to humiliation of dignity
of human being.
III. Nobody must be subject to tortures and torment, treatment or punishment humiliating
the dignity of human beings. Medical, scie ntific and other experiments must not be
carried out on any person without his/her consent.
Article 47. Freedom of thought and speech
I. Everyone may enjoy freedom of thought and speech.

II. Nobody should be forced to promulgate his/her thoughts and convictions or to
renounce his/her thoughts and convictions.
III. Propaganda provoking racial, national, religious and social discord and animosity is
prohibited.
Article 48. Freedom of conscience
I. Everyone enjoys the freedom of conscience.
II. Everyone has the right to define his/her att itude to religion, to profess, individually or
together with others, any religion or to profess no religion, to express and spread one’s
beliefs concerning religion.
III. Everyone is free to carry out religious ri tuals, however this should not violate public
order and contradict public morals.
IV. Religious beliefs and convictions do not excuse infringements of the law.
Article 49. Freedom of meetings
I. Everyone has the right for meetings.
II. Everyone has the right, having notified respective governmental bodies in advance,
peacefully and without arms, meet with other people, organize meetings, demonstrations,
processions, place pickets.
Article 50. Freedom of information
I. Everyone is free to look for, acquire, transfer, prepare and distribute information.
II. Freedom of mass media is guaranteed. State censorship in mass media, including press
is prohibited.
Article 51. Freedom of creative activity
I. Everyone is free to carry out creative activity.
II. The state guarantees freedom in literary-ar tistic, scientific-technical and other kinds of
creative activity.
Article 52. Right for citizenship
A person having political and legal relations with the Azerbaijan Republic and also
mutual rights and obligations is the citizen of the Azer baijan Republic. A person born on
the territory of the Azerbaija n Republic or by citizens of the Azerbaijan Republic is the
citizen of the Azerbaijan Republic. A person is the citizen of the Azerbaijan Republic if
one of his/her parents is the ci tizen of the Azerbaijan Republic.
Article 53. Guarantee of right for citizenship

I. In no circumstances a citizen of the Azerbaijan Republic may be deprived of
citizenship of the Azerbaijan Republic.
II. In no circumstances a citizen of the A zerbaijan Republic may be expelled from the
Azerbaijan Republic or extr adited to foreign state.
II. The Azerbaijan Republic ensures legal protection and patronizes citizens of the
Azerbaijan Republic temporarily or pe rmanently living outside the Republic.
Article 54. Right to take part in political life of society and state
I. Citizens of the Azerbaijan Repub lic have the right to take part in political life of society
and state without restrictions.
II. Any citizen of the Azerbaijan Republic has the right himself to stand up to the attempt
of rebellion against th e state or state coup.
Article 55. Right to take part in governing the state
I. Citizens of the Azerbaijan Republic have the right to take part in governing the state.
They may exercise said right themselv es or through their representatives.
II. Citizens of the Azerbaijan Republic have the right to work in governmental bodies.
Officials of state bodies are appointed from citizens of the Azerbaijan Republic. Foreign
citizens and stateless citizens may be employed into state organizations in an established
order.
Article 56. El ectoral right
I. Citizens of the Azerbaijan Republic have th e right to elect and be elected to state
bodies and also to take part in referendum.
II. Those recognized incapable by law court have no right to take part in elections and in
referendum.
III. Participation in elections of military personnel, judges, state employees, religious
officials, persons imprisoned by decision of law court, other persons specified in the
present Constitution and laws might be restricted by law.
Article 57. Right to appeal
I. Citizens of the Azerbaijan Republic have th e right to appeal personally and also to
submit individual and collective written applications to state bodies. Each application
should be responded to in an established order and term.
II. Citizens of the Azerbaijan Republic have the right to criticize activity or work of state
bodies, their officials, political parties, trade unions, other public organizations and also
activity or work of individuals. Prosecution for criticism is prohibited. Insult or libel shall
not be regarded as criticism.
Article 58. Right for joining

I. Everyone is free to join other people.
II. Everyone has the right to establish any union, including political party, trade union
and other public organization or enter existi ng organizations. Unrestricted activity of all
unions is ensured.
III. Nobody may be forced to joint any union or remain its member.
IV. Activity of unions intended for forcible overthrow of legal state power on the whole
territory of the Azerbaijan Republic or on a pa rt thereof is prohibited. Activity of unions
which violates the Constitution and laws mi ght be stopped by decision of law court.
Article 59. Right for business activity
Everyone may, using his/her possibilities, ab ilities and property, according to existing
legislation, individually or toge ther with other citizens, carry out business activity or
other kinds of economic activity not prohibited by the law.
Article 60. Guarantee of right s and liberties by law court
I. Legal protection of rights and li berties of every citizen is ensured.
II. Everyone may appeal to law court regard ing decisions and activity (or inactivity) of
state bodies, political parties, trade unions , other public organizations and officials.
Article 61. Right for legal advice
I. Everyone has the right for obt aining qualified legal advice.
II. In specific cases envisaged by legislation legal advice shal l be rendered free, at the
governmental expense.
III. Every citizen has the right for the lawy er’s advice from the moment of detention,
arrest or accusation with cr ime by competent state bodies.
Article 62. Inadmissibility of change of legal jurisdiction
Everyone has the right for consideration of hi s/her case in the law court specified by the
legislation. Case of the person shall not be considered in other law court without the
person’s consent.
Article 63. Presump tion of innocence
I. Everyone is entitled for presumption of innocence. Everyone who is accused of crime
shall be considered innocent until his guilt is pr oved legally and if no verdict of law court
has been brought into force.
II. A person under suspicion of crim e must not be considered guilty.
III. A person accused of crime does not need to prove his/her innocence.
IV. Proofs received against the law must not be used when administering justice.

V. Nobody may be accused of crime without the verdict of law court.
Article 64. Inadmissibility of repeated conviction for one and the same crime
Nobody may be repeatedly sentenced for one and the same crime.
Article 65. Right for repeated appeal to the law court
Every person convicted by the law court has th e right to appeal, as specified by the law,
to the higher law court asking for reconsidera tion of the verdict and also for pardon and
mitigation of the sentence.
Article 66. Inadmissibility of testifying against relations
Nobody may be forced to testify against him/he rself, wife (husband), children, parents,
brother, sister. Complete list of relations against whom testifying is not obligatory is
specified by law.
Article 67. Rights of detained , arrested, accused in crime
Every person, detained, arrested, accused in crime should be immediately advised by
competent state bodies about his/her rights, reasons of his arrest and institution of
criminal proceeding against him/her.
Article 68. Right for compensation of losses
I. Rights of the person suffered from crim e and also from usurpation of power are
protected by law. Suffered person has the right to take part in administration of justice
and demand for compensation of losses.
II. Everyone has the right for compensation by th e state of losses borne as a result of
illegal actions or non-action of st ate bodies or their officials.
Article 69. Right of foreign citizens and stateless persons
I. Foreign citizens and stateless persons staying in the Azerbaijan Republic may enjoy all
rights and must fulfil all obligations like citizens of the Azerbaijan Republic if not
specified by legislation or international agr eement in which the Azerbaijan Republic is
one of the parties.
II. Rights and liberties of foreign citizens and stateless persons permanently living or
temporarily staying on the territory of the Azerbaijan Republic may be restricted only
according to international le gal standards and laws of the Azerbaijan Republic.
Article 70. Right for political refuge
I. In accordance with recognized international legal standa rds the Azerbaijan Republic
grants political refuge to foreign citizens and stateless persons.
II. Extradition of persons persecuted for their political beliefs and also for acts which are
not regarded as crime in the Azerbaijan Republic is not permitted.

Article 71. Protection of rights and liberties of a human being and citizen
I. To observe and to protect rights and liberties of a human being and citizen specified in
the Constitution—is responsibility of bodies of legislative, executive and legal power.
II. No one may restrict implementation of rights and liberties of a human being and
citizen.
III. Rights and liberties of a human being a nd citizen may be partially and temporarily
restricted on announcement of war, martia l law and state of emergency, and also
mobilization, taking into consideration inte rnational obligations of the Azerbaijan
Republic. Population of the Republic shall be notified in advance a bout restrictions as
regards their rights and liberties.
IV. Nobody, in no circumstances may be forced to promulgate his/her religious and other
beliefs, thoughts and to be persecuted for such.
V. None of the provisions of Constitution may be interpreted as regulation directed to
prohibition of rights and liberties of a human being and citizen.
VI. Rights and liberties of a human being and citizen ac t on the territory of the
Azerbaijan Republic by themselves.
VII. Any arguments related to violation of rights and liberties of a human being and
citizen are settled in law courts.
VIII. No one will be responsible for acts wh ich were not considered criminal at the
moment of their implementation. If after th e crime new law was introduced envisaging
no responsibility or mitigation of resp onsibility, said new law shall apply.
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Chapter IV. Main responsibilities of citizens
Article 72. Main responsibilities of citizens
I. Everyone has obligations to the state and society directly resulting from his/her rights
and liberties.
II. Everyone must follow provisions of the Constitution and Laws of the Azerbaijan
Republic, respect rights and liberties of othe r persons, fulfil other obligations envisaged
by the law.
III. Not knowing the law does not release from responsibility.
Article 73. Taxes and other state duties
I. Everyone must pay taxes and other state dut ies in-time and in full volume as required.
Nobody may be forced to pay taxes and other st ate duties if they are not envisaged in the
law and in excess of amount specified therein.
Article 74. Loyalty to motherland

I. Loyalty to motherland is sacred.
II. Persons working in legislative, executive or judicial power bodies who were elected
and appointed to their posts are responsible for accurate and conscientious fulfilment of
their obligations and, whenever required by the law, make an oath.
III. Person working in legislative, executive or judicial power bodies who was elected
and appointed to his/her post and made an oath regarding the Constitution of the
Azerbaijan Republic shall be considered dism issed and will not be able to take this
position if he/she was accused in crime agains t the state, including rebellion or state coup
and has been sentenced based on this accusation.
Article 75. Respect for state symbols
Every citizen must respect state symbols of the Azerbaijan Republic – its banner, state
emblem and hymn.
Article 76. Defence of motherland
I. Defence of motherland is duty of any ci tizen. Citizens of the Republic serve in the
army according to legislation.
II. If beliefs of citizens come into conflict w ith service in the army then in some cases
envisaged by legislation
alternative service instead of re gular army service is permitted.
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Article 77. Protection of historical and cultural memorials
Every citizen is responsible for protection of historical and cultural memorials.
Article 78. Protection of environment
Every citizen is responsible for protection of environment.
Article 79. Inadmissibility of fulfilment of obligations contradicting the legislation
No one may be forced to carry out obligati ons contradicting the Constitution and laws of
the Azerbaijan Republic.
Article 80. Responsibility
Violation of provisions of the present C onstitution and laws of the Azerbaijan Republic
including usurpation of rights and liberties and also failure to fulfil responsibilities
specified in the present Constitution and laws of the Azerbaijan Republic are persecuted.
Section 3. State power
Chapter V. Legislative power
Article 81. Implementation of legislative power

Legislative power in the Azerbaijan Republic is implemented by Milli Majlis of the
Azerbaijan Republic.
Article 82. Number of deputies in Milli Majlis of the Azerbaijan Republic
Milli Majlis of the Azerbaijan Republic consists of 125 deputies.
Article 83. Procedure of elections of deputies of Milli Majlis of the Azerbaijan
Republic
Deputies of Milli Majlis of the Azerbaij an Republic are elected based on majority voting
system and general, equal and direct elections by way of free, individual and secret
voting.
(1)
Article 84. Term of authorit y of a calling of Milli Majlis of the Azerbaijan Republic
I. Term of authority of each calling of Milli Majlis of the Azerbaijan Republic is 5 years.
II. Elections for each calling of Milli Majlis of the Azerbaij an Republic take place every 5
years on a first Sunday of November.
III. Term of authority of deputie s of Milli Majlis of the Azerbaijan Republic is restricted
by term of authority of respective calling of Milli Majlis of the Azerbaijan Republic.
IV. If new elections of deputies to replace retired deputies of Milli Majlis of the
Azerbaijan Republic are carried out, then te rm of authority of newly elected deputy
corresponds to remaining term of authority of respective retired deputy.
Article 85. Requirements to candidates to the posts of deputies of Milli Majlis of
the Azerbaijan Republic
I. Every citizen of the Azerbaijan Republic not younger than 25 may be elected the deputy
of Milli Majlis of the Azerbaijan Re public in an established order.
II. Persons having double citizenship, those having obligations to other states, those
working in the bodies of executive or judicial power, persons involved in other payable
activity except scientific, pedagogical and creativ e activity, religious men, persons whose
incapacity has been confirmed by law court, those condemned for grave cr
ime, serving a
sentence due to verdict of law court may not be elected the de puties of Milli Majlis of the
Azerbaijan Republic.
Article 86. Inspection and a pproval of results of elections of deputies of Milli
Majlis of the Azerbaijan Republic
Accuracy of results of elections is checked and approved by Constitutional Court of the
Azerbaijan Republic as specified in the law.
Article 87. End of the term of authority of deputies of Milli Majlis of the Azerbaijan
Republic
I. Term of authority of deputies of Milli Majlis of the Azerbaijan Republic ends on a day
of first meeting of new calling of M illi Majlis of the Azerbaijan Republic.

II. Elections of deputies to replace those who left Milli Majlis of the Azerbaijan Republic
shall not be held if less than 25 days remain s to the end of term of authority of Milli
Majlis of the Azerbaijan Republic.
III. Milli Majlis of the Azerbaijan Republic wi ll have powers after authority of 83 of its
deputies has been approved.
Article 88. Sessions of Milli Ma jlis of the Azerbaijan Republic
I. Every year two spring and autumn sessions of Mil li Majlis of the Azerbaijan Republic
are held.
After approval of authority of 83 deputies of Milli Majlis of the Azerbaijan Republic the
first meeting of Milli Majlis of the Azerbaijan Republic sha ll be summoned within 1 week
beginning from the day of approval.
If after elections to Milli Majlis of the Azerbaijan Republic, authority of 83 its deputies
has not been approved before
10 March then day of opening of the first meeting of Milli
Majlis of the Azerbaijan Republic will be established by Constitutional Court of the
Azerbaijan Republic.
II. Extraordinary sessions of Milli Majlis of the Azerbaijan Republic will be summoned
by the Chairman of Milli Majlis of the Azerbai jan Republic at request of the President of
the Azerbaijan Republic or 42 deputies of Milli Majlis of the Azerbaijan Republic.
III. Agenda of extraordinary session will be prepared by those who summoned said
session. After the questions of agenda have been discussed extraordinary session ends.
(1)
Article 89. Deprivation of deputies of Milli Majlis of the Azerbaijan Republic of
their mandates and loss of powers by the deputy of Milli Majlis of the Azerbaijan
Republic
I. The deputy of Milli Majlis of the Azerba ijan Republic looses his/her mandate in the
following cases:
1) whenever during the elections there was falsification in calculation of votes;
2) on giving up the citizenship of the Azerbaijan Republic or accepting other
citizenship;
3) on commitment of crime and whenever th ere is valid verdict of law court;
4) on taking position in state bodies, post in religious organizations, involvement
in business, commercial or other paid ac tivity (except scientific, pedagogical and
creative activity);
5) on a voluntary basis.
Decision about deprivation of th e deputy of Milli Majlis of the Azerbaijan Republic of his
mandate is taken as specified in legislation.

II. Whenever deputies of Milli Majlis of the Azerbaijan Republic are not able to fulfil
their obligations and in othe r cases specified by law their authority is considered
terminated. Procedure of taking respecti ve decision is determined by the law.
(1)
Article 90. Immunity of deputies of Milli Majlis of the Azerbaijan Republic
I. A deputy of Milli Majlis of the Azerbaijan Republic enjoys immunity during the whole
term of his powers. Except cases when the de puty may be caught in the act of crime, the
deputy of Milli Majlis of the Azerbaijan Republic may not be called to criminal
responsibility during the whole term of his/her authority, arrested, disciplinary measures
may not be applied to him by law court, he may not be searched. The deputy of Milli
Majlis of the Azerbaijan Republic may be arre sted only if he/she has been caught at a
place of crime. In such case the body which detained the deputy of Milli Majlis of the
Azerbaijan Republic must immediately notify General Procurator of the Azerbaijan
Republic about the fact.
II. Immunity of deputy of Mi lli Majlis of the Azerbaijan Republic might be stopped only
by decision of Milli Majlis of the Azerbaij an Republic based on application of General
Procurator of the Azerbaijan Republic.
Article 91. Prohibition on institution of proceedings against deputies of Milli
Majlis of the Azerbaijan Republic
Deputies of Milli Majlis of the Azerbaijan Republic cannot be made responsible for their
activity in Milli Majlis of the Azerbaij an Republic, voting in Milli Majlis of the
Azerbaijan Republic and statem ents made in Milli Majlis of the Azerbaijan Republic.
Without the deputies’ consent, in connection wi th such cases, they are not obliged to give
explanations and evidence.
Article 92. Organization of work of Milli Majlis of the Azerbaijan Republic
Milli Majlis of the Azerbaijan Republic determ ines procedure of its activity, elects its
chairman and his deputies, organizes permane nt and other commissions, establishes
Counting Chamber.
Article 93. Acts of Milli Majlis of the Azerbaijan Republic
I. Milli Majlis of the Azerbaijan Republic accepts Constitutional laws and decrees
regarding the questions of its competence.
II. Constitutional laws, laws and decrees are taken in Milli Majlis of the Azerbaijan
Republic in an order specified in the present Constitution.
III. Deputies of Milli Majlis of the Azer baijan Republic exercise their voting right
personally.
IV. Specific orders to the bodies of executi ve power and law courts cannot be envisaged
in laws and decrees of Milli Ma jlis of the Azerbaijan Republic.
Article 94. General rules established by Milli Majlis of the Azerbaijan Republic

I. Milli Majlis of the Azerbaijan Republic establishes general rules concerning the
following matters:
1) use of rights and liberties of a pe rson and citizen specified in the present
Constitution, state guarantees of these rights and liberties;
2) elections of the President of the Azerbaijan Republic;
3) elections to Milli Majlis of the Azer baijan Republic and status of deputies of
Milli Majlis of the Azerbaijan Republic;
4) referendum;
5) judicial system and stat us of judges; procurator’s office, the bar and notary’s
offices;
6) legal proceedings, execution of court verdicts;
7) elections to municipalities and status of municipalities;
8) state of emergency; martial law;
9) state awards;
10) status of physical persons and legal entities;
11) objects of civil law;
12) transactions, civil-legal agreemen ts, representation and inheritance;
13) right of property, including legal regime of st ate, private and municipal
property, right of intellectual property, other proprietary rights; liability right;
14) family relationships, including guardianship and trusteeship;
15) basis of financial activity—taxes, duties and charges;
16) labor relationships and social maintenance;
17) interpretation of crime and other vi olations of law; establishment of
responsibility for these acts;
18) defence and military service;
19) governmental employment;
20) basis of security;
21) territorial arrangement; regime of state borders;
22) ratification and denunciation of international treaties;

23) communications and transport;
24) statistics; metrology and standards;
25) customs;
26) commerce and stock exchange activity;
27) banking business, accounting, insurance.
II. As per questions specified in paragraphs 2, 3, 4 of the present Article the laws are
approved by majority of 83 votes, as per other questions—by majority of 63 votes.
III. The first part of the present Article mi ght be supplemented with the Constitutional
law.
Article 95. Competence of Milli Majlis of the Azerbaijan Republic
I. The following questions fall under the competence of Milli Majlis of the Azerbaijan
Republic:
1) organization of work of Milli Majlis of the Azerbaijan Republic;
2) based on recommendation by the Pr esident of the Azerbaijan Republic
establishment of diplomatic repres entations of the Azerbaijan Republic;
3) administrative-territorial division;
4) ratification and denunciation of international agreements;
5) based on recommendation by the Pr esident of the Azerbaijan Republic
approval of state budget of the Azerbaijan Republic and control over its
execution;
6) based on recommendation by the Presid ent of the Azerbaijan Republic election
of authorised representative for hum an rights of the Azerbaijan Republic;
7) based on recommendation by the Pr esident of the Azerbaijan Republic
approval of military doctrine of the Azerbaijan Republic;
8) in cases specified in the present Constitution approval of decrees of the
President of the Azerbaijan Republic;
9) based on recommendation by the Presid ent of the Azerbaijan Republic giving
consent for appointment of Prime-minister of the Azerbaijan Republic;
10) based on recommendation by the Pr esident of the Azerbaijan Republic
appointment of judges of Constitutional Court of the Azerbaijan Republic,
Supreme Court of the Azerbaijan Republic and
Court of Appeal of the Azerbaijan
Republic;

11) based on recommendation by the President of the Azerbaijan Republic giving
consent for appointment and dismissal of General Procurator of the Azerbaijan
Republic;
12) dismissal of the President of the Az erbaijan Republic by way of impeachment
based on recommendation of Constitutional Court of the Azerbaijan Republic;
13) based on recommendation by the Pr esident of the Azerbaijan Republic
dismissal of judges;
14) taking decision regarding a vote of confidence in the Cabinet of Ministers of
the Azerbaijan Republic;
15) based on recommendation by the Pr esident of the Azerbaijan Republic
appointment and dismissal of members of Administration Board of National Bank
of the Azerbaijan Republic;
16) based on recommendation by the Presid ent of the Azerbaijan Republic giving
consent for enlistment of Mi litary Forces of the Azerbaijan Republic to operations
other than their normal duties;
17) based on request of the President of the Azerbaijan Republic giving consent
for announcement of war and conc lusion of peace treaty;
18) announcement of referendum;
19) amnesty.
II. As per questions specified in paragraphs 1-5 of the present Article the laws are
approved by majority of 63 votes, as per other questions decrees are approved in the
same order if not specified othe rwise by the present Constitution.
III. Decrees are also taken regarding other questions which due to the present
Constitution fall under the competence of Mi lli Majlis of the Azerbaijan Republic,
questions connected with organisation of the work of Milli Majlis of the Azerbaijan
Republic, questions requiring express of at titude of Milli Majlis of the Azerbaijan
Republic.
IV.The fist part of the pres ent Article may by supplemente d by the Constitutional law. (1)
Article 96. Right of legislative initiative
I. Right of legislative initiative in Milli Majlis of the Azer baijan Republic (right to submit
for consideration by Milli Ma jlis of the Azerbaijan Republic drafts of laws and other
questions) belongs to deputies of Milli Majlis of the Azerbaijan Republic, the President of
the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic,
Public Prosecutor’s
Office of the Azerbaijan Republic and Ali Ma jlis of Nakhichevan Autonomous Republic.
II. Drafts of laws or decrees submitted for consideration by Milli Majlis of the Azerbaijan
Republic by the President of the Azerbaijan Republic, Supr eme Court of the Azerbaijan
Republic,
Public Prosecutor’s Office of the Azerbaijan Republic or Ali Majlis of

Nakhichevan Autonomous Republic, as legislative initiative, are put to the vote as they
are.
III. Amendments in such drafts of laws or decrees are introduced by consent of the body
which used the right of legislative initiative.
IV. Drafts of laws or decrees submitted for consideration by Milli Majlis of the
Azerbaijan Republic by the President of th e Azerbaijan Republic, Supreme Court of the
Azerbaijan Republic,
Public Prosecutor’s Office of the Azerbaijan Republic or Ali Majlis
of Nakhichevan Autonomous Repub lic, as legislative initiative, are put to the vote in Milli
Majlis of the Azerbaijan Republic within two months.
V. If draft of the law or decree has been declared by the President of the Azerbaijan
Republic, Supreme Court of the Azerbaijan Republic,
Public Prosecutor’s Office of the
Azerbaijan Republic or Ali Ma jlis of Nakhichevan Autonomous Republic urgent, then
above specified term sha ll constitute 20 days.
(1)
Article 97. Term for submitting laws for signing
I. Drafts of the laws are submitted to the President of the Azerbaijan Republic for signing
within 14 days from the day of their acceptance.
II. Urgent draft of the law is submitted to the President of the Azerbaijan Republic for
signing within 24 hours from the moment of its acceptance.
Article 98. Validity of acts of Milli Majlis of the Azerbaijan Republic
If not specified otherwise in the law and decree of Milli Majl is of the Azerbaijan Republic
themselves the law and decree become valid from the date of their public
ation.
Chapter VI. Executive power
Article 99. Belonging of executive power
Executive power in the Azerbaijan Republic belongs to the President of the Azerbaijan
Republic.
Article 100. Requirements to candidates to the post of the President of the
Azerbaijan Republic
Citizen of the Azerbaijan Republic not younger than 35, permanently living on the
territory of the Azerbaijan Republic l onger than 10 years, possessing voting right,
without previous conviction, having no liabilitie s in other states, with university degree,
not having double citizenship may be elected the President of the Azerbaijan Republic.
(2)
Article 101. Procedure of elections of the President of the Azerbaijan Republic
I. The President of the Azerbaijan Republic is elected for a 5-year term by way of
general, direct and equal elections, w ith free, personal and secret ballot.
II. The President of the Azerbaijan Republic is elected by majority (more than half) of the
votes.

III. If required majority has not achieved in the first round of voting, then second round
will be held on second Sunday after the fir st round. Only two candidates who gained
more votes than others in the first round, or two candidates following closely the first
ones, should they recall their candidatures , will take part in the second round of
elections.
IV. The candidate having collected majority of votes in the second round of elections is
considered elected the President of the Azerbaijan Republic.
V. No one may be elected the President of the Azerbaijan Republic repeatedly, more than
two times.
VI. Procedure of implementation of the pres ent Article is specified in legislation. (1)
Article 102. Results of elections of the President of the Azerbaijan Republic
Results of elections of the President of the Azerbaijan Republic are officially announced
by Constitutional Court of the Azerbaijan Republic within 14 days from the day of voting.
(1)
Article 103. Oath of a person elected th e President of the Azerbaijan Republic
I. A person elected the President of the Azerbaijan Republic, within 3 days from the day
when results of elections of the Presid ent of the Azerbaijan Republic have been
announced, with participation of judges of Constitutional Court of the Azerbaijan
Republic takes an oath: «Carrying out powe rs of the President of the Azerbaijan
Republic I swear to follow the Constitu tion of the Azerbaijan Republic, protect
sovereignty and territorial integrity of the state, to serve people».
II. It is considered that the President of the Azerbaijan Republic began carrying out his
official powers from the day when he took his oath.
Article 104. Inability of the President of the Azerbaijan Republic to carry out his
powers
I. The President of the Azerbaijan Republic is considered having left his position ahead
of time on resignation, complete inability to fulfil his powers due to illness, dismissal
from his post in cases and in an order envisaged in the present Constitution.
II. When the President of the Azerbaijan Republic is going to resign, his application
concerning resignation is presented to Cons titutional Court of the Azerbaijan Republic.
Constitutional Court of the Azerbaijan Republic , having confirmed that the President of
the Azerbaijan Republic himself sent in his resignation makes decision to accept such
resignation. From that moment the President is considered having left his post due to
resignation.
III. Having received notifications about comple te inability of the President of the
Azerbaijan Republic to fulfil his powers due to poor health, Milli Majlis of the Azerbaijan
Republic applies to the Constitutional Court of the Azerbaijan Republic for clarification
of this fact. Should the Constitutional Court of the Azerbaijan Republic confirm this fact
the question is settled.

Article 105. Implementation of powers of the President of the Azerbaijan Republic
on his resignation
I. Whenever the President of the Azerbaijan Republic resigns from his post ahead of time,
extraordinary elections of the President of th e Azerbaijan Republic are held within three
months. In such case, until new President of the Azerbaijan Republic is elected,
the
Prime-Minister of the Azerbaijan Republic wi ll carry out powers of the President of the
Azerbaijan Republic.
II. If during said term the Prime-Minister of the Azer baijan Republic carrying out powers
of the President of the Azerbaijan Republic resigns, becomes incapable of carrying out
his powers due to illness, Chai rman of Milli Majlis of the Azerbaijan Republic will carry
out powers of the President of the Azerbaijan Republic.
III. If the Chairman of Milli Majlis of the Azerbaijan Republic is unable to fulfil powers
of the President of the Azerbaijan Republic due to reasons given in paragraph II of the
Present Article, Milli Majlis of the Azerba ijan Republic takes decree about delegation of
powers of the President of the Azer baijan Republic to other official.
(1)
Article 106. Immunity of the Presi dent of the Azerbaijan Republic
The President of the Azerbaijan Republic en joys the right of personal immunity. Honor
and dignity of the President of the Azer baijan Republic are protected by law.
Article 107. Dismissal of the President of the Azerbaijan Republic from his post
I. In case of grave crime done by the President of the Azerbaijan Republic the question of
dismissal of the President may be submitted to Milli Majlis of the Azerbaijan Republic on
initiative of Constitutional Court of the Az erbaijan Republic based on conclusions of
Supreme Court of the Azerbaijan Re public presented within 30 days.
II. The President of the Azerbaijan Republic may be dismissed from his post by decree of
Milli Majlis of the Azerbaijan Republic taken by majority of 95 votes of deputies. This
decree is signed by the Chairman of Constitu tional Court of the Azerbaijan Republic. If
Constitutional Court of the Azerbaijan Republic fa ils to sign said decree within one week
it shall not come into force.
III. Decree about dismissal of the President of the Azerbaijan Republic from his post
must be accepted within 2 m onths from the date of applicatio n of Constitutional Court of
the Azerbaijan Republic to Milli Majlis of the Azerbaijan Republic. If said decree is not
taken within said term, then accusation against the President of the Azerbaijan Republic
is considered rejected.
Article 108. Provisions for the President of the Azerbaijan Republic
The President of the Azerbaijan Republic and his family are provided for by the state.
Security of the President of the Azerbaijan Republic and his family is ensured by special
security teams
Article 109. Competence of the Presi dent of the Azerbaijan Republic
The President of the Azerbaijan Republic:

1) announces elections to Milli Majlis of the Azerbaijan Republic;
2) submits for approval by Milli Majlis of the Azerbaijan Republic state budget of
the Azerbaijan Republic;
3) approves state economic and social programs;
4) by consent of Milli Majlis of the Azerbaijan Republic appoints Prime-minister
of the Azerbaijan Republic, dismisses Prim e-minister of the Azerbaijan Republic;
5) appoints and dismisses members of Cabi net of Ministers of the Azerbaijan
Republic; whenever necessary takes chair at the meetings of Cabinet of Ministers
of the Azerbaijan Republic;
6) takes decision about resignation of C abinet of Ministers of the Azerbaijan
Republic;
7) establishes central and lo cal executive power bodies within the limits of sums
allotted in state budget of the Azerbaijan Republic;
8) cancels decrees and orders of Cabinet of Ministers of the Azerbaijan Republic
and Cabinet of Ministers of Nakhichevan Autonomous Republic, acts of central
and local executive power bodies;
9) submits proposals to Milli Majl is of the Azerbaijan Republic about
appointment of judges of Constitutional Court of the Azerbaijan Republic,
Supreme Court of the Azerbaijan Republic and
Courts of Appeal of the
Azerbaijan Republic; appoints judges of other courts of the Azerbaijan Republic;
by consent of Milli Majlis of the Az erbaijan Republic appoints and dismisses
General procurator of the Azerbaijan Republic;
10) submits recommendations to Milli Ma jlis of the Azerbaijan Republic about
appointment and dismissal of members of Administration Board of National Bank
of the Azerbaijan Republic;
11) submits to Milli Majlis of the Azer baijan Republic for approval military
doctrine of the Azerbaijan Republic;
12) appoints and dismisses officers of highe r rank to Military Forces of the
Azerbaijan Republic;
13) forms the executive offi ce of the President of the Azerbaijan Republic,
appoints its head;
14) submits recommendations to Milli Ma jlis of the Azerbaijan Republic about
appointment of authorized representati ve for human rights of the Azerbaijan
Republic;
15) submits recommendations to Milli Ma jlis of the Azerbaijan Republic about
establishment of diplomatic representati ons of the Azerbaijan Republic in foreign
countries and under international organizations, appoints and dismisses

diplomatic representatives of the Azerbaijan Republic in foreign countries and in
international organizations;
16) receives credential papers and letters of recall from diplomatic
representatives of foreign countries;
17) concludes interstate and intergovernmen tal agreements, presents interstate
agreements to Milli Majlis of the Azerbaijan Republic for ratification and
denunciation; signs decrees on ratifica tion of international agreements;
18) announces referendum;
19) signs and issues laws;
20) settles questions concerning citizenship;
21) settles questions concerning granting political refuge;
22) grants pardon;
23) gives state awards;
24) assigns higher military and higher special ranks;
25) announces total or partial mobilization and also demobilization;
26) takes decision about calling up citizens of the Azerbaijan Republic to urgent
military service and transfer to the reserve of soldiers of urgent military service;
27) forms Security Council of the Azerbaijan Republic;
28) submits recommendation to Milli Maj lis of the Azerbaijan Republic about
consent for use of Military Forces of the Azerbaijan Republic in implementation
of duties other than their normal duties;
29) announces state of emergency and martial law;
30) on consent of Milli Majlis of the Azerbaijan Republic announces a war and
concludes peace agreements;
31) forms special security bodies within the limits of sums allotted from state
budget of the Azerbaijan Republic;
32) settles other questions which under the present Constitution do not pertain to
the competence of Milli Majlis of the Az erbaijan Republic and law courts of the
Azerbaijan Republic.
(1)
Article 110. Signing of the laws
I. The President of the Azerbaijan Republic signs the laws within 56 days after their
presentation. If the President of the Azerba ijan Republic has objections against a law he

may return it to Milli Majlis of the Azerbaijan Republic within specified term without
signing, together with his comments.
II. Should the President of the Azerbaijan Repub lic fail to sign Constitutional laws they
will not come into force. If Mi lli Majlis of the Azerbaijan Republic accepts by majority of
95 votes laws that have been accepted previously by majority of 83 votes, and by majority
of 83 votes the laws that have been accepted prev iously by majority of 63 votes, said laws
come into force after repeated voting.
Article 111. Declaration of martial law
In cases of actual occupation of some part of the territory of the Azerbaijan Republic,
announcement of war by foreign country or countries against the Azerbaijan Republic,
blockade of the territory of the Azerbaij an Republic and also whenever there is real
danger of armed attack against the Azerbaijan Re public, blockade of the territory of the
Azerbaijan Republic and also in case of real th reat of such blockade the President of the
Azerbaijan Republic announces martial law a ll over the territory of the Azerbaijan
Republic or in individual areas, and with in 24 hours submits respective decree for
approval by Milli Majlis of the Azerbaijan Republic.
Article 112. State of emergency
Whenever natural calamities take place, epid emic, epizootic, grave ecological and other
disasters and also on accomplishment of acts ai med to violation of territorial integrity of
the Azerbaijan Republic, revolt or state coup, with mass disorders accom
panied by
violence, other conflicts threat ening life and safety of citizens, or normal activity of state
bodies, the President of th e Azerbaijan Republic announces state of emergency in
individual areas of the Azerbaijan Republic and within 24 hours submits respective
decree for approval by Milli Majlis of the Azerbaijan Republic.
Article 113. Acts of the President of the Azerbaijan Republic
I. Establishing general procedures the President of the Azerbaijan Republic issues
decrees, as per all other ques tions – he issues orders.
II. If not specified otherwise in decrees and orders of the President of the Azerbaijan
Republic they become valid from the day of their publication.
Article 114. Status of the Cabinet of Ministers of the Azerbaijan Republic
I. For implementation of executive powers the President of the Azerbaijan Republic
establishes Cabinet of Ministers of the Azerbaijan Republic.
II. Cabinet of Ministers of the Azerbaijan Republic is the highest body of executive power
of the President of the Azerbaijan Republic.
III. Cabinet of Ministers of the Azerbaijan Re public is subordinate to the President of the
Azerbaijan Republic and reports to him.
IV. Procedure of activity of C abinet of Ministers of the Azer baijan Republic is defined by
the President of the Azerbaijan Republic.

Article 115. Composition of Cabinet of Ministers of the Azerbaijan Republic
Cabinet of Ministers of the Azerbaijan Republic includes Prime-minister of the
Azerbaijan Republic, his deputies, minister s and heads of other central bodies of
executive power.
Article 116. Resignation of Cabinet of Ministers of the Azerbaijan Republic
On a day when newly elected President of the Azerbaijan Republic comes into his rights
and begins carrying out his powers Cabinet of Ministers of the Azerbaijan Republic
resigns.
Article 117. Meetings of the Cabinet of Ministers of the Azerbaijan Republic
As a rule, Prime-minister of the Azerbaijan Republic takes chair at the meetings of the
Cabinet of Ministers of the Azerbaijan Republic.
Article 118. Procedure of appointment of Prime-minister of the Azerbaijan
Republic
I. Prime-minister of Azerbaijan Republic is appointed by th e President of the Azerbaijan
Republic on consent of Milli Majl is of the Azerbaijan Republic.
II. Proposed candidature for the post of Prim e-minister of the Azerbaijan Republic is
submitted for consideration to Milli Majlis of the Azerbaijan Republic by the President of
the Azerbaijan Republic not later than one month from the day when the President begins
carrying out his powers, or not later than tw o weeks from the day of resignation of
Cabinet of Ministers of the Azerbaijan Republic.
III. Milli Majlis of the Azerbaijan Republic takes decision concerning the candidate to
the post of Prime-minister of the Azerbaijan Republic not later than within one week from
the day when such candidature has been propos ed. Should said procedure be violated, or
candidatures proposed by the President of th e Azerbaijan Republic for the post of Prime-
minister of the Azerbaijan Republic be reject ed three times, then the President of the
Azerbaijan Republic may appoint Prime-minist er of the Azerbaijan Republic without
consent of Milli Majlis of the Azerbaijan Republic.
Article 119. Authority of Cabinet of Ministers of the Azerbaijan Republic
Cabinet of Ministers of the Azerbaijan Republic:
o prepares draft of state b udget of the Azerbaijan Republic and submits it to the
President of the Azerbaijan Republic;
o provides implementation of state budget of the Azerbaijan Republic;
o provides implementation of finan cial-credit and monetary policy;
o provides implementation of state economic programs;
o provides implementation of state social programs;
o carries out control over ministries a nd other central bodies of executive power,
annuls their acts;
o solves other questions delegated to it by the President of the Azerbaijan Republic.
Article 120. Acts of Cabinet of Mi nisters of the Azerbaijan Republic

I. Establishing general procedures Cabinet of Ministers of the Azerbaijan Republic issues
decrees, as per all other questions – it issues orders.
II. If not specified otherwise in decrees and orders of Cabinet of Ministers of the
Azerbaijan Republic, they become valid from the day of their publication.
Article 121. Requirements to candidates to the posts of members of Cabinet of
Ministers of the Azerbaijan Republic
I. Prime-minister of the Azerbaijan Republic shall be a citizen of the Azerbaijan Republic
not younger than 30, having voting right, with uni versity degree, having no liabilities in
other states.
II. Deputy Prime-minister of the Azerbaijan Republic, minister, head of other central
body of executive power shall be a citizen of the Azerbaijan Republic not younger than
25, having voting right, with university degr ee, having no liabilities in other states.
Article 122. Requirements to members of Cabinet of Ministers of the Azerbaijan
Republic
Prime-minister of the Azerbaijan Republic, his deputies, minist ers, heads of other central
bodies of executive power may not occupy any posts, irrespective of the procedure –
elections or appointment, may not be involved in business, commercial and other payable
activity except scientific, pedagogical and crea tive activity, may not get remuneration
other than their wages and money for scie ntific, pedagogical and creative activity.
Article 123. Immunity of Prime-minister of the Azerbaijan Republic
I. Prime-minister of the Azerbaijan Republic enjoys immunity during the whole term of
his powers.
II. Prime-minister of the Azerbaijan Republic may not be arrested, called to criminal
responsibility except cases when he has been caught in the act of crime, disciplinary
measures may not be applied to him by law court, he may not be searched.
III. Prime-minister of the Azerbaijan Republic may be arrested if he has been caught in
the act of crime. In such case body detained the deputy of Milli Majlis of the Azerbaijan
Republic must immediately notify General Pr ocurator of the Azerbaijan Republic about
the fact.
IV. Immunity of Prime- minist er of the Azerbaijan Republic might be stopped only by the
President of the Azerbaijan Republic, based on application of General Procurator of the
Azerbaijan Republic.
Article 124. Local bo dies of executive power
I.Heads of executive power bodies carry out executive power locally.
II.Heads of executive power bodies are appointed to their posts and dismissed by the
President of the Azerbaijan Republic.

III. Limits of authority of local executive power bodies are determined by the President of
the Azerbaijan Republic.
Chapter VII. Judicial power
Article 125. Judicial power
I. Judicial power in Azerbaijan is implemented by law courts.
II. Judicial power is implemented through the Constitutional Court of the Azerbaijan
Republic, Supreme Court of the Azerbaijan Republic,
Courts of Appeal of the Azerbaijan
Republic, ordinary and specialized law courts of the Azerbaijan Republic.
III. Judicial power is implemented by way of constitutional, civil and criminal legal
proceedings and other forms of legislation provided for by law.
IV. In all criminal proceedings the Public Prosecutor’s Office of the Azerbaijan Republic
and lawyers take part.
V. Judicial system and legal proceedings in the Azerbaijan Republic are determined by
law.
VI. Use of legal means aimed to change of authority of law courts and establishment of
extraordinary law courts which are not envisaged by the law are prohibit
ed.
(1)
Article 126. Requirements to candidates to judges posts
I. Judges shall be citizens of the Azerbaij an Republic not younger than 30, having voting
right, higher juridical educa tion and at least 5-year working experience in the sphere of
law.
II. Judges may not occupy any other posts, ir respective of the procedure – elections or
appointment, may not be involved in busine ss, commercial and other payable activity,
except scientific, pedagogical and creative activi ty, may not be involved in political
activity and join political parties, may not get remuneration other than their wages and
money for scientific, ped agogical and creative activity.
Article 127. Independence of judges, main principles and conditions of
implementation of justice
I. Judges are independent, they are subordinate only to Constitution and laws of the
Azerbaijan Republic, they cannot be replaced during the term of their authority.
II. In consideration of legal cases judges must be impartial, fair, they should provide
juridical equality of partie s, act based on facts and according to the law.
III. Direct and indirect restriction of legal proceedings from somebody’s part and due to
some reason, illegal influence, th reats and interference are not allowed.
IV. Justice shall be implemented based on equality of citizens before the law and law
court.

V. In all law courts hearing of legal cases shall be open.
VI. It is allowed to have closed hearing of legal cases only if the law court decides that
open hearings may result in disclosure of st ate, professional or commercial secrets, or
that it is necessary to keep confidentiality with respect to personal or family life.
VII. Except cases envisaged by law it is prohibited to carry out legal proceedings by
correspondence.
VIII. Law proceedings are carried out based on the principle of contest.
IX. Everyone has the right for defence at all stages of legal proceedings.
X. Justice is based on presumption of innocence.
XI. In the Azerbaijan Republic legal proceedi ngs are carried out in state language of the
Azerbaijan Republic or in a language of ma jority of population in specific area.
Persons—participants of legal proceedings not knowing the language of proceedings
have the right to be acquainted with materials of proceedings, to take part in legal
proceedings using interpreter, to make stat ements in the law court in their native
language.
Article 128. Immunity of judges
I. Judges are immune.
II. A judge may be called to criminal res ponsibility only in accordance with law.
III. Authority of judges might be stopped only based on reasons and rules envisaged by
the law.
IV. Whenever judges commit crime, the Presid ent of the Azerbaijan Republic, based on
conclusions of Supreme Court of the Azerbaijan Republic, may make statement in Milli
Majlis of the Azerbaijan Republic with the initiative to dismiss judges from their posts.
Respective conclusions of Supreme Court of the Azerbaijan Republic must be presented
to the President of the Azerbaijan Re public within 30 days after his request.
V. Decision about dismissal of judges of C onstitutional Court of the Azerbaijan Republic,
Supreme Court of the Azerbaijan Republic and
Courts of Appeal of the Azerbaijan
Republic is taken by Milli Majlis of the Az erbaijan Republic with majority of 83 votes;
decision about dismissal of other judges is taken by Milli Majlis of the Azerbaijan
Republic with majority of 63 votes.
(1)
Article 129. Decisions of law co urts and their implementation
Law courts take decisions on behalf of the st ate; implementation of these decisions is
obligatory.
Article 130. Constitutional Court of the Azerbaijan Republic
I. Constitutional Court of the Azerbaijan Republic consists of 9 judges.

II. Judges of Constitutional Court of the Azerbaijan Republic are appointed by Milli
Majlis of the Azerbaijan Republic on recomme ndation by the President of the Azerbaijan
Republic.
III. Constitutional Court of the Azerbaijan Re public based on inquiry of the President of
the Azerbaijan Republic, Milli Majlis of the Azerbaijan Republic, Cabinet of Ministers of
the Azerbaijan Republic, Supreme Court of th e Azerbaijan Republic, Procurator’s Office
of the Azerbaijan Republic, Ali Majlis of Nakhichevan Autonomous Republic takes
decisions regarding the following:
1) correspondence of laws of the Azer baijan Republic, decrees and orders of the
President of the Azerbaijan Republic, decr ees of Milli Majlis of the Azerbaijan
Republic, decrees and orders of Cabinet of Ministers of the Azerbaijan Republic,
normative-legal acts of central bodies of executive power to Constitution of the
Azerbaijan Republic;
2) correspondence of decrees of the Pres ident of the Azerbaijan Republic, decrees
of Cabinet of Ministers of the Azer baijan Republic, normative-legal acts of
central bodies of executive power to th e laws of the Azerbaijan Republic;
3) correspondence of decrees of Cabinet of Ministers of the Azerbaijan Republic
and normative-legal acts of central bodies of executive power to decrees of the
President of the Azerbaijan Republic;
4) in cases envisaged by law, correspondence of decisions of Supreme Court of
the Azerbaijan Republic to Constitution and laws of the Azerbaijan Republic;
5) correspondence of acts of municipa lities to Constitution of the Azerbaijan
Republic, laws of the Azerbaijan Republic , decrees of the President of the
Azerbaijan Republic, decrees of Cabinet of Ministers of the Azerbaijan Republic
(in Nakhichevan Autonomous Republic – also to Constitution and laws of
Nakhichevan Autonomous Republic and decr ees of Cabinet of Ministers of
Nakhichevan Autonomous Republic);
6) correspondence of interstate agreeme nts of the Azerbaijan Republic, which
have not yet become valid, to Cons titution of the Azerbaijan Republic;
correspondence of intergovernmental agreem ents of the Azerbaijan Republic to
Constitution and laws of the Azerbaijan Republic;
7) correspondence of Constitution and laws of Nakhichevan Autonomous
Republic, decrees of Ali Majlis of Nakh ichevan Autonomous Republic, decrees of
Cabinet of Ministe rs of Nakhichevan Autonomous Re public to Constitution of the
Azerbaijan Republic; correspondence of laws of Nakhichevan Autonomous
Republic, decrees of Cabinet of Minist ers of Nakhichevan Autonomous Republic
to laws of the Azerbaijan Republic; co rrespondence of decrees of Cabinet of
Ministers of Nakhichevan Autonomous Republic to decrees of the President of the
Azerbaijan Republic and decrees of Cabi net of Ministers of the Azerbaijan
Republic;
8) settlement of disputes connected with division of authority between legislative,
executive and judicial powers.

IV. Constitutional Court of the Azerbaijan Republic gives interpretation of the
Constitution and laws of the Azerbaijan Republic based on inquiries of the President of
the Azerbaijan Republic, Milli Majlis of the Azerbaijan Republic, Cabinet of Ministers of
the Azerbaijan Republic, Supreme Court of th e Azerbaijan Republic, Procurator’s Office
of the Azerbaijan Republic and Ali Majlis of Nakhichevan Autonomous Republic.
V. With the purpose of restoration of violated human rights and freedoms, for decision of
issues, specified in clauses 1-7 of the part III of this Article, by the Constitutional Court
of the Azerbaijan Republic any person may appeal normative acts of legislative and
executive power bodies, municipalities and legal acts, violating his rights and freedoms
at the Constitutional Court of the Azerbaij an Republic in an order established by the
legislation.
VI. Courts may apply to the Constitution Cour t of the Azerbaijan Republic in connection
with matters of enjoyment the rights and fr eedoms for interpretation of the Constitution
and laws of the Azerbaijan Republic in an orde r established by the legislation of the
Azerbaijan Republic.
VII. For decision of questions, specified in clau ses 1-7 of the section III of this Article by
Constitutional Court of the Azerbaijan Republic
in an order established by the
legislation, authorised representative for human rights may apply with inquiry to the
Constitutional Court of the Azerbaijan Republic regarding normative acts of legislative
and executive power bodies, municipalities and legal acts, violating human rights and
freedoms.
VII. Constitutional Court of the Azerbaijan Republic exercises also other authorities
envisaged in the present Constitution.
IX. Constitutional Court of the Azerbaijan Republic takes decisions as regards the
questions of its competence. Decisions of Constitutional C ourt of the Azerbaijan Republic
are obligatory all over the territory of the Azerbaijan Republic.
X. Laws and other acts, individual provisions of these documents, intergovernmental
agreements of the Azerbaijan Republic cease to be valid in term specified in the decision
of Constitutional Court of the Azerbaijan Republic, and interstate agreements of the
Azerbaijan Republic do not come into force.
(1)
Article 131. Supreme Court of the Azerbaijan Republic
I. Supreme Court of the Azerbaijan Republic is the highest judicial body on civil,
criminal, administrativ e and other cases directed to gene ral and specialized law courts;
it exercises justice in a cassation order; gives explanations as per practices in activity of
law courts in an order en visaged by legislation;.
II. Judges of Supreme Court of the Azerbaijan Republic are appointed by Milli Majlis of
the Azerbaijan Republic on recommendation of the President of the Azerbaijan Republic.
(1)
Article 132. Courts of Appeal of the Azerbaijan Republic
I. Courts of Appeal of the Azerbaijan Republic are the highest courts on settlement of
matters falling under their competence.

II. Judges of the Courts of Appeal of the Azerbaijan Republic are appointed by Milli
Majlis of the Azerbaijan Republic on recomme ndation of the President of the Azerbaijan
Republic.
(1)
Article 133. Procurator’s Offi ce of the Azerbaijan Republic
I. In an order and cases specified by legislation, Proc urator’s Office of the Azerbaijan
Republic exercises control over fulfilment and application of laws; in cases envisaged by
legislation it undertakes prosecution and ca rries out investigation; supports state
incrimination in the law court; brings in an ac tion in the law court; remonstrates against
decisions of law court.
II. Procurator’s Office of the Azerbaijan Re public is an integral centralized body based
on subordination of territorial and specialized procurators to General Procurator of the
Azerbaijan Republic.
III. General Procurator of the Azerbaijan Re public is appointed to his post and dismissed
from it by the President of the Azerbaijan Republic, on consent of Milli Majlis of the
Azerbaijan Republic.
IV. Deputies of General Procurator of the Azerbaijan Republic, procurators supervising
specialized republican procurat or’s offices, procurator of Nakhichevan Autonomous
Republic are appointed to their posts and dismis sed from their posts by the President of
the Azerbaijan Republic on recommendation of General Procurator of the Azerbaijan
Republic.
IV. Territorial and specialised procurators are appointed to their posts and dismissed by
General Procurator of the Azerbaijan Republic on agreement with the President of the
Azerbaijan Republic.
(1)
Chapter VIII. Nakhichevan Autonomous Republic
Article 134. Status of Nakhichevan Autonomous Republic
I. Nakhichevan Autonomous Republic is autonomous state within the Azerbaijan
Republic.
II. Status of Nakhichevan Autonomous Republic is defined in the present Constitution.
III. Nakhichevan Autonomous Republic is an integral part of the Azerbaijan Republic.
IV. Constitution of the Azerbaijan Republic, laws of the Azerbaijan Republic, decrees of
the President of the Azerbaijan Republic and decrees of Cabinet of Ministers of the
Azerbaijan Republic are obligatory on the territory of Nakhichevan Autonomous
Republic.
V. Constitution and laws of Nakhichevan Autono mous Republic accepted by Ali Majlis of
Nakhichevan Autonomous Republic shall not contradict respectively to Constitution and
laws of the Azerbaijan Republic; decrees accepted by Cabinet of Ministers of
Nakhichevan Autonomous Republic—to Cons titution and laws of the Azerbaijan
Republic, decrees of the President of the Az erbaijan Republic and decrees of Cabinet of
Ministers of the Azerbaijan Republic.

VI. Constitution of Nakhichevan Autonomous Republic shall be submitted to Milli Majlis
of the Azerbaijan Republic by the President of the Azerbaijan Republic and approved by
the Constitutional law.
(1)
Article 135. Division of powers in Nakhichevan Autonomous Republic
I. Legislative power in Nakhichevan Autonomous Republic is implemented by Ali Majlis
of Nakhichevan Autonomous Republic, executive power – by the Cabinet of Ministers of
Nakhichevan Autonomous Republic, judicial power—by law courts of Nakhichevan
Autonomous Republic.
II. Ali Majlis of Nakhichevan Autonomous Re public independently settles questions which
according to Constitution and laws of the Azerbaijan Republic fall under its competence;
Cabinet of Ministers of Nakhichevan Autonomous Repub lic independently settles
questions which according to Constitution and laws of the Azerba ijan Republic, decrees
of the President of the Azerbaijan Republic fall under its competence; law courts of
Nakhichevan Autonomous Republic independent ly settle questions which according to
Constitution and laws of the Azerbaijan Republic fall under their competence.
Article 136. The highest official of Nakhichevan Autonomous Republic
Chairman of Ali Majlis of Nakhichevan Autonomous Republic is the highest official of
Nakhichevan Autonomous Republic.
Article 137. Ali Majlis of Nakhichevan Autonomous Republic
I. Ali Majlis of Nakhichevan Autonomous Republic consists of 45 members.
II. Term of authority of Ali Majlis of Nakhichevan Autonomous Republic is 5 years.
III. Ali Majlis of Nakhichevan Autonomous Republic elects chairman of Ali Majlis of
Nakhichevan Autonomous Republic and his de puties, establishes permanent and other
commissions.
Article 138. Competence of Ali Majlis of Nakhichevan Autonomous Republic
I. Ali Majlis of Nakhichevan Autonomous Republic establishes general procedures
concerning the following:
o elections to Ali Majlis of Nakhichevan Autonomous Republic;
o taxes;
o routes of economic development of Nakhichevan Autonomous Republic;
o social maintenance;
o protection of environment;
o tourism;
o protection of health, science, culture.
II. Ali Majlis of Nakhichevan Autonomous Republic accepts laws related to questions
specified in the present Article.
Article 139. Questions solved by Ali Ma jlis of Nakhichevan Autonomous Republic

I. Ali Majlis of Nakhichevan Autonomous Republic takes decisions concerning the
following questions:
o organisation of work in Ali Majlis of Nakhichevan Autonomous Republic;
o approval of the budget of Nakhichevan Autonomous Republic;
o approval of economic and social pr ograms of Nakhichevan Autonomous
Republic;
o appointment and dismissal of Prime-minister of Nakhichevan Autonomous
Republic;
o approval of composition of Cabinet of Ministers of Nakhichevan Autonomous
Republic;
o decisions concerning vote of confidence in Cabinet of Ministers of Nakhichevan
Autonomous Republic.
II. Ali Majlis of Nakhichevan Autonomous Republic issues decree concerning questions
specified in the present Article.
Article 140. Cabinet of Ministers of Nakhichevan Autonomous Republic
I. Composition of Cabinet of Ministers of Nakhichevan Autonomous Republic
recommended by Prime-minister of Nakhic hevan Autonomous Republic is approved by
Ali Majlis of Nakhichevan Autonomous Republic.
II. Prime-minister of Nakhichevan Autonomous Republic is appointed by Ali Majlis of
Nakhichevan Autonomous Republic on reco mmendation by the President of the
Azerbaijan Republic.
III. Cabinet of Ministers of Na khichevan Autonomous Republic:
o prepares draft of budget of Autonomous Republic and presents it for approval by
Ali Majlis of Nakhicheva n Autonomous Republic;
o implements the budget of Autonomous Republic;
o provides implementation of economic programs of Autonomous Republic;
o provides implementation of social programs of Autonomous Republic;
o settles other questions delegat ed to it by the President of the Azerbaijan Republic.
IV. Cabinet of Ministers of Nakhichev an Autonomous Republic issues orders and
decrees.
Article 141. Local executive power in Nakhichevan Autonomous Republic
In Nakhichevan Autonomous Republic heads of local executive power bodies are
appointed by the President of the Azer baijan Republic on recommendation of the
Chairman of Ali Majlis of Nakhichevan Autonomous Republic.
Section 4. Local self-government
Chapter IX. Municipalities
Article 142. Organisation of local self-government

I. Local self-government is carried out by municipalities.
II. Municipalities are formed based on elections.
III. Principles of municipalities status are stipulated by this Constitution and procedure
of elections to municipalitie s is specified by the law.
(1)
Article 143. Organisation of work of municipalities
I. Activity of municipalities is carried out by way of meetings, permanent and other
commissions.
II. Meetings of muni cipalities are summoned by their chairmen.
Article 144. Authority of municipalities
I. The following questions are settled at the meetings of municipalities:
o recognition of authority of municipality members, loss of their authority and
termination of their authority according to legislation;
o approval of in-house regula tions of municipality;
o elections of the chairman of municipa lity, his deputies, permanent and other
commissions;
o establishment of local taxes and duties;
o approval of local budget and reports on its implementation;
o possession of municipal property, use and disposal thereof;
o acceptance and implementation of local progr ams of social protection and social
development;
o acceptance and implementation of local programs of economic development;
o acceptance and implementation of local ecological programs.
II. Municipalities may be given additional aut horities of legislative and executive power.
To implement these authorities respective financing is required.
Implementation of such authorities will be controlled respectively by legislative and
executive power bodies.
Article 145. Decisions of municipalities
I. Concerning the agenda of the meetings of municipality decisions shall be taken.
II. Decisions at the meetings of municipalit y are taken by simple majority of voting
members of municipality.
III. Decisions related to local taxes and duties are taken by majority of two thirds of votes
of municipality members.
Article 146. Guarantee of invi olability of municipalities
Legal protection of municipalities, compen sation of additional expenditures resulted
from decisions made by state bodies are guaranteed.

Section 5. The right and the law
Chapter 10. Legislative system
Article 147. Legal force of Consti tution of the Azerbaijan Republic
I. Constitution of the Azerbaijan Republic possesses highest legal power.
II. Constitution of the Azerbaijan Re public possesses direct legal power.
III. Constitution of the Azerbaijan Republic is the basis of legislative system of the
Azerbaijan Republic.
Article 148. Acts constituting legislat ive system of the Azerbaijan Republic
I. Legislative system consists of the following normative-legal acts:
o Constitution;
o acts accepted by referendum;
o laws;
o orders;
o decrees of Cabinet of Minister s of the Azerbaijan Republic;
o normative acts of central executive power bodies.
II. International agreements wherein the Azerbaijan Republic is one of the parties
constitute an integral part of legisl ative system of the Azerbaijan Republic.
III. In Nakhichevan Autonomous Republic Constitution and laws of Nakhichevan
Autonomous Republic, decrees of the Cabinet of Ministers of Na khichevan Autonomous
Republic also possess legal power.
IV. Legislative system of Nakhicheva n Autonomous Republic should conform to
legislative system of the Azerbaijan Republic.
V. Within the limits of their authority local bodies of executive power may accept
normative acts not contradicting acts constituting the legislative system.
Article 149. Normative-legal acts
I. Normative-legal acts should be based on law and justice (same attitude to equal
interests).
II. Use and implementation of acts taken by referendum is obligatory for citizens,
legislative, executive and judicial power bodies, legal entities and municipalities only
after their publication.
III. The laws should not contradict th e Constitution. Use and implementation of
published laws is obligatory for all citizens,
legislative, executive and judicial power
bodies, legal entities and municipalities.

IV. Decrees of the President of the Azerbaijan Republic should not contradict the
Constitution and laws of the Azerbaijan Republic. Use and implementation of published
decrees is obligatory for all citize ns, executive power bodies, legal entities.
V. Decrees of Cabinet of Ministers of the Azerbaijan Republic should not contradict the
Constitution, laws of the Azerbaijan Republic and decrees of the President of the
Azerbaijan Republic. Use and implementation of published decrees of the Cabinet of
Ministers is obligatory for citizens, central and local executive power bodies, legal
entities.
VI. Acts of central bodies of executive power should not contradict the Constitution, laws
of the Azerbaijan Republic, decrees of the Pr esident of the Azerbaijan Republic, decrees
of Cabinet of Ministers of the Azerbaijan Republic.
VII. Normative-legal acts improving legal sit uation of physical persons and legal entities,
eliminating or mitigat ing their legal responsibility ha ve reverse power. Other normative-
legal acts have no reverse power.
(1)
Article 150. Acts of municipalities
I. Acts taken by municipalities should be based on law and fairness (same attitude and
equal interests), should not contradict th e Constitution and laws of the Azerbaijan
Republic, decrees of the President of the Azerbaijan Republic, decrees of Cabinet of
Ministers of the Azerbaijan Republic (in Nakhichevan Autonomous Republic—also to
Constitution and laws of Nakhichevan Autonomous Republic, decrees of Cabinet of
Ministers of Nakhichevan Autonomous Republic).
II. Implementation of act taken by the municipality is obligatory for citizens living on this
territory and legal entities located on this territory.
Article 151. Legal value of international acts
Whenever there is disagreement between normative-legal acts in legislative system of the
Azerbaijan Republic (except Constitution of the Azerbaijan Republic and acts accepted
by way of referendum) and international agr eements wherein the Azerbaijan Republic is
one of the parties, provisions of international agreemen ts shall dominate.
Chapter XI. Changes in Constitution of the Azerbaijan Republic
Article 152. Procedure of introduction of changes into Constitution of the
Azerbaijan Republic
Changes in the text of the Constitution of th e Azerbaijan Republic may be made only by
way of referendum.
Article 153. Procedure of submit of proposals on changes in the text of
Constitution of the Azerbaijan Republic
If proposals about changes in the text of Constitution of the Azerbaijan Republic are
presented by Milli Majlis of the Azerbaijan Republic or the President of the Azerbaijan
Republic, then Constitutional Court of the Az erbaijan Republic should give its conclusion
beforehand.

Article 154. Limitations on authority of Constitutional Court of the Azerbaijan
Republic
Constitutional Court of the Azerbaijan Republic shall not take decisions concerning
changes in the text of Constitution of the Azerbaijan Republic made by way of
referendum.
Article 155. Limitations on initiative on in troduction of changes into Constitution
of the Azerbaijan Republic
Proposals about changes or abolition in Articles 1, 2, 6, 7, 8 and 21, repeal of human
and civil rights and freedoms envisaged in Chapter 3 of this Constitution or restriction to
a greater extent than stipulated by interna tional treaties, the participant of which is
Azerbaijan Republic are not subject to referendum.
(1)
Chapter XII. Amendments to the Co nstitution of the Azerbaijan Republic
Article 156. Procedure of introduction of am endments to the Constitution of the
Azerbaijan Republic
I. Amendments to the Constitution of the Az erbaijan Republic are taken in the form of
Constitutional laws in Milli Ma jlis of the Azerbaijan Republic, by majority of 95 votes.
II. Constitutional laws on amendments to C onstitution of the Azerbaijan Republic are put
to the vote in Milli Majlis of the Azerbaijan Republic twice. The second voting shall be
held 6 months after the first one.
III. Constitutional laws on amendments to Constitution of the Azerbaijan Republic are
submitted to the President of the Azerbaijan Republic for signing in an order envisaged
in the present Constitution for laws, both after the first and after the second voting.
IV. Constitutional laws and amendments to the Constitution of the Azerbaijan Republic
become valid after they have been signed by the President of the Azerbaijan Republic
after the second voting.
V. Constitutional laws on amendments are in tegral part of Constitution of the Azerbaijan
Republic and should not contradict main text of Constitution of the Azerbaijan Republic.
Article 157. Initiative on introduction of amendments to Constitution of the
Azerbaijan Republic
Amendments to Constitution of the Azer baijan Republic may be proposed by the
President of the Azerbaijan Republic or at least by 63 deputies of Milli Majlis of the
Azerbaijan Republic.
Article 158. Limitations on initiative on introduction of amendments to the
Constitution of the Azerbaijan Republic
Introduction of amendments to the Constitu tion of the Azerbaijan Republic cannot be
proposed in connection with provisions speci fied in first chapter of this Constitution.
(1)

Transitional clauses
1. Constitution of the Azerbaijan Republic comes into force after it has been accepted by
referendum, from the day of its official publication. Constitution (Main Law) of the
Azerbaijan Republic accepted on 21 April, 1978 becomes null and void from the day
when the present Constitution came into force.
2. The President of the Azerbaijan Republic elected before the present Constitution of the
Azerbaijan Republic came into force shall carry out powers delegated to the President of
the Azerbaijan Republic by the present Constitution.
3. Paragraph 5 of Article 101 of the present Co nstitution is valid for the President of the
Azerbaijan Republic elected after the a cceptance of the present Constitution.
4. Powers of people’s deputies of the Azerba ijan Republic and Milli Majlis formed by
Supreme Council of the Azerbaijan Republic expir e on a day of the first meeting of newly
elected Milli Majlis of the Azerbaijan Republic.
The first meeting of newly elected Milli Majli s of the Azerbaijan Republic shall be held a
week after at least 83 deputie s of Milli Majlis of the Azerbaijan Republic have been
elected. The first session of Mi lli Majlis of the Azerbaijan Republic will continue till 31
May, 1996.
Article 85 of the Law of the Azerbaijan Repub lic «On elections to Milli Majlis of the
Azerbaijan Republic» accepted on 15 August, 1995 remains valid till expiration of
powers of the first calling of Milli Majlis of the Azerbaijan Republic elected based on
said law.
5. From the day of acceptance of the presen t Constitution Cabinet of Ministers of the
Azerbaijan Republic carries out powers delegated to it by the present Constitution.
6. From the day when the present Constitution comes into force authority of local
Councils of people’s deputies of the Azerbaijan Republic are terminated.
Authority delegated by legislation of the Azerbaijan Republic to local Councils of
people’s deputies of the Azerbaijan Republic are carried out by local executive power
bodies.
7. After the present Constitution comes into force, the law on local self-government
should be taken and elections to municipa lities must take place within 2 years.
8. Provisions of laws and other normative- legal acts acting on the territory of the
Azerbaijan Republic before acceptance of the present Constitution remain valid if they do
not contradict the present Constitution.
9. Law courts of the Azerbaijan Republic acting before acceptance of the present
Constitution shall carry out justice in accor dance with authority and principles specified
in the present Constitution.
10. From the day when the present Constitution comes into force, within one year laws
on status of judges, ju dicial system and judicial reform should be taken in line with the
present Constitution and judges of the Azerbaijan Republic must be appointed anew.

Until said laws are taken appointment of judges to their posts and their dismissal will be
done based on legislation which existed before the present Constitution came into force.
11. From the day when the present Constitution comes into force, within one year the
Law of the Azerbaijan Republic about Constitutional Court of the Azerbaijan Republic
shall be taken and Constitutional Court of the Azerbaijan Republic shall be established.
Until the Constitutional Court of the Azerba ijan Republic is established authority of
Constitutional Court of the Azerbaijan Repub lic envisaged by the present Constitution
shall not be implemented. Question envis aged in paragraph 7, clause 3 of Article 130 of
the present Constitution will be solved by Supreme Court of the Azerbaijan Republic.
12. From the day when the present Constitution comes into force the Higher Arbitration
Court of the Azerbaijan Republic is called Ec onomical Court of the Azerbaijan Republic
and carries out powers defined by existing legislation.
No 00
12 November, 1995

List of documents, amending
Constitution of the Azerbaijan Republic
1. Decree of the Constitutional Court of the Azerbaijan Republic as of 2
1 June, 2002
— «Azerbaijan» newspaper (22 June, 2002, № 140);
Decision of the Central Election Committe e of the Azerbaijan Republic as of 29
August, 2002, № 99/372 — «Azerbaijan» newspaper (19 June, 2002, № 216).
2. Decree of the Constitutional Court of the Azerbaijan Republic of 1 August, 2003:
«Legal meaning of provision of article 100 of Constitution of Azerbaijan Republic
«…having no liabilities in other states…» imp lies lack of liabilities, arouse in
connection with existence of relations, leading to connection of the citizen with foreign
states and dependence on them. Such obligations may be also obligations resulting in
maintenance of long-term, strong and stable relations, arising as a result of long-term
living abroad, and also registra tion, tax obligations, stay on the territory of country
within a period of more than stipulated an d other obligations of political right and
other similar obligations» — «Azerbaijan» newspaper (3 August, 2003, № 176).

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Non-official translation