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Modern constitution of the republic of azerbaijan The Constitution of independent Azerbaijan was adopted in Nov 12, 1995 at referendum and it became in force in Nov 27, 1995
The Constitution of the Azerbaijan Republic consists of preamble, 5 Sections ( General provisions; Basic rights, freedoms and duties; State Power Municipality; Right and law), 12 Chapters (People’s Power; Bases of the state; Basic rights and freedoms of man and citizen; Basic duties of the citizens; Legislation Power; Executive Power; Court power; Nakhchivan Autonomous Republic; Municipalities; Legislation system; Amendments in the Constitution of the Azerbaijan Republic; Additions in the Constitution of the Azerbaijan Republic), 158 Articles. The Constitution of the Azerbaijan Republic is the basic law of the Azerbaijan Government. Legal bases of the state building of Azerbaijan have been determined by the Constitution. Azerbaijan had chosen for the first time a priority of human rights and division of power as its future development way being a democratic, legal, secular state.
Milli Mejlis representing legislation authority is one chamber parliament. Acting as a representative of whole nation Milli Majlis is a legislation body, so its main function is law making. No other body or person than Milli Mejlis is entitled to adopt laws. Other function of the parliament in Azerbaijan is supervision on activities of the Executive Power, too. This function is expressed in responsibility of the Council of Ministers before Parliament and a right of Milli Majlis on vote of no confidence to it, in possibility of impeachment of President of Republic, control over execution of state budget, and creation of bodies that implement such control, in ratification of international treaties. Milli Mejlis gathers for two sessions annually: next spring and autumn sessions. Its meetings are plenipotentiary in case of presence of 83 MP-s. Extraordinary sessions may be called by demand of the Chairman of the Milli Mejlis, President, or 42 MP-s of the Milli Mejlis. MP-s of the Milli Mejlis are entitled with right of immunity and this immunity can be annulled in case of detaining at the committing of crime with solicitation of the procurator-general according to decision of Milli Majlis.
President institution in Azerbaijan has (the) double legal nature has twofold legal nature, i.e. besides representing the executive authority; he also fulfills the functions of the Head of State. As President is elected by whole electors directly, he represents Azerbaijani nation as a whole and is a symbol of the unity of the people. At the same time President acts as the guarantor of the independence and territorial integrity of the state. These duties cause his functions as Supreme Commander-in-Chief.
Geographical features of the Nakhchivan Autonomous Republic, absence of common borders of Nakhchivan with main part of Azerbaijan had conditioned application of system of autonomy management for this region. Therefore the Constitution of Azerbaijan has given the status of autonomy state to the Nakhichivan Autonomous Republic in structure of Azerbaijan. Structure of Nakhchivan Autonomous Republic as autonomy state of the Department of affairs of the Office of the President of the Azerbaijan Republic differs in general from state system of the Azerbaijan Republic completely. If Azerbaijan Republic is presidential republic, but in Nakhichivan Autonomous Republic state governance is implemented by method of parliamentarian power. The new Constitution of Nakhichivan Autonomous Republic prepared on the basis of the Constitution of Azerbaijan was adopted on April 28, 1998 at Supreme Council (Majlis) of the autonomous republic and has been approved by Milli Mejlis of the Azerbaijan Republic on the same year on December 29.
First additions and amendments to the Constitution were made on August 24, 2002 and latest on March 18, 2009 by the referendum way. And additions and amendments to the Constitution of Nakhchivan Autonomous Republic have been adopted by seventh session of the 3rd convocation of Supreme Council of Nakhchivan Autonomous Republic on July 30, 2009 and 20 addition ands amendments had been made to 10 articles of the constitution.
According to amendments and additions to the Constitution made in referendum of August 24, 2002 the joint application of majority and proportional election system was liquidated and general majority election system has been defined.
Besides, it was intended to pass powers of President to Prime Minister in emergency cases, calculation of results of Presidential election by principle of simple majority of votes (50 +1 %), reporting of the Government before Milli Majlis with annual report, taking of authorities of liquidation of political parties from the Constitutional Court and giving it to courts of high jurisdiction, forming of alternative military service kinds, providing of rights of legislation initiatives to Republican Prosecutor Office and Supreme Court, giving opportunity to citizens to appeal directly to the Constitutional Court.
Article 12. The Highest 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.
Article 15. Economic Development and the State
II. Based on market relationships the Azerbaijani state creates conditions for the development of a socially oriented economy, guarantees free business activity, and prevents monopoly and unfair competition in economic relations.
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.
Article 18. Religion and the State
II. Spreading of and propagandizing religion (religious movements), humiliating people’s dignity and contradicting the principles of humanism are prohibited.
Article 19. Monetary Unit
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.
Article 25. Right of Equality
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 29. Right of Ownership
IV. No one can be deprived of his or her property without a decision of the court. Absolute confiscation of property is not allowed.
Alienation of the property for state or public needs is allowed only after the cost of property is fairly reimbursed.
Article 32. Right of 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.
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 39. Right of Living in Healthy Environment
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 48. Freedom of Conscience
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 50. Freedom of Information
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 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 71. Guarantees of Human and Civil Rights and Freedoms
II. No one can limit the implementation of human and civil rights and freedoms. 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.
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.
Article 72. Basis of Citizens’ Duties
I. Every person bears duties, followed from rights and freedoms, to the state and society. Duties may be imposed on everyone only by this Constitution or law.
Article 75. Respect to 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 84. Term of Office of the Call of the Milli Majlis of the Republic of Azerbaijan
I. The term of office of each call of the Milli Majlis of the Republic of Azerbaijan is five 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).
Article 88. Sessions of the Milli Majlis of the Republic of Azerbaijan
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 92. Organization of Work of the Milli Majlis of the Republic of Azerbaijan
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 95. Issues Resolved by the Milli Majlis of the Republic of Azerbaijan
4. approval and termination of interstate and intergovernmental agreements envisaging laws different from the laws of the Republic of Azerbaijan;
15. appointing and dismissing the members of the Board of Directors of the Central National Bank of the Republic of Azerbaijan upon recommendation of the President of the Republic of Azerbaijan;
20. hearing of the municipality reports.
Article 96. Right of Legislative Initiative
I. Right of legislative initiative (the right to submit draft laws and other issues to the discussion of the Milli Majlis of the Republic of Azerbaijan) belongs to the members of the Milli Majlis of the Republic of Azerbaijan, President of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan, 40 thousand citizens of the Republic of Azerbaijan enjoying suffrage, Prosecutor’s Office of the Republic of Azerbaijan and Supreme Majlis of Nakhchivan Autonomous Republic.
II. Draft laws or decisions submitted to the discussion of the Milli Majlis of the Republic of Azerbaijan in the manner of legislative initiative by the President of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan, 40 thousand citizens of the
Republic of Azerbaijan enjoying suffrage, Prosecutor’s Office of the Republic of Azerbaijan, Supreme Majlis of Nakhchivan Autonomous Republic shall be brought to discussion the way they have been submitted and shall be voted on.
III. Changes to such laws or decisions can be made with the consent of the subject body enjoying the right of legislative initiative.
IV. Draft laws or decisions submitted by the President of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan, 40 thousand citizens of the Republic of Azerbaijan enjoying suffrage, Prosecutor’s Office of the Republic of Azerbaijan, Supreme Majlis of Nakhchivan Autonomous Republic shall be voted on within a two month period.
VI. The manner in which 40 thousand citizens of the Republic of Azerbaijan enjoying suffrage exercise their right to initiate legislation shall be defined by law.
VII. Draft laws and decisions shall be substantiated and the purposes for their adoption shall be indicated.
Article 101. Basis of the Elections to the President of the Republic of Azerbaijan
V. No one can be elected as the President of the Republic of Azerbaijan more than twice. In case the conduct of the Presidential Election of the Republic of Azerbaijan is not held due to military operations under a state of war, the term of office of the President of the Republic of Azerbaijan shall be extended until the end of military operations. The decision on 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).
Article 108. Material Security of the President of the Republic of Azerbaijan
II. Regulations for the material security of the person who was elected President of the Republic of Azerbaijan in the past shall be defined by a Constitutional law.
Article 109. Responsibilities of the President of the Republic of Azerbaijan
10) Recommends the Milli Majlis of the Republic of Azerbaijan on appointing or dismissing the members of the Board of Directors of the Central National Bank of the Republic of Azerbaijan; appoints the Chairman of the Central Bank of the Republic of Azerbaijan from the members of the Board of Directors of the Central Bank of the Republic of Azerbaijan.
13) Organizes the Administration Executive Apparatus of the President of the Republic of Azerbaijan and appoints its Heads;
17) Signs interstate and intergovernmental international agreements;
submits interstate international and intergovernmental agreements envisaging regulations other than those prescribed by the laws of the Republic of Azerbaijan, to the Milli Majlis of the Republic of Azerbaijan for approval or termination; signs the certificates;
Article 125. Judicial Power
VII. Court proceeding shall provide for the discovery of the truth.
Article 129. Court Decisions and their Implementation
I. Court decisions shall be made on behalf of the state and their implementation shall be mandatory.
II. Failure to execute a court decisions entails liability prescribed by law.
III. A court decision shall be grounded in law and evidence.
IX. The Constitutional Court of the Republic of Azerbaijan shall make the decisions under its competence. The decision of the Constitutional Court shall have mandatory force within the territory of the Republic of Azerbaijan. The decisions of the Constitutional Court of the Republic of Azerbaijan shall be published.
Article 131. Supreme Court of the Republic of Azerbaijan
III. The decisions of the Supreme Court of the Republic of Azerbaijan shall be published.
Article 146. Guarantees for Independence of Municipalities
I. Municipalities are independent to exercise their power;
nevertheless it does not exclude their responsibility before the citizens residing in the territory of the municipality. Regulations and order for selection of the municipality members, termination of their power, and regulation for early dissolution of municipalities shall be set forth by law.
II. Independent execution by the municipalities of their powers may not damage the sovereignty of the Azerbaijani state.
III. The state oversees the activities of municipalities.
IV. Municipalities submit reports to the Milli Majlis of the Republic of Azerbaijan in cases and in the manner prescribed by law.
Article 149. Normative Legal Acts
VIII. Normative legal acts shall be published. No one may be forced to execute (to adhere to) a regulation that was not published and held liable for failing to execute (to adhere to) such regulation. An order for publication of regulations shall be set forth by a Constitutional law.
The date of adoption of first Constitution of independent Azerbaijan – 12th of November is marked as the Constitution Day. So, by decree of President Heydar Aliyev dated Feb 6, 1996 the November 12 is declared as the Constitution Day.
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