Constitution

Azerbaijan 1995 Constitution (reviewed 2016)

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.