AR Constitution
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 Azerbaijan 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 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.
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 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. (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 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. (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 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
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) based on recommendation by the President of the Azerbaijan Republic election of authorised representative for human rights of the 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 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 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. Decrees are also taken regarding other questions which due to the present Constitution fall under the competence of Milli Majlis of the Azerbaijan Republic, questions connected with organisation of the work of Milli Majlis of the Azerbaijan Republic, questions requiring express of attitude of Milli Majlis of the Azerbaijan Republic.
IV.The fist part of the present Article may by supplemented by the Constitutional law. (1)
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, Public Prosecutor\\\\\\\\\\\\\\\'s Office of the 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, 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 the Azerbaijan Republic, Supreme 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 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 Majlis of Nakhichevan Autonomous Republic urgent, then above specified term shall 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 Majlis of the Azerbaijan Republic themselves the law and decree become valid from the date of their publication.
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 longer than 10 years, possessing voting right, without previous conviction, having no liabilities 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, with 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 first 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 present 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 the 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 President of the Azerbaijan Republic have been announced, with participation of judges of Constitutional Court of the Azerbaijan Republic takes an oath: «Carrying out powers of the President of the Azerbaijan Republic I swear to follow the Constitution 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 Constitutional 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 complete 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 the 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 will carry out powers of the President of the Azerbaijan Republic.
II. If during said term the Prime-Minister of the Azerbaijan Republic carrying out powers of the President of the Azerbaijan Republic resigns, becomes incapable of carrying out his powers due to illness, Chairman 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 Azerbaijan Republic takes decree about delegation of powers of the President of the Azerbaijan Republic to other official. (1)
Article 106. Immunity of the President of the Azerbaijan Republic
The President of the Azerbaijan Republic enjoys the right of personal immunity. Honor and dignity of the President of the Azerbaijan 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 Azerbaijan Republic based on conclusions of Supreme Court of the Azerbaijan Republic 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 Constitutional Court of the Azerbaijan Republic. If Constitutional Court of the Azerbaijan Republic fails 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 months from the date of application 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 President 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 Prime-minister of the Azerbaijan Republic;
5) appoints and dismisses members of Cabinet 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 Cabinet of Ministers of the Azerbaijan Republic;
7) establishes central and local 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 Majlis 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 Azerbaijan Republic appoints and dismisses General procurator of the Azerbaijan Republic;
10) submits recommendations to Milli Majlis 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 Azerbaijan Republic for approval military doctrine of the Azerbaijan Republic;
12) appoints and dismisses officers of higher rank to Military Forces of the Azerbaijan Republic;
13) forms the executive office of the President of the Azerbaijan Republic, appoints its head;
14) submits recommendations to Milli Majlis of the Azerbaijan Republic about appointment of authorized representative for human rights of the Azerbaijan Republic;
15) submits recommendations to Milli Majlis of the Azerbaijan Republic about establishment of diplomatic representations 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 intergovernmental agreements, presents interstate agreements to Milli Majlis of the Azerbaijan Republic for ratification and denunciation; signs decrees on ratification 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 Majlis 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 Azerbaijan 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 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.
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 Republic is subordinate to the President of the Azerbaijan Republic and reports to him.
IV. Procedure of activity of Cabinet of Ministers of the Azerbaijan 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, ministers 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 the President of the Azerbaijan Republic on consent of Milli Majlis of the Azerbaijan Republic.
II. Proposed candidature for the post of Prime-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 two 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 proposed. Should said procedure be violated, or candidatures proposed by the President of the Azerbaijan Republic for the post of Prime-minister of the Azerbaijan Republic be rejected three times, then the President of the Azerbaijan Republic may appoint Prime-minister 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:
-
- prepares draft of state budget of the Azerbaijan Republic and submits it to the President of the Azerbaijan Republic;
- provides implementation of state budget of the Azerbaijan Republic;
- provides implementation of financial-credit and monetary policy;
- provides implementation of state economic programs;
- provides implementation of state social programs;
- carries out control over ministries and other central bodies of executive power, annuls their acts;
- solves other questions delegated to it by the President of the Azerbaijan Republic.
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.
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 university 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 degree, 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, ministers, 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 creative activity, may not get remuneration other than their wages and money for scientific, 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 Procurator of the Azerbaijan Republic about the fact.
IV. Immunity of Prime- minister 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 bodies 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 prohibited. (1)
Article 126. Requirements to candidates to judges posts
I. Judges shall be citizens of the Azerbaijan Republic not younger than 30, having voting right, higher juridical education and at least 5-year working experience in the sphere of law.
II. Judges may not occupy any other posts, irrespective of the procedure - elections or appointment, may not be involved in business, commercial and other payable activity, except scientific, pedagogical and creative activity, may not be involved in political activity and join political parties, may not get remuneration other than their wages and money for scientific, pedagogical 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 parties, 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, threats 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 state, 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 proceedings are carried out in state language of the Azerbaijan Republic or in a language of majority 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 statements 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 responsibility 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 President 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 Republic within 30 days after his request.
V. Decision about dismissal of judges of Constitutional 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 Azerbaijan 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 courts and their implementation
Law courts take decisions on behalf of the state; 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 recommendation by the President of the Azerbaijan Republic.
III. Constitutional Court of the Azerbaijan Republic 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 the 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 Azerbaijan Republic, decrees and orders of the President of the Azerbaijan Republic, decrees 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 President of the Azerbaijan Republic, decrees of Cabinet of Ministers of the Azerbaijan Republic, normative-legal acts of central bodies of executive power to the 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 municipalities 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 decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic);
6) correspondence of interstate agreements of the Azerbaijan Republic, which have not yet become valid, to Constitution of the Azerbaijan Republic; correspondence of intergovernmental agreements 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 Nakhichevan Autonomous Republic, decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic to Constitution of the Azerbaijan Republic; correspondence of laws of Nakhichevan Autonomous Republic, decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic to laws of the Azerbaijan Republic; correspondence of decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic to decrees of the President of the Azerbaijan Republic and decrees of Cabinet 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 the 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 Azerbaijan Republic in an order established by the legislation.
VI. Courts may apply to the Constitution Court of the Azerbaijan Republic in connection with matters of enjoyment the rights and freedoms for interpretation of the Constitution and laws of the Azerbaijan Republic in an order established by the legislation of the Azerbaijan Republic.
VII. For decision of questions, specified in clauses 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 Court 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, administrative and other cases directed to general and specialized law courts; it exercises justice in a cassation order; gives explanations as per practices in activity of law courts in an order envisaged 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 recommendation of the President of the Azerbaijan Republic. (1)
Article 133. Procurator\\\\\\\\\\\\\\\'s Office of the Azerbaijan Republic
I. In an order and cases specified by legislation, Procurator\\\\\\\\\\\\\\\'s Office of the Azerbaijan Republic exercises control over fulfilment and application of laws; in cases envisaged by legislation it undertakes prosecution and carries out investigation; supports state incrimination in the law court; brings in an action in the law court; remonstrates against decisions of law court.
II. Procurator\\\\\\\\\\\\\\\'s Office of the Azerbaijan Republic 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 Republic 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 procurator\\\\\\\\\\\\\\\'s offices, procurator of Nakhichevan Autonomous Republic are appointed to their posts and dismissed 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 Autonomous 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 Constitution and laws of the Azerbaijan Republic, decrees of the President of the Azerbaijan 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 Republic independently settles questions which according to Constitution and laws of the Azerbaijan Republic fall under its competence; Cabinet of Ministers of Nakhichevan Autonomous Republic independently settles questions which according to Constitution and laws of the Azerbaijan Republic, decrees of the President of the Azerbaijan Republic fall under its competence; law courts of Nakhichevan Autonomous Republic independently 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 deputies, 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:
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- elections to Ali Majlis of Nakhichevan Autonomous Republic;
- taxes;
- routes of economic development of Nakhichevan Autonomous Republic;
- social maintenance;
- protection of environment;
- tourism;
- 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 Majlis of Nakhichevan Autonomous Republic
I. Ali Majlis of Nakhichevan Autonomous Republic takes decisions concerning the following questions:
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- organisation of work in Ali Majlis of Nakhichevan Autonomous Republic;
- approval of the budget of Nakhichevan Autonomous Republic;
- approval of economic and social programs of Nakhichevan Autonomous Republic;
- appointment and dismissal of Prime-minister of Nakhichevan Autonomous Republic;
- approval of composition of Cabinet of Ministers of Nakhichevan Autonomous Republic;
- 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 Nakhichevan 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 recommendation by the President of the Azerbaijan Republic.
III. Cabinet of Ministers of Nakhichevan Autonomous Republic:
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- prepares draft of budget of Autonomous Republic and presents it for approval by Ali Majlis of Nakhichevan Autonomous Republic;
- implements the budget of Autonomous Republic;
- provides implementation of economic programs of Autonomous Republic;
- provides implementation of social programs of Autonomous Republic;
- settles other questions delegated to it by the President of the Azerbaijan Republic.
IV. Cabinet of Ministers of Nakhichevan 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 Azerbaijan Republic on recommendation of the Chairman of Ali Majlis of Nakhichevan Autonomous Republic.