On 28 May, 1918 National Council of Azerbaijan adopted declaration on independence, having resumed century-old traditions of statehood of Azerbaijan people.

Azerbaijan Republic possessing complete state power on its territory, carried out independent foreign and home policy. State institutions inherent in independent state — the parliament, government, army, financial system of the Azerbaijan Republic were established and functioning. Azerbaijan Republic was recognised by many foreign states and established diplomatic relations with them. However, on 27-28 April, 1920 Russian Federation (RSFSR), having roughly violated international rules of law, without announcement of war, brought its military troops in Azerbaijan, occupied a territory of sovereign Azerbaijan Republic, threw down legal power bodies and destroyed independence which had been won at a cost of heavy sacrifice of the Azerbaijan people.

Azerbaijan, same as in 1806-1828 again was annexed by Russian.

Treaty on formation of the USSR dated 30 December, 1922 was aimed to legalisation of this annexation. Afterwards, during 70 years, a policy of colonialism was pursued towards Azerbaijan, its natural resources were mercilessly exploited, national wealth was robbed, Azerbaijan people were persecuted and subjected to repressions, national dignity was defined. However, Azerbaijan people continued to fight for state sovereignty.

As a result, on 30 August, 1991 Supreme Council of the Azerbaijan Republic adopted Declaration «On restoration of state independence of the Azerbaijan Republic».

Supreme Council of the Azerbaijan Republic, based on Declaration of state independence adopted by National Council of Azerbaijan on 28 May, 1918, in a spirit of democratic principles and traditions of the Azerbaijan Republic and following Declaration of Supreme Council of the Azerbaijan Republic, dated 30 August, 1991 «On restoration of state independence of the Azerbaijan Republic» adopts this Constitutional Act and establishes foundations of state, political and economic order of independent Azerbaijan Republic.

Invasion, on 27-28 April, 1920, of 11^th Army of RSFSR in Azerbaijan, annexation of the territory of Republic, overthrow of the Azerbaijan Democratic Republic — subject of international law is regarded as occupation of independent Azerbaijan by Russia.

Azerbaijan Republic is a successor of the Azerbaijan Republic which existed from 28 May, 1918 to 28 April, 1920.

Treaty on formation of the USSR dated 30 December, 1922 is illegal from the moment of its signing, with regard to Azerbaijan, is illegal.

All resulting issues on mutual relations with sovereign states - former soviet republics, are to be settled based on agreements.

Constitution of the Azerbaijan Republic of 1978 is valid as far as it does not contradict provisions of this Constitutional Act.

All acts of the Azerbaijan Republic which existed before the Republic declared its independence, remain valid if these acts do not contradict sovereignty of the Azerbaijan Republic, and its territorial integrity, are not aimed to change of its national state organisation.

Until relevant laws of the Azerbaijan Republic are adopted, laws of the USSR remain valid on the territory of the Azerbaijan Republic, list of these laws being specified by the parliament of the Azerbaijan Republic.

Any acts directed against independence of the Azerbaijan Republic shall be regarded as interference in internal affairs of sovereign state and will result in retaliatory measures in accordance with rules of international law.

Only that part of the USSR state debt which was formed as a resulted of economic activity on the republican territory and arose in connection with the USSR property which passed to the Azerbaijan Republic may be turned over to the Azerbaijan Republic.

All movable and immovable property of USSR on the territory of the Azerbaijan Republic constitutes state property of the Azerbaijan Republic. An exception is that part of movable property of USSR which may be given to other states — former USSR subjects under agreements, in accordance with international law.

The property of the USSR which is outside the territory of the Azerbaijan Republic, but was formed at the expense of national income of Azerbaijan, its natural and other resources during the time when Azerbaijan was one of the USSR subjects, passes, under agreement, to the Azerbaijan Republic in proportion to its contribution in formation of said property.

People of Azerbaijan - all citizens of the Azerbaijan Republic living within the borders of the Azerbaijan Republic and outside it, who are regarded as subject to Azerbaijan state and its laws, which does not exclude standards of international law.

People of Azerbaijan have an inalienable right to choose their own form of governing, to define relations with people of other countries and to develop their political, economic and cultural life in accordance with historical and national traditions, values common to all mankind.

Sovereign power in the Azerbaijan Republic belongs to people of the Azerbaijan Republic. Neither group of people of Azerbaijan, nor any individual may appropriate authority on its implementation.

People of Azerbaijan realise sovereign power directly by way of referendum, and through their representatives in the parliament of the Azerbaijan Republic elected by secret vote, using suffrage, equal right.

People of Azerbaijan guarantee democratic state system and leadership of law as expression of people’ will.

People of Azerbaijan form independent, secular, democratic, unitary state, where sovereign power in domestic issues is restricted only by law, and in issues of foreign affairs — by regulations resulting from agreement approved by people of Azerbaijan.

Sovereignty of the Azerbaijan Republic is indivisible and is valid all over its territory.

Azerbaijan Republic does not alienate, in any form, those sovereign rights which are exercised on its territory, to other states or unions of states.

State power in the Azerbaijan Republic is based on distribution of power.

Legislative power is exercised by the parliament of the Azerbaijan Republic.

Higher executive power belongs to the President of the Azerbaijan Republic — head of the Azerbaijan state.

Judicial power is implemented by independent law courts, and at the highest level - by Constitutional law court of the Azerbaijan Republic and Higher Arbitration Court of the Azerbaijan Republic — within the limits of their authority.

The territory of the Azerbaijan Republic is sole, indivisible, inalienable. Azerbaijan Republic does not alienate in any form any part of its territory; demarcation of its borders may be done only with consent of people of Azerbaijan, by way of general voting (referendum) of all people of Azerbaijan organised by the parliament of the Azerbaijan Republic.

Neither part of territory of the Azerbaijan Republic may be sold or passed to other state or legal entity of other state.

Only Constitution of the Azerbaijan Republic and laws of the Azerbaijan Republic apply on the territory of the Azerbaijan Republic.

Legislative power is limited by Constitution of the Azerbaijan Republic, executive and judicial power — by Constitution of the Azerbaijan Republic, laws and legal acts.

Constitution of the Azerbaijan Republic is adopted by way of general voting (referendum) carried out by decision of the parliament of the Azerbaijan Republic among the population of the Republic.

Azerbaijan Republic, in accordance with generally recognised standards of international law forms its relations with other states based on principles of sovereign equality of states, non-use of force or threat to use force, inviolability of state borders, amicable settlements of disputes, non-interference in the internal affairs of other states, respect of rights and major liberties of a person, equality of people and their right for self-determination, Cupertino of states, conscientious fulfilment of international legal obligations.

Azerbaijan Republic must:

1. Provide unity of people of Azerbaijan and establish legal order, define and provide respect of rights and freedoms resulting from the law, in the interests of individual human beings, family, public unions and other organisations.

2. Stimulate and co-ordinate all kinds of social activity, providing - based on law - harmony of interests of all citizens, create equal conditions for free development of every person.

3. Support citizens of the Azerbaijan Republic in acquisition and use of developed residential premises in buildings of state or public housing stock, private construction.

4. Assist in living conditions and social protection of most vulnerable groups of people, with the intention to improve their living standards, support people in need.

5. Provide protection of citizens of the Azerbaijan Republic against encroachment upon their life, health, personal freedom and security.

6. Protect health of citizens of the Azerbaijan Republic, provide sound environment, support family-primary unit of a state, and also motherhood and childhood.

In the Azerbaijan Republic there is uniform citizenship of the Azerbaijan Republic.

Azerbaijan Republic is responsible before its citizens in accordance with the law, citizens of the Azerbaijan Republic are responsible before the Azerbaijan Republic in accordance with the law.

Nobody may be deprived of citizenship or right to change citizenship. Legal protection is guaranteed to any citizen of the Azerbaijan Republic who is outside the Azerbaijan Republic.

All citizens of the Azerbaijan Republic are equal before the law Azerbaijan Republic, having joined Universal Declaration of Human Rights, Final Act of Helsinki Conference and other universally-recognised international-legal documents, provides observance and free exercise of all rights and liberties under the above documents, irrespective of sex, racial and national belonging, religion, social origin, political convictions and other circumstances.

Rights and liberties of citizens of the Azerbaijan Republic may not be restricted in any form, except special cases envisaged by law.

All natural resources belong to the Azerbaijan Republic without prejudice to the rights of ownership and interests of any persons or organisations.

All revenues of the Azerbaijan Republic, from any source, constitute united resources intended for use as specified by law, and in an established order, with observance of requirements and obligations envisaged in the law.

The property may be state, private and collective.

Private and collective property is recognised and secured by law, the latter determined ways of acquisition and use of property, and limits of their use.

Private and collective property cannot be alienated forcibly. In situations envisaged by law, private and collective property may be alienated in the interests of the Azerbaijan Republic, on condition of reimbursement of losses.

Full confiscation of movable and immovable property is not permitted.

Any economic activity in the Azerbaijan Republic is based on market relationships and free business activity.

Azerbaijan Republic supports Cupertino and creates necessary conditions for development of various co-operative organisations and other unions in compliance with law.

Azerbaijan Republic protects labour in all its forms. Employee has the right for remuneration in proportion to amount and quality of his work and sufficient for free and worthy existence.

Forced labour, except where envisaged by law, is forbidden.

Any citizen unable to work and deprived of necessary means for existence has a right for support and help of the state.

Labourers may freely establish professional unions.

Right of citizens for strikes is exercised by citizens within the limits of relevant laws.

Citizens of the Azerbaijan Republic who are of age have a right to vote.

Voting is private, equal, free and secret.

Right to vote may not be restricted otherwise than due to civil incapacity or decision of law court which came into force.

All citizens of the Azerbaijan Republic have a right to joint political parties and other public organisations, with the objective to participate in forming the policy of the Azerbaijan Republic.

Political parties, in accordance with principles of political pluralism, take part in forming and expression of public opinion, and constitute major element of political activity. Their establishment and activity are free within the limits of Constitution and laws of the Azerbaijan Republic.

Protection of the Azerbaijan Republic is sacred responsibility of citizen of the Azerbaijan Republic.

Military service is obligatory, within the limits, and in a form established by law.

All citizens of the Azerbaijan Republic must take part in state expenditures depending on their income.

Taxation system is based on progressive principle.

All citizens must be loyal to the Azerbaijan Republic, observe Constitution and laws of the Azerbaijan Republic.

This Constitutional Act serves as a basis for development of new Constitution of the Azerbaijan Republic.

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Non-official translation