Legal Framework

Constitutional Provisions

Everyone shall have the right to associate with others.

Every person shall have the right to found any union, including political parties, trade unions and any other public unions, or to join an already existing union.  The free functioning of all unions shall be guaranteed.

No one may be forced to join a union or to remain its member.

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Legal Framework

Constitutional Provisions

Everyone shall have the right to associate with others.

Every person shall have the right to found any union, including political parties, trade unions and any other public unions, or to join an already existing union.  The free functioning of all unions shall be guaranteed.

No one may be forced to join a union or to remain its member.

The activity of unions which pursue the aim of overthrowing the legitimate State power in the whole territory of the Republic of Azerbaijan or in any part of it shall be prohibited.  The activity of unions which violate the Constitution and laws may be discontinued solely by a court order.(Art. 58 of the Constitution, as of 11 November, 1995)

Primary Legislation

Civil Code (General Part, Section 2, Chapter 4 - Legal Entities) (as of 1 September 2000).

Law “On Non-Governmental Organizations (Public Unions and Funds)” (as of 13 June 2000).

Law “On Political Parties” (as of 3 June 1992).

Law “On Trade Unions”(as of 24 February 1994).

Law “On State Registration and State Register of Legal Entities” (as of 9 January 2004) .

Law “On Grant” (as of 17 April 1998) .

Law “On Social Insurance” (as of 18 February 1997).

Secondary Legislation

Decree of the President “On Approval of the Regulations on Registration of Grant Contracts” (as of 15 February, 2004).

Possible Restrictions and suspensions

Only in cases of war and total mobilization and declaring of a state of emergency the state can temporarily restrict the implementation of basic human rights standards.  The population shall be notified in advance of restrictions on rights and freedoms (Art. 71 of the Constitution).

Along with the grounds for restrictions mentioned above the human rights may also be restricted with a view to guaranteeing the implementation of rights and freedoms of others and their protection (Art. 3.5 of the Constitutional Law On Regulating the Implementation of Human Rights and Freedoms in the Republic of Azerbaijan).  The rights and freedoms can be also restricted in the interest of public safety or national security, for the prevention of disorder or crime, for the protection of health or morals or of the rights and freedoms of others (Art. 3.6 of the Constitutional Law On Regulating the Implementation of Human Rights and Freedoms in the Republic of Azerbaijan).

Posted: June 2006

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