Constitution (2002) (excerpts)

Constitution of the Azerbaijan Republic

With modifications introduced to the Constitution as a result of Referendum held on 24 August 2002.

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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.

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Article 88. Sessions of Milli Majlis of the Azerbaijan Republic

I. Every year two spring and autumn sessions of Milli 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 shall 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 before 10 October or 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 Azerbaijan 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.

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Article 92. Organization of work of Milli Majlis of the Azerbaijan Republic

Milli Majlis of the Azerbaijan Republic determines procedure of its activity, elects its chairman and his deputies, organizes permanent 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 Azerbaijan Republic exercise their voting right personally.

IV. Specific orders to the bodies of executive power and law courts cannot be envisaged in laws and decrees of Milli Majlis 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 person 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 Azerbaijan Republic and status of deputies of Milli Majlis of the Azerbaijan Republic;

    4) referendum;

    5) judicial system and status 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 agreements, representation and inheritance;

    13) right of property, including legal regime of state, 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 violations 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 might 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 President of the Azerbaijan Republic establishment of diplomatic representations of the Azerbaijan Republic;

    3) administrative-territorial division;

    4) ratification and denunciation of international agreements;

    5) based on recommendation by the President of the Azerbaijan Republic approval of state budget of the Azerbaijan Republic and control over its execution;

    6) election of Ombudsman of Azerbaijan Republic upon recommendation of the President of Azerbaijan Republic;

    7) based on recommendation by the President 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 President of the Azerbaijan Republic giving consent for appointment of Prime-minister of the Azerbaijan Republic;

    10) based on recommendation by the President of the Azerbaijan Republic appointment of judges of Constitutional Court of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic and the Courts 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 Azerbaijan Republic by way of impeachment based on recommendation of Constitutional Court of the Azerbaijan Republic;

    13) based on recommendation by the President 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 President 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 President of the Azerbaijan Republic giving consent for enlistment of Military 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 conclusion 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 otherwise by the present Constitution.

III. Resolutions shall be also adopted with respect to other issues which, according to the present Constitution, fall within the competence of Milli Majlis of Azerbaijan Republic, the issues connected with the organization of the activity of Milli Majlis of Azerbaijan Republic as well as the issues where the opinions of Milli Majlis of Azerbaijan Republic are required.

IV. The first part of the present Article may be supplemented with the Constitutional law.

Article 96. Right of legislative initiative

I. Right of legislative initiative in Milli Majlis of the Azerbaijan Republic (right to submit for consideration by Milli Majlis 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, the Prosecutor’s Office of Azerbaijan Republic and Ali Majlis 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, Supreme Court of the Azerbaijan Republic, the Prosecutor’s Office of 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 the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic, the Prosecutor’s Office of Azerbaijan Republic or Ali Majlis of Nakhichevan Autonomous Republic, 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, the Prosecutor’s Office of Azerbaijan Republic or Ali Majlis of Nakhichevan Autonomous Republic urgent, then above specified term shall constitute 20 days.

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 Majlis of the Azerbaijan Republic themselves the law and decree become valid from the date of their publication.

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CHAPTER VI. Executive power

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Article 109. Competence of the President of the Azerbaijan Republic

The President of the Azerbaijan Republic:

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    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;

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    19) signs and issues laws;

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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 Azerbaijan 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 Republic fail to sign Constitutional laws they will not come into force. If Milli 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 previously 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 Azerbaijan Republic and also whenever there is real danger of armed attack against the Azerbaijan Republic, blockade of the territory of the Azerbaijan Republic and also in case of real threat of such blockade the President of the Azerbaijan Republic announces martial law all over the territory of the Azerbaijan Republic or in individual areas, and within 24 hours submits respective decree for approval by Milli Majlis of the Azerbaijan Republic.

Article 112. State of emergency

Whenever natural calamities take place, epidemic, epizootic, grave ecological and other disasters and also on accomplishment of acts aimed to violation of territorial integrity of the Azerbaijan Republic, revolt or state coup, with mass disorders accompanied by violence, other conflicts threatening life and safety of citizens, or normal activity of state bodies, the President of the 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 questions – 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.

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Article 120. Acts of Cabinet of Ministers 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.

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Section 5.

The right and the law

CHAPTER 10. Legislative system

Article 147. Legal force of Constitution of the Azerbaijan Republic

I. Constitution of the Azerbaijan Republic possesses highest legal power.

II. Constitution of the Azerbaijan Republic possesses direct legal power.

III. Constitution of the Azerbaijan Republic is the basis of legislative system of the Azerbaijan Republic.

Article 148. Acts constituting legislative system of the Azerbaijan Republic

I. Legislative system consists of the following normative-legal acts:

  • Constitution;
  • acts accepted by referendum;
  • laws;
  • orders;
  • decrees of Cabinet of Ministers of the Azerbaijan Republic;

normative acts of central executive power bodies.

II. International agreements wherein the Azerbaijan Republic is one of the parties constitute an integral part of legislative system of the Azerbaijan Republic.

III. In Nakhichevan Autonomous Republic Constitution and laws of Nakhichevan Autonomous Republic, decrees of the Cabinet of Ministers of Nakhichevan Autonomous Republic also possess legal power.

IV. Legislative system of Nakhichevan 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 the 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 citizens, 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 President of the Azerbaijan Republic, decrees of Cabinet of Ministers of the Azerbaijan Republic.

VII. Normative-legal acts improving legal situation of physical persons and legal entities, eliminating or mitigating their legal responsibility have reverse power. Other normative-legal acts have no reverse power.

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 the 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 agreements wherein the Azerbaijan Republic is one of the parties, provisions of international agreements shall dominate.

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