AR Constitution
Section 4. Local self-government
Chapter IX. Municipalities
Article 142. Organisation of local self-government
I. Local self-government is carried out by municipalities.
II. Municipalities are formed based on elections.
III. Principles of municipalities status are stipulated by this Constitution and procedure of elections to municipalities is specified by the law. (1)
Article 143. Organisation of work of municipalities
I. Activity of municipalities is carried out by way of meetings, permanent and other commissions.
II. Meetings of municipalities are summoned by their chairmen.
Article 144. Authority of municipalities
I. The following questions are settled at the meetings of municipalities:
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- recognition of authority of municipality members, loss of their authority and termination of their authority according to legislation;
- approval of in-house regulations of municipality;
- elections of the chairman of municipality, his deputies, permanent and other commissions;
- establishment of local taxes and duties;
- approval of local budget and reports on its implementation;
- possession of municipal property, use and disposal thereof;
- acceptance and implementation of local programs of social protection and social development;
- acceptance and implementation of local programs of economic development;
- acceptance and implementation of local ecological programs.
II. Municipalities may be given additional authorities of legislative and executive power. To implement these authorities respective financing is required.
Implementation of such authorities will be controlled respectively by legislative and executive power bodies.
Article 145. Decisions of municipalities
I. Concerning the agenda of the meetings of municipality decisions shall be taken.
II. Decisions at the meetings of municipality are taken by simple majority of voting members of municipality.
III. Decisions related to local taxes and duties are taken by majority of two thirds of votes of municipality members.
Article 146. Guarantee of inviolability of municipalities
Legal protection of municipalities, compensation of additional expenditures resulted from decisions made by state bodies are guaranteed.
Section 5. The right and the law
Chapter 10. Legislative system
Article 147. Legal force of Constitution of the Azerbaijan Republic
I. Constitution of the Azerbaijan Republic possesses highest legal power.
II. Constitution of the Azerbaijan Republic possesses direct legal power.
III. Constitution of the Azerbaijan Republic is the basis of legislative system of the Azerbaijan Republic.
Article 148. Acts constituting legislative system of the Azerbaijan Republic
I. Legislative system consists of the following normative-legal acts:
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- Constitution;
- acts accepted by referendum;
- laws;
- orders;
- decrees of Cabinet of Ministers of the Azerbaijan Republic;
- normative acts of central executive power bodies.
II. International agreements wherein the Azerbaijan Republic is one of the parties constitute an integral part of legislative system of the Azerbaijan Republic.
III. In Nakhichevan Autonomous Republic Constitution and laws of Nakhichevan Autonomous Republic, decrees of the Cabinet of Ministers of Nakhichevan Autonomous Republic also possess legal power.
IV. Legislative system of Nakhichevan Autonomous Republic should conform to legislative system of the Azerbaijan Republic.
V. Within the limits of their authority local bodies of executive power may accept normative acts not contradicting acts constituting the legislative system.
Article 149. Normative-legal acts
I. Normative-legal acts should be based on law and justice (same attitude to equal interests).
II. Use and implementation of acts taken by referendum is obligatory for citizens, legislative, executive and judicial power bodies, legal entities and municipalities only after their publication.
III. The laws should not contradict the Constitution. Use and implementation of published laws is obligatory for all citizens, legislative, executive and judicial power bodies, legal entities and municipalities.
IV. Decrees of the President of the Azerbaijan Republic should not contradict the Constitution and laws of the Azerbaijan Republic. Use and implementation of published decrees is obligatory for all citizens, executive power bodies, legal entities.
V. Decrees of Cabinet of Ministers of the Azerbaijan Republic should not contradict the Constitution, laws of the Azerbaijan Republic and decrees of the President of the Azerbaijan Republic. Use and implementation of published decrees of the Cabinet of Ministers is obligatory for citizens, central and local executive power bodies, legal entities.
VI. Acts of central bodies of executive power should not contradict the Constitution, laws of the Azerbaijan Republic, decrees of the President of the Azerbaijan Republic, decrees of Cabinet of Ministers of the Azerbaijan Republic.
VII. Normative-legal acts improving legal situation of physical persons and legal entities, eliminating or mitigating their legal responsibility have reverse power. Other normative-legal acts have no reverse power. (1)
Article 150. Acts of municipalities
I. Acts taken by municipalities should be based on law and fairness (same attitude and equal interests), should not contradict the Constitution and laws of the Azerbaijan Republic, decrees of the President of the Azerbaijan Republic, decrees of Cabinet of Ministers of the Azerbaijan Republic (in Nakhichevan Autonomous Republic-also to Constitution and laws of Nakhichevan Autonomous Republic, decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic).
II. Implementation of act taken by the municipality is obligatory for citizens living on this territory and legal entities located on this territory.
Article 151. Legal value of international acts
Whenever there is disagreement between normative-legal acts in legislative system of the Azerbaijan Republic (except Constitution of the Azerbaijan Republic and acts accepted by way of referendum) and international agreements wherein the Azerbaijan Republic is one of the parties, provisions of international agreements shall dominate.
Chapter XI. Changes in Constitution of the Azerbaijan Republic
Article 152. Procedure of introduction of changes into Constitution of the Azerbaijan Republic
Changes in the text of the Constitution of the Azerbaijan Republic may be made only by way of referendum.
Article 153. Procedure of submit of proposals on changes in the text of Constitution of the Azerbaijan Republic
If proposals about changes in the text of Constitution of the Azerbaijan Republic are presented by Milli Majlis of the Azerbaijan Republic or the President of the Azerbaijan Republic, then Constitutional Court of the Azerbaijan Republic should give its conclusion beforehand.
Article 154. Limitations on authority of Constitutional Court of the Azerbaijan Republic
Constitutional Court of the Azerbaijan Republic shall not take decisions concerning changes in the text of Constitution of the Azerbaijan Republic made by way of referendum.
Article 155. Limitations on initiative on introduction of changes into Constitution of the Azerbaijan Republic
Proposals about changes or abolition in Articles 1, 2, 6, 7, 8 and 21, repeal of human and civil rights and freedoms envisaged in Chapter 3 of this Constitution or restriction to a greater extent than stipulated by international treaties, the participant of which is Azerbaijan Republic are not subject to referendum. (1)
Chapter XII. Amendments to the Constitution of the Azerbaijan Republic
Article 156. Procedure of introduction of amendments to the Constitution of the Azerbaijan Republic
I. Amendments to the Constitution of the Azerbaijan Republic are taken in the form of Constitutional laws in Milli Majlis of the Azerbaijan Republic, by majority of 95 votes.
II. Constitutional laws on amendments to Constitution of the Azerbaijan Republic are put to the vote in Milli Majlis of the Azerbaijan Republic twice. The second voting shall be held 6 months after the first one.
III. Constitutional laws on amendments to Constitution of the Azerbaijan Republic are submitted to the President of the Azerbaijan Republic for signing in an order envisaged in the present Constitution for laws, both after the first and after the second voting.
IV. Constitutional laws and amendments to the Constitution of the Azerbaijan Republic become valid after they have been signed by the President of the Azerbaijan Republic after the second voting.
V. Constitutional laws on amendments are integral part of Constitution of the Azerbaijan Republic and should not contradict main text of Constitution of the Azerbaijan Republic.
Article 157. Initiative on introduction of amendments to Constitution of the Azerbaijan Republic
Amendments to Constitution of the Azerbaijan Republic may be proposed by the President of the Azerbaijan Republic or at least by 63 deputies of Milli Majlis of the Azerbaijan Republic.
Article 158. Limitations on initiative on introduction of amendments to the Constitution of the Azerbaijan Republic
Introduction of amendments to the Constitution of the Azerbaijan Republic cannot be proposed in connection with provisions specified in first chapter of this Constitution. (1)
Transitional clauses
1. Constitution of the Azerbaijan Republic comes into force after it has been accepted by referendum, from the day of its official publication. Constitution (Main Law) of the Azerbaijan Republic accepted on 21 April, 1978 becomes null and void from the day when the present Constitution came into force.
2. The President of the Azerbaijan Republic elected before the present Constitution of the Azerbaijan Republic came into force shall carry out powers delegated to the President of the Azerbaijan Republic by the present Constitution.
3. Paragraph 5 of Article 101 of the present Constitution is valid for the President of the Azerbaijan Republic elected after the acceptance of the present Constitution.
4. Powers of people\'s deputies of the Azerbaijan Republic and Milli Majlis formed by Supreme Council of the Azerbaijan Republic expire on a day of the first meeting of newly elected Milli Majlis of the Azerbaijan Republic.
The first meeting of newly elected Milli Majlis of the Azerbaijan Republic shall be held a week after at least 83 deputies of Milli Majlis of the Azerbaijan Republic have been elected. The first session of Milli Majlis of the Azerbaijan Republic will continue till 31 May, 1996.
Article 85 of the Law of the Azerbaijan Republic «On elections to Milli Majlis of the Azerbaijan Republic» accepted on 15 August, 1995 remains valid till expiration of powers of the first calling of Milli Majlis of the Azerbaijan Republic elected based on said law.
5. From the day of acceptance of the present Constitution Cabinet of Ministers of the Azerbaijan Republic carries out powers delegated to it by the present Constitution.
6. From the day when the present Constitution comes into force authority of local Councils of people\'s deputies of the Azerbaijan Republic are terminated.
Authority delegated by legislation of the Azerbaijan Republic to local Councils of people\'s deputies of the Azerbaijan Republic are carried out by local executive power bodies.
7. After the present Constitution comes into force, the law on local self-government should be taken and elections to municipalities must take place within 2 years.
8. Provisions of laws and other normative-legal acts acting on the territory of the Azerbaijan Republic before acceptance of the present Constitution remain valid if they do not contradict the present Constitution.
9. Law courts of the Azerbaijan Republic acting before acceptance of the present Constitution shall carry out justice in accordance with authority and principles specified in the present Constitution.
10. From the day when the present Constitution comes into force, within one year laws on status of judges, judicial system and judicial reform should be taken in line with the present Constitution and judges of the Azerbaijan Republic must be appointed anew.
Until said laws are taken appointment of judges to their posts and their dismissal will be done based on legislation which existed before the present Constitution came into force.
11. From the day when the present Constitution comes into force, within one year the Law of the Azerbaijan Republic about Constitutional Court of the Azerbaijan Republic shall be taken and Constitutional Court of the Azerbaijan Republic shall be established. Until the Constitutional Court of the Azerbaijan Republic is established authority of Constitutional Court of the Azerbaijan Republic envisaged by the present Constitution shall not be implemented. Question envisaged in paragraph 7, clause 3 of Article 130 of the present Constitution will be solved by Supreme Court of the Azerbaijan Republic.
12. From the day when the present Constitution comes into force the Higher Arbitration Court of the Azerbaijan Republic is called Economical Court of the Azerbaijan Republic and carries out powers defined by existing legislation.
No 00
12 November, 1995
List of documents, amending
Constitution of the Azerbaijan Republic
1. Decree of the Constitutional Court of the Azerbaijan Republic as of 21 June, 2002 - «Azerbaijan» newspaper (22 June, 2002, №– 140);
Decision of the Central Election Committee of the Azerbaijan Republic as of 29 August, 2002, №– 99/372 - «Azerbaijan» newspaper (19 June, 2002, №– 216).
2. Decree of the Constitutional Court of the Azerbaijan Republic of 1 August, 2003: «Legal meaning of provision of article 100 of Constitution of Azerbaijan Republic «...having no liabilities in other states...» implies lack of liabilities, arouse in connection with existence of relations, leading to connection of the citizen with foreign states and dependence on them. Such obligations may be also obligations resulting in maintenance of long-term, strong and stable relations, arising as a result of long-term living abroad, and also registration, tax obligations, stay on the territory of country within a period of more than stipulated and other obligations of political right and other similar obligations» - «Azerbaijan» newspaper (3 August, 2003, №– 176).
Non-official translation