Constitution

Azerbaijan 1995 Constitution (reviewed 2016)

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Table of Contents

First part. General provisions

Chapter I. The Power of the People

Article 1. Source of Power

  1. The Azerbaijan people are the sole source of State power in the Republic of Azerbaijan.
  2. 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.

Article 2. The Sovereignty of the People

  1. The Azerbaijan people have the sovereign right to freely and independently decide their fate and to establish the form of its own governance.
  2. 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.

Article 3. Matters to be determined by Referendum

  1. The Azerbaijan people can settle every matter connected with their rights and interests by referendum.
  2. 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.
  3. A referendum cannot be held concerning the following matters:
    1. Taxes and the state budget;
    2. Amnesty and pardon;
    3. The election, appointment or confirmation of officials, whose election, appointment or confirmation are within the competence of the legislative organs and (or) the executive power.

Article 4. The Right to Represent the People

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

Article 5. The Unity of the People

  1. The Azerbaijan people are united.
  2. 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.

Article 6. Banning of Power Usurpation

  1. 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.
  2. Power usurpation is the most serious crime directed against the people.

Chapter II. Foundations of the State

Article 7. The Azerbaijan State

  1. The Azerbaijan State is a democratic, law-governed, secular, unitary republic.
  2. 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.
  3. State power in the Republic of Azerbaijan is based on the principle of separation of powers:
  4. According to the constitutional provisions, executive, legislative and judicial powers cooperate and are independent within the framework of their authority.

Article 8. The Head of the Azerbaijan State

  1. The President is the Head of the Republic of Azerbaijan. He represents the Azerbaijan State in home and foreign policies.
  2. The President of the Republic of Azerbaijan embodies the unity of the Azerbaijan people and ensures the continuity of the Azerbaijan State.
  3. 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.
  4. The President of the Republic of Azerbaijan ensures the independence of the judicial power.

Article 9. The Armed Forces

  1. The Republic of Azerbaijan establishes the Armed Forces to ensure its security and protection. The Armed Forces are composed of the Azerbaijan army and other armed formations.
  2. The Republic of Azerbaijan rejects war as a means of encroaching on the independence of other States and of settling international conflicts.
  3. The President of the Republic of Azerbaijan is the Commander in Chief of the Armed Forces.

Article 10. Principles of Foreign Policy

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.

Article 11. Territory

  1. The territory of the Republic of Azerbaijan is unitary, inviolable and indivisible.
  2. 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.
  3. 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.

Article 12. The Supreme Objective of the State

  1. The supreme objective of the State shall be to ensure human rights and civil liberties and an adequate standard of living for the citizens of Azerbaijan.
  2. The human rights and civil liberties enumerated in this Constitution shall be implemented in accordance with the international agreements to which the Republic of Azerbaijan is a party.

Article 13. Property

  1. The property in the Republic of Azerbaijan is inviolable and protected by the State.
  2. The property can have the form of State property, private property and municipal property.
  3. The property cannot be used against human rights and civil liberties, against interests of the society and State, against human dignity.

Article 14. Natural Resources

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

Article 15. Economic Development and the State

  1. The development of the economy in the Republic of Azerbaijan, based on various forms of property, aims to ensure the prosperity of the people.
  2. The Azerbaijan State creates conditions for the development of a socially oriented economy, guarantees free enterprise and prevents monopolies and unfair competition in economic relations.

Article 16. Social Development and the State

  1. The Republic of Azerbaijan ensures the improvement of the well-being of the people and every citizen, their social protection and normal living standard.
  2. 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.

Article 17. Family, Children and the State

  1. The family as the foundation of society is under special protection of the State.
  2. Taking care of children and their upbringing is the obligation of the parents. The State sees to it that this obligation is fulfilled.
  3. Children who do not have parents or guardians and are deprived of parental care are under the protection of the State.
  4. It is prohibited to involve children in activities that may threaten their lives, health, or morality.
  5. Children under the age of 15 may not be employed for work.
  6. The State supervises the implementation of children’s rights.

Article 18. Religion and the State

  1. In the Republic of Azerbaijan religion is separated from the State. All religions are equal before the law.
  2. The spread and propaganda of religions (religious movements) which humiliate human dignity and contradict the principles of humanity are banned.
  3. The State education system is of secular character.

Article 19. National Currency

  1. The currency of the Republic of Azerbaijan is the manat.
  2. The Central Bank of the Republic of Azerbaijan is the exclusive property of the State. The Central Bank has the sole legal right to issue notes or to take them out of circulation.
  3. Usage of any other currency besides the manat as a means of payment in the territory of the Republic of Azerbaijan is prohibited.

Article 20. Restriction of State Loans

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

Article 21. State Language

  1. The State language of the Republic of Azerbaijan is the Azerbaijan language. The Republic of Azerbaijan shall ensure the development of the Azerbaijan language.
  2. The Republic of Azerbaijan guarantees the free use and development of other languages spoken by the population.

Article 22. The Capital

Baku is the capital of the Republic of Azerbaijan.

Article 23. Azerbaijan State Symbols

  1. 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.
  2. 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.
  3. 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.

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