The Azerbaijan people, continuing the traditions of many centuries of their Statehood, guided by the principles which are reflected in the Constitutional Act on the State Independence of the Republic of Azerbaijan, wishing to provide welfare for all and everyone, and to establish justice, freedom, security, and being aware of their responsibility before past, present, and future generations, exercise their sovereign right by solemnly declaring the following goals:

For the sake of the above stated high intentions, this Constitution shall be adopted through a nationwide referendum.

I. The Azerbaijan people are the sole source of State power in the Republic of Azerbaijan.

II. The Azerbaijan people include citizens of the Republic of Azerbaijan that live in the territory of the Republic of Azerbaijan or outside the country and that obey the Azerbaijan State and its Laws. This does not exclude norms defined by the international law.

I. The Azerbaijan people have the sovereign right to freely and independently decide their fate and to establish the form of its own governance.

II. The Azerbaijan people implement their sovereign right by universal elections-referendum and by their representatives elected on the basis of universal, direct and equal elections by secret and individual ballot.

I. The Azerbaijan people can settle every matter connected with their rights and interests by referendum.

II. The below-mentioned matters can only be determined by referendum:

1. The adoption of the Constitution of the Republic of Azerbaijan and the introduction of changes to it.

2. The change of State borders of the Republic of Azerbaijan.

No one except authoritative representatives elected by the people have the right to represent, speak for and address on behalf of the people.

I. The Azerbaijan people are united.

II. The unity of the Azerbaijan people constitutes the foundation of the Azerbaijan State. The Republic of Azerbaijan is wholly and indivisibly the Homeland for all the citizens of the Republic of Azerbaijan.

I. No part of the Azerbaijan people, either an individual, or a social group or an organization has the right to usurp the authority of the Azerbaijan people to exercise the power.

II. Power usurpation is the most serious crime directed against the people.

I. The Azerbaijan State is a democratic, law-governed, secular, unitary republic.

II. The Republic of Azerbaijan sovereign power in internal matters is confined to legal rules, while in international matters it is restricted to solely international agreements.

III. State power in the Republic of Azerbaijan is based on the principle of separation of powers:

IV. According to the constitutional provisions, executive, legislative and judicial powers cooperate and are independent within the framework of their authority.

I. The President is the Head of the Republic of Azerbaijan. He represents the Azerbaijan State in home and foreign policies.

II. The President of the Republic of Azerbaijan embodies the unity of the Azerbaijan people and ensures the continuity of the Azerbaijan State.

III. The President of the Republic of Azerbaijan guarantees independence, territorial integrity and fulfillment of international agreements to which the Republic of Azerbaijan is a party.

IV. The President of the Republic of Azerbaijan ensures the independence of the judicial power.

I. The Republic of Azerbaijan establishes its Armed Forces and other military troops to ensure its security and protection.

II. The Republic of Azerbaijan rejects war as a means of encroaching on the independence of other States and of settling international conflicts.

III. The President of the Republic of Azerbaijan is the Commander in Chief of the Armed Forces.

The Republic of Azerbaijan conducts its relations with other States on the basis of the principles recognized by the universally acknowledged rules of international law.

I. The territory of the Republic of Azerbaijan is unitary, inviolable and indivisible.

II. The Republic of Azerbaijan territory includes the Republic of Azerbaijan inner waters, the Caspian Sea (Lake) sector relating to the Republic of Azerbaijan, [and] the air space over the Republic of Azerbaijan.

III. The territory of the Republic of Azerbaijan may not be torn away. The Republic of Azerbaijan shall not yield its territory, or part of it, in any form, to anyone; borders can be specified only by the Decree of the Milli Majlis of the Republic of Azerbaijan on the basis of the will of the people of Azerbaijan.

I. The highest priority objective of the state is to provide rights and liberties of a person and citizen.

II. Rights and liberties of a person and citizen listed in the present Constitution are implemented in accordance with international treaties wherein the Republic of Azerbaijan is one of the parties.

I. The property in the Republic of Azerbaijan is inviolable and protected by the State.

II. The property can have the form of State property, private property and municipal property.

III. The property cannot be used against human rights and civil liberties, against interests of the society and State, against human dignity.

Natural resources belong to the Republic of Azerbaijan, without damage to the rights and interests of any physical or juridical person.

I. Development of economy based on various forms of property in the Republic of Azerbaijan is aimed to prosperity of people.

II. Based on market relationships the Azerbaijanian state creates conditions for development of economy, guarantees free business activity, prevents monopoly and unfair competition in economic relations.

I. The Republic of Azerbaijan ensures the improvement of the well-being of the people and every citizen, their social protection and normal living standard.

II. The Republic of Azerbaijan promotes the development of culture, education, medical care, science, art, protects the nature of the country, historical, material and spiritual values of the people.

I. Family as a basic element of society is under special protection of the state.

II. Parents must take care of their children and their education. The state controls implementation of this responsibility.

I. Religion in the Republic of Azerbaijan is separated from state. All religions are equal before the law.

II. Spreading and propaganda of religions humiliating people’ dignity and contradicting the principles of humanism are prohibited.

III. State educational system is secular.

I. Monetary unit of the Republic of Azerbaijan is manat.

II. Only National Bank has the right of introducing money into circulation and withdrawal them from circulation. National Bank of the Republic of Azerbaijan belongs exclusively to the state.

III. Use of other monetary units, besides manat, on the territory of the Republic of Azerbaijan is prohibited.

The Republic of Azerbaijan does not support or provide loans for activities aimed at a mutiny or coup d'etat.

I. The State language of the Republic of Azerbaijan is the Azerbaijan language. The Republic of Azerbaijan shall ensure the development of the Azerbaijan language.

II. The Republic of Azerbaijan guarantees the free use and development of other languages spoken by the population.

Baku is the capital of the Republic of Azerbaijan.

I. The State symbols of the Republic of Azerbaijan are the Republic of Azerbaijan Flag, the Republic of Azerbaijan Emblem and the Republic of Azerbaijan National Anthem.

II. The State Flag of the Republic of Azerbaijan consists of three wide stripes. The upper stripe is of blue color, the middle stripe is red and the lower one is green. There is a white crescent and eight pointed star in the middle of the red stripe on both sides of the Flag. The proportion of the width to the length is 1 by 2.

III. The design of the Republic of Azerbaijan Flag and the Republic of Azerbaijan State Emblem, the music and the text of the Republic of Azerbaijan National Anthem shall be defined by a Constitutional Law.

I. Every citizen from birth enjoys inviolable, undeniable and inalienable rights and freedoms.

II. Rights and freedoms also include commitments to society and other individuals.

I. All people are equal with respect to the law and law court.

II. Men and women possess equal rights and liberties.

III. The state guarantees equality of rights and liberties of everyone, irrespective of race, nationality, religion, language, sex, origin, financial position, occupation, political convictions, membership in political parties, trade unions and other public organizations. Rights and liberties of a person, citizen cannot be restricted due to race, nationality, religion, language, sex, origin, conviction, political and social belonging.

I. Everyone is authorized to defend his or her human rights and freedoms by accepted means.

II. The State ensures the protection of human rights and freedoms.

I. Everyone has the right to life.

II. Every citizen's right to life is inviolable with the exception of cases when as a result of the armed attack, an enemy soldier is killed, capital punishment is executed according to the court's decision and other cases specified by law.

III. Capital punishment as an extreme measure of punishment is still in force and can be applied to an individual for committing a grave crime against the State and different persons.

IV. Arms shall not be used against human beings except cases of necessary defence, urgent situations, whenever a criminal should be caught, to prevent a prisoner from running away, to prevent revolt against the state or coup, to carry out orders given by authorized persons during martial law or state of emergency, military aggression.

I. Everybody has the right to freedom.

II. The right to freedom is only limited by detention, arrest or imprisonment by procedures specified by law.

III. Anyone who is legally in the territory of the Republic of Azerbaijan can freely move and choose a place of domicile for himself and to travel from the Republic of Azerbaijan.

IV. A citizen of the Republic of Azerbaijan has the right to come back to his or her country unhampered.

I. Everyone has the right to own property.

II. Neither kind of property has priority. Ownership right including right for private owners is protected by law.

III. Everyone might possess movable and real property. Right of ownership envisages the right of owner to possess, use and dispose of the property himself/herself or jointly with others.

IV. Nobody shall be deprived of his/her property without decision of law court. Total confiscation of the property is not permitted. Alienation of the property for state or public needs is permitted only after preliminary fair reimbursement of its cost.

V. The state guarantees succession rights.

I. Everyone has the right to intellectual property.

II. Copyright, the right of invention and other forms of intellectual property shall be guaranteed by the State.

I. Everyone has the right to a secure life.

II. With the exception of cases specified by law, infringement upon a person's life, his or her physical and mental health, property, residence, the use of force against him or her is prohibited.

I. Everyone has the right for personal immunity.

II. Everyone has the right for confidentiality concerning personal and family life. Except cases envisaged by legislation interference in personal life is prohibited.

III. Gaining, storing, use and spreading information about the person private life without his/her consent is not permitted.

IV. The state guarantees everyone the right for confidentiality with respect to correspondence, telephone communications, post, telegraph messages and information sent by other communication means. This right might be restricted, as specified by legislation, to prevent crime or to find out true facts when investigating criminal case.

I. Everyone has the right to inviolability of the residence.

II. With the exception of cases specified by law or court no one is authorized to enter a residence against the will of the resident.

I. Everybody has the right to marriage upon reaching the age specified by law.

II. Marriage is contracted on the basis of voluntary consent. No one shall be forced to marry.

III. Family and marriage are under the protection of the State. Mothers, fathers and children shall be protected by law. The State renders assistance to large families.

IV. The rights of husband and wife are equal. The care and raising of children is the right and obligation of both parents.

V. Children have the obligation to take care of their parents. Able-bodied children upon reaching the age of 18 have the duty to support their invalid parents.

I. Work is the basis of individual and social well being.

II. Everyone, depending on working skills, has the right to freely choose the activity, profession, position and area of employment.

III. No one can be forced to work.

IV. Labor contracts are freely signed. No one can be forced to sign contracts.

V. On the basis of a court decision, it is permissible under conditions specified by law to impose hard labor, forcing them to work under orders issued by authorized officials to perform required work during a state of emergency or martial law.

VI. Everyone has the right to work under safe and healthy conditions, to receive without distinction no less than the minimum salary fixed by the State for fulfilled labor.

VII. The unemployed have the right to receive social benefits from the State.

VIII. The State shall do everything in its power to eradicate unemployment.

I. Everyone has the right to strike either on his own or collectively with others.

II. The right to strike of people working on a contract basis can be limited only in cases specified by law. Military and civil persons serving in the Armed Forces and other armed formations of the Republic of Azerbaijan shall not go on strike.

III. Individual and collective labor disputes are settled in the procedure established by law.

I. Everyone has the right to rest.

II. To people working on contract with a maximum 8-hour working day, rest and holiday days, at least 21-day paid annual leave is guaranteed.

I. Everyone has the right to social security.

II. It is the obligation of the family members initially to render assistance to those in their family who need it.

III. Everyone has the right to social security in old age, sickness specified by law, disability, when losing work ability or the breadwinner of the family, when unemployed and in other cases specified by law.

IV. Minimal pensions and social benefits are established by law.

V. The State creates possibilities for developing charity work, voluntary social insurance and other forms of social security and shall promote their development.

I. Everyone has the right to live in healthy environment.

II. Everyone has the right to gain information about true ecological situation and to get compensation for damage done to his/her health and property because of violation of ecological requirements.

I. Everyone has the right to participate in cultural life, make use of cultural institutions and cultural wealth.

II. Everyone must treat with respect historical, cultural and spiritual values, preserve them and protect cultural monuments.

I. Everyone has the right to health protection and medical aid.

II. The State, acting on the basis of various forms of property, implements necessary measures to promote the development of all aspects of health services, ensures the sanitary-epidemiological well being and creates various forms of medical insurance.

III. Officials are held to account if they withhold information on facts or situations which threaten the life or health of people.

I. Everyone has the right to an education.

II. The State guarantees the right to free compulsory secondary education.

III. The system of education is controlled by the State.

IV. Regardless of material conditions, the State guarantees [that] talented and merited persons continue their education.

V. The State establishes minimum educational standards.

I. No one can be deprived of his or her residence.

II. The State provides loans for the construction of houses and blocks of apartments, takes measures in order to implement [the] right to residence.

I. Everyone has the right to preserve one's national identity.

II. No one can be deprived of the right to change one's national identity.

I. Everyone has the right to use the mother tongue. Everyone has the right to be raised and get an education, be engaged in creative activities in one's mother tongue.

II. No one can be deprived of the right to use the mother tongue.

I. Everyone has the right to protect his or her honor and dignity.

II. The State shall protect personal dignity. Nothing can justify humiliation of personal dignity.

III. Nobody can be tortured or tormented, nobody shall suffer a treatment or punishment humiliating to human dignity. Nobody can be experimented upon-medically, scientifically or in any other way-without his or her consent.

I. Everyone has the freedom of thought and speech.

II. Nobody may be forced to identify or refuse his or her ideas and principles.

III. Propaganda inciting racial, ethnic or religious animosity or hostility is inadmissible.

I. Everyone enjoys the freedom of conscience.

II. Everyone has the right to define his/her attitude to religion, to profess, individually or together with others, any religion or to profess no religion, to express and spread one’s beliefs concerning religion.

III. Everyone is free to carry out religious rituals, however this should not violate public order and contradict public morals.

IV. Religious beliefs and convictions do not excuse infringements of the law.

I. Everyone has the right to freely gather with others.

II. Everyone has the right, upon notification in advance of responsible government organs, to peaceful, unarmed gatherings, meetings, demonstrations, rallies, street processions, pickets together with others.

I. Everyone is free to look for, acquire, transfer, prepare and distribute information.

II. Freedom of mass media is guaranteed. State censorship in mass media, including press is prohibited.

I. Everyone has the freedom of creative work.

II. The State ensures the realization of belles-lettres, scientific-technical and other forms of creative work.

A person having political and legal relationship to the Republic of Azerbaijan as well as mutual rights and obligations is a citizen of the Republic of Azerbaijan. A person born on the territory of the Republic of Azerbaijan is a citizen of the Republic of Azerbaijan. A person whose one parent is a citizen of the Republic of Azerbaijan is a citizen of the Republic of Azerbaijan.

I. A citizen of the Republic of Azerbaijan can under no circumstances be deprived of his or her citizenship of the Republic of Azerbaijan.

II. A citizen of the Republic of Azerbaijan can under no circumstances be expelled from the Republic of Azerbaijan or extradited to a foreign state.

III. The Republic of Azerbaijan guarantees the legal defense and protection of citizens of the Republic of Azerbaijan who reside temporarily or permanently abroad.

I. Citizens of the Republic of Azerbaijan have the right to participate without hindrance in the political life of the society and the State.

II. Every citizen of the Republic of Azerbaijan has the right to independently show resistance to the attempt of a mutiny against the State or against forced change of the constitutional order.

I. Citizens of the Republic of Azerbaijan have the right to participate in the Government. They can implement this right directly or by their representatives.

II. Citizens of the Republic of Azerbaijan have the right to serve in government organs. Officials to government organs are appointed from the citizens of the Republic of Azerbaijan. Foreign citizens and persons without citizenship can be admitted to government service by the procedures specified by law.

I. Citizens of the Republic of Azerbaijan have the right to elect and be elected to the government organs and also to participate in referenda.

II. The right to participate in the elections as well as in the referenda does not belong to persons whose incapacity has been determined by court.

III. Professional military persons, judges, government officials, persons sentenced to imprisonment according to a court decision brought into effect, religious officials and other people mentioned in the present Constitution and laws are limited in their right to participate in elections.

I. Citizens of the Republic of Azerbaijan have the right to address themselves to their government organs as well as to send them individual and collective petitions. Response to each petition must be given in the procedure and the terms established by law.

II. Citizens of the Republic of Azerbaijan have the right to criticize the activity of government organs, their officials, political parties, professional unions, other public unions and individuals. They may not be persecuted for exercising this right. Insult and slander cannot be considered criticism.

I. Everyone has the right to associate freely with others.

II. Everyone has the right to set up any organization, including a political party, professional union and any other public association or to enter an already existing association. The independent activity of all associations is guaranteed.

III. No one can be forced to enter an association or to remain its member.

IV. The activity of associations which pursue the aim of overthrowing the legitimate State power in the whole territory of the Republic of Azerbaijan or in any part of it is prohibited. The activities of associations which violate the Constitution and laws can be curtailed solely by a court order.

Everyone has the right to use his or her opportunities, abilities and property, to be independently or jointly with others engaged in business activity or in any other kind of economic activity authorized by law.

I. Rights and freedoms of every person are guaranteed in a court.

II. Everyone can challenge in the court concerning actions (or inactions) of State organs, political parties, professional unions, other public associations and officials.

I. Everyone has the right to receive qualified legal assistance.

II. In cases specified by law, legal help shall be rendered free at the expense of the State.

III. Everyone from the moment of being detained, arrested, charged with a crime on the part of authorized State organs has the right to seek the help of the Defender.

Everyone has the right to have his or her case considered in a court specified by law. It is prohibited to have the case considered in another court without his or her consent.

I. Everyone has the right to the presumption of innocence. Everyone who is charged with a crime shall be considered innocent until his or her guilt has been proven in the procedure specified by law, and a verdict, passed by the court, has come into effect.

II. In case there are grounded suspicions concerning a person's guilt, it is not permitted to bring in a verdict of guilty with respect to the person.

III. A person who is charged with a crime is not obliged to prove his or her innocence.

IV. Evidence obtained by violating the law cannot be used when administering justice. Without a verdict passed by the court, no one can be found guilty of committing a crime.

No one shall be convicted repeatedly for the same crime.

Everyone has the right to appeal to a higher court for reconsideration of the verdict passed with respect to him in the procedure specified by law as well as appeal for pardon and for mitigating the punishment.

No one can be forced to testify against himself, wife (husband), children, parents, brother, sister. A complete list of relatives against whom testifying is not obligatory is determined by law.

Every person, detained, arrested, accused in crime should be immediately advised by competent state bodies about his/her rights, reasons of his arrest and institution of criminal proceeding against him/her.

I. The rights of a person who has been a victim of a crime and abuse of power shall be protected by the State. A victim has the right to participate in court examination and to demand compensation for damage caused to him.

II. Everyone has the right to receive compensation from the State for the damage caused to him as a result of illegal actions or inaction of government organs or their officials.

I. Foreign citizens and persons without citizenship when in the Republic of Azerbaijan can enjoy all rights and freedoms and shall fulfill all the obligations together with citizens of the Republic of Azerbaijan, if they do not contradict the law or an international agreement to which the Republic of Azerbaijan is a party.

II. Rights and freedoms of foreign citizens and people without citizenship residing permanently or temporarily in the territory of the Republic of Azerbaijan can be restricted only in accordance with the international legal norms and laws of the Republic of Azerbaijan.

I. According to the universal international legal norms the Republic of Azerbaijan grants political asylum to foreign citizens and persons without citizenship.

II. Extradition to another State of persons persecuted for their political convictions and deeds which are not considered crimes in the Republic of Azerbaijan shall not be authorized.

I. To observe and to protect rights and liberties of a human being and citizen specified in the Constitution—is responsibility of bodies of legislative, executive and legal power.

II. No one may restrict implementation of rights and liberties of a human being and citizen.

III. Rights and liberties of a human being and citizen may be partially and temporarily restricted only on announcement of war, martial law and state of emergency, and also mobilization, taking into consideration international obligations of the Republic of Azerbaijan. Population of the Republic shall be notified in advance about restrictions as regards their rights and liberties.

IV. Nobody, in no circumstances may be forced to promulgate his/her religious and other beliefs, thoughts and to be persecuted for such.

V. None of the provisions of Constitution may be interpreted as regulation directed to prohibition of rights and liberties of a human being and citizen.

VI. Rights and liberties of a human being and citizen act on the territory of the Republic of Azerbaijan by themselves.

VII. Any arguments related to violation of rights and liberties of a human being and citizen are settled in law courts.

VIII. No one will be responsible for acts which were not considered criminal at the moment of their implementation. If after the crime new law was introduced envisaging no responsibility or mitigation of responsibility, said new law shall apply.

I. Everyone has obligations to the state and society directly resulting from his/her rights and liberties.

II. Everyone must follow provisions of the Constitution and Laws of the Republic of Azerbaijan, respect rights and liberties of other persons, fulfil other obligations envisaged by the law.

III. Not knowing the law does not release from responsibility.

I. Everyone has the responsibility to pay taxes and other State dues imposed by the law in full and without delay.

II. No one can be forced to pay taxes and other State dues over and above the amount determined by the law and if there are no reasons specified by the law.

I. Loyalty to the Homeland is sacred.

II. Persons employed by election or appointment in the legislative, executive and judicial organs bear responsibility for proper and accurate implementation of their obligations and in cases specified by the law take an oath.

III. A person holding a position by election or appointment in the legislative, executive and judicial organs, who has taken the oath of allegiance to the Constitution of the Republic of Azerbaijan, shall be considered to have resigned from holding the position and cannot hold this position any more, if he is charged with a crime against the independence of the Republic of Azerbaijan, its constitutional order, mutiny against the State or overthrow of the government and if the person is convicted on the basis of this charge.

Every citizen must respect the State Symbols of the Republic of Azerbaijan - its Flag, Emblem and National Anthem.

I. The Defense of the Homeland is the duty of every citizen. Citizens shall serve in the Armed Forces in accordance with the conditions specified by law.

II. If beliefs of citizens come into conflict with service in the army then in some cases envisaged by legislation alternative service instead of regular army service is permitted

To protect historical and cultural monuments is the duty of everyone.

Protection of the environment is the duty of everyone.

No one can be compelled to execute responsibilities contradicting the Constitution and the laws of the Republic of Azerbaijan.

Violation of the present Constitution and the laws of the Republic of Azerbaijan as well as abuse of rights and freedoms and failure to fulfill responsibilities specified by the present Constitution and the laws of the Republic of Azerbaijan entails liability in the forms determined by law.

The legislative power is exercised by the Milli Majlis of the Republic of Azerbaijan.

The Milli Majlis of the Republic of Azerbaijan consists of 125 Deputies.

Deputies of Milli Majlis of the Republic of Azerbaijan are elected based on majority and proportional voting systems and general, equal and direct elections by way of free, individual and secret voting.

I. Term of authority of each calling of Milli Majlis of the Republic of Azerbaijan is 5 years.

II. Elections for each calling of Milli Majlis of the Republic of Azerbaijan take place every 5 years on a first Sunday of November.

III. Term of authority of deputies of Milli Majlis of the Republic of Azerbaijan is restricted by term of authority of respective calling of Milli Majlis of the Republic of Azerbaijan.

IV. If new elections of deputies to replace retired deputies of Milli Majlis of the Republic of Azerbaijan are carried out, then term of authority of newly elected deputy corresponds to remaining term of authority of respective retired deputy.

I. 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.

II. 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.

The election results shall be verified and confirmed by the Constitutional Court of the Republic of Azerbaijan.

I. 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.

II. 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.

III. The Milli Majlis of the Republic of Azerbaijan shall have power when the authority of 83 members is confirmed.

I. Every year two sessions of Milli Majlis of the Republic of Azerbaijan are held.

Spring session begins on 1st February and continues until 31st May.

Autumn session begins on 30th September and continues until 30th December.

If 1st February and 30th September fall on holidays the session will begin on the following working day.

After approval of authority of 83 deputies of Milli Majlis of the Republic of Azerbaijan the first meeting of Milli Majlis of the Republic of Azerbaijan shall be summoned within 1 week beginning from the day of approval.

If after elections to Milli Majlis of the Republic of Azerbaijan, authority of 83 its deputies has not been approved before 1st February then day of opening of the first meeting of Milli Majlis of the Republic of Azerbaijan will be established by Constitutional Court of the Republic of Azerbaijan.

II. Extraordinary sessions of Milli Majlis of the Republic of Azerbaijan will be summoned by the Chairman of Milli Majlis of the Republic of Azerbaijan at request of the President of the Republic of Azerbaijan or 42 deputies of Milli Majlis of the Republic of Azerbaijan.

I. The powers of a Deputy of the Milli Majlis of the Republic of Azerbaijan are terminated in the following cases:

The rules of termination of the membership to the Milli Majlis of the Republic of Azerbaijan are established by law.

II. 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.

I. 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.

II. 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.

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.

Milli Majlis of the Republic of Azerbaijan determines procedure of its activity, elects its chairman and his deputies, organizes permanent and other commissions, establishes Counting Chamber.

I. The Milli Majlis of the Republic of Azerbaijan shall adopt constitutional laws, laws and resolutions on matters within its competence.

II. Constitutional laws, laws and resolutions shall be adopted by the Milli Majlis in the procedure specified by the present Constitution.

III. Members of the Milli Majlis of the Republic of Azerbaijan shall exercise the right to vote in person.

IV. In the laws and resolutions the Milli Majlis of the Republic of Azerbaijan cannot assign specific tasks to executive organs and courts.

I. The Milli Majlis of the Republic of Azerbaijan determines the general rules on the following matters:

II. 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.

III. The first part of the present Article may be supplemented by a constitutional law.

I. The following questions fall under the competence of Milli Majlis of the Republic of Azerbaijan:

1) organization of work of Milli Majlis of the Republic of Azerbaijan;

2) based on recommendation by the President of the Republic of Azerbaijan establishment of diplomatic representations of the Republic of Azerbaijan;

3) administrative-territorial division;

4) ratification and denunciation of international agreements;

5) based on recommendation by the President of the Republic of Azerbaijan approval of state budget of the Republic of Azerbaijan and control over its execution;

6) amnesty;

7) based on recommendation by the President of the Republic of Azerbaijan approval of military doctrine of the Republic of Azerbaijan;

8) in cases specified in the present Constitution approval of decrees of the President of the Republic of Azerbaijan;

9) based on recommendation by the President of the Republic of Azerbaijan giving consent for appointment of Prime-minister of the Republic of Azerbaijan;

10) based on recommendation by the President of the Republic of Azerbaijan appointment of judges of Constitutional Court of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan and Economic Court of the Republic of Azerbaijan;

11) based on recommendation by the President of the Republic of Azerbaijan giving consent for appointment and dismissal of General Procurator of the Republic of Azerbaijan;

12) dismissal of the President of the Republic of Azerbaijan by way of impeachment based on recommendation of Constitutional Court of the Republic of Azerbaijan;

13) based on recommendation by the President of the Republic of Azerbaijan dismissal of judges;

14) taking decision regarding a vote of confidence in the Cabinet of Ministers of the Republic of Azerbaijan;

15) based on recommendation by the President of the Republic of Azerbaijan appointment and dismissal of members of Administration Board of National Bank of the Republic of Azerbaijan;

16) based on recommendation by the President of the Republic of Azerbaijan giving consent for enlistment of Military Forces of the Republic of Azerbaijan to operations other than their normal duties;

17) based on request of the President of the Republic of Azerbaijan giving consent for announcement of war and conclusion of peace treaty;

18) announcement of referendum;

19) establishment of Auditor Chamber.

II. As per questions specified in paragraphs 1-5 of the present Article the laws are approved by majority of 63 votes, as per other questions decrees are approved in the same order if not specified otherwise by the present Constitution.

III. Decrees are also taken regarding other questions which due to the present Constitution fall under the competence of Milli Majlis of the Republic of Azerbaijan.

IV. The first part of the present Article may by supplemented by the Constitutional law.

I. Right of legislative initiative in Milli Majlis of the Republic of Azerbaijan (right to submit for consideration by Milli Majlis of the Republic of Azerbaijan drafts of laws and other questions) belongs to deputies of Milli Majlis of the Republic of Azerbaijan, the President of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan and Ali Majlis of Nakhichevan Autonomous Republic.

II. Drafts of laws or decrees submitted for consideration by Milli Majlis of the Republic of Azerbaijan by the President of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan or Ali Majlis of Nakhichevan Autonomous Republic, as legislative initiative, are put to the vote as they are.

III. Amendments in such drafts of laws or decrees are introduced by consent of the body which used the right of legislative initiative.

IV. Drafts of laws or decrees submitted for consideration by Milli Majlis of the Republic of Azerbaijan by the President of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan or Ali Majlis of Nakhichevan Autonomous Republic, as legislative initiative, are put to the vote in Milli Majlis of the Republic of Azerbaijan within two months.

V. If draft of the law or decree has been declared by the President of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan or Ali Majlis of Nakhichevan Autonomous Republic urgent, then above specified term shall constitute 20 days.

I. The laws are submitted to the President of the Republic of Azerbaijan for signing within 14 days from the day of adoption.

II. 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.

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.

The executive power in the Republic of Azerbaijan belongs to the President 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. (CC1)

I. The President of the Republic of Azerbaijan is elected for a 5-year term by way of general, direct and equal elections, with free, personal and secret ballot.

II. The President of the Republic of Azerbaijan is elected by majority of two thirds of votes.

III. If required majority has not achieved in the first round of voting, then second round will be held on second Sunday after the first round. Only two candidates who gained more votes than others in the first round, or two candidates following closely the first ones, should they recall their candidatures, will take part in the second round of elections.

IV. The candidate having collected simple majority of votes in the second round of elections is considered elected the President of the Republic of Azerbaijan.

V. No one may be elected the President of the Republic of Azerbaijan repeatedly, more than two times.

VI. Procedure of implementation of the present Article is specified in legislation.

The results of the elections shall be officially announced by the Constitutional Court of the Republic of Azerbaijan within 7 days after the elections.

I. 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."

II. The President of the Republic of Azerbaijan is considered to have assumed his or her duties from the day of swearing in.

I. 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.

II. 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.

III. 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.

I. Whenever the President of the Republic of Azerbaijan resigns from his post ahead of time, extraordinary elections of the President of the Republic of Azerbaijan are held within three months. In such case, until new President of the Republic of Azerbaijan is elected, the Chairman of Milli Majlis of the Republic of Azerbaijan will carry out powers of the President of the Republic of Azerbaijan.

II. If during said term the Chairman of Milli Majlis of the Republic of Azerbaijan carrying out powers of the President of the Republic of Azerbaijan resigns, becomes incapable of carrying out his powers due to illness, Prime-minister of the Republic of Azerbaijan will carry out powers of the President of the Republic of Azerbaijan.

III. If Prime-minister of the Republic of Azerbaijan is unable to fulfil powers of the President of the Republic of Azerbaijan due to reasons given in paragraph II of the Present Article, Milli Majlis of the Republic of Azerbaijan takes decree about delegation of powers of the President of the Republic of Azerbaijan to other official.

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.

I. 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.

II. 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.

III. 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.

I. The President of the Republic of Azerbaijan and his family are provided for by the state. Security of the President of the Republic of Azerbaijan and his family is ensured by special quard services.

The President of the Republic of Azerbaijan:

I. 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.

II. 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.

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.

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.

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.

I. 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.

II. The Cabinet of Ministers is the supreme executive organ of the executive power of the President of the Republic of Azerbaijan.

III. The Cabinet of Ministers of the Republic of Azerbaijan is subordinate and accountable to the President of the Republic of Azerbaijan.

IV. The agenda of the Cabinet of Ministers of the Republic of Azerbaijan is determined by the President 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.

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.

The Prime Minister of the Republic of Azerbaijan presides at meetings of the Cabinet of Ministers of the Republic of Azerbaijan.

I. 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.

II. 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.

III. 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 Republic of Azerbaijan for the post of Prime-minister of the Republic of Azerbaijan is rejected three times, the President of the Republic of Azerbaijan may appoint Prime-minister of the Republic of Azerbaijan without consent of Milli Majlis of the Republic of Azerbaijan.

The Cabinet of Ministers of the Republic of Azerbaijan:

I. The Cabinet of Ministers of the Republic of Azerbaijan establishes general rules by issuing decrees and issues orders to determine other matters.

II. 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.

I. 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.

II. 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.

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.

I. During the term of office the Prime Minister enjoys personal immunity.

II. 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.

III. 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.

IV. 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.

I. Local executive power is exercised by the Heads of executive power.

II. Heads of executive power are appointed and removed from holding positions by the President of the Republic of Azerbaijan.

III. The competence of the local executive power is determined by the President of the Republic of Azerbaijan.

I. Judicial power in Azerbaijan is implemented by law courts.

II. Judicial power is implemented through the Constitutional Court of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan, Economic Court of the Republic of Azerbaijan, ordinary and specialized law courts of the Republic of Azerbaijan.

III. Judicial power is implemented by way of constitutional, civil and criminal legal proceedings and other forms of legislation provided for by law.

IV. In all legal proceedings, except constitutional proceedings, Procurator’s Office of the Republic of Azerbaijan and lawyers take part.

V. Judicial system and legal proceedings in the Republic of Azerbaijan are determined by law.

VI. Use of legal means aimed to change of authority of law courts and establishment of extraordinary law courts which are not envisaged by the law are prohibited.

I. 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.

II. 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.

I. 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.

II. 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.

III. Direct or indirect restriction of legal procedure on someone's part and for some reason, illegal influence, pressure, threat, and interference is not permitted.

IV. Justice is administered on the basis of legal equality of citizens before the law and the court.

V. 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.

VI. Legal proceedings of criminal cases by default are not authorized in the court of first instance.

VII. Legal proceedings are conducted based on the principle of controversy.

VIII. Everyone has the right to receive qualified legal help at any stage of the legal proceedings.

IX. Justice is based on the presumption of innocence.

X. 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.

I. Judges shall enjoy immunity.

II. A judge can be brought to court only in the procedure specified by law.

III. The competence of judges can be terminated only in the legal procedure specified by law.

IV. 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.

V. 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.

Law courts take decisions on behalf of the state; implementation of these decisions is obligatory.

I. Constitutional Court of the Republic of Azerbaijan consists of 9 judges.

II. Judges of Constitutional Court of the Republic of Azerbaijan are appointed by Milli Majlis of the Republic of Azerbaijan on recommendation by the President of the Republic of Azerbaijan.

III. Constitutional Court of the Republic of Azerbaijan based on inquiry of the President of the Republic of Azerbaijan, Milli Majlis of the Republic of Azerbaijan, Cabinet of Ministers of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan, Procurator’s Office of the Republic of Azerbaijan, Ali Majlis of Nakhichevan Autonomous Republic takes decisions regarding the following:

• correspondence of laws of the Republic of Azerbaijan, decrees and orders of the President of the Republic of Azerbaijan, decrees of Milli Majlis of the Republic of Azerbaijan, decrees and orders of Cabinet of Ministers of the Republic of Azerbaijan, normative-legal acts of central bodies of executive power to Constitution of the Republic of Azerbaijan;
• correspondence of decrees of the President of the Republic of Azerbaijan, decrees of Cabinet of Ministers of the Republic of Azerbaijan, normative-legal acts of central bodies of executive power to the laws of the Republic of Azerbaijan;
• correspondence of decrees of Cabinet of Ministers of the Republic of Azerbaijan and normative-legal acts of central bodies of executive power to decrees of the President of the Republic of Azerbaijan;
• in cases envisaged by law, correspondence of decisions of Supreme Court of the Republic of Azerbaijan to Constitution and laws of the Republic of Azerbaijan;
• correspondence of acts of municipalities to Constitution of the Republic of Azerbaijan, laws of the Republic of Azerbaijan, decrees of the President of the Republic of Azerbaijan, decrees of Cabinet of Ministers of the Republic of Azerbaijan (in Nakhichevan Autonomous Republic – also to Constitution and laws of Nakhichevan Autonomous Republic and decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic);
• correspondence of interstate agreements of the Republic of Azerbaijan, which have not yet become valid, to Constitution of the Republic of Azerbaijan; correspondence of intergovernmental agreements of the Republic of Azerbaijan to Constitution and laws of the Republic of Azerbaijan;
• prohibition of political parties or other public unions;
• correspondence of Constitution and laws of Nakhichevan Autonomous Republic, decrees of Ali Majlis of Nakhichevan Autonomous Republic, decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic to Constitution of the Republic of Azerbaijan; correspondence of laws of Nakhichevan Autonomous Republic, decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic to laws of the Republic of Azerbaijan; correspondence of decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic to decrees of the President of the Republic of Azerbaijan and decrees of Cabinet of Ministers of the Republic of Azerbaijan;
• settlement of disputes connected with division of authority between legislative, executive and judicial powers.

IV. Constitutional Court of the Republic of Azerbaijan gives interpretation of the Constitution and laws of the Republic of Azerbaijan based on inquiries of the President of the Republic of Azerbaijan, Milli Majlis of the Republic of Azerbaijan, Cabinet of Ministers of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan, Procurator’s Office of the Republic of Azerbaijan and Ali Majlis of Nakhichevan Autonomous Republic.

V. Constitutional Court of the Republic of Azerbaijan exercises also other authorities envisaged in the present Constitution.

VI. Constitutional Court of the Republic of Azerbaijan takes decisions as regards the questions of its competence. Decisions of Constitutional Court of the Republic of Azerbaijan are obligatory all over the territory of the Republic of Azerbaijan.

VII. Laws and other acts, individual provisions of these documents, intergovernmental agreements of the Republic of Azerbaijan cease to be valid in term specified in the decision of Constitutional Court of the Republic of Azerbaijan, and interstate agreements of the Republic of Azerbaijan do not come into force.

I. Supreme Court of the Republic of Azerbaijan is the highest judicial body on civil, criminal, administrative and other cases directed to general and specialized law courts; it exercises control over activity of general and specialized law courts; gives explanations as per practices in activity of law courts in an order envisaged by legislation.

II. Judges of Supreme Court of the Republic of Azerbaijan are appointed by Milli Majlis of the Republic of Azerbaijan on recommendation of the President of the Republic of Azerbaijan.

I. Economic Court of the Republic of Azerbaijan is the highest law court on settlement of economic disputes. It carries out control over activity of respective specialized law courts in an order envisaged by legislation.

II. Judges of Economic Court of the Republic of Azerbaijan are appointed by Milli Majlis of the Republic of Azerbaijan on recommendation by the President of the Republic of Azerbaijan.

I. In an order specified by legislation, Procurator’s Office of the Republic of Azerbaijan exercises control over accurate and uniform fulfilment and application of laws; in cases envisaged by legislation it undertakes prosecution and carries out investigation; supports state incrimination in the law court; brings in an action in the law court; remonstrates against decisions of law court.

II. 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.

III. 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.

IV. 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.

V. 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.

I. The Nakhichevan Autonomous Republic is an autonomous State which forms part of the Republic of Azerbaijan.

II. The status of the Nakhichevan Autonomous Republic is determined by the present Constitution.

III. The Nakhichevan Autonomous Republic is an inalienable part of the Republic of Azerbaijan.

IV. The Constitution of the Republic of Azerbaijan, laws of the Republic of Azerbaijan, decrees of the President of the Republic of Azerbaijan and resolutions of the Cabinet of Ministers of the Republic of Azerbaijan are binding in the territory of the Nakhichevan Autonomous Republic.

V. The Constitution and laws of the Nakhichevan Autonomous Republic must not contradict the Constitution and the laws of the Republic of Azerbaijan, resolutions of the Cabinet of Ministers of the Nakhichevan Autonomous Republic must not contradict the Constitution and the laws of the Republic of Azerbaijan, the decrees of the President of the Republic of Azerbaijan and the resolutions of the Cabinet of Ministers of the Republic of Azerbaijan.

I. The legislative power in the Nakhichevan Autonomous Republic is exercised by the Ali Majlis of the Nakhichevan Autonomous Republic, the executive power is exercised by the Cabinet of Ministers of the Nakhichevan Autonomous Republic, the judicial power is exercised by the courts of the Nakhichevan Autonomous Republic.

II. The Ali Majlis of the Nakhichevan Autonomous Republic deals independently with matters referred to its power by the Constitution and the laws of the Republic of Azerbaijan; the Cabinet of Ministers of Nakhichevan Autonomous Republic deals independently with matters referred to its power by the Constitution and the laws of the Republic of Azerbaijan, decrees of the President of the Republic of Azerbaijan; the courts of the Nakhichevan Autonomous Republic deal independently with matters referred to its power by the Constitution and the laws of the Republic of Azerbaijan.

The Speaker of the Ali Majlis of the Nakhichevan Autonomous Republic is the highest official of the Nakhichevan Autonomous Republic.

I. The Ali Majlis of the Nakhichevan Autonomous Republic consists of 45 members.

II. The term of office for the Ali Majlis members of the Nakhichevan Autonomous Republic is five years.

III. The Ali Majlis of the Nakhichevan Autonomous Republic elects the Speaker of the Ali Majlis of the Nakhichevan Autonomous Republic and its Deputies form permanent and other commissions.

I. The Ali Majlis of the Nakhichevan Autonomous Republic establishes general rules on the following matters:

II. The Ali Majlis of the Nakhichevan Autonomous Republic adopts laws on matters specified in this Article.

I. The Ali Majlis of the Nakhichevan Autonomous Republic deals with the following matters:

II. The Ali Majlis of the Nakhichevan Autonomous Republic passes resolutions on the matters mentioned in this Article.

I. The composition of the Cabinet of Ministers of the Nakhichevan Autonomous Republic shall be determined by the Ali Majlis of the Nakhichevan Autonomous Republic on the proposal of the Prime Minister of the Nakhichevan Autonomous Republic.

II. The Prime Minister of the Nakhichevan Autonomous Republic is appointed by the Ali Majlis of the Nakhichevan Autonomous Republic based on the proposal of the President of the Republic of Azerbaijan.

III. The Cabinet of Ministers of the Nakhichevan Autonomous Republic:

IV. The Cabinet of Ministers of the Nakhichevan Autonomous Republic adopts resolutions and orders.

Heads of local executive power in the Nakhichevan Autonomous Republic are appointed by the President of the Republic of Azerbaijan on the basis of joint presentations by the Speaker of the Ali Majlis and the Prime Minister of the Nakhichevan Autonomous Republic.

I. Local government in rural areas and towns, villages and settlements is exercised by municipalities.

II. Municipalities are formed on the basis of elections.

III. Procedure of elections to municipalities and status of municipalities are specified in laws.

I. The municipalities implement their activity by meetings, permanent and other commissions.

II. Meetings of the municipalities are convened by the Chairperson of the Municipality.

I. The following matters are settled at the meetings of the municipalities:

II. Municipalities can be delegated additional authority by the legislative and the executive power. Municipalities must be allotted necessary financial means for executing this authority. The realization of this authority shall be controlled by the legislative and the executive power.

I. Decisions on matters are taken at the meetings of municipalities.

II. Decisions of municipalities are made by a simple majority vote of municipality members.

III. Decisions connected with local taxes and payments are made by a majority of two-thirds of votes of the municipality members.

Legal protection of municipalities, compensation of additional expenditures resulted from decisions made by state bodies are guaranteed.

I. The Constitution of the Republic of Azerbaijan is the supreme law in the Republic of Azerbaijan.

II. The Constitution of the Republic of Azerbaijan has direct binding effect.

III. The Constitution of the Republic of Azerbaijan is the foundation of the legal system in the Republic of Azerbaijan.

I. The legal system of the Republic of Azerbaijan consists of the following normative-legal Acts:

II. International treaties, to which the Republic of Azerbaijan is a party, are an inalienable substantive part of the legal system of the Republic of Azerbaijan.

III. In the Nakhichevan Autonomous Republic the Constitution and the laws of the Nakhichevan Autonomous Republic, resolutions of the Cabinet of Ministers of the Nakhichevan Autonomous Republic also have binding force.

IV. The legal system in the Nakhichevan Autonomous Republic must correspond to the legal system in the Republic of Azerbaijan.

V. Within their competence, the local organs of the executive power can take decisions and instructions of a normative character and other acts, provided that they do not conflict with acts forming part of the legal system.

I. Normative-legal acts should be based on law and justice (same attitude to equal interests).

II. Use and implementation of acts taken by referendum is obligatory for citizens, legislative, executive and judicial power bodies, legal entities and municipalities only after their publication.

III. The laws should not contradict the Constitution. Use and implementation of published laws is obligatory for all citizens, legislative, executive and judicial power bodies, legal entities and municipalities.

IV. Decrees of the President of the Republic of Azerbaijan should not contradict the Constitution and laws of the Republic of Azerbaijan. Use and implementation of published decrees is obligatory for all citizens, executive power bodies, legal entities.

V. Decrees of Cabinet of Ministers of the Republic of Azerbaijan should not contradict the Constitution, laws of the Republic of Azerbaijan and decrees of the President of the Republic of Azerbaijan. Use and implementation of published decrees of the Cabinet of Ministers is obligatory for citizens, central and local executive power bodies, legal entities.

VI. Acts of central bodies of executive power should not contradict the Constitution, laws of the Republic of Azerbaijan, decrees of the President of the Republic of Azerbaijan, decrees of Cabinet of Ministers of the Republic of Azerbaijan.

VII. Normative-legal acts improving legal situation of physical persons and legal entities, eliminating or mitigating their legal responsibility have reverse power. Other normative-legal acts have no reverse power.

I. Acts passed by municipalities must not contradict the Constitution and the laws of the Republic of Azerbaijan, decrees or resolutions of the Cabinet of Ministers of the Republic of Azerbaijan (and in the Nakhichevan Autonomous Republic-also the Constitution and the laws of the Nakhichevan Autonomous Republic, resolutions of the Cabinet of Ministers of the Nakhichevan Autonomous Republic).

II. The implementation of acts passed by the municipality is binding for citizens living in its territory, and for juridical persons settled in this territory.

When conflicts arise between normative-legal acts which form part of the legal system of the Republic of Azerbaijan (with the exception of the Constitution of the Republic of Azerbaijan and the acts passed by way of referendum) and international treaties to which the Republic of Azerbaijan is a party, the international treaties shall apply.

Changes to the text of the Constitution of the Republic of Azerbaijan are adopted only by referendum.

If changes in the text of the Constitution of the Republic of Azerbaijan are proposed by the Milli Majlis of the Republic of Azerbaijan or the President of the Republic of Azerbaijan, the opinion of the Constitutional Court on the proposed changes must be obtained in advance.

The Constitutional Court of the Republic of Azerbaijan cannot give an opinion on the changes to the text of the Constitution approved by referendum.

Proposals about changes in Articles 1, 2, 6, 7, 8 and 21, about restriction of provisions envisaged in Chapter 3 of the present Constitution are not subject to referendum.

I. Amendments to the Constitution of the Republic of Azerbaijan shall be adopted as Constitutional Laws in the Milli Majlis of the Republic of Azerbaijan by a majority of 95 votes.

II. Constitutional Laws of the Republic of Azerbaijan on amendments to the Constitution of the Republic of Azerbaijan are put to a vote in the Milli Majlis of the Republic of Azerbaijan twice. The second voting is held six months after the first voting.

III. Constitutional Laws of the Republic of Azerbaijan on amendments to the Constitution of the Republic of Azerbaijan are submitted to the President of the Republic of Azerbaijan both after the first voting and after the second voting.

IV. Constitutional Laws of the Republic of Azerbaijan on amendments to the Constitution of the Republic of Azerbaijan come into force upon the signing, after the second voting by the President of the Republic of Azerbaijan.

V. Constitutional Laws of the Republic of Azerbaijan are an integral part of the Constitution of the Republic of Azerbaijan and they must not contradict the main text of the Constitution of the Republic of Azerbaijan.

Amendments to the Constitution of the Republic of Azerbaijan can be put forward by the President of the Republic of Azerbaijan or at least 63 Members of the Milli Majlis of the Republic of Azerbaijan.

Neither the President of the Republic of Azerbaijan nor deputies of Milli Majlis of the Republic of Azerbaijan may propose amendments to Constitution of the Republic of Azerbaijan as per provisions contained respectively in chapters VI and V of the present Constitution.

Transitional provisions

1. The Constitution of the Republic of Azerbaijan shall come into force after the acceptance by (referendum) on the day of official publication. The Constitution (Fundamental Law) of the Republic of Azerbaijan which was adopted on the 21st of April, 1978 loses its force on the same day.

2. The President of the Republic of Azerbaijan from the day of adopting the present Constitution and up to completing the term of office exercises the powers specified by the present Constitution for the President of the Republic of Azerbaijan.

3. Paragraph V of Article 101 of the present Constitution affects the President of the Republic of Azerbaijan elected after the adoption of the present Constitution.

4. The power of the Milli Majlis composed of the People's Deputies of the Republic of Azerbaijan by the Supreme Soviet of the Republic of Azerbaijan expires on the day of the first meeting of the newly elected Milli Majlis of the Republic of Azerbaijan.

The first meeting of the newly elected Milli Majlis of the Republic of Azerbaijan shall be held a week after election of no less than 83 Members of the Milli Majlis of the Republic of Azerbaijan. The first session of the Milli Majlis of the Republic of Azerbaijan shall last until May 31, 1996.

Article 85' of the Republic of Azerbaijan law "On Elections to the Milli Majlis of the Republic of Azerbaijan" which was adopted on August 15, 1995 shall be in force until the expiration of the power of the Milli Majlis of the Republic of Azerbaijan of the first convocation elected on the basis of the pertinent law.

5. The Cabinet of Ministers from the day of the adoption of the present Constitution has the powers specified by the present Constitution.

6. From the day of the entering into force of the present Constitution, the power of the local Soviets of the People's Deputies of the Republic of Azerbaijan expires. Powers assigned by the legislature of the Republic of Azerbaijan to the local Soviets of People's Deputies of the Republic of Azerbaijan are implemented by local organs of the executive power.

7. Within two years after the present Constitution has entered into force a law on local self-government must be passed and elections to municipalities must be held.

8. Laws and other normative-legal acts operating on the territory of the Republic of Azerbaijan from the day of the adoption of the present Constitution remain in force in the parts that do not contradict the present Constitution.

9. The courts of the Republic of Azerbaijan administer justice according to the authority and principles of the present Constitution until the present [new] Constitution enters into force.

10. Within one year from the day of the adoption of the present Constitution corresponding legislation on the status of judges, on the structure of court and court reform must be passed and judges of the Republic of Azerbaijan must be newly appointed. Until the pertinent legislation is adopted the appointment of judges to the position and their removal are realized on the basis of legislation which is operative until the present [new] Constitution enters into force.

11. After the present Constitution of the Republic of Azerbaijan has become operative, within one year a law of the Republic of Azerbaijan on the Constitutional Court of the Republic of Azerbaijan must be passed and the Constitutional Court of the Republic of Azerbaijan established. Before the Constitutional Court of the Republic of Azerbaijan has been created the authority of the Constitutional Court of the Republic of Azerbaijan specified by the present Constitution shall not be implemented. The matter specified in item 7 paragraph III of Article 130 of the present Constitution is settled by the Supreme Court of the Republic of Azerbaijan.

12. The highest court of arbitration of the Republic of Azerbaijan until the day the present Constitution comes into force, shall be titled the Economic Court of the Republic of Azerbaijan and exercises the competence specified by legislation.