The Constitution of the Autonomous Republic of Nakhchivan
Release date: 15.11.2011
The Constitution of the Autonomous Republic of Nakhchivan
The foundations of the autonomy of Nakhchivan were established with the international treaties of Moscow (March 16, 1921) and Kars (October 13, 1921) which are in force at present. Nakhchivan’s being a part of Azerbaijan was once again stated in those international treaties and the territorial boundaries were ascertained.
Beginning from March 16, 1921 Nakhchivan firstly was named Nakhchivan Soviet Socialist Republic, after June 16, 1923 it was named Nakhchivan province, from February 9, 1924 as Nakhchivan Autonomous Soviet Socialist Republic and from November 17, 1990 as the Autonomous Republic of Nakhchivan.
The first Constitution of Nakhchivan Autonomous Soviet Socialist Republic was adopted in 1926, the second in 1937, the third in 1978.
The base of this Constitution of the Autonomous Republic of Nakhchivan constitutes the Constitution of the Republic of Azerbaijan which was adopted on November 12, 1995 by public voting — referendum.
When adopted this Constitution of the Autonomous Republic of Nakhchivan which is closely linked with the Constitution of the Republic of Azerbaijan, the following intentions are declared solemnly:
- to protect the independence, sovereignty and territorial integrity of the Azerbaijan state;
- to ensure decent standard of life for the population of Autonomous Republic of Nakhchivan and to improve their way of living being guided by justice and law.
- to guarantee democratic, legal and secular state structure in the Autonomous Republic of Nakhchivan within the Constitution and stand in defense of law highness.
For the listed above high intentions the present Constitution is adopted.
Chapter I. General provisions
Article 1. The Status of Autonomous Republic of Nakhchivan
I. Nakhchivan Autonomous state is a democratic, legal, secular autonomous republic within the Republic of Azerbaijan.
II. The status of Autonomous Republic of Nakhchivan is determined by the Constitution of the Republic of Azerbaijan, the international treaties of Moscow (March 16, 1921) and Kars (October 13, 1921).
Article 2. The fundamentals of autonomy
I. Autonomous Republic of Nakhchivan is independent in solving issues related to its competence according to the Constitution of the Republic of Azerbaijan.
II. All other issues connected with the interests of Autonomous Republic of Nakhchivan are solved by Autonomous Republic of Nakhchivan provided that the solution of these problems was not related to the competence of the state authorities of the Republic of Azerbaijan.
III. In solving the problems related to the competence of Autonomous Republic of Nakhchivan, it associates with the common interests of the Republic of Azerbaijan.
Article 3. Division of powers
I. The state power in Autonomous Republic of Nakhchivan is organized on the principles of powers’ separation:
- legislative power is carried out by the Ali Majlis of Autonomous Republic of Nakhchivan;
- executive power is carried out by the Cabinet of Ministers of Autonomous Republic of Nakhchivan;
- judicial power is carried out by the courts of Autonomous Republic of Nakhchivan.
II. Legislative, executive and judicial power interact in accordance with the provisions of this Constitution.
III. The Ali Majlis of Autonomous Republic of Nakhchivan is independent in solving the problems of the Constitution of the Republic of Azerbaijan, laws and problems subjected to its competences by this Constitution, in solving the problems of the Cabinet of Ministers of Autonomous Republic of Nakhchivan subjected to its competences the Constitution of the Republic of Azerbaijan, laws and decrees of the President of the Republic of Azerbaijan but the courts of Autonomous Republic of Nakhchivan are independent in solving the problems subjected to its competences according to the Constitution of the Republic of Azerbaijan and laws.
Article 4. Prohibition of misappropriation of state power
I. None of the citizens, social group, organization or anybody in Autonomous Republic of Nakhchivan can misappropriate the authority of power.
II. Misappropriation of power is the serious crime against nation.
Article 5. The Chief Executive Officer of Autonomous Republic of Nakhchivan
I. The Chief Executive Officer of Autonomous Republic of Nakhchivan is the Chairman of the Ali Majlis of Autonomous Republic of Nakhchivan.
II. In the cases or procedure as specified by this constitution the Chief Executive Officer of Autonomous Republic of Nakhchivan carries out the following authorities either in the fields of legislative power and executive power:
1) appoints elections to the Ali Majlis of Autonomous Republic of Nakhchivan.
2) ensures the mutual activity of the state power systems of Autonomous Republic of Nakhchivan;
3) signs and publishes the laws of Autonomous Republic of Nakhchivan;
4) informs the Ali Majlis of Autonomous Republic of Nakhchivan about the important issues of state and public-political life of Autonomous Republic of Nakhchivan;
5) decides a decision about resignation of the Cabinet of Ministers of Autonomous Republic of Nakhchivan;
6) establishes central executive power systems within the frame of expenditures considered for the executive power in the state budget of Autonomous Republic of Nakhchivan;
7) ensures the activity of the Cabinet of Ministers body of Autonomous Republic of Nakhchivan by the offer of Prime Minister of the Autonomous Republic of Nakhchivan within the period of the Ali Majlis sessions of Autonomous Republic of Nakhchivan;
8) represents Autonomous Republic of Nakhchivan in establishing relations with foreign countries and international organizations, also with other individuals and legal entities;
9) makes offers about appointment and dismissal of judges of the Supreme Court of Autonomous Republic of Nakhchivan, of general and specialized courts of Autonomous Republic of Nakhchivan;
10) makes assignment about election of the Human rights commissioner of Autonomous Republic of Nakhchivan to the Ali Majlis of Autonomous Republic of Nakhchivan;
11) makes assignment about the appointment and dismissal of the heads of local executive power of the Autonomous Republic of Nakhchivan to the President of the Republic of Azerbaijan;
12) makes offers on conferring the highest special ranks to the President of the Republic of Azerbaijan;
13) makes offers on appointment and dismissal of the prosecutor of the Autonomous Republic of Nakhchivan, as well as regional, city and specialized prosecutors;
14) carries out the military doctrine of the Republic of Azerbaijan in Autonomous Republic of Nakhchivan, makes an offer about the command on bodies of the Armed Forces of the Republic of Azerbaijan situated in the territory of Autonomous Republic of Nakhchivan;
15) makes an offer about citizenship issues;
16) makes an offer about pardoning issues;
17) establishes the Security Council and heads it;
18) provides general and partial mobilization implementation;
19) facilitates implementation of call up of the citizens to the active service and in the implementation of the measures taken in the social defense of the demobilized servicemen.
20) facilitates implementation of the extraordinary and marital law regime declared by the President of the Republic of Azerbaijan, makes an offer about declaration of the extraordinary and martial law in Autonomous Republic of Nakhchivan;
21) establishes honorary titles of Autonomous Republic of Nakhchivan, gives the offer on rewarding with state awards of the Republic of Azerbaijan to the President of the Republic of Azerbaijan;
22) solves other issues related to the authority of the highest officials of the Autonomous Republic of Nakhchivan referred by the President of Republic of Azerbaijan.
III. The supreme official of Autonomous Republic of Nakhchivan represents Autonomous Republic of Nakhchivan in economic and cultural issues connected with the interests of Autonomous Republic of Nakhchivan, according to the limit determined by the Constitution of Autonomous Republic of Nakhchivan and according to the principles determined by laws of the Republic of Azerbaijan and in the international relations of the Republic of Azerbaijan.
IV. The highest official of Autonomous Republic of Nakhchivan ensures the continuity of the statehood of the Autonomous Republic of Nakhchivan.
V. According to the issues subjected to his (her) competence by this Constitution Supreme official of Autonomous Republic of Nakhchivan receives personal decrees and decides decisions about other problems.
Article 6. Territory
The territory of Autonomous Republic of Nakhchivan is unique, inviolable and indivisible within the state boundaries of the Republic of Azerbaijan.
Article 7. Ensuring fundamental human and citizen rights and freedoms
Protection and respect of human and citizen rights and fundamental freedoms envisaged in the Constitution of the Republic of Azerbaijan, as well as ensuring execution of duties of the citizens of the Republic of Azerbaijan is the main duty of the state bodies of the Autonomous Republic of Nakhchivan.
Article 8. Voting right of the citizens in Autonomous Republic of Nakhchivan
Citizens of the Republic of Azerbaijan who permanently live in the territory of the Autonomous Republic of Nakhchivan have the right to elect and to be elected.
Those recognized incapable by law court have no right to take part in elections.
Participation of military personnel, judges, civil servants, religious officials, persons imprisoned by decision of law court, other persons specified in the present Constitution and laws.
Article 9. The Capital
The capital of Autonomous Republic of Nakhchivan is the city of Nakhchivan.
Article 10. The symbols of Nakhchivan Autonomous State
The state symbols of Autonomous Republic of Nakhchivan are the state flag, emblem of the Republic of Azerbaijan and the national anthem of the Republic of Azerbaijan.
Chapter II. The Legislative power
Article 11. Implementation of the legislative power
In Autonomous Republic of Nakhchivan the legislative power is implemented by the Ali Majlis of Autonomous Republic of Nakhchivan.
Article 12. The number of the Ali Majlis of Autonomous Republic of Nakhchivan
The Ali Majlis of Autonomous Republic of Nakhchivan consists of 45 deputies.
Article 13. Procedure of election of deputies of Ali Majlis of the Autonomous Republic of Nakhchivan
The deputies of the Ali Majlis of Autonomous Republic of Nakhchivan are elected on the basis of majoritarian election system, common, equal and on the basis of direct electional law free, personal and secret way of voting.
Article 14. The term of validity of the Ali Majlis summon of Autonomous Republic of Nakhchivan
I. The term of each summon validity of the Ali Majlis of Autonomous Republic of Nakhchivan is 5 years.
II. The elections of each summon of the Ali Majlis of Autonomous Republic of Nakhchivan is held at every five years on the first Sunday of November.
III. The term of deputies power of the Ali Majlis of Autonomous Republic of Nakhchivan is restricted by the term of power of the Ali Majlis summon of Autonomous Republic of Nakhchivan.
IV. If new elections are held for the seats of the deputies dismissed from the Ali Majlis of Autonomous Republic of Nakhchivan, the term of power of the deputy elected newly is restricted with the rest term of power of the deputy dismissed.
Article 15. The requirements to candidates of deputies to the Ali Majlis of Autonomous Republic of Nakhchivan
I. Any citizen of the Republic of Azerbaijan living permanently in the territory of Autonomous Republic of Nakhchivan being not under 25 years old may be elected deputy of the Ali Majlis of Autonomous Republic of Nakhchivan as specified by law.
II. Persons having dual citizenship, those having obligations to other states, those working in the bodies of executive or judicial power, persons involved in other remunerated activity except scientific, pedagogical and creative activity, religious servants, persons whose incapacity has been confirmed by law court, those condemned for a grave crime, serving a sentence due to verdict of court may not be elected the deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan.
Article 16. Verification and confirmation the results of the deputies elections to the Ali Majlis of Autonomous Republic of Nakhchivan
The results of the elections correctness are verified and affirmed by the Supreme Court of Autonomous Republic of Nakhchivan as specified by law.
Article 17. The end of the deputies power of the Ali Majlis of Autonomous Republic of Nakhchivan
I. The powers of the deputies of the Ali Majlis of Autonomous Republic of Nakhchivan end in the first day of the meeting of a new summon of the Ali Majlis of Autonomous Republic of Nakhchivan.
II. If the end of the Ali Majlis term of power of Autonomous Republic of Nakhchivan fewer than 120 days are left, new elections are not held to the seats of the dismissed deputies of the Ali Majlis of Autonomous Republic of Nakhchivan.
III. The Ali Majlis of Autonomous Republic of Nakhchivan is plenipotentiary with verification the powers of 31 deputies.
Article 18. The sessions of the Ali Majlis of Autonomous Republic of Nakhchivan
I. The Ali Majlis of Autonomous Republic of Nakhchivan assembles for two next sessions every year.
After verification the powers of 31 deputies of the Ali Majlis of Autonomous Republic of Nakhchivan, the first meeting of the Ali Majlis of Autonomous Republic of Nakhchivan is held not late than a week starting from the very day.
II. The extraordinary sessions of the Ali Majlis of Autonomous Republic of Nakhchivan are held by the President of the Republic of Azerbaijan, by Milli Majlis of the Republic of Azerbaijan, by demand of 16 deputies of the Ali Majlis of Autonomous Republic of Nakhchivan or by self initiative of the chairman of the Ali Majlis of Autonomous Republic of Nakhchivan.
III. The agenda of the extraordinary session of the Ali Majlis of Autonomous Republic of Nakhchivan is consequently determined by those who demand it. After consideration the issues put on this agenda the extraordinary session is over.
IV. The sessions of the Ali Majlis of the Autonomous Republic of Nakhchivan are publicly held. At the request of 31 deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan or at the suggestion of the highest official of the Autonomous Republic of Nakhchivan, closed meetings of sessions of the Ali Majlis of the Autonomous Republic of Nakhchivan can be held.
Article 19. Deprivation from the deputy power of the Ali Majlis of Autonomous Republic of Nakhchivan and losing the power of the Ali Majlis deputies of Autonomous Republic of Nakhchivan.
I. The deputy of the Ali Majlis of Autonomous Republic of Nakhchivan is deprived of a deputy mandate in the following cases:
1) if discovered incorrect calculation of votes during elections;
2) when leaving the citizenship of the Republic of Azerbaijan or receiving the citizenship of another country;
3) when committing a crime and having a court decision in effect;
4) when serving in the executive and judicial systems, the service of a religious figure, engaging in other paid activities, with the exception of scientific, pedagogical and creative activities;
5) if a deputy refuses himself;
The decision about deprivation from the deputy power of the Ali Majlis of Autonomous Republic of Nakhchivan is adopted as specified by law.
II. When the deputies of the Ali Majlis of Autonomous Republic of Nakhchivan can’t execute their powers or in other cases as considered in law their powers are lost.
The procedure to receive a decision about it is determined as specified by law.
Article 20. The immunity of the deputies of the Ali Majlis of Autonomous Republic of Nakhchivan.
I. Within the power term the personality of the deputy of the Ali Majlis of Autonomous Republic of Nakhchivan is inviolable in Autonomous Republic of Nakhchivan. The deputy of the Ali Majlis of Autonomous Republic of Nakhchivan can’t be prosecuted excluding red-handed catch, can’t be imprisoned, can’t be held an administrative punishment by court, can’t be undergone to watch, can’t be examined personally. If the deputy of the Ali Majlis of Autonomous Republic of Nakhchivan is caught red-handed he can be arrested. In this case the system who arrested the deputy of the Ali Majlis of Autonomous Republic of Nakhchivan must inform the prosecutor of Autonomous Republic of Nakhchivan without any delay.
II. To the inviolability of the Ali Majlis deputy of Autonomous Republic of Nakhchivan only the Ali Majlis of Autonomous Republic of Nakhchivan can put an end by the decided simple votes majority decision on the basis of the appointment of the Autonomous Republic of Nakhchivan prosecutor.
Article 21. Prohibitions against prosecuting the deputy of the Ali Majlis of Autonomous Republic of Nakhchivan.
The deputies of the Ali Majlis of Autonomous Republic of Nakhchivan can’t be prosecuted for their activity in the Ali Majlis, for voting or for their thought expressed. Out of their consent nobody can demand explanation about it.
Article 22. Organizational management of the activity of the Prosecutor of the Ali Majlis of the Autonomous Republic of Nakhchivan.
The Ali Majlis of Autonomous Republic of Nakhchivan determines self working principle and establishes the certain systems of the Ali Majlis of which, elects own chairman and his deputies, establishes permanent and other commissions.
Article 23. The acts of the Ali Majlis of Autonomous Republic of Nakhchivan.
I. The Ali Majlis of Autonomous Republic of Nakhchivan adopts laws and decrees about the issues for their authorities.
II. The laws and decrees are adopted in the Ali Majlis of Autonomous Republic of Nakhchivan on the basis of the Constitution of the Republic of Azerbaijan and on the principle as specified by this Constitution.
III. The deputies of the Ali Majlis of Autonomous Republic of Nakhchivan carry out their voting right personally.
IV. The Ali Majlis of Autonomous Republic of Nakhchivan is independent in solving the issues attributed to its power by the Constitution and laws of the Republic of Azerbaijan.
Article 24. The general rules determined by the Ali Majlis of Autonomous Republic of Nakhchivan
I. The Ali Majlis of Autonomous Republic of Nakhchivan determines general rules about the following issues:
1) the elections to the Ali Majlis of Autonomous Republic of Nakhchivan;
2) the status of the Ali Majlis deputies of Autonomous Republic of Nakhchivan;
3) the status of the commissioner of Autonomous Republic of Nakhchivan on Human rights;
4) the taxes according to the economic and tax policy of the Republic of Azerbaijan;
5) the development directions of the economy of Autonomous Republic of Nakhchivan;
6) social maintenance;
7) environment protection;
8) tourism;
9) public health, science and culture;
10) other issues attributed to its authority as specified by the Constitution and laws of the Republic of Azerbaijan.
II. The Ali Majlis of Autonomous Republic of Nakhchivan adopts laws about the issues stated in this article.
Article 25. The issues solved by the Ali Majlis of Autonomous Republic of Nakhchivan
I. The Ali Majlis of Autonomous Republic of Nakhchivan decides on the following issues:
1) organizing the working of the Ali Majlis of Autonomous Republic of Nakhchivan;
2) approval of the budget of Autonomous Republic of Nakhchivan;
3) affirmation the economic and social programs of Autonomous Republic of Nakhchivan;
4) appointment and dismissal of the Prime Minister of Autonomous Republic of Nakhchivan;
5) affirmation the body of the Cabinet of Ministers of Autonomous Republic of Nakhchivan;
6) confidence to the Cabinet of Ministers of Autonomous Republic of Nakhchivan;
7) election of the commissioner of the Autonomous Republic of Nakhchivan for Human rights by the assignment of the high official of the Autonomous Republic of Nakhchivan;
8) appointment of members of the Central Election Commission of the Autonomous Republic of Nakhchivan at the suggestion of the high official of the Autonomous Republic of Nakhchivan;
9) Approval of the decrees of the high official of the Autonomous Republic of Nakhchivan in the cases considered in this Constitution;
10) Other issues attributed to its authority by the Constitution and laws of the Republic of Azerbaijan.
II. On issues specified in paragraphs 1 and 2 of Part I of this article, it adopts laws and on other issues in the same manner adopts resolutions.
Article 26. The right of legislative initiative
I. The right of legislative initiative in the Ali Majlis of Autonomous Republic of Nakhchivan (the right to put for consideration the draft laws and other issues to the Ali Majlis of Autonomous Republic of Nakhchivan) belongs to the deputies of the Ali Majlis of Autonomous Republic of Nakhchivan, to the Prime Minister of Autonomous Republic of Nakhchivan and to the Prosecutors Office of the Autonomous Republic of Nakhchivan.
II. The draft laws and resolutions submitted for discussion to the Ali Majlis of the Autonomous Republic of Nakhchivan under the legislative initiative of the Prime Minister of the Autonomous Republic of Nakhchivan, the Supreme Court of the Autonomous Republic of Nakhchivan and the Prosecutor's Office of the Autonomous Republic of Nakhchivan shall be submitted for discussion and put to the vote in the form submitted.
III. The amendments in such laws and draft laws can be held by consent of the system that used the right of legislative initiative.
IV. The laws and draft laws submitted for consideration in the Ali Majlis of Autonomous Republic of Nakhchivan by the deputies of the Ali Majlis of Autonomous Republic of Nakhchivan, the Prime Minister of Autonomous Republic of Nakhchivan and the Supreme Court of Autonomous Republic of Nakhchivan and the Prosecutor's Office of the Autonomous Republic of Nakhchivan are put to voting within two months.
V. If the law and draft law was declared urgently by the deputies of the Ali Majlis of Autonomous Republic of Nakhchivan, the Prime Minister of Autonomous Republic of Nakhchivan, the Supreme Court of Autonomous Republic of Nakhchivan and the Prosecutor's Office of the Autonomous Republic of Nakhchivan, and then this term constitutes 20 days.
VI. The drafts of the law and resolutions are justified and objectives of their adoption are specified.
Article 27. Signing the laws and decrees
I. Thereafter 10 days after adoption the laws and decrees they are signed by the Chairman of the Ali Majlis of Autonomous Republic of Nakhchivan.
II. The law and draft law declared urgent is signed by the Chairman of the Ali Majlis of Autonomous Republic of Nakhchivan within 24 hours since the day adopted.
Article 28. The acts of the Ali Majlis of Autonomous Republic of Nakhchivan coming into force
If another rule isn’t considered in the law and decree of the Ali Majlis of Autonomous Republic of Nakhchivan in it, the law and decree come into force since the day of publishing.
Article 29. The requirements about the Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan
I. The Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan is elected by the Ali Majlis of Autonomous Republic of Nakhchivan, subordinates it and renders report to it. He can be recalled by the Ali Majlis of the Autonomous Republic of Nakhchivan.
II. Each deputy of the Ali Majlis of Autonomous Republic of Nakhchivan can be elected Chairman of the Ali Majlis of Autonomous Republic of Nakhchivan provided that, not to be less than 30 years old, to live permanently in the territory of Autonomous Republic of Nakhchivan not fewer than five years, not having commitment in front of other countries, high educated, not having dual citizenship.
III. The procedure of the Ali Majlis of Autonomous Republic of Nakhchivan election is determined by the Ali Majlis of Autonomous Republic of Nakhchivan.
Article 30. Unable to fulfill self authorities regularly of the Chairman of the Ali Majlis of Autonomous Republic of Nakhchivan
When the Chairman of the Ali Majlis of Autonomous Republic of Nakhchivan goes into retirement, when losing the executive ability of his authority for his health, during a certain term his authorities execution is carried out by the first deputy of the Ali Majlis of Autonomous Republic of Nakhchivan or if not that, by the deputy until electing a new chairman.
Article 31. Relieving the Chairman of the Ali Majlis of Autonomous Republic of Nakhchivan of his post
The procedure of relieving the Chairman of the Ali Majlis of Autonomous Republic of Nakhchivan of his post shall be determined by the Internal Regulations of the Ali Majlis of the Autonomous Republic of Nakhchivan.
Article 32. The authorities of the Chairman of the Ali Majlis of Autonomous Republic of Nakhchivan
I. The Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan:
1) shall call extraordinary sessions of the Ali Majlis;
2) shall chair sessions of the Ali Majlis of the Autonomous Republic of Nakhchivan;
3) shall submit to the Ali Majlis of the Autonomous Republic of Nakhchivan the candidacy of a person nominated by the President of the Republic of Azerbaijan for the post of the Prime Minister of the Autonomous Republic of Nakhchivan;
4) shall submit to the Ali Majlis of the Autonomous Republic of Nakhchivan the candidacy of persons nominated by the Prime Minister of the Autonomous Republic of Nakhchivan to posts of members of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan;
5) shall deprive the deputy of the Ali Majlis of the Autonomous Republic of Nakhchivan of his/her mandate if he/she voluntarily refuses from the mandate or in other circumstances determined by the law;
6) the Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan shall issue decisions with regard to realization of his powers;
7) shall make proposals to the Ali Majlis of the Autonomous Republic of Nakhchivan about election and dismissal of deputies to the Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan;
8) shall organize the apparatus of the Ali Majlis of the Autonomous Republic of Nakhchivan in the order determined by the Ali Majlis of the Autonomous Republic of Nakhchivan and shall appoint its management;
9) shall decide on other issues attributed to his/her powers by the present Constitution.
Article 33. The acts of the Chairman of the Ali Majlis of Autonomous Republic of Nakhchivan
The Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan shall issue decrees.
Chapter III. Executive Power
Article 34. The Executive Power in Autonomous Republic of Nakhchivan
I. The executive power in Autonomous Republic of Nakhchivan is carried out by the Cabinet of Ministers of Autonomous Republic of Nakhchivan.
II. The Cabinet of Ministers of Autonomous Republic of Nakhchivan is high executive power of Autonomous Republic of Nakhchivan.
III. The Cabinet of Ministers of Autonomous Republic of Nakhchivan subordinates to the Ali Majlis of Autonomous Republic of Nakhchivan and periodically reports to it.
Article 35. The status of the Cabinet of Ministers of Autonomous Republic of Nakhchivan
The Cabinet of Ministers of Autonomous Republic of Nakhchivan is independent in solving the issues attributed to its authority according to the Constitution of the Republic of Azerbaijan, laws, the decrees of the President of the Republic of Azerbaijan, the Constitution of Autonomous Republic of Nakhchivan and laws of it.
Article 36. The staff of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan
I. The staff of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan consists of the Prime Minister of Autonomous Republic of Nakhchivan, his deputies, the ministers of Autonomous Republic of Nakhchivan and leaders of central executive powers.
II. The staff of the Cabinet of Ministers of Autonomous Republic of Nakhchivan shall be approved by the Ali Majlis of Autonomous Republic of Nakhchivan according to the offer of Prime Minister of Autonomous Republic of Nakhchivan.
Article 37. The Prime Minister of Autonomous Republic of Nakhchivan
The Prime Minister of Autonomous Republic of Nakhchivan is assigned by the Ali Majlis of Autonomous Republic of Nakhchivan upon the appointment of the President of the Republic of Azerbaijan.
Article 38. The meetings of the Cabinet of Ministers of Autonomous Republic of Nakhchivan
As usual, the meetings of the Cabinet of Ministers of Autonomous Republic of Nakhchivan are headed by the Prime Minister of Autonomous Republic of Nakhchivan
Article 39. The authorities of the Cabinet of Ministers of Autonomous Republic of Nakhchivan
I. The Cabinet of Ministers of Autonomous Republic of Nakhchivan:
- prepares the budget of the autonomous republic and submits to the Ali Majlis of Autonomous Republic of Nakhchivan;
- executes the budget of the autonomous republic;
- ensures implementation of the economic programs of the autonomous republic;
- ensures implementation of the social programs of the autonomous republic;
- heads the ministers and other executive power systems, cancels their acts;
- Solves other issues attributed to its authority by the President of the Republic of Azerbaijan.
II. The Cabinet of Ministers of Autonomous Republic of Nakhchivan represents Autonomous Republic of Nakhchivan in the Cabinet of Ministers of the Republic of Azerbaijan in the fields of economy and culture.
Article 40. The acts of the Cabinet of Ministers of Autonomous Republic of Nakhchivan
I. In defining general principles the Cabinet of Ministers of Autonomous Republic of Nakhchivan adopts decisions and decrees according to other issues.
II. The acts of the Cabinet of Ministers of Autonomous Republic of Nakhchivan come into force since the day of publishing, if undetermined other principles.
Article 41. Requirements to candidates of members of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan
I. To the post of Prime Minister of Autonomous Republic of Nakhchivan the citizen of the Republic of Azerbaijan is appointed whose age is not less than 30, higher educated, have the right to participate in elections, having no commitment in front of another state.
II. To the deputy of Prime Minister of Autonomous Republic of Nakhchivan, minister, the leadership position to other central executive systems the citizen of the Republic of Azerbaijan is appointed who is over 25 years old, having the right to participate in elections, higher educated, having no commitment in front of another state.
Article 42. Requirements to members of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan
Members of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan may not occupy any posts, irrespective of the procedure — elections or appointment, may not be involved in entrepreneurial, commercial and other remunerated activity except scientific, pedagogical and creative activity, may not get remuneration other than the means for scientific, pedagogical and creative activity
Chapter IV. The Judicial power
Article 43. The Judicial power execution
I. The Judicial power in Autonomous Republic of Nakhchivan is only executed by courts via justice judgment.
II. The Judicial power is executed by the Supreme Court of Autonomous Republic of Nakhchivan, the general and specialized courts of Autonomous Republic of Nakhchivan.
III. The judicial power is executed according to the Constitution of the Republic of Azerbaijan, by means of civic and criminal court execution and by means of different ways as specified by law.
IV. The Prosecutor’s office of Autonomous Republic of Nakhchivan and the defense lateral participate in criminal proceedings.
V. The judicial system and the court execution principle are identified by law.
VI. Use of legal means aimed at changing the authority of law courts and establishment of extraordinary law courts is prohibited.
VII. Judicial proceedings must ensure the establishment of truth.
Article 44. The Supreme Court of Autonomous Republic of Nakhchivan
I. The Supreme Court of the Autonomous Republic of Nakhchivan is the supreme judicial body for civil, criminal and other cases related to the production of general and specialized courts; carries out justice in the territory of the Autonomous Republic of Nakhchivan on appeal. It carries out a supervision over the work of the general courts due to the procedural principles established by law.
II. The Supreme Court of Autonomous Republic of Nakhchivan ensures its Constitutional supervision in Autonomous Republic of Nakhchivan. It solves the issues as follows upon the request of Supreme official of Autonomous Republic of Nakhchivan, the Ali Majlis of Autonomous Republic of Nakhchivan, the Cabinet of Ministers of Autonomous Republic of Nakhchivan, the Chairman of the Supreme Court of Autonomous Republic of Nakhchivan and the Prosecutor’s Office of Autonomous Republic of Nakhchivan;
1) The compliance of laws of Autonomous Republic of Nakhchivan, the decrees of the Ali Majlis of Autonomous Republic of Nakhchivan, the decrees and decisions of Supreme official of Autonomous Republic of Nakhchivan, the decrees of the Chairman of the Ali Majlis of Autonomous Republic of Nakhchivan, the decisions of the Cabinet of Ministers of Autonomous Republic of Nakhchivan, the normative juridical acts of the cultural executive power systems of Autonomous Republic of Nakhchivan with the Constitution of Autonomous Republic of Nakhchivan;
2) The compliance of the decrees of the Ali Majlis of Autonomous Republic of Nakhchivan, the decrees and decisions of the supreme official of Autonomous Republic of Nakhchivan, the decrees of the Chairman of the Ali Majlis of Autonomous Republic of Nakhchivan, the decisions of the Cabinet of Ministers of Autonomous Republic of Nakhchivan, the normative juridical acts of the central executive power systems of Autonomous Republic of Nakhchivan with the laws of Autonomous Republic of Nakhchivan;
3) The compliance of the decisions of the Cabinet of Ministers of Autonomous Republic of Nakhchivan, the normative juridical acts of the central executive power systems of Autonomous Republic of Nakhchivan with the decrees and decisions of the Supreme official of Autonomous Republic of Nakhchivan;
III. Everybody can make a complaint of those who violate his rights and freedom, from the legislative and executive power system’s normative juridical acts of Autonomous Republic of Nakhchivan as stated in the 1-3 items of the II part of this article, the Supreme Court of Autonomous Republic of Nakhchivan to solve the problem and also can make a complaint to the Supreme Court of Autonomous Republic of Nakhchivan from the municipal and court acts to restore his violated rights and freedom as specified by law.
IV. One can make a complaint to the Constitutional court of the Republic of Azerbaijan from the acts of the Supreme Court of Autonomous Republic of Nakhchivan, as specified by law, in connection with the execution of the Constitutional supervision in Autonomous Republic of Nakhchivan.
V. The courts of Autonomous Republic of Nakhchivan can appeal to the Supreme Court of Autonomous Republic of Nakhchivan about explaining the laws of Autonomous Republic of Nakhchivan in connection with execution of human rights and freedoms as specified by law.
VI. The judges of the Supreme Court of Autonomous Republic of Nakhchivan are appointed by Milli Majlis of the Republic of Azerbaijan upon the proposal made by the Chairman of Ali Majlis of Autonomous Republic of Nakhchivan to the President of the Republic of Azerbaijan and by the presentation of the President of the Republic of Azerbaijan.
VII. Decrees of the Supreme Court of the Autonomous Republic of Nakhchivan must be published.
Article 45. General and specialized courts of Autonomous Republic of Nakhchivan
I. The general and specialized courts of Autonomous Republic of Nakhchivan are the first instance courts due to the cases subjected to their authorities as specified by law.
II. The judges of general and specialized courts of Autonomous Republic of Nakhchivan are appointed by the President of the Republic of Azerbaijan upon the proposal made by the Chairman of Ali Majlis of Autonomous Republic of Nakhchivan.
Article 46. The Prosecutor’s Office of Autonomous Republic of Nakhchivan
I. The Prosecutor's Office of the Autonomous Republic of Nakhchivan, in the manner prescribed by law, carries out supervision over the execution and application of laws, initiates criminal cases and conducts investigations in cases provided for by law, defends a state cases in the court, raises a lawsuit in court and makes a protest against the court decisions.
II. The Prosecutor’s Office of the Autonomous Republic of Nakhchivan is an integral centralized body based on subordination of territorial prosecutors to the Prosecutor of the Autonomous Republic of Nakhchivan and the Prosecutor General of the Republic of Azerbaijan.
III. The prosecutor of Autonomous Republic of Nakhchivan is appointed to the position by the President of the Republic of Azerbaijan upon the offer of the Chairman of the Ali Majlis of Autonomous Republic of Nakhchivan, with the representation of the General prosecutor of the Republic of Azerbaijan.
IV. The regional and specialized prosecutors are appointed to the position and dismissed by the General prosecutor of Azerbaijan upon the offer of the Chairman of the Ali Majlis of Autonomous Republic of Nakhchivan and with the consent of the President of the Republic of Azerbaijan.
Chapter V. The legislative system
Article 47. The legal force of the Constitution of Autonomous Republic of Nakhchivan
I. The Constitution of Autonomous Republic of Nakhchivan possesses the highest juridical force among the other normative juridical acts of Autonomous Republic of Nakhchivan.
II. The Constitution of the Autonomous Republic of Nakhchivan possesses a direct juridical force.
III. The Constitution of Autonomous Republic of Nakhchivan is the base of the legislative system of Autonomous Republic of Nakhchivan.
Article 48. The legislative system of Autonomous Republic of Nakhchivan
I. The legislative system of Autonomous Republic of Nakhchivan is a part of the legislative system of the Republic of Azerbaijan.
II. The legislative system of Autonomous Republic of Nakhchivan complies with the legislative system of the Republic of Azerbaijan.
III. The legislative system of Autonomous Republic of Nakhchivan consists of the following normative juridical acts of Autonomous Republic of Nakhchivan;
1) The Constitution of Autonomous Republic of Nakhchivan;
2) The laws of Autonomous Republic of Nakhchivan;
3) The decrees of the Supreme official of Autonomous Republic of Nakhchivan;
4) The decisions of the Cabinet of Ministers of Autonomous Republic of Nakhchivan;
5) The normative acts of the central executive power systems of Autonomous Republic of Nakhchivan.
Article 49. The normative legal acts of the Autonomous Republic of Nakhchivan
I. The normative legal acts must ground on law and justice (equal interests, equal relations).
II. The laws of Autonomous Republic of Nakhchivan must not be against the Constitution and laws of the Republic of Azerbaijan, must not be against the Constitution of Autonomous Republic of Nakhchivan, only the published laws implementation and execution are obligatory for all citizens, executive power and judicial power, juridical persons and municipals in Autonomous Republic of Nakhchivan.
III. The decrees of the Supreme official should not contradict the Constitution and laws of the Republic of Azerbaijan, the Constitution and laws of Autonomous Republic of Nakhchivan, the decrees and decisions of the President of the Republic of Azerbaijan, only after publishing the implementation and execution of the decrees of the Supreme official of Autonomous Republic of Nakhchivan are obligatory for the citizens, the central and local executive power systems, juridical persons.
IV. The decisions of the Cabinet of Ministers of Autonomous Republic of Nakhchivan must not be against the Constitution and laws of the Republic of Azerbaijan, should not contradict the Constitution and laws of Autonomous Republic of Nakhchivan, the decrees and orders of the President of the Republic of Azerbaijan, the decrees and orders of the supreme official of Autonomous Republic of Nakhchivan. Only thereafter publishing the implementation and execution of the orders of the Cabinet of Ministers of Autonomous Republic of Nakhchivan are obligatory for the citizens, the central executive authorities and legal entities.
V. The acts of the central executive authorities of Autonomous Republic of Nakhchivan must not be against the Constitution and laws of the Republic of Azerbaijan, the Constitution and laws of Autonomous Republic of Nakhchivan, the orders and decrees of the President of the Republic of Azerbaijan, the decisions and orders of the Cabinet of Ministers of Autonomous Republic of Nakhchivan, the acts of the central executive power of the Republic of Azerbaijan.
Chapter VI. The amendments and additions to the Constitution of Autonomous Republic of Nakhchivan
Article 50. The procedure of approval of amendments and additions to the Constitution of Autonomous Republic of Nakhchivan
I. The amendments and additions to the Constitution of Autonomous Republic of Nakhchivan are submitted to the Milli Majlis of the Republic of Azerbaijan to be ratified just after adopted in the Ali Majlis of Autonomous Republic of Nakhchivan with 35 outvoting.
II. The offer about amendments and additions to the Constitution of Autonomous Republic of Nakhchivan is put to the voting 2 times in the Ali Majlis of Autonomous Republic of Nakhchivan. The second vote shall be held 3 months after the first vote.
III. The Constitutional laws about amendments and additions to the Constitution of Autonomous Republic of Nakhchivan is submitted to the Chairman of the Ali Majlis of Autonomous Republic of Nakhchivan to sign according to the principle considered for the offer and laws after the first and second voting.
IV. The amendments and additions to the Constitution of Autonomous Republic of Nakhchivan are the integral part of the Constitution of Autonomous Republic of Nakhchivan and should not contradict the basic text of the Constitution of Autonomous Republic of Nakhchivan.
Transitional principles
1. The Constitution of the Autonomous Republic of Nakhchivan comes into force after its adoption by the Ali Majlis of the Autonomous Republic of Nakhchivan and after approval by the Milli Mejlis of the Republic of Azerbaijan from the date of its official publication.
From the day this Constitution comes into force the Constitution (Fundamental Law) of Autonomous Republic of Nakhchivan which was adopted on May 30, 1978 loses its force.
2. The authorities of the people’s deputies of Autonomous Republic of Nakhchivan end in the first day of the meeting of the newly elected Ali Majlis of Autonomous Republic of Nakhchivan.
The first meeting of the newly elected Ali Majlis of Autonomous Republic of Nakhchivan is held within a month since the day of proclaiming the election of at least 31 deputies of the Ali Majlis of Autonomous Republic of Nakhchivan.
3. Article 79. «About the elections to the Ali Majlis of Autonomous Republic of Nakhchivan» of the Law of Autonomous Republic of Nakhchivan received on September 12, 1995 is in force until ending the authorities of the first summon of the Ali Majlis of Autonomous Republic of Nakhchivan.
4. Until the day of the adoption of this Constitution, laws and other normative legal acts of the Autonomous Republic of Nakhchivan, being in force in the territory of the Autonomous Republic of Nakhchivan, in part not contradicting this Constitution, remain in force.
As amended by the Laws of October 21, 2005, No. 1034-IIKQD; December 30, 2005, No. 42-IIIKQD; October 2, 2006, No. 127-IIIKQD; September 30, 2010, No. 1060-IIIKQD; November 15, 2011, № 227-IVKQD («LegalActs» LLC).
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Non-official translation