05 December 2022-ci il

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CONSTITUTION


 

The Constitution of the Republic of Azerbaijan

Chapter I. PEOPLE'S POWER

Article 1. The source of power

I. The sole source of state power in the Azerbaijan Republic is the people of Azerbaijan.

II. People of Azerbaijan are citizens of the Azerbaijan Republic 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 standards of international legislation.

Article 2. Sovereignty of people

I. Sovereign right of the Azerbaijani people is the right of free and independent determination of their destiny and establishment 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 Azerbaijan Republic and introduction of amendments thereto;

2. change of state borders of the Azerbaijan Republic.

III. The referendum can not be held with respect to the following issues:

1. Taxation and state budget

2. Amnesty and pardon

3. "Election, appointment or approval of the officials, whose election, appointment or approval has been accordingly referred to the competences of the legislative and (or) executive bodies".

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 Azerbaijani people constitutes the basis of the Azerbaijani state. Azerbaijan Republic is mutual 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 social group or organization, no individual may usurp the right for execution of power.

II. Usurpation of power is the gravest crime against the people.

Chapter II. BASIS OF STATE

Article 7. Azerbaijani state

1. Azerbaijani 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 policy-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 Republic exercises legislative power;

· executive power belongs to the President of the Azerbaijan Republic;

· law courts of the Azerbaijan Republic exercise judicial power.

IV. According to provisions of the present Constitution legislative, executive and judicial power interact and are independent within the limits of their authority.

Article 8. The Head of the Azerbaijani state

I. The President of the Azerbaijan Republic is the Head of the Azerbaijani state. He represents Azerbaijani state both within the country and in its relations with foreign countries.

II. The President of the Azerbaijan Republic represents unity of Azerbaijani people and provides continuity of the Azerbaijani statehood.

III. The President of the Azerbaijan Republic is guarantor of independence and territorial integrity of the Azerbaijani state, observance 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 settlement 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 Azerbaijan Republic is sole, inviolable and indivisible.

II. Internal waters of the Azerbaijan Republic, sector of the 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 Majlis of the Azerbaijan Republic.

Article 12. The highest priority objective of the state

I. Ensuring the rights and liberties of a person and a citizen, decent living conditions for the citizens of the Republic of Azerbaijan is the highest objective of the State.

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 restriction of rights and liberties of a person and citizen, interests of society and 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 Azerbaijani state creates conditions for development of a socially oriented economy, guarantees free business activity, prevents monopoly and unfair competition in economic relations.

Article 16. Social development and state

I. Azerbaijani state takes care about improvement of prosperity of all people and each citizen, their social protection and proper living conditions.

II. Azerbaijani state participates in development of culture, education, public health, science, arts, protects environment, historical, material and spiritual heritage of people.

Article 17. Family, Children, and the 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.

III. Children who do not have parents or guardians and are deprived of parental care are under the protection of the State.

IV. It is prohibited to involve children in activities that may cause threat to their lives, health, and morality.

V. Children under the age of 15 may not be employed for work.

VI. The State implements children’s rights.

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 religion (religious movements), humiliating people's 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 the Central National Bank has the right to introduce money into and to withdraw money from circulation. The Central National Bank of the Republic of Azerbaijan 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 Azerbaijani state or coup shall not be accepted by the Azerbaijan Republic as liabilities and paid.

Article 21. Official language

I. Azerbaijani language is official language of the Azerbaijan Republic. Azerbaijan Republic provides development of the Azerbaijani 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 Azerbaijani state

I. State flag of the Azerbaijan Republic, State Emblem of the Azerbaijan Republic and State hymn of the Azerbaijan Republic are state symbols of the Azerbaijan Republic.

II. State flag of the Azerbaijan Republic consists of three horizontal stripes of same width. Upper stripe is blue, middle stripe 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 Azerbaijan Republic and State Emblem of the Azerbaijan Republic, music and text of State hymn of the Azerbaijan Republic are specified by Constitutional Law of the Azerbaijan Republic.

Chapter III. BASIC RIGHTS AND LIBERTIES 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 possesses inviolable and inalienable rights and liberties.

II. Rights and liberties envisage 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 and liberties of everyone, irrespective of race, nationality, religion, language, sex, origin, financial position, 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, conviction, political and social belonging.

IV. No one may be harmed, granted allowances or privileges, or deprived from granting allowances and privileges on the basis of the grounds elaborated in Part III of this Article.

V. Equal rights shall be provided for everyone in relationship to the state institutions making decisions on rights and responsibilities and those having the competencies of state authority.

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 other cases envisaged by law, right of every person for life is inviolable.

III. Death penalty, until it is completely annulled, may be applied legally only in cases of especially grave crime against the state, 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 should be caught, to prevent a prisoner from running away, to prevent revolt against the state or coup.

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 Azerbaijan 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 property. 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 property 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 for intellectual property.

II. Copyright, patent rights and other rights for intellectual property 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 prohibited 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 to keep secret private or family life. It is prohibited to interfere with private or family life, except in cases established by law. Everyone has the right to be protected from unlawful interference in his or her private and family life.

III. It is not allowed to obtain, keep, use and disseminate information about a person’s private life without his or her consent. No one may be subjected to being followed, videotaped or photographed, tape recorded or subjected to other similar actions without his or her consent save activities in cases prescribed by law.

IV. The state guarantees everyone the right for confidentiality with respect to correspondence, telephone communications, post, 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.

V. Everyone may become familiar with the materials collected in regards to him or her save in cases prescribed by law. Everyone has a right to demand correction or elimination of the information collected in regards to him or her, which does not correspond to the truth, is incomplete or collected through violation of the provisions of law.

Article 33. Right for 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 reaching the age specified by legislation.

II. Marriages shall be concluded voluntarily. Nobody should be forced into marriage.

III. Family and marriage are protected by state. 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 independently, 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 voluntarily. 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; forced labor is permissible due to orders of authorized persons during the term 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 receive 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 and 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 for 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 protection 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 cases envisaged by legislation.

IV. Minimum sum of pensions and social allowances is specified by law.

V. The state creates possibilities for development of charitable 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 information about true ecological situation and to get compensation for damage done to his/her health and property because of violation of ecological requirements.

III. No one may cause threat or damage to the environment and natural resources to the extent that it is higher than the limit prescribed by law.

IV. The state guarantees the preservation of ecological balance and protection of the species of wild plants and animals determined by law.

Article 40. Right for culture

I. Everyone has the right to take part in cultural life, to use organizations and values of culture.

II. Everyone must respect historical, 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 forms 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 obligatory secondary education.

III. The system of education is under the state control.

IV. The state guarantees continuation 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 living 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 mother tongue. Everyone has the right to be educated, carry out creative activity 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, scientific 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 attitude 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 rituals, however this should not violate public order and contradict public morals.

IV. Religious beliefs and convictions do not excuse infringements of the law.

V. No one shall be forced to express (to demonstrate) his or her religious faith and belief, to execute religious rituals and participate in religious ceremonies.

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.

III. Everyone’s right to refute or react to the information published in the media and violating his or her rights or damaging his or her reputation shall be guaranteed.

Article 51. Freedom of creative activity

I. Everyone is free to carry out creative activity.

II. The state guarantees freedom in literary-artistic, 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 Azerbaijan Republic. A person born on the territory of the Azerbaijan 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 citizen 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 Azerbaijan Republic may be expelled from the Azerbaijan Republic or extradited to foreign state.

III. The Azerbaijan Republic ensures legal protection and patronizes citizens of the Azerbaijan Republic temporarily or permanently living outside the Republic.

Article 54. Right to take part in political life of society and state

I. Citizens of the Azerbaijan Republic 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 the 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 themselves 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. Electoral right

I. Citizens of the Azerbaijan Republic have the 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 the 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 existing 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 part thereof is prohibited. Activity of unions which violates the Constitution and laws might be stopped by decision of law court.

Article 59. Right for business activity

Everyone may, using his/her possibilities, abilities and property, according to existing legislation, individually or together with other citizens, carry out business activity or other kinds of economic activity not prohibited by the law.

Article 60. Guarantee of rights and liberties by law court

I. Legal protection of rights and liberties of every citizen is ensured.

II. Everyone may appeal to law court regarding 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 obtaining qualified legal advice.

II. IIn specific cases envisaged by legislation legal advice shall be rendered free, at the governmental expense.

III. Every citizen has the right for the lawyer's advice from the moment of detention, arrest or accusation with crime by competent state bodies.

Article 62. Inadmissibility of change of legal jurisdiction

Everyone has the right for consideration of his/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. Presumption of innocence

I. Everyone is entitled for presumption of innocence. Everyone who is accused of crime shall be considered innocent until his guilt is proved legally and if no verdict of law court has been brought into force.

II. A person under suspicion of crime 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 the right to appeal, as specified by the law, to the higher law court asking for reconsideration 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/herself, wife (husband), children, parents, brother, sister. Complete list of relations against whom testifying is not obligatory is specified by law.

Article 67. Rights of Those Detained, Arrested and Accused charged of a Crime

I. Every person who has been detained, arrested, accused charged of a crime by an authorized state body shall be informed immediately about his or her rights, and reasons for the detention, arrest, and institution of criminal proceedings shall be explained.

II. Every person accused of a criminal offence shall be heard before being sentenced.

Article 68. Right for compensation of losses

I. Rights of the person suffered from crime 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 the state of losses borne as a result of illegal actions or non-action of state 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 agreement 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 legal standards and laws of the Azerbaijan Republic.

Article 70. Right for political refuge

I. In accordance with recognized international legal standards 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. Everyone’s rights and freedoms are limited by the grounds provided for in this Constitution and laws, as well as by the rights and freedoms of others.

III. Rights and liberties of a human being and citizen may be partially and temporarily restricted on announcement of war, martial law and state of emergency, and also mobilization, taking into consideration international obligations of the Azerbaijan Republic. Population of the Republic shall be notified in advance about 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 act 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 which were not considered criminal at the moment of their implementation. If after the crime new law was introduced envisaging no responsibility or mitigation of responsibility, said new law shall apply.

IX. Everyone may conduct actions not prohibited by law and no one may be forced to conduct actions not envisaged by law.

X. The state institutions may function only on the basis of this Constitution, in the manner and within the boundaries prescribed by law.

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. Duties may be imposed on everyone only by this Constitution or law.

II. Everyone must follow provisions of the Constitution and Laws of the Azerbaijan Republic, respect rights and liberties of other 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 duties in-time and in full volume as required.

II. Nobody may be forced to pay taxes and other state 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 dismissed and will not be able to take this position if he/she was accused in crime against the state, including rebellion or state coup and has been sentenced based on this accusation.

Article 75. Respect for state symbols

I. Every citizen must respect the state symbols of the Republic of

Azerbaijan – its flag, state emblem, and anthem.

II. Expression of disrespect to the state symbols shall involve liability as determined by law.

Article 76. Defence of motherland

I. Defence of motherland is duty of any citizen. Citizens of the Republic serve in the army according to legislation.

II. If beliefs of citizens come into conflict with service in the army then in some cases envisaged by legislation alternative service instead of regular army service is permitted.

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 obligations contradicting the Constitution and laws of the Azerbaijan Republic.

Article 80. Responsibility

Violation of provisions of the present Constitution 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.

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 Azerbaijan Republic are elected based on majority voting systems and general, equal and direct elections by way of free, individual and secret voting.

Article 84. Term of authority 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. In case the conduct of elections to the Milli Majlis of the Republic of Azerbaijan may not be held due to military operations under a state of war, the term of office of the Milli Majlis of the Republic of Azerbaijan shall be extended until the end of military operations. The decision of this matter shall be adopted by the Constitutional Court of the Republic of Azerbaijan on the basis of the application of the state body organizing elections (referendum).

II. Elections for each calling of Milli Majlis of the Azerbaijan Republic take place every 5 years on a first Sunday of November.

III. Term of authority of deputies 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 term 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 Republic 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 creative activity, religious men, persons whose incapacity has been confirmed by law court, those condemned for grave crime, serving a sentence due to verdict of law court may not be elected the deputies of Milli Majlis of the Azerbaijan Republic.

Article 86. Inspection and approval 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 Milli 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 remains to the end of term of authority of Milli Majlis of the Azerbaijan Republic.

III. Milli Majlis of the Azerbaijan Republic will have powers after authority of 83 of its deputies has been approved.

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 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.

IV. The assemblies of the sessions of the Milli Majlis of the Republic of Azerbaijan are open to the public. An assembly of the session of the Milli Majlis may be closed to the public upon the

claim of 83 members of parliament or the proposal by the President of the Republic of Azerbaijan.

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 Azerbaijan 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 there is valid verdict of law court;

4. on taking position in state bodies, post in religious organizations, involvement in business, commercial or other paid activity (except scientific, pedagogical and creative activity);

5. on a voluntary basis;

Decision about deprivation of the 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 other cases specified by law their authority is considered terminated. Procedure of taking respective decision is determined by the law.

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 deputy 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 arrested 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 Milli Majlis of the Azerbaijan Republic might be stopped only by decision of Milli Majlis of the Azerbaijan 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 Azerbaijan Republic, voting in Milli Majlis of the Azerbaijan Republic and statements made in Milli Majlis of the Azerbaijan Republic. Without the deputies' consent, in connection with such cases, they are not obliged to give explanations and evidence.

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

The Milli Majlis of the Republic of Azerbaijan shall determine its regulations of work and establish its bodies including election of chairperson and deputies, organization of committees standing and other commissions, establishment of 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. approval and termination of interstate and intergovernmental agreements envisaging laws different from the laws of the Republic of Azerbaijan;

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 Republ

Continuing the centuries-long statehood traditions, taking as a basis the principles expressed in the Constitution act "On the State Independence of the Republic of Azerbaijan", desiring to provide prosperity and welfare of the whole society and each individual, wishing to establish freedom and security, understanding the responsibility before the past, present and future generations, using the right of its sovereignty declares solemnly its following intentions:

 to protect the independence, sovereignty and territorial integrity of the Republic of Azerbaijan;

 to provide a democratic system within the frames of the Constitution;

 to achieve the establishment of a civil society;

 to build a law-based, secular state to provide the command of law as an expression of the will of the nation;

 to provide a worthy life level for everybody in conformity with just economic and social order;

 to remain faithful to univers



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