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DECREE

Of the President of the Azerbaijan Republic

"On Conducting Referendum on Amending the Constitution of the Azerbaijan Republic"

Taking into consideration of the necessity of amending to the Constitution of the Azerbaijan Republic with new provisions arising from the fact that the Azerbaijan Republic has joined the European Convention on Protection of Human Rights and Fundamental Freedoms, and implementation of courts reforms, and which are related to activities of the Milli Majlis and improvement of the election system of the Azerbaijan Republic, and in accordance with the Constitution of the Azerbaijan Republic, Article 3, Section II, Item 1 and Article 109, Item 19, I hereby decree the following:

Heydar Aliyev

President of the Azerbaijan Republic

June 22, 2002

Baku

Referendum Act

On Amending the Constitution of the Azerbaijan Republic

I. Article 3.III shall be as follows:

"III. The following issues cannot be put on for the referendum:

II. "execution of orders issued by authorized officials during martial law and state of emergency" shall be excluded from Article 27.IV.

III. "only" shall be excluded from Article 71.III.

IV. "by alternative military services" shall be replaced with "by alternative service" in Article 76.II.

V. "and proportional election systems" shall be replaced with "election system" in Article 83.

VI. "second next session" shall be replaced with "second next spring and autumn session"; Second, third and forth paragraphs shall be deleted. "till February 1" shall be replaced with "till October 10 or March 10" in sixth paragraph.

VII. Article 89.I.6 shall be deleted.

VIII. Article 95. IX:

item 6 shall be the following: "Election of ombudsman of the Azerbaijan Republic nominated by the President of the Azerbaijan Republic".

Item 19 shall be the following: "Amnesty"

Article 95.III shall be the following: "decisions on expressing the Milli Majlis’ relation on obligatory issues, decisions related to organization of the work of the Milli Majlis of the Azerbaijan Republic and other decisions as referred by Constitution to authorities of the Milli Majlis of the Azerbaijan Republic shall be adopted"

IX. Article 96.I and 96.V: "Public Prosecutor of the Azerbaijan Republic" shall be incorporated after "Supreme Court".

Article 96.II and 96.IV: "of Public Prosecutor of the Azerbaijan Republic" shall be after "of the Supreme Court".

X. "in 2/3 majority" shall be replaced with "more than half of majority votes" in Article 101.II; "simple" shall be deleted from Article 101.IV;

XI. "7" shall be replaced with "14" in Article 102.

XII. "Speaker of the Milli Majlis of the Azerbaijan Republic" shall be replaced with "Prime-Minister of the Azerbaijan Republic" in Article 105.I

"in case of resignation of the Speaker of the Milli Majlis of the Azerbaijan Republic" shall be replaced with "the Prime-Minister of the Azerbaijan Republic", "the Prime-Minister shall conduct execution" shall be replaced with "the Speaker of the Milli Majlis of the Azerbaijan Republic shall conduct execution" in Article 105.II

"of the Prime-Minister of the Azerbaijan Republic" shall be replaced with "the Speaker of the Milli Majlis of the Azerbaijan Republic" in Article 105.III

XII. Article 109.14 shall be as follows: "nominates the ombudsman of the Azerbaijan Republic to the Milli Majlis of the Azerbaijan Republic for his election"

XIV. "Economic Court" shall be replaced with "courts of Appeal" in Articles 95, 109 and 125.

XV. "upon conducting justice, expect for the implementation of the Constitution" shall be replaced with "under execution of the Criminal Court" in Article 125.IV

XVI. Item 7 shall be deleted from Article 130.III., and items 8 and 9 shall be considered as items 7 and 8, accordingly. Articles 130.V, 130.VI and 130.VII shall be considered as Articles 130.VIII, 130.IX. and 130.X, accordingly.

Article 130.V shall be as follows: "For resolution of issues indicated in Articles 130.III.1 and 130.III.7 by the Constitutional Court of the Azerbaijan Republic, everyone has the right to file complaints to the Constitutional Court of the Azerbaijan Republic, in accordance with rules specified by laws, against legal and normative acts of executive authorities and municipalities, as well as rulings of courts which violate individuals’ rights and freedoms, in order to restore the violated rights and freedoms"

Article VI shall be as follows: "the courts have the right to apply to the Constitutional Court of the Azerbaijan Republic in accordance with rules specified in laws in connection with comments of the Constitution and laws of the Azerbaijan Republic on issues related to implementation of human rights and freedoms."

Article VII shall be as follows: "For resolution of the issues indicated in Articles 130.II.1 and 130.III.7 by the Constitutional Court of the Azerbaijan Republic, the ombudsman of the Azerbaijan Republic can file an inquiry to the Constitutional Court of the Azerbaijan Republic regarding legal and normative acts of executive authorities and municipalities as well as rulings of courts, which violate human rights and freedoms in accordance with rules specified by laws."

XVII. "it supervises the work of general and specialized courts in the procedure rules as determined by laws" shall be replaced with "it conducts justice in cassation regulations" in Article 131.

XVIII. Article 132 shall be as follows: "Article 132. Courts of Appeal of the Azerbaijan Republic.

I. Courts of Appeal of the Azerbaijan Republic shall be the courts of high instance for cases they are authorized for by laws.

II. Judges of Courts of Appeal of the Azerbaijan Republic shall be appointed by the Milli Majlis of the Azerbaijan Republic upon nomination by the President of the Azerbaijan Republic."

XIX. "and cases" shall be added after "rules"; "the same way and correctly" be deleted in Article 133.I

XX. "the Constitution of the Nakchivan Autonomic Republic shall be presented to the Milli Majlis of the Azerbaijan Republic by the President of the Azerbaijan Republic and shall be approved by the Constitutional Law" shall be added in Article 134.VI.

XXI. Article 142.III shall be as follows: "Basis of status of municipalities shall be determined by this Constitution and regulations of municipal elections shall be determined by law."

XXII. "executive power" shall be replaced with "legislative, executive" in Article 149.III.

XXIII. "or their cancellation" shall be added after "amendments"; "provisions" shall be replaced with "cancellation of human and citizens’ rights and freedoms or for more than specified in international agreements party to which the Azerbaijan Republic is" in Article 155.

XXIV. Article 158 shall be as follows: "Article 158. Limitation of Initiation on Proposing of Amendments to the Constitution of the Azerbaijan Republic.

No amendments can be proposed to make in the Constitution of the Azerbaijan Republic, regarding provisions of the First Part of this Constitution ."