Azərbaycan Respublikasının vətəndaşlığı haqqında


Relizin Tarixi: 01.05.2020

Law of the Republic of Azerbaijan

On citizenship of the Republic of Azerbaijan

Chapter I. General provisions

Article 1. The right to citizenship

Regarding Article 52 of the Constitution of the Republic of Azerbaijan every person having affiliation to the state of Azerbaijan, political and legal relations and mutual rights and obligations is the citizen of the Republic of Azerbaijan. Persons born on the territory of the Republic of Azerbaijan or born from the citizens of the Republic of Azerbaijan are considered to be citizens of the Republic of Azerbaijan. A person is the citizen of the Republic of Azerbaijan if one of his parents is the citizen of the Republic of Azerbaijan.

Article 2. Provision of the right to citizenship

In compliance with Part I, Article 53 of the Constitution of the Republic of Azerbaijan the citizen of the Republic of Azerbaijan in no case shall be deprived of the citizenship of the Republic of Azerbaijan. Regarding Part II, Article 53 of the Constitution of the Republic of Azerbaijan the citizen of the Republic of Azerbaijan under no circumstances shall be exiled from the Republic of Azerbaijan or extradited to a foreign state.

In compliance with Part 3, Article 53 of the Constitution of the Republic of Azerbaijan, the Republic of Azerbaijan provides legal protection and patronage for citizens of the Republic of Azerbaijan permanently or temporarily living outside of its territory.

The State of Azerbaijan in the person of its bodies and official functionaries is responsible before the citizens of the Republic of Azerbaijan as a guarantee of the right to the citizenship.

Article 3. Equal citizenship

Citizenship of the Republic of Azerbaijan is equal for all irrespective of foundations of its acquisition.

Rights, freedoms and liabilities of citizens of the Republic of Azerbaijan before the law are equal irrespective of their origin, social and property statuses, racial and national affiliation, education, language, religious beliefs, political and other convictions, type and nature of occupation, residence, period (time) of residence in the present place and other circumstances.

Article 4. Legislation of the Republic of Azerbaijan on Citizenship

Legislation of the Republic of Azerbaijan on citizenship consists of the Constitution of the Republic of Azerbaijan, of this Law and corresponding legislative acts of the Republic of Azerbaijan.

Article 5. Affiliation to the citizenship of the Republic of Azerbaijan

The following persons can be considered citizens of the Republic of Azerbaijan:

1. persons who were citizens of the Republic of Azerbaijan before this law comes into force, provided that the citizen of the Republic of Azerbaijan was registered at the place of residence in the Republic of Azerbaijan by the day of entry into force of this Law;

2. persons who were not citizens of the Republic of Azerbaijan, or of other states by January 1, 1992, but were registered in the Republic of Azerbaijan;

3. refugees accommodated on the territory of the Republic of Azerbaijan from January 1, 1988 till January 1, 1992;

4. persons who have obtained the citizenship of the Republic of Azerbaijan in compliance with this Law.

Persons mentioned in Paragraph 2, Part 1 of this Article obtain the citizenship of the Republic of Azerbaijan in the event if they submit an application for acquisition of citizenship of the Republic of Azerbaijan during one year since the day this Law comes into force.

Refugees who obtained citizenship of the Republic of Azerbaijan based upon Paragraph 3, Part 1 of this Article, do not lose the right to return to the country of origin. Those persons will have the same privileges as forcibly displaced persons as provided in the legislation of the Republic of Azerbaijan.

Affiliation of the person to the citizenship of Republic of Azerbaijan shall be determined by the relevant executive authority. Procedure of determining the person's affiliation to the citizenship of the Republic of Azerbaijan shall be approved by the relevant executive authority.

Article 6. Documents identifying the citizenship of the Republic of Azerbaijan

Documents identifying the citizenship of the Republic of Azerbaijan are as follows:

1) birth Certificate;

2) identification card of the citizen of the Republic of Azerbaijan;

2-1) personal identification card of the citizen of the Republic of Azerbaijan under the age of 15; (effective since January 1, 2020)

3) passport of the citizen of the Republic of Azerbaijan.

Article 7. Retention of the citizenship upon marriage and divorce

Marriage of a man or a woman who is a citizen of the Republic of Azerbaijan to a foreign citizen or a stateless person as well as dissolution of such a marriage shall not by itself change the citizenship of either spouse.

Change of citizenship by one of the spouse will not cause change of citizenship of the other spouse.

Article 8. Retention of citizenship of the Republic of Azerbaijan by persons living outside of its territory

Residence of the citizen of the Republic of Azerbaijan on the territory of a foreign country shall not cause termination of citizenship of the Republic of Azerbaijan.

Article 9. Protection of citizens of the Republic of Azerbaijan living outside the borders of the Republic of Azerbaijan by the State of Azerbaijan

State bodies of the Republic of Azerbaijan, its diplomatic representations and consular institutions in foreign countries and international entities, as well as their official functionaries are responsible to take measures in order that the citizens of the Republic of Azerbaijan, permanently or temporarily living in a foreign state, fully enjoy all rights given to them by legislation of a foreign country, by international treaties in which the Republic of Azerbaijan and the state of stay participate, and by international customs; to protect their rights and interests provided by the law in the order defined by legislation; and in necessary cases to take measures for rehabilitation of the violated rights of the citizens of the Republic of Azerbaijan.

Article 10. Non-recognition of the affiliation of a citizen of the Republic of Azerbaijan to the citizenship of a foreign state

Except as provided by international treaties of the Republic of Azerbaijan or settled in accordance with paragraph 32 of Article 109 of the Constitution of the Republic of Azerbaijan, in the presence of dual citizenship (in the presence of the citizenship of another state(s) along with the citizenship of the Republic of Azerbaijan) of the person who is a citizen of the Republic of Azerbaijan, the affiliation of this person to the citizenship of a foreign state is not recognized.

The citizen of the Republic of Azerbaijan, acquired the citizenship of a foreign state, shall notify the relevant executive authority in writing about it within one month. Persons who do not provided such information, shall be liable in the manner prescribed by the Criminal Code of the Republic of Azerbaijan.

Chapter II. Acquisition and reinstatement of the citizenship of the Republic of Azerbaijan

Article 11. Foundations for acquisition of the citizenship of the Republic of Azerbaijan

A person shall acquire the citizenship of the Republic of Azerbaijan in the following cases:

1. when born on the territory (except for cases envisaged by the first and second parts of Article 12 of this Law) of the Republic of Azerbaijan, or born from citizens of the Republic of Azerbaijan;

2. as a consequence of admission to citizenship of the Republic of Azerbaijan;

3. by reasons stipulated by bilateral and multilateral international treaties of the Republic of Azerbaijan;

4. by other reasons stipulated by the present Law.

Article 12. Citizenship of children born on the territory of the Republic of Azerbaijan from foreigners and stateless persons

A child who was born on the territory of the Republic of Azerbaijan, whose parents are foreigners, is not recognized as a citizen of Azerbaijan Republic.

A child who was born on the territory of the Republic of Azerbaijan from the parents, one of whom is a foreigner and the other - a stateless person is not recognized as a citizen of Azerbaijan Republic.

A child who was born on the territory of the Republic of Azerbaijan, whose parents are stateless, is recognized as a citizen of Azerbaijan Republic.

Article 13. Citizenship of children whose parents are unknown

A child born from unknown parents on the territory of the Republic of Azerbaijan is a citizen of the Republic of Azerbaijan.

Article 14. Admission to the citizenship of the Republic of Azerbaijan

Foreign citizens and stateless persons, continuously and permanently living on legal grounds on the territory of the Republic of Azerbaijan last 5 years, with a legal source of income, committed to respect the Constitution and the laws of the Republic of Azerbaijan, and also submitting a document about the knowledge of the state language may be admitted to the citizenship of the Republic of Azerbaijan upon their application in compliance with this Law irrespective of racial and national affiliation, sex, education, language, religious beliefs, political and other convictions, place of residence.

The term of permanent residence on the territory of the Republic of Azerbaijan of a foreigner or a stateless person shall be calculated from the date of receipt of the permit for permanent residence or the refugee status in the manner prescribed by law.

Period of permanent residence on the territory of the Republic of Azerbaijan is recognized as continuous in case, if a person leaves the territory of the Republic of Azerbaijan for a period of not more than three months during the year.

The statelessness of a person who arrived in the Republic of Azerbaijan before January 1, 2006 on the basis of a passport of a citizen of the former USSR or other document in cases provided by international treaties of the Republic of Azerbaijan and permanently residing in it, who has no foreign citizenship and has no reliable documents proving his/her identity, as well as the fact of his/her permanent residence in the Republic of Azerbaijan shall be determined by the court. This provision does not apply to persons who has voluntarily denounced his/her own country citizenship.

In the following cases, foreigners and stateless persons may be admitted to citizenship of the Republic of Azerbaijan, without consideration of the period specified in the first part of this article:

1) if a person has high achievements in science, technology, culture and sports;

2) if a person is of special interest for the Republic of Azerbaijan and in other exceptional cases.

In these cases, the appropriateness of admission of a foreigner or a stateless person to the citizenship of the Republic of Azerbaijan is justified by the relevant executive authority.

A person having special merits to the Republic of Azerbaijan may be granted the citizenship of the Azerbaijan Republic without conditions specified in first part of this article.

Application for naturalization of the citizenship of the Republic of Azerbaijan is rejected if the person applying for it, was accused of forced overthrow or change of the state and social system secured by the Constitution of the Republic of Azerbaijan, violation of territorial integrity of the Republic of Azerbaijan; carries out activity causing damage to the state security, protection of public order, health or morality of population; propagates hostility, racial, religious and national exclusiveness and is connected with terrorist activity.

Admission to the citizenship of the Republic of Azerbaijan is implemented in compliance with Paragraph 20, Article 109 of the Constitution of the Republic of Azerbaijan.

The issue of payment of the relevant state duty by the person applying for the admission to the citizenship of the Republic of Azerbaijan is regulated by the Law of the Republic of Azerbaijan "On State Duty".

Article 15. Reinstatement of citizenship of the Republic of Azerbaijan

A person who was citizen of the Republic of Azerbaijan before or whose citizenship of the Republic of Azerbaijan was terminated shall be restored in the citizenship of the Republic of Azerbaijan upon his application with restrictions mentioned in Part 8, Article 14 of this Law taken into consideration.

The issue of payment of the relevant state duty by the person applying for reinstatement of citizenship of the Republic of Azerbaijan is regulated by the Law of the Republic of Azerbaijan "On State Duty".

The decision on reinstatement of citizenship of the Republic of Azerbaijan shall be adopted in accordance with item 20 of article 109 of the Constitution of the Republic of Azerbaijan.

Article 15-1. Oath of a citizen of the Republic of Azerbaijan

A person who is accepted to citizenship of the Republic of Azerbaijan or restored in citizenship of the Republic of Azerbaijan having reached 14 years, shall take the following oath in the state language of the Republic of Azerbaijan about fidelity to the Republic of Azerbaijan:

“I (name, surname, patronymic name) as a citizen of the Republic of Azerbaijan swear that I do not have any obligations before any foreign state in connection with its citizenship, I shall obey to the Constitution and laws of the Republic of Azerbaijan, faithfully serve the state of Azerbaijan, defend its independence, sovereignty and territorial integrity and to respect the traditions and culture of the Azerbaijani people.”

The oath shall be taken in the ceremony in front of the State flag of the Republic of Azerbaijan with the hand placed on the Constitution of the Republic of Azerbaijan.

The person who is taking an oath shall sign the text of the oath of the citizen of the Republic of Azerbaijan and this document shall be stored in the respective body of executive power.

Chapter III. Termination of citizenship of the Republic of Azerbaijan

Article 16. Foundations for the termination of the citizenship of the Republic of Azerbaijan

Termination of citizenship of the Republic of Azerbaijan takes place in the following cases:

1. in consequence of withdrawal of the citizenship of the Republic of Azerbaijan;

2. in consequence of loss of the citizenship of the Republic of Azerbaijan;

3. for reasons stipulated in international treaties, of the Republic of Azerbaijan;

4. under other principles stipulated in this Law.

Resolution on termination of the citizenship of the Republic of Azerbaijan is endorsed in compliance with Paragraph 20, Article 109 of the Constitution of the Republic of Azerbaijan.

Article 17. Withdrawal from citizenship of the Republic of Azerbaijan

Withdrawal from citizenship of the Republic of Azerbaijan is implemented upon the application of a person in the order provided in this Law.

Withdrawal from citizenship of the Republic of Azerbaijan is rejected if a person applying for withdrawal, has unfulfilled liabilities before the state or property obligations, which are connected with vital interests of physical persons and legal entities in the Republic of Azerbaijan.

When a person applying for the withdrawal has been involved as a defendant in the criminal case, or he/she is legally accused and there is a Law court sentence to be executed in relation to him/her, or when withdrawal from the citizenship of the Republic of Azerbaijan by a person contradicts the interests of national security of the Republic of Azerbaijan, withdrawal from citizenship of the Republic of Azerbaijan is not allowed before these cases are eliminated.

The issue of payment of the relevant state duty by the person applying for withdrawal from the citizenship of the Republic of Azerbaijan is regulated by the Law of the Republic of Azerbaijan "On State Duty".

The decision on withdrawal from the citizenship of the Republic of Azerbaijan shall be adopted in accordance with item 20 of Article 109 of the Constitution of the Republic of Azerbaijan.

Article 18. Deprivation of citizenship of the Republic of Azerbaijan

Subject to the provisions of the Convention "On the Reduction of Statelessness" of August 30, 1961, the following is considered as grounds for deprivation of citizenship of the Republic of Azerbaijan:

1) voluntary receiving by the citizen of the Republic of Azerbaijan of the citizenship of another state;

2) voluntary military service by the citizen of the Republic of Azerbaijan in the state or municipal authorities or armed forces or other armed groups of a foreign state;

3) behavior of the citizen of the Republic of Azerbaijan, causing serious damage to national security;

3-1) participation of a citizen of the Republic of Azerbaijan in a terrorist activity or realization of actions by him directed at forcible change of a constitutional order of the Republic of Azerbaijan;

3-2) participation of the citizen of the Republic of Azerbaijan in religious extremist activity including dissemination of religious study based on religious hate or participation in armed conflicts in a foreign state under alleged religious rite or attracting another person to this conflict or establishing with this purpose of a stable group as well as undertaking military training by a citizen of the Republic of Azerbaijan in a foreign state under alleged religious studies;

4) deliberate falsification of information, necessary for granting citizenship or presenting a forged document by the person who acquired citizenship of the Republic of Azerbaijan.

Issue of deprivation of the citizenship of the Republic of Azerbaijan is solved by the court and is subject to the restrictions specified in the second and third parts of Article 17 of this Law.

Chapter IV. Citizenship of children on the change of citizenship of parents and upon adoption

Article 19. The change of the citizenship of children in the event of change of their parents’ citizenship

In the event of change of citizenship of parents, as a consequence of which both parents become citizens of the Republic of Azerbaijan their children under 14 years of age shall acquire the citizenship of the Republic of Azerbaijan.

If one of the child’s parents is known and the parent acquires the citizenship of the Republic of Azerbaijan his child under the age of 14 acquires the citizenship of the Republic of Azerbaijan.

Article 20. Retention of citizenship of the Republic of Azerbaijan by a child under guardianship or trusteeship

Where both parents or the only parent of the child living on the territory of the Republic of Azerbaijan withdraw from citizenship of the Republic of Azerbaijan, and also do not participate in the child’s upbringing, upon whom guardianship and trusteeship by citizens of the Republic of Azerbaijan is established, the child shall retain the citizenship of the Republic of Azerbaijan upon the parents’, guardian’s or trustee’s application.

Article 21. Acquisition of citizenship of the Republic of Azerbaijan by children in the event of acquisition of citizenship of the Republic of Azerbaijan by one of his parents

Where one of the parents is a person who acquired the citizenship of the Republic of Azerbaijan while the other remains a foreigner, the child shall acquire the citizenship of the Republic of Azerbaijan upon an application of the parent who has acquired the citizenship of the Republic of Azerbaijan with the consent of the parent who is a foreign citizen.

Where one of the parents of the child living on the territory of the Republic of Azerbaijan is a person who has acquired the citizenship of the Republic of Azerbaijan, while the other remains a stateless person, the child shall acquire the citizenship of the Republic of Azerbaijan.

Where one of the parents of the child living outside the territory of the Republic of Azerbaijan is a person who has acquired the citizenship of the Republic of Azerbaijan while the other is a stateless person, the child shall acquire the citizenship of the Republic of Azerbaijan upon an application of the parent who has acquired the citizenship of the Republic of Azerbaijan with the consent of the parent who is a stateless person.

Article 22. Retention of citizenship of the Republic of Azerbaijan by children in the event of their parents’ withdrawal from the citizenship of the Republic of Azerbaijan

When the citizenship of the Republic of Azerbaijan of one of the parents is terminated while the other remains in the citizenship of the Republic of Azerbaijan the child retains the citizenship of the Republic of Azerbaijan. Renunciation of citizenship of the Republic of Azerbaijan by the child is allowed upon an application of the parent whose citizenship of the Republic of Azerbaijan has been terminated and with consent of the parent who retains the citizenship of the Republic of Azerbaijan.

Article 23. Acquisition of the citizenship of the Republic of Azerbaijan by children in the event of adoption

When citizens of the Republic of Azerbaijan adopt a child who is a foreign citizen or a stateless person, the child shall acquire the citizenship of the Republic of Azerbaijan.

When one of spouses adopting a foreign child is a citizen of the Republic of Azerbaijan while the other is a stateless person, the child shall acquire the citizenship of the Republic of Azerbaijan.

When one of spouses adopting a foreign child is a citizen of the Republic of Azerbaijan while the other is a foreign citizen, the child shall acquire the citizenship of the Republic of Azerbaijan with the consent of the adopters.

When one of spouses adopting a stateless child is a citizen of the Republic of Azerbaijan while the other is a stateless person, the child shall acquire the citizenship of the Republic of Azerbaijan.

When one of spouses adopting a stateless child is a citizen of the Republic of Azerbaijan while the other is a foreign citizen, the child shall acquire the citizenship of the Republic of Azerbaijan with the consent of the adopters.

Article 24. Determination of citizenship of children in the event of adoption

When a child who is a citizen of the Republic of Azerbaijan is adopted by foreign citizens, the child’s citizenship of the Republic of Azerbaijan is terminated upon their application.

When one of the spouses adopting a child who is a citizen of the Republic of Azerbaijan, is a citizen of the Republic of Azerbaijan while the other is a foreign citizen, the adopted child retains the citizenship of the Republic of Azerbaijan. The child shall withdraw from the citizenship of the Republic of Azerbaijan upon the application of adopters.

When both of the spouses adopting a child who is a citizen of the Republic of Azerbaijan, are stateless persons, or one of the spouses is the citizen of the Republic of Azerbaijan while the other remains a stateless person, the child shall retain the citizenship of the Republic of Azerbaijan.

Article 25. Indispensability of children’s consent upon the change of their citizenship

Change of the citizenship of children between the age of 14 to 18, in cases stipulated by Article 19-24 of the this Law, can follow only after the children’s consent.

Chapter V. Force of international legal norms related the citizenship issues

Article 26. Force of international legal norms concerning citizenship issues

If there are any contradictions between this Law and international treaties of the Republic of Azerbaijan, provisions of appropriate treaties are applied.President of the Republic of Azerbaijan

Heydar ALIYEV

Baku, 30 September, 1998

No. 527-IQ

With amendments No. 1021-IIQD of 30 September, 2005; No. 658-IIIQD of 24 June, 2008; No. 973-IVQD of 30 May, 2014; No. 1161-IVQD of 30 December, 2014; No. 1340-IVQD of 30 September, 2015; No. 28-VQD of 4 December, 2015; No. 302-VQD, 24 June, 2016; No. 705-VQD of 31 May, 2017; No. 980-VQD of 1 February, 2018; No. 1267-VQD of 1 October, 2018; No. 1468-VQD of 1 February, 2019; No. ____ of 1 May, 2020 (effective since 1 June, 2020) («LegalActs» LLC).


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