CHAPTER V. Legislative Power
Structure of legislative chamber(s)
Article 81. Authority Competent to Exercise Legislative Power
The legislative power is exercised by the Milli Majlis of the Republic of Azerbaijan.
Size of first chamber, Structure of legislative chamber(s)
Article 82. Composition of the Milli Majlis of the Republic of Azerbaijan
The Milli Majlis of the Republic of Azerbaijan consists of 125 Deputies.
First chamber selection
Article 83. Principles for the Elections to the Milli Majlis of the Republic of Azerbaijan
The Members of the Milli Majlis of the Republic of Azerbaijan are elected on the basis of majority voting in general, equal and direct elections by way of free, individual and secret voting.
Article 84. Term of Office for Members of the Milli Majlis of the Republic of Azerbaijan
-
Constitutional court powers, Term length for first chamber
The term of the office 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 can 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 taken by the Constitutional Court of the Republic of Azerbaijan upon application of the state body organizing elections (referendum).
- Elections of the Members of the Milli Majlis of the Republic of Azerbaijan are held every five years on the first Sunday of November.
- The term of office for the Members of the Milli Majlis of the Republic of Azerbaijan are limited by the term of office of the Milli Majlis of the Republic of Azerbaijan.
-
Replacement of legislators
If the new elections are held to replace the Deputies that have ended the membership with new ones, the term of office of the newly elected Deputy is limited to the term of office of the Milli Majlis of the Republic of Azerbaijan.
Article 85. Requirements of Candidates for Deputy of the Milli Majlis of the Republic of Azerbaijan
-
Minimum age for first chamber, Eligibility for first chamber
Every citizen of the Republic of Azerbaijan who has reached the age of 25 can be elected a Deputy of the Milli Majlis of the Republic of Azerbaijan in the procedure determined by law.
-
Eligibility for first chamber, Outside professions of legislators
Persons cannot be elected Members of the Milli Majlis of the Republic of Azerbaijan who have dual citizenship, are in State service in other countries, work in the executive or juridical organs, persons engaged in a different paid activity with the exception of scientific, creative and teaching work, ministers of religion, persons whose incapacity has been confirmed by a court, persons who serve their sentence in places of confinement based on a court verdict.
Constitutional court powers
Article 86. Certification and Confirmation of Election Results
The election results shall be verified and confirmed by the Constitutional Court of the Republic of Azerbaijan.
Article 87. Expiration of Term of Office of the Deputies
- The term of office of the Members of the Milli Majlis of the Republic of Azerbaijan expires on the day of the first sitting of the newly elected Milli Majlis of the Republic of Azerbaijan.
- The elections to replace the Deputies who have left the Milli Majlis of the Republic of Azerbaijan shall not be held if less than 120 days remain until the expiration of the term of office.
-
Quorum for legislative sessions
The Milli Majlis of the Republic of Azerbaijan shall have power when the authority of 83 members is confirmed.
Article 88. Sessions of the Milli Majlis of the Republic of Azerbaijan
- Every year, Milli Majlis of the Republic of Azerbaijan holds two regular, spring and autumn, sessions. The first session of Milli Majlis of the Republic of Azerbaijan is called no later than one week from the day of confirmation of the authority of 83 deputies of Milli Majlis of the Republic of Azerbaijan.
If after the confirmation of the authority of 83 deputies of Milli Majlis of the Republic of Azerbaijan is not confirmed by the 10th of October or the 10th of March, then the Constitutional Court of the Republic of Azerbaijan determines the time of the first session of Milli Majlis of the Republic of Azerbaijan.
-
Extraordinary legislative sessions
Special sessions of the Milli Majlis of the Republic of Azerbaijan shall be summoned by the Speaker of the Milli Majlis of the Republic of Azerbaijan at the request of the President of the Republic of Azerbaijan, or 42 Members of the Milli Majlis.
- The agenda of the special session is worked out by those members who required its convocation. After consideration of the agenda items the work of the special session shall be completed.
-
Public or private sessions
The assemblies of the sessions of the Milli Majlis of the Republic of Azerbaijan shall be 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.
Removal of individual legislators
Article 89. Termination of the Mandate of a Deputy of the Milli Majlis of the Republic of Azerbaijan and Loss of Powers
- The powers of a Deputy of the Milli Majlis of the Republic of Azerbaijan are terminated in the following cases:
- the wrong counting of votes during the elections has been established;
- the citizenship of the Republic of Azerbaijan has been lost or citizenship of another country has been acquired;
- a crime has been committed and a court decision has come into effect;
- a position held in government organs, being a minister of religion, being engaged in the business, commercial or other paid activity (excepting scientific, teaching and creative activity);
- resignation of his or her own accord;
The rules of termination of the membership to the Milli Majlis of the Republic of Azerbaijan are established by law.
- The functions of the Members of the Milli Majlis of the Republic of Azerbaijan shall be considered to have been terminated when they are unable to fulfill their official duties and in other cases specified by law. The procedure in which such a decision is taken shall be established by law.
Immunity of legislators
Article 90. The Immunity of the Deputy of the Milli Majlis of the Republic of Azerbaijan
- The Deputy of the Milli Majlis of the Republic of Azerbaijan during the term of office has personal immunity. With the exception of cases when he has been caught in flagrante delicto, the Deputy during the term of office cannot be brought to court, detained, administrative measures of punishment cannot be applied to him. He cannot be arrested or punished in some other way and he cannot be searched or examined. The Deputy of the Milli Majlis of the Republic of Azerbaijan can be detained if caught in flagrante delicto. In this case the organ which has detained the Deputy of the Milli Majlis of the Republic of Azerbaijan must inform the General Procurator of the Republic of Azerbaijan.
- The immunity of the Deputy of the Milli Majlis of the Republic of Azerbaijan can be terminated only by the decision of the Milli Majlis of the Republic of Azerbaijan on the basis of proposals of the Milli Majlis of the Republic of Azerbaijan by the General Procurator.
Article 91. Immunity from Prosecution of Members of the Milli Majlis of the Republic of Azerbaijan Answerable
The Members of the Milli Majlis of the Republic of Azerbaijan may not be prosecuted for their activity in the Milli Majlis, voting in the Milli Majlis and ideas expressed in the Milli Majlis. Concerning these cases clarifications and evidence can be required only with their consent.
Legislative committees, Leader of first chamber
Article 92. Organization of the Work of the Milli Majlis of the Republic of Azerbaijan
The Milli Majlis of the Republic of Azerbaijan shall determine its rules of procedure and establish its bodies, including the election of its Speaker and the Deputy Speakers, the organization of committees and commissions, and the establishment of a counting chamber.
Article 93. Acts of the Milli Majlis of the Republic of Azerbaijan
- The Milli Majlis of the Republic of Azerbaijan shall adopt constitutional laws, laws and resolutions on matters within its competence.
- Constitutional laws, laws and resolutions shall be adopted by the Milli Majlis in the procedure specified by the present Constitution.
- Members of the Milli Majlis of the Republic of Azerbaijan shall exercise the right to vote in person.
- In the laws and resolutions the Milli Majlis of the Republic of Azerbaijan cannot assign specific tasks to executive organs and courts.
Article 94. General Rules to be Determined by the Milli Majlis of the Republic of Azerbaijan
- The Milli Majlis of the Republic of Azerbaijan determines the general rules on the following matters:
- the use of human and civil constitutional rights and freedoms, State guarantee of these rights and freedoms;
- Presidential elections of the Republic of Azerbaijan;
- elections to the Milli Majlis of the Republic of Azerbaijan and the status of Members of the Milli Majlis of the Republic of Azerbaijan;
-
Referenda
referendum;
-
Structure of the courts
the court system and the status of judges, procuracy; attorneyship; and notary business;
- legal procedures, implementation of court's decisions;
-
Municipal government
municipal elections and the status of municipalities;
- the regime in exceptional situations; martial law regime;
- State awards;
- the status of physical and juridical persons;
- matters of civil law;
-
Right to transfer property
transactions; civil law agreements, representations and inheritance;
-
Right to own property, Provisions for intellectual property
right of ownership, including the legal regime of the State, private and municipal property, right of intellectual property; other property rights; obligation right;
- family relations including trusteeship and guardianship;
- foundations of finance activity, taxes, duties and customs;
- labor relations and social security;
- determination of crimes and law violations; imposing responsibility for their commitment;
-
Duty to serve in the military
defense and military service;
- State service;
- foundations of security;
- territorial organization; regime of State borders;
-
International law, Treaty ratification
ratification and denunciation of international agreements;
- communications and transport;
- statistics, metrology and standards;
- customs;
- commerce and transaction;
- banking, accounting, insurance.
-
Supermajority required for legislation, Veto override procedure
On the matters mentioned in items 2, 3, 4 of the present Article the laws are passed by a majority of 83 votes; on the remaining matters-a majority of 63 votes are required to pass a law.
- The first part of the present Article may be supplemented by a constitutional law.
Article 95. Matters to be Determined by the Milli Majlis of the Republic of Azerbaijan
- The Milli Majlis of the Republic of Azerbaijan is competent to determine the following matters:
- the arrangement of the work of the Milli Majlis of the Republic of Azerbaijan;
- the establishment of diplomatic representation upon the proposal of the President of the Republic of Azerbaijan;
- the administrative-territorial division;
-
International law, Treaty ratification
the ratification and denunciation of international treaties and intergovernmental agreements containing rules contrary to the laws of the Republic of Azerbaijan;
-
Budget bills
the ratification of the State fiscal budget on the proposal of the President of the Republic of Azerbaijan and exercising control over its use;
-
Human rights commission
the election of a commissioner for human rights of the Republic of Azerbaijan upon presentation by the President of the Republic of Azerbaijan;
- upon the proposal of the President of the Republic of Azerbaijan, ratification of the military doctrine of the Republic of Azerbaijan;
-
Head of state decree power
ratification in cases specified by the present Constitution of the decrees of the President of the Republic of Azerbaijan;
- upon the proposal of the President of the Republic of Azerbaijan, giving consent to the candidate being appointed to the post of the Prime Minister of the Republic of Azerbaijan;
-
Supreme court selection, Constitutional court selection
on the proposal of the President of the President of the Republic of Azerbaijan appointment of the members of the Constitutional Court and Supreme Court of the Republic of Azerbaijan and the Cou8rts of the Appeal of the Republic of Azerbaijan;
-
Attorney general
appointment of the General Procurator on the proposal of the President of the Republic of Azerbaijan, giving consent to release the General Procurator from holding position on the proposal of the President of the Republic of Azerbaijan;
-
Head of state removal
removal of the President of the Republic of Azerbaijan from office by way of impeachment upon proposal of the Constitutional Court;
-
Supreme/ordinary court judge removal
removal of judges from holding positions on the proposal of the President of the Republic of Azerbaijan;
-
Head of government removal, Cabinet selection
taking the decision on a vote of confidence in the Cabinet of Ministers of the Republic of Azerbaijan;
-
Central bank
appointment and dismissal of the Chairperson and the members of the Board of Directors of the Central Bank of the Republic of Azerbaijan upon recommendation of the President of the Republic of Azerbaijan;
-
Designation of commander in chief
giving consent to the use of the Armed Forces to the fulfillment of obligations not connected with their main purpose on the basis of the proposal of the President of the Republic of Azerbaijan;
-
Power to declare/approve war
on the basis of the proposal of the President of the Republic of Azerbaijan, give consent to declare a war and conclude peace;
-
Referenda
schedule a referendum;
- amnesty; and
- hearing of the municipality reports.
- Matters specified in items 1-5 of the present Article laws shall be passed by a majority of 63 votes; as for the remaining matters, resolutions shall be adopted in the same procedure if the present Constitution does not stipulate another procedure.
- Resolutions shall also be adopted with respect to other issues, which, according to the present Constitution, fall within the competence of the Milli Majlis of the Republic of Azerbaijan, the issues connected with the organization of the activity of the Milli Majlis of the Republic of Azerbaijan, as well as the issues on which the opinion of the Milli Majlis of the Republic of Azerbaijan is required.
- The first part of the present Article may be supplemented by a constitutional law.
Legislative initiatives by citizens
Article 96. The Right to Initiate Legislation in the Milli Majlis of the Republic of Azerbaijan
-
Initiation of general legislation
The right to initiate legislation (the right to submit draft laws and other issues to the discussion of the Milli Majlis of the Republic of Azerbaijan) in the Milli Majlis of the Republic of Azerbaijan belongs to the Members of the Milli Majlis of the Republic of Azerbaijan, the President of the Republic of Azerbaijan, the Supreme Court of the Republic of Azerbaijan, forty thousand citizens of the Republic of Azerbaijan enjoying suffrage, the Prosecutor's Office of the Republic of Azerbaijan and the Ali Majlis of the Nakhichevan Autonomous Republic.
- Draft laws or decisions submitted submitted to the discussion of the Milli Majlis of the Republic of Azerbaijan by way of legislative initiative by the President of the Republic of Azerbaijan, the Supreme Court of the Republic of Azerbaijan, forty thousand citizens of the Republic of Azerbaijan enjoying suffrage, the Prosecutor's Office of the Republic of Azerbaijan or the Ali Majlis of the Nakhichevan Autonomous Republic are submitted to the Milli Majlis of the Republic of Azerbaijan for discussion and put to the vote in the form in which they have been presented.
- Changes to such laws or decisions may be made with the consent of the subjects exercising the right of legislative initiative.
- Draft laws or decisions presented by way of legislative initiative by the President of the Republic of Azerbaijan, the Supreme Court of the Republic of Azerbaijan, forty thousand citizens of the Republic of Azerbaijan enjoying suffrage, the Prosecutor's Office of the Republic of Azerbaijan or the Ali Majlis of the Nakhichevan Autonomous Republic shall be put to the vote in the Milli Majlis of the Republic of Azerbaijan within a period of two months.
- If the adoption of a draft law or decision has been declared a matter of urgency by the President of the Republic of Azerbaijan, the Supreme Court of the Republic, the Prosecutor's Office of the Republic of Azerbaijan or the Ali Majlis of the Nakhichevan Autonomous Republic this period shall be 20 days.
-
Legislative initiatives by citizens
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.
- Draft laws and resolutions shall be substantiated and the purposes for their adoption shall be indicated.
Approval or veto of general legislation
Article 97. Time limit for the Submission of Laws to the President for Signing
- The laws are submitted to the President of the Republic of Azerbaijan for signing within 14 days from the day of adoption.
- A draft law which has been declared urgent is submitted to the President of the Republic of Azerbaijan for signing within 24 hours from its adoption.
Article 98. Coming into Force of Laws of the Milli Majlis of the Republic of Azerbaijan
The law and the resolutions shall come into effect from the day of publication if the law or the resolution itself does not specify a different procedure.
CHAPTER VI. Executive Power
Name/structure of executive(s)
Article 99. Authority Competent to Exercise Executive Power
The executive power in the Republic of Azerbaijan belongs to the President of the Republic of Azerbaijan.
Minimum age of head of state, Eligibility for head of state
Article 100. Requirements of Candidates for the Presidency of the Republic of Azerbaijan
The President of the Republic of Azerbaijan can be any citizen of the Republic of Azerbaijan who is at least 35 years old, has been residing in the territory of the Republic of Azerbaijan without interruption for more than 10 years, enjoys the right to vote, has never been tried for a major crime, has no commitments towards other States, has benefited from higher education and does not have dual citizenship.
Head of state selection
Article 101. Foundations for the Election of the President of the Republic of Azerbaijan
-
Head of state term length
The President of the Republic of Azerbaijan is elected for a term of five years by universal, direct and equal elections by free, individual and secret ballot.
- The President of the Republic of Azerbaijan is elected by a majority of two-thirds of the votes cast in the election.
-
Scheduling of elections
If this majority is not achieved on the first ballot, a second ballot shall be held on the second Sunday following the first round of voting. Only the two candidates who have polled the highest numbers of votes in the first round shall participate in the second round, or, in case those candidates who have polled most votes have withdrawn their candidacies, the two candidates placed immediately behind them.
- The candidate who has obtained a majority vote in the second round is considered the elected President of the Republic of Azerbaijan.
-
Constitutional court powers
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).
- The rules for the implementation of this Article shall be defined by law.
Constitutional court powers
Article 102. Results of the Elections of the President of the Republic of Azerbaijan
The results of the elections shall be officially announced by the Constitutional Court of the Republic of Azerbaijan within seven days after the elections.
Name/structure of executive(s)
Article 103. Oath of Allegiance of the Person Elected President of the Republic of Azerbaijan
-
Oaths to abide by constitution
The person who has been elected President of the Republic of Azerbaijan within three days starting from the announcement day of the Presidential election results with the participation of judges of the Constitutional Court takes the following oath: "While executing the power of the President of the Republic of Azerbaijan I swear to observe the Constitution of the Republic of Azerbaijan, defend the sovereignty and territorial integrity of the State, to serve the people in a dignified manner."
- The President of the Republic of Azerbaijan is considered to have assumed his or her duties from the day of swearing in.
Article 104. Permanent Incapacity of the President of the Republic of Azerbaijan
- The powers of the President of the Republic of Azerbaijan shall be considered to have expired before the official end of his or her term when he or she retires, looses the ability to fulfill the duties of his or her office for health reasons, or is removed from office in the conditions and in the procedure specified by the present Constitution.
-
Constitutional court powers
When the President of the Republic of Azerbaijan retires, his or her request for retirement is submitted to the Constitutional Court of the Republic of Azerbaijan. The Constitutional Court of the Republic of Azerbaijan, having ascertained that the President has personally sent in his or her resignation makes a decision on approving the resignation of the President of the Republic of Azerbaijan. From that moment the President shall be considered to have resigned from his or her position in connection with his or her retirement.
- Upon the presentation of information concerning the complete loss of ability of the President of the Republic of Azerbaijan to fulfill the duties of his or her office for health reasons, the Milli Majlis of the Republic of Azerbaijan shall request the Constitutional Court of the Republic of Azerbaijan to verify and confirm the relevant facts. The Constitutional Court of the Republic of Azerbaijan makes a decision on this matter by a majority of six votes. If the Constitutional Court of the Republic of Azerbaijan does not confirm the relevant facts, the issue shall be deemed to have been settled.
Article 105. Execution of Obligations of the President and Retirement
-
Head of state replacement
When the President of the Republic of Azerbaijan retires from the position before the official end of his or her term, a new Presidential election shall be held within three months. In this case the Prime Minister of the Republic of Azerbaijan shall perform the duties of the President of the Republic of Azerbaijan.
- If during this term the Prime Minister acting as President resigns or completely loses the ability to fulfill his or her official duties due to poor health, the Speaker of the Milli Majlis of the Republic of Azerbaijan shall carry out the powers of the President.
- When the Speaker of the Milli Majlis of the Republic of Azerbaijan is unable to exercise the authority of the President for reasons listed in paragraph II of the present article, the Milli Majlis shall adopt a resolution regarding the discharge of the functions of the President of the Republic of Azerbaijan by another official.
Head of state immunity
Article 106. Immunity of the President of the Republic of Azerbaijan
The President of the Republic of Azerbaijan has the right of immunity.
The honor and dignity of the President of the Republic of Azerbaijan shall be protected by law.
Constitutional court powers, Head of state removal
Article 107. Removal of the President of the Republic of Azerbaijan from Office
- The matter of the removal of the President of the Republic of Azerbaijan from his or her office when a serious crime has been committed by the President of the Republic of Azerbaijan may be presented before the Milli Majlis of the Republic of Azerbaijan on the initiative of the Constitutional Court of the Republic of Azerbaijan on the basis of a decision reached by the Supreme Court of the Republic of Azerbaijan within 30 days.
- The President of the Republic of Azerbaijan can be removed from office on the basis of a resolution passed by the majority of 95 votes of the Deputies. This resolution shall be signed by the Constitutional Court of the Republic of Azerbaijan. If within one week the Constitutional Court of the Republic of Azerbaijan does not support the signing this resolution, the resolution shall not come into effect.
- The resolution on the removal of the President from office shall be passed within two months from the day of the Constitutional Court addressing the Milli Majlis of the Republic of Azerbaijan. If within this term the mentioned resolution is not passed the accusation shall be rejected.
Article 108. Financial support of the President of the Republic of Azerbaijan
The President of the Republic of Azerbaijan and his or her family are financially supported by the State. The security of the President of the Republic of Azerbaijan and his or her family is ensured by special guard services.
Article 109. Powers of the President of the Republic of Azerbaijan
The President of the Republic of Azerbaijan:
-
Head of state powers
sets the date for the elections to the Milli Majlis of the Republic of Azerbaijan;
- presents the State budget of the Republic of Azerbaijan to the Milli Majlis for ratification;
- approves State economic and social programs;
-
Head of government removal
with the consent of the Milli Majlis of the Republic of Azerbaijan appoints the Prime Minister of the Republic of Azerbaijan and removes from position the Prime Minister of the Republic of Azerbaijan;
-
Head of government removal, Cabinet removal, Cabinet selection
appoints to and removes from position members of the Cabinet of Ministers of the Republic of Azerbaijan; in special cases presides at the meetings of the Cabinet of Ministers of the Republic of Azerbaijan;
- makes a decision on the resignation of the Cabinet of Ministers of the Republic of Azerbaijan;
- establishes central and local executive organs for exercising executive power within the expenses planned by the State budget of the Republic of Azerbaijan;
-
National vs subnational laws, Federal review of subnational legislation
annuls the resolutions and orders of the Cabinet of Ministers of the Republic of Azerbaijan, the Cabinet of Ministers of the Nakhichevan Autonomous Republic, acts of central and local executive organs;
- presents a proposal to the Milli Majlis of the Republic of Azerbaijan on the appointment and removal from the position of judges of the Constitutional Court of the Republic of Azerbaijan, the Supreme Court of the Republic of Azerbaijan and the Courts of Appeal of the Republic of Azerbaijan; in agreement with the Milli Majlis of the Republic of Azerbaijan appoints and removes the General Procurator of the Republic of Azerbaijan from his or her position; appoints to the position judges of other courts of the Republic of Azerbaijan;
-
Central bank
presents proposals to the Milli Majlis of the Republic of Azerbaijan concerning the appointment and dismissal of the members of the Board of Directors of the Central Bank of the Republic of Azerbaijan and appoints the Chairman of the Central Bank of the Republic of Azerbaijan from the members of the Governing Board of the Central Bank of the Republic of Azerbaijan.
- presents the military doctrine of the Republic of Azerbaijan to the Milli Majlis of the Republic of Azerbaijan for ratification;
-
Selection of active-duty commanders
appoints and removes from position higher commanders of the Armed Forces of the Republic of Azerbaijan;
- organizes the administration of the President of the Republic of Azerbaijan and appoints its Head;
-
Human rights commission
makes recommendation to the Milli Majlis of the Republic of Azerbaijan for the election of the commissioner for human rights.
-
International organizations
presents to the Milli Majlis of the Republic of Azerbaijan a proposal on establishing diplomatic representations of the Republic of Azerbaijan in foreign countries and international organizations, appoints and recalls diplomatic representatives of the Republic of Azerbaijan in foreign States and international organizations;
-
Head of state powers
accepts credentials and letters of recall of the diplomatic representatives of foreign States;
-
Treaty ratification, International law
concludes international treaties and intergovernmental agreements, submits international and intergovernmental agreements containing rules contrary to the laws of the Republic of Azerbaijan to the Milli Majlis of the Republic of Azerbaijan for ratification or denunciation, and signs decrees on the ratification of international treaties and agreements;
-
Referenda
decides on the holding of a referendum;
- signs and issues laws;
-
Head of state powers
settles matters of citizenship;
-
Head of state powers
decides matters on granting political asylum;
-
Power to pardon
passes acts on granting mercy;
-
Head of state powers
grants State awards;
-
Selection of active-duty commanders
confers higher military and higher special ranks;
- announces total or partial mobilization and demobilization;
- makes a decision on calling up citizens of the Republic of Azerbaijan for urgent military service and on transferring soldiers to the reserve;
- establishes the Security Council of the Republic of Azerbaijan;
- introduces a proposal to the Milli Majlis of the Republic of Azerbaijan on giving consent to enlist Armed Forces of the Republic of Azerbaijan for the fulfillment of obligations not connected with their main obligation;
- declares an emergency situation and martial law;
-
Power to declare/approve war
with the consent of the Milli Majlis of the Republic of Azerbaijan declares war and concludes peace;
- establishes special protective services, provided for in the budget of the Republic of Azerbaijan;
- settles other matters not assigned by the present Constitution to the Milli Majlis of the Republic of Azerbaijan by executive order.
Approval or veto of general legislation
Article 110. Signing Laws
- The President of the Republic of Azerbaijan signs laws within 56 days from the day of presentation. If law engenders objection on the part of the President of the Republic of Azerbaijan, he, without signing the law, shall at the appointed time, attaching his or her objections, send it back to the Milli Majlis of the Republic of Azerbaijan.
-
Veto override procedure
If the Milli Majlis of the Republic of Azerbaijan adopts in a second vote a law previously passed by a majority of 83 votes by a majority of 95 or a law previously passed by a majority of 63 votes by a majority of 83 votes, the law shall come into effect.
Article 111. Declaration of Martial Law
When a certain part of the territory of the Republic of Azerbaijan has been occupied, when a foreign State has declared a war against the Republic of Azerbaijan, a real danger of an armed attack against the Republic of Azerbaijan has been brought into being, a territory of the Republic of Azerbaijan has been blockaded, and if there exists real danger of such a blockade, the President of the Republic of Azerbaijan declares martial law on the entire territory of the Republic of Azerbaijan or in some of its parts and within 24 hours presents the decree to the Milli Majlis to the Republic of Azerbaijan for ratification.
Emergency provisions
Article 112. Declaration of a State of Emergency
The President of the Republic of Azerbaijan declares a state of emergency in separate areas of the Republic of Azerbaijan when there are natural calamities, epidemics, epizootics, great ecological and other catastrophes, as well as when there are actions directed at the violation of the territorial integrity of the Republic of Azerbaijan, forced change of its Constitutional system, mass disturbances, accompanied by violence, rise of national conflicts creating threat for life and security of citizens, or for normal activity of State organs.
The President of the Republic of Azerbaijan within 24 hours presents the decree to the Milli Majlis of the Republic of Azerbaijan for ratification.
Head of state decree power
Article 113. Acts of the President of the Republic of Azerbaijan
The President of the Republic of Azerbaijan establishes general rules by way of decree and issues orders to determine other matters.
If a different procedure is not envisaged in decrees and orders, they come into effect from the day of publication.
Establishment of cabinet/ministers
Article 114. Status of the Cabinet of the Ministers of the Republic of Azerbaijan
-
Cabinet selection
With the aim of the implementation of executive competence the President of the Republic of Azerbaijan forms the Cabinet of Ministers of the Republic of Azerbaijan.
- The Cabinet of Ministers is the supreme executive organ of the executive power of the President of the Republic of Azerbaijan.
- The Cabinet of Ministers of the Republic of Azerbaijan is subordinate and accountable to the President of the Republic of Azerbaijan.
- The agenda of the Cabinet of Ministers of the Republic of Azerbaijan is determined by the President of the Republic of Azerbaijan.
Name/structure of executive(s), Deputy executive, Establishment of cabinet/ministers
Article 115. Composition of the Cabinet of Ministers of the Republic of Azerbaijan
The Cabinet of Ministers consists of the Prime Minister of the Republic of Azerbaijan, his or her Deputy, Ministers and the heads of other central organs of executive power.
Article 116. Resignation of the Cabinet of Ministers
On the day when the newly elected President of the Republic of Azerbaijan takes office and assumes the duties of his or her office the Cabinet of Ministers shall resign.
Name/structure of executive(s)
Article 117. Meetings of the Cabinet of Ministers of the Republic of Azerbaijan
The Prime Minister of the Republic of Azerbaijan presides at meetings of the Cabinet of Ministers of the Republic of Azerbaijan.
Article 118. Appointment Procedure of the Prime Minister of the Republic of Azerbaijan
-
Head of government selection
The Prime Minister of the Republic of Azerbaijan is appointed by the President of the Republic of Azerbaijan with the consent of the Milli Majlis of the Republic of Azerbaijan.
- The President of the Republic of Azerbaijan presents for discussion to the Milli Majlis of the Republic of Azerbaijan a proposal on the candidacy to the post of the Prime Minister no later than one month from the day of assuming his or her duties or no later than two weeks from the day of resignation of the Cabinet of Ministers of the Republic of Azerbaijan.
- The Milli Majlis of the Republic of Azerbaijan shall approve the candidate for the post of the Prime Minister of the Republic of Azerbaijan no later than one week after the candidacy has been presented. If this procedure is not respected, or if the candidate proposed by the President of the Azerbaijan Republic for the post of Prime-minister of the Azerbaijan Republic is rejected three times, the President of the Azerbaijan Republic may appoint Prime-minister of the Azerbaijan Republic without consent of Milli Majlis of the Azerbaijan Republic.
Powers of cabinet, Budget bills
Article 119. Powers of the Cabinet of Ministers of the Republic of Azerbaijan
The Cabinet of Ministers of the Republic of Azerbaijan:
- prepares a draft of the State budget of the Republic of Azerbaijan and submits it to the President of the Republic of Azerbaijan;
ensures the implementation of the State budget of the Republic of Azerbaijan;
ensures realization of the financial credit and monetary policy;
ensures the execution of the State social program;
guides the Ministries and other central organs of the executive organs, annuls their acts;
settles other matters which are assigned by the President to the competence of the Cabinet.
Head of government decree power
Article 120. Acts of the Cabinet of Ministers of the Republic of Azerbaijan
- The Cabinet of Ministers of the Republic of Azerbaijan establishes general rules by issuing decrees and issues orders to determine other matters.
- If a different procedure is not specified in decrees and orders of the Cabinet of Ministers of the Republic of Azerbaijan they come into effect after the day of publication.
Article 121. Requirements for Candidates for the Cabinet of Ministers
-
Minimum age of head of government
The appointment to be Prime Minister of the Republic of Azerbaijan can be a citizen of the Republic of Azerbaijan no younger than 30 years old, possessing higher education, election right, no obligation to other States.
-
Eligibility for cabinet
The appointment to be Deputy Prime Minister, Minister, Head of the other central organs of the executive power, can be a citizen of the Republic of Azerbaijan no younger than 25 years old, possessing higher education, election right, no obligations to other States.
Head of government's role in the legislature, Eligibility for cabinet, Eligibility for head of government
Article 122. Requirements for Members of the Cabinet of Ministers of the Republic of Azerbaijan
The Prime Minister of the Republic of Azerbaijan, his or her Deputies, Ministers, Heads of other central organs of the executive power cannot hold any other elected or appointed position, they cannot be engaged in business, commercial and other paid activity with the exception of scientific, teaching and creative activity, they cannot receive remuneration other than the position salary and means received for scientific, teaching and creative work.
Head of government immunity
Article 123. Immunity of the Prime Minister of the Republic of Azerbaijan
- During the term of office the Prime Minister enjoys personal immunity.
- The Prime Minister cannot be brought to court, detained, except in cases when he is caught flagrante delicto, no court measures, administrative penalty, arrest, and other suppression measures can be applied to him, he cannot be searched or inspected.
- The Prime Minister of the Republic of Azerbaijan can be detained if he is caught flagrante delicto. In that case the organ which has detained him shall immediately inform the General Procurator of the Republic of Azerbaijan.
- The immunity of the Prime Minister of the Republic of Azerbaijan can be interrupted only by the President on the basis of the presentation of the General Procurator of the Republic of Azerbaijan.
Head of state powers
Article 124. Local Executive Power
- Local executive power is exercised by the Heads of executive power.
- Heads of executive power are appointed and removed from holding positions by the President of the Republic of Azerbaijan.
- The competence of the local executive power is determined by the President of the Republic of Azerbaijan.
CHAPTER VII. Judicial Power
Article 125. The Exercise of Judicial Power
- Judicial power is exercised solely by judicial organs.
-
Structure of the courts
Judicial power is exercised by the Constitutional Court of the Republic of Azerbaijan, the Supreme Court of the Republic of Azerbaijan, the Courts of Appeal of the Republic of Azerbaijan, general and specialized courts of the Republic of Azerbaijan.
- Judicial power is exercised in constitutional, civil, administrative and criminal legal proceedings and in other forms specified by law.
- In the implementation of judicial power with the exception of the Constitutional jurisdiction, the Prokuratura of the Republic of Azerbaijan and the defense participate.
- Judicial structure and legal procedure are determined by law.
- The use of legal means not specified by law in order to change the competence of judges and create extraordinary courts is prohibited.
- Court proceedings shall provide for the discovery of the truth.
Eligibility for supreme court judges, Eligibility for ordinary court judges, Eligibility for const court judges
Article 126. Requirements of Candidates for the Post of Judges
-
Min age of const court judges, Minimum age of supreme court judges, Minimum age of ordinary court judges
Citizens of the Republic of Azerbaijan who have reached the age of 30, enjoy the right to vote, have a university degree in law and a five-year working experience in the field of law can be judges.
- Judges cannot hold other elected or appointed position, they cannot be engaged in business, commercial and any other paid activity, excepting scientific, teaching and creative work, nor can they affiliate with political parties and be engaged in political activity, nor can they get any remuneration except salary and means for scientific, teaching and creative work.
Article 127. Principles of Justice
-
Judicial independence
Judges are autonomous, they are subordinate only to the Constitution and the laws of the Republic of Azerbaijan and are irremovable during their term of office.
-
Right to fair trial
Judges decide the cases in an unbiased, fair way, following the legal equality of the sides, on the basis of facts and in accordance with the law.
- Direct or indirect restriction of legal procedure on someone's part and for some reason, illegal influence, pressure, threat, and interference is not permitted.
- Justice is administered on the basis of legal equality of citizens before the law and the court.
-
Right to public trial
Trial in all the courts is public.
Hearing of the case behind closed doors can be authorized in case the court assumes that open trial can lead to revealing a State, professional or commercial secret, or when the court deems it necessary to keep a secret of personal or family life.
- Legal proceedings of criminal cases by default are not authorized in the court of first instance.
- Legal proceedings are conducted based on the principle of controversy.
- Everyone has the right to receive qualified legal help at any stage of the legal proceedings.
- Justice is based on the presumption of innocence.
-
Trial in native language of accused
Legal proceedings in the Republic of Azerbaijan are conducted in the official language of the Republic of Azerbaijan or in the language of the population which constitute the majority in the area concerned. Persons-participants in court examination who do not know the language in which legal proceedings are held-are guaranteed the right to familiarize themselves with the matter, to participate in the Court with the help of an interpreter, to speak in their native language.
Article 128. Immunity of Judges
- Judges shall enjoy immunity.
- A judge can be brought to court only in the procedure specified by law.
- The competence of judges can be terminated only in the legal procedure specified by law.
-
Supreme/ordinary court judge removal
If a crime is committed by a judge, the President of the Republic of Azerbaijan shall on the basis of the conclusions of the Supreme Court of the Republic of Azerbaijan request the removal of the judge from office before the Milli Majlis of the Republic of Azerbaijan. The relevant conclusions of the Supreme Court of the Republic of Azerbaijan must be presented to the President of the Republic of Azerbaijan within 30 days from the request.
-
Constitutional court removal, Supreme/ordinary court judge removal
Decisions on the removal of members of the Constitutional Court of the Republic of Azerbaijan, the Supreme Court of the Republic of Azerbaijan and the Economic Court of the Republic of Azerbaijan shall be taken by a majority of 83 votes, decisions on the removal of other judges by a majority of 63 votes in the Milli Majlis of the Republic of Azerbaijan.
Article 129. Court Decisions and their Implementation
- Court decisions shall be made on behalf of the State and their implementation shall be mandatory.
- Failure to execute a court decision shall entail liability prescribed by law.
- A court decision shall be grounded in law and evidence.
Establishment of constitutional court
Article 130. The Constitutional Court of the Republic of Azerbaijan
- The Constitutional Court of the Republic of Azerbaijan consists of nine (9) judges.
-
Constitutional court selection
The members of the Constitutional Court of the Republic of Azerbaijan are appointed by the Milli Majlis of the Republic of Azerbaijan upon proposal of the President of the Republic of Azerbaijan.
-
Constitutionality of legislation, Constitutional interpretation
Upon request by the President of the Republic of Azerbaijan, the Milli Majlis of the Republic of Azerbaijan, the Cabinet of Ministers of the Republic of Azerbaijan, the Supreme Court of the Republic of Azerbaijan, the General Procurator's Office of the Republic of Azerbaijan or the Ali Majlis of the Nakhichevan Autonomous Republic the Constitutional Court of the Republic of Azerbaijan shall examine the following matters:
- the conformity with the Constitution of the Republic of Azerbaijan of laws of the Republic of Azerbaijan, decrees and orders of the President of the Republic of Azerbaijan, resolutions of the Milli Majlis of the Republic of Azerbaijan, resolutions and orders of the Cabinet of Ministers of the Republic of Azerbaijan, normative and legal acts of central executive organs of the Republic of Azerbaijan;
- the conformity with the laws of the Republic of Azerbaijan of decrees of the President of the Republic of Azerbaijan, resolutions of the Cabinet of Ministers of the Republic of Azerbaijan, normative and legal acts of central executive organs of the Republic of Azerbaijan;
- the conformity with the decrees and orders of the President of the Republic of Azerbaijan of resolutions of the Cabinet of Ministers of the Republic of Azerbaijan and normative and legal acts of central executive organs of the Republic of Azerbaijan;
- in cases specified by law the conformity of acts of the Supreme Court of the Republic of Azerbaijan with the Constitution and the laws of the Republic of Azerbaijan;
- the conformity of the acts of the municipalities with the Constitution of the Republic of Azerbaijan, decrees of the President of the Republic of Azerbaijan, resolutions of the Cabinet of Ministers of the Republic of Azerbaijan (in the Nakhichevan Autonomous Republic-also with the Constitution and the laws of the Nakhichevan Autonomous Republic and with the resolutions of the Cabinet of Ministers of the Nakhichevan Autonomous Republic);
-
Legal status of treaties, Treaty ratification, Constitutional court powers, International law
the conformity of non-ratified inter-state treaties of the Republic of Azerbaijan with the Constitution of the Republic of Azerbaijan and the conformity of intergovernmental treaties with the Constitution and the laws of the Republic of Azerbaijan;
- the conformity of the Constitution and the laws of the Nakhichevan Autonomous Republic, the resolutions of the Ali Majlis of the Nakhichevan Autonomous Republic, the resolutions and orders of the Cabinet of Ministers of the Nakhichevan Autonomous Republic with the Constitution of the Republic of Azerbaijan, the conformity of the laws of the Nakhichevan Autonomous Republic, the resolutions of the Cabinet of Ministers of the Nakhichevan Autonomous Republic with the laws of the Republic of Azerbaijan, and the conformity of the resolutions of the Cabinet of Ministers of the Nakhichevan Autonomous Republic with the decrees and orders of the President and the resolutions of the Cabinet of Ministers of the Republic of Azerbaijan;
- disputes related to the separation of powers between the legislative and executive branches.
-
Constitutional interpretation, Constitutionality of legislation
The Constitutional Court of the Republic of Azerbaijan shall interpret the Constitution and the laws of the Republic of Azerbaijan upon application by the President of the Republic of Azerbaijan, the Milli Majlis of the Republic of Azerbaijan, the Cabinet of Ministers of the Republic of Azerbaijan, the Office of the General Procurator of the Republic of Azerbaijan or the Ali Majlis of the Nakhichevan Autonomous Republic.
- Everyone who claims to be the victim of a violation of his or her rights or freedoms by a decision of the legislative, executive and judiciary or by one of the municipal acts set forth in the items 1-7 of section of this Article may appeal, in accordance with the procedure provided for by law, to the Constitutional Court of the Republic of Azerbaijan with the view of the restoration of his or her violated human rights and freedoms.
- In accordance with the procedure provided by the laws of the Republic of Azerbaijan, courts may apply to the Constitutional Court of the Republic of Azerbaijan for an interpretation of the Constitution and the laws of the Republic of Azerbaijan with regard to issues arising out of the implementation of human rights and civil liberties.
-
Ombudsman, Human rights commission
The Ombudsman of the Azerbaijan Republic shall apply to the Constitutional Court of the Republic of Azerbaijan in cases where the rights and freedoms of a person have allegedly been violated by legislative acts in force, normative acts of the executive or of municipalities, or court decisions in accordance with the procedure provided for by the laws of the Republic of Azerbaijan on the adjudication of the cases and applications listed as items 1 to 7 in section III of the present Article.
- The Constitutional Court of the Republic of Azerbaijan shall also perform the other duties specified in the present Constitution.
- The Constitutional Court of the Republic of Azerbaijan shall determine issues of jurisdiction. Decisions of the Constitutional Court of the Republic of Azerbaijan are binding on the whole territory of the Republic of Azerbaijan. The decisions of the Constitutional Court of the Republic of Azerbaijan shall be published.
-
International law, Constitutionality of legislation, Treaty ratification
Laws and other normative acts or individual provisions of such acts or intergovernmental treaties of the Republic of Azerbaijan shall cease to apply at the time which is indicated in the decision of the Constitutional Court that declares them to be inconsistent with the Constitution of the Republic of Azerbaijan; inter-state treaties of the Republic of Azerbaijan which are declared unconstitutional shall not come into effect.
Structure of the courts
Article 131. The Supreme Court of the Republic of Azerbaijan
- The Supreme Court of the Republic of Azerbaijan is the highest judicial organ on civil, criminal and other cases belonging to general and specialized courts; it administers justice by cassation procedure; it provides explanations concerning the practice of courts by cassation.
-
Supreme court selection
Judges of the Supreme Court of the Republic of Azerbaijan are appointed by the Milli Majlis of the Republic of Azerbaijan on the proposal of the President of the Republic of Azerbaijan.
-
Supreme court opinions
The decisions of the Supreme Court of the Republic of Azerbaijan shall be published.
Establishment of constitutional court
Article 132. The Economic Court of the Republic of Azerbaijan
- The Courts of Appeal of the Republic of Azerbaijan are the courts of last instance in matters assigned to them by law.
- Judges of the Courts of Appeal are appointed by the Milli Majlis on the recommendation of the President of the Republic.
Attorney general
Article 133. The General Procurator of the Republic of Azerbaijan
- The Office of the Procurator of the Republic of Azerbaijan, in the procedure and the conditions specified by law, exercises control over the accurate and uniform execution and application of laws; supports in court State prosecution; brings in an action; institutes and proceedings and holds investigations; brings objections to the court's decisions. There appears to be no attempt to curb the power of the Prosecutor, which has remained one of the several authoritarian features of the former Soviet regime.
- The Office of the Procurator of the Republic of Azerbaijan is a united centralized organ consisting of territorial and specialized Procurator Offices based on their subordination to the Procurator of the Republic of Azerbaijan.
- The Procurator of the Republic of Azerbaijan is appointed to and removed from holding the position by the President of the Republic of Azerbaijan with the consent of the Milli Majlis of the Republic of Azerbaijan.
- Deputies of the Procurator of the Republic of Azerbaijan, heads of the specialized republican offices of the Procurator are appointed to and removed from the position by the President of the Republic of Azerbaijan on the proposal of the Procurator of the Republic of Azerbaijan.
- Territorial and specialized procurators are appointed to the positions by the Procurator of the Republic of Azerbaijan in agreement with the President of the Republic of Azerbaijan.