It entered into force on 27 November 1995.

With amendments adopted in a national vote (referendum) on 24 August 2002.

With additions and amendments adopted in a national vote (referendum) on 18 March 2009.

With additions and amendments adopted in a national vote (referendum) on 26 September 2016.

The people of Azerbaijan, continuing their centuries-long statehood traditions, guided by the principles laid down in the Constitutional Act on the State Independence of the Republic of Azerbaijan, desiring to ensure welfare of the whole society and every individual, wishing to establish justice, freedom and security, acknowledging their responsibility before past, present and future generations, and exercising their sovereign right, hereby solemnly declare the following intentions:
- to protect the independence, sovereignty and territorial integrity of the Republic of Azerbaijan;
- to guarantee a democratic system within the framework of the Constitution;
- to achieve the establishment of a civil society;
- to build constitutional and secular state that guarantees the supremacy of law as an expression of the will of the people;
- to provide a proper standard of living for everybody in conformity with just economic and social order;
- by maintaining commitment to universal human values, to live in friendship, peace and safety with all the nations of the world and co-operate with them for this purpose.

Having in mind the above- stated noble intentions the Present Constitution is adopted - by nationwide popular vote – referendum.

CONTENTS

SECTION I: GENERAL PROVISIONS

Article 1. The source of power

I. The sole source of state power in the Republic of Azerbaijan shall be vested in the people of Azerbaijan.

II. The People of Azerbaijan shall be citizens of the Republic of Azerbaijan living within and beyond the territory of the Republic of Azerbaijan who are subordinate to the state of Azerbaijan and its laws, which do not exclude norms defined by international law.

Article 2. Sovereignty of the people

I. Freely and independently determining their destiny and establishing their own form of governance is the sovereign right of the people of Azerbaijan.

II. The people of Azerbaijan shall exercise their sovereign right directly by nation-wide popular vote - referendum, and through their representatives elected on the basis of universal, equal and direct suffrage by free, secret and personal ballot.

Article 3. The issues solved by nation-wide popular vote-referendum

I. The people of Azerbaijan may resolve any issue related to their rights and interests by means of referendum.

II. The following issues may be resolved by referendum only:
1. adoption of the Constitution of the Republic of Azerbaijan and introduction of amendments thereto;
2. alteration of state borders of the Republic of Azerbaijan.

III. No referendum may be held with respect to the following issues:
1. taxation and state budget;
2. amnesty and pardon;
3. election, appointment or approval of the officials, whose election, appointment or approval is assigned to the competence of the legislative and (or) executive bodies respectively.

Article 4. Right to represent the people

No one except authorized representatives elected by the people has the right to represent the people, speak on behalf of the people and to make statements on behalf of the people.

Article 5. Unity of people

I. The people of Azerbaijan shall be united.

II. Unity of the Azerbaijani people shall constitute the basis of the State of Azerbaijan. The Republic of Azerbaijan shall be the common and indivisible motherland for all of the citizens of the Republic of Azerbaijan.

Article 6. Inadmissibility of usurpation of power

I. No part of the Azerbaijani people, no social group or organisation, no individual may usurp the authority to exercise the power.

II. Usurpation of power is the most serious crime against the people.

Article 7. The state of Azerbaijan

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

II. In internal affairs the state power of the Republic of Azerbaijan is restricted only by law, and in foreign affairs – only by provisions of international treaties to which the Republic of Azerbaijan is a party.

III. State power in the Republic of Azerbaijan shall be based on the principle of separation of powers:
• legislative power shall be exercised by the Milli Majlis of the Republic of Azerbaijan;
• executive power shall be vested in the President of the Republic of Azerbaijan;
• judicial power shall be exercised by the courts of the Republic of Azerbaijan.

IV. In accordance with the provisions of the present Constitution the legislative, executive and judicial power interact and are independent within the limits of their respective authority.

Article 8. The Head of the State of Azerbaijan

I. The President of the Republic of Azerbaijan is the Head of the state of Azerbaijan. He/she represents the state of Azerbaijan both within the country and in its foreign relations.

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

III. The President of the Republic of Azerbaijan is the guarantor of independence and territorial integrity of the state of Azerbaijan, and of its observance of international treaties to which the Republic of Azerbaijan is a party.

IV. The President of the Republic of Azerbaijan is the guarantor of independence of judicial power.

Article 9. Armed forces

I. The Republic of Azerbaijan establishes the Armed Forces to ensure its security and protection. The Armed Forces are composed of the Azerbaijani army and other armed formations.

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

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

Article 10. Principles of international relations

Republic of Azerbaijan builds its relations with other states on the basis of the principles enshrined in universally accepted international legal rules.

Article 11. Territory

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

II. Internal waters of the Republic of Azerbaijan, sector of the Caspian Sea (lake) belonging to the Republic of Azerbaijan, air space over the Republic of Azerbaijan are integral parts of the territory of the Republic of Azerbaijan.

III. No part of territory of the Republic of Azerbaijan may be estranged. The Republic of Azerbaijan shall not yield any part of its territory, in any form, to anybody; state borders of the Republic of Azerbaijan may be altered only in accordance with the will of its people by means of a referendum held by Milli Majlis of the Republic of Azerbaijan.

Article 12. The highest objective of the state

I. The highest objective of the State is to ensure rights and liberties of a person and a citizen and a proper standard of living for the citizens of the Republic of Azerbaijan.

II. Rights and liberties of a person and a citizen listed in the present Constitution are applied in accordance with international treaties to which the Republic of Azerbaijan is a party.

Article 13. Property

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

II. The property may be in the form of state, private and municipal property.

III. Property may not be used to infringe upon rights and liberties of a person and a citizen, interests of society and state, the dignity of a person.

Article 14. Natural resources

Natural resources belong to the Republic of Azerbaijan without damaging rights and interests of any physical persons or legal entities.

Article 15. Economic development and the state

I. The development of economy in the Republic of Azerbaijan based on various forms of property serves to improve the well-being of people.

II. The State of Azerbaijan on the basis of market relationships 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

I. The State of Azerbaijan takes care of improvement of well-being of all people and each citizen, their social protection and proper standard of living.

II. The State of Azerbaijan promotes development of culture, education, public health, science, arts, protects nature of the country, historical, material and spiritual heritage of the people.

Article 17. Family, children and the state

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

II. Taking care of the children and their upbringing is the duty of the parents. The state shall supervise the implementation of this duty.

III. Children who do not have parents or guardians, or who are deprived of parental care are under the protection of the State.

IV. It is prohibited to involve children in activities that may threaten their lives, health, or morality.

V. Children under the age of 15 may not be employed for work.

VI. The State supervises the implementation of children’s rights.

Article 18. Religion and the state

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

II. The spread and propaganda of religions (religious movements) which humiliate human dignity and contradict the principles of humanism shall be prohibited.

III. The state education system shall be of a secular character.

Article 19. Monetary unit

I. The monetary unit of the Republic of Azerbaijan is manat.

Only the Central Bank possesses the right to issue banknotes and to withdraw them from circulation. The Central Bank of the Republic of Azerbaijan is the exclusive property of the State.

III. The use of monetary units other than the manat as a means of payment within the territory of the Republic of Azerbaijan is prohibited.

Article 20. Restrictions on state debts

Debts incurred with the intention of assisting insurrection against the state of Azerbaijan and coup d’état may not be acknowledged as liabilities of the Republic of Azerbaijan and paid.

Article 21. Official language

I. The official language of the Republic of Azerbaijan is Azerbaijani Language. The Republic of Azerbaijan guarantees the development of Azerbaijani Language.

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

Article 22. The Capital

The capital of the Republic of Azerbaijan is the city of Baku

Article 23. Symbols of the State of Azerbaijan

I. The state symbols of the Republic of Azerbaijan are the State flag of the Republic of Azerbaijan, State Emblem of the Republic of Azerbaijan and State anthem of the Republic of Azerbaijan

II. The state flag of the Republic of Azerbaijan consists of three horizontal stripes of the same width. The upper stripe is blue, the middle stripe is red, and the lower stripe is green, with a white crescent and eight-pointed star depicted in the middle of the red stripe on both sides of the flag. The ratio of the width of the flag to its length is 1:2.

III. The appearance of the State flag of the Republic of Azerbaijan and the State Emblem of the Republic of Azerbaijan, and the music and text of State anthem of the Republic of Azerbaijan shall be specified by a Constitutional Law.

SECTION II: FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

Article 24. Main principle of rights and freedoms of man and citizen

I. Human dignity is protected and respected.

II. Everyone, as from the moment of birth, enjoys inviolable and inalienable rights and freedoms.

III. Rights and freedoms shall also include the responsibilities and duties of everyone to the society and to other persons. Abuse of rights is not allowed.

Article 25. Right to equality

I. Everyone shall be equal before the law and the courts.

II. Men and women possess equal rights and freedoms.

III. The State shall guarantee the equality of rights and freedoms to everyone, irrespective of race, ethnicity, religion, language, sex, origin, property status, occupation, beliefs or affiliation with political parties, trade union organisations or other public associations. Restrictions of rights and freedoms on the grounds of race, ethnicity, religion, language, sex, origin, beliefs, or political or social affiliation are prohibited.

IV. No one may be harmed, granted advantages or privileges, or refused to be granted advantages and privileges on the grounds laid down in Paragraph III of the present Article.

V. Everyone shall be guaranteed equal rights in any proceeding before state authorities and bearers of public authority that decide upon his/her rights and duties.

VI. Persons with impaired health are entitled to all rights and carry all duties enshrined in this Constitution, except in cases when enjoyment of rights and performance of duties is impeded by their limited abilities.

Article 26. Protection of rights and freedoms of a man and a citizen

I. Everyone has the right to protect his/her rights and freedoms using ways and means not prohibited by law.

II. The state shall guarantee the protection of rights and freedoms of everyone.

Article 27. Right to life

I. Everyone has the right to life.

II. Except extermination of enemy soldiers in a case of military aggression, when executing the sentence and in other cases prescribed by law, right of every person for life is inviolable.

Everyone’s right to life shall be inviolable, except in the event of killing of enemy soldiers during their armed attacks, in the case of execution of capital punishment pursuant to a court judgment that has become effective, and in other cases as prescribed by law.

III. Capital punishment, until it has been completely abolished, may be prescribed by law as an exclusive penalty only for particularly serious crimes against the state, or against the life and health of a human being.

IV. Weapons may not be used against a person except as prescribed by law in cases of self-defense, necessity, apprehension and arrest of criminals, preventing the escape from a place of detention, suppressing insurrection against the state or preventing coups d’état, or military aggression against the country.

Article 28. Right to liberty

I. Everyone has the right to liberty.

II. Right to liberty may be restricted only in accordance with the procedure prescribed by law, by detention, arrest or imprisonment.

III. Everyone lawfully present within the territory of the Republic of Azerbaijan may freely move, choose the place of residence and leave the territory of the Republic of Azerbaijan.

IV. A citizen of the Republic of Azerbaijan has the right to freely return to his/her country whenever he/she so desires.

Article 29. Right to property

I. Everyone has the right to property.

II. No one form of property shall take precedence over others. The right to property, including the right to private property shall be protected by law.

III. Everyone may possess movable and immovable property. Right to property includes the right to possess, use and dispose of property individually or jointly with others.

IV. Nobody may be deprived of his/her property without a court decision. The outright confiscation of the property is prohibited. Expropriation of property for state needs is permitted only on condition of fair compensation in advance.

V. Private property shall entail social responsibility.

VI. Land ownership may be restricted by law for social justice and the purposes of efficient use of the land.

VII. The state guarantees the right of inheritance.

Article 30. Right to intellectual property

I. Everyone has the right to intellectual property.

II. Copyright, patent rights and other rights to intellectual property are protected by law.

Article 31. Right to live in safety

I. Everyone has the right to live in safety.

II. Except cases prescribed by law it is prohibited to infringe upon a person’s life, physical and mental health, property, living premises, and to commit acts of violence against him/her.

Article 32. Right to inviolability of private life

I. Everyone has the right to the inviolability of private life.

II. Everyone has the right for confidentiality of his/her private and family life. Except in cases prescribed by law, interference with private or family life is prohibited. Everyone is entitled to protection against unlawful interference with his/her private or family life.

III. Gaining, storing, using and spreading information about the person’s private life without his/her consent is not permitted. The collection, storage, use and dissemination of information concerning a person’s private life is not permitted without his consent. Except in cases prescribed by law, no one may be followed, filmed, photographed, recorded, or subjected to any other similar actions without his knowledge or despite his disapproval.

IV. The state guarantees everyone’s right to confidentiality with respect to correspondence, telephone communications, post, telegraph messages and information sent by other communication means. This right might be restricted, as prescribed by law, in order to prevent crime or to determine the facts in the course of investigation of a criminal case.

V. Everyone may become familiar with the materials collected in regards to him/her except in cases prescribed by law. Everyone has a right to demand correction or elimination of the information collected in regard to him/her, which does not correspond to the truth or is incomplete or collected through violation of the provisions of law.

VI. Except in the cases prescribed by law, it is prohibited to access information resources carried on the paper or in electronic form in order to obtain information on a third party.

VII. Information technologies may not be used for disclosing information about private life, including beliefs, religion and ethnic identity except in the cases when the concerned person has openly expressed his/her consent or when the statistical data of anonymous nature is being processed without discrimination and in other cases prescribed by law.

VIII. Scope of the personal information, as well as the conditions of their processing, collection, passing, use and protection is prescribed by law.

Article 33. Right to inviolability of home

I. Everyone has the right. to inviolability of his/her home

II. Except in cases prescribed by law or decision of a court no one has the right to enter private home against the will of its inhabitants.

Article 34. Right to marriage

I. Everyone has the right to marry upon attaining the age prescribed by law.

II. Marriages shall be entered into with free consent. Nobody may be forced to marry.

III. Family and marriage are under protection of the state. Maternity, paternity and childhood are protected by law. The state renders support to families with multiple children.

IV. Rights of wife and husband are equal. Care and upbringing of children constitute both right and responsibility of parents.

V. Children have the duty to respect and care for their parents. Children who have attained eighteen years of age and who are capable of working shall be responsible for the care of their parents if the latter are not capable of working.

Article 35. Right to work

I. Labor is the foundation of individual and public welfare.

II. Everyone has the right to freely choose activity, profession, occupation and place of work, based on his/her abilities.

III. Nobody may be forced to work.

IV. Employment contracts shall be concluded voluntarily. Nobody may be forced to conclude an employment contract.

V. A court may order forced labour, the terms and duration of which are prescribed by law; there may be forced labour in connection with the execution of orders given by an authorized person during military service, or in connection with the performance of work assigned during times of emergency or marital law.

VI. Everyone has the right to work in safe and healthy conditions, to receive remuneration for his/her work without any discrimination, for no less than the minimum wage prescribed by the state.

VII. Unemployed persons have the right to receive social allowances from the state.

VIII. The state shall apply all of its resources for the elimination of unemployment.

Article 36. Right to strike

I. Everyone has the right to strike, both individually and together with others.

II. Right to strike for persons working based on employment contracts may be restricted only in cases prescribed by law. Soldiers and civilians employed in the Armed Forces of the Republic of Azerbaijan have no right to go on strike.

III. Individual and collective labor disputes are settled in accordance with procedure prescribed by law.

IV. Except as prescribed by law, a lockout is prohibited.

Article 37. Right to rest

I. Everyone has the right to rest.

II. Person working based on employment contracts shall be guaranteed the legally prescribed work period of no more than eight hours per working day, days off and public holidays and a paid leave, at least once a year, of no less than twenty-one calendar days.

Article 38. Right to social security

I. Everyone has the right to social security.

II. Family members are the first to be duty-bound to render assistance to their needy kin.

III. Everyone has the right to social security upon attaining the age prescribed by law, in case of illness, disability, loss of bread-winner in the family, loss of work capacity, unemployment or in other cases prescribed by law.

IV. Minimum pensions and social allowances are prescribed by law.

V. The state facilitates the development of charity activity, voluntary social insurance and other forms of social security.

Article 39. Right to live in a healthy environment

I. Everyone has the right to live in a 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 by violation of ecological requirements.

III. No one may cause threat or damage to the environment and natural resources beyond the limits prescribed by law.

IV. The state guarantees the preservation of ecological balance and protection of the species of wild plants and wild animals prescribed by law.

Article 40. Right to culture

I. Everyone has the right to take part in cultural life, to use cultural institutions and cultural values.

II. Everyone must respect and care for historical, cultural and spiritual heritage, protect historical and cultural monuments.

Article 41. Right to protection of health

I. Everyone has the right to protection of his/her health and to medical assistance.

II. The state takes all necessary measures for development of all forms of health services based on various forms of property, guarantees sanitary-epidemiological safety, facilitates various forms of medical insurance.

III. Officials who conceal facts and circumstances threatening life and health of people are accountable under the law.

Article 42. Right to education

I. Every citizen has the right to education.

II. The state guarantees the right to free and obligatory secondary education.

III. The education system is controlled by the state.

IV. The state guarantees continued education of talented persons irrespective of their financial position.

V. The state sets minimum educational standards.

Article 43. Right to housing

I. Nobody may be unlawfully deprived of his/her home.

II. The state promotes construction of residential premises, and takes special measures for realization of right to housing.

Article 44. Right to national identity

I. Everyone has the right to preserve his/her national identity.

II. Nobody may be forced to change his/her national identity

Article 45. Right to use native language

I. Everyone has the right to use his/her native language. Everyone has the right to upbringing, education, carry out creative activity in any language, as desired.

II. Nobody may be deprived of right to use his/her mother tongue.

Article 46. Right to protect honor and dignity

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

II. Dignity of a person shall be protected by the state. No circumstances can justify the humiliation of the dignity of a person.

III. No one may be subject to torture. No one may be subject to degrading treatment or punishment. Medical, scientific and other experiments may not be carried out on any person without his/her consent.

Article 47. Freedom of thought and speech

I. Everyone has the right to freedom of thought and speech.

II. No one shall be forced to proclaim or to repudiate his/her thoughts and beliefs.

III. Agitation and propaganda inciting racial, national, religious, social discord and animosity or relying on any other criteria is inadmissible

Article 48. Freedom of conscience

I. Everyone has the right to freedom of conscience.

II. Everyone has the right to freely determine his own approach to religion, to profess individually or together with others any religion or to profess no religion, and to express and disseminate his beliefs concerning his approach to religion.

III. Religious rituals may be freely performed if they do not disturb public order and are not contrary to public morals.

IV. Religious faith and belief do not excuse violations of the law.

V. No one shall be forced to express (or demonstrate) his/her religious faith and belief, to perform religious rituals or participate in religious ceremonies.

Article 49. Freedom of assembly

I Everyone has the right to freely assemble together with others.

II. Upon giving advance notice to the appropriate government bodies, everyone has the right together with others to assemble peacefully, without arms, to hold rallies, meetings, demonstrations, street marches, and pickets, provided that public order and public morals are not violated.

Article 50. Freedom of information

I. Everyone is free to legally seek, receive, impart, produce, and disseminate any information.

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

III. Everyone’s right to refute or reply to the information published in mass media and violating his/her rights or damaging his/ her interests shall be guaranteed.

Article 51. Freedom of creative activity

I. Everyone is free to carry out creative activity.

II. The state guarantees freedom in literary-artistic, scientific-technical and other kinds of creative activity.

Article 52. Right to citizenship

A person having political and legal relationship to the Republic of Azerbaijan, with reciprocal rights and duties is considered to be a citizen of the Republic of Azerbaijan. A person born on the territory of the Republic of Azerbaijan or to the citizens of the Republic of Azerbaijan is the citizen of the Republic of Azerbaijan. A person is the citizen of the Republic of Azerbaijan if one of his/her parents is the citizen of the Republic of Azerbaijan.

Article 53. Guarantee of the right to citizenship

I. A citizen of the Republic of Azerbaijan may not be deprived of the citizenship of the Republic of Azerbaijan (except for cases of its loss prescribed by law).

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

III. The Republic of Azerbaijan guarantees legal protection and patronizes citizens of the Republic of Azerbaijan temporarily or permanently living outside its territory.

Article 54. Right to participate in political life of society and state

I. Citizens of the Republic of Azerbaijan have the right to freely participate in political life of society and state.

II. Any citizen of the Republic of Azerbaijan has the right to independently oppose insurrection against the state or coups d’état.

Article 55. Right to participate in administration of the state

I. Citizens of the Republic of Azerbaijan have the right to freely participate in administration of the state. They may exercise this right directly or through their representatives.

II. Citizens of the Republic of Azerbaijan have the right to serve in state bodies. Officials of state bodies are appointed from among citizens of the Republic of Azerbaijan. Foreign citizens and stateless persons may be accepted into the public service in accordance with the procedure prescribed by law.

Article 56. Right to elections

I. Citizens of the Republic of Azerbaijan have the right to elect and be elected to state bodies and to participate in referendum.

II. Persons, whose incapacity has been determined by a court decision, have not right to participate in elections and referendum.

III. The right of military servicemen, judges, civil servants, religious officials, persons imprisoned pursuant to a court judgment that has become effective, and of other persons specified in the present Constitution and by law, to be elected in elections may be restricted by law.

Article 57. Right to appeal

I. Citizens of the Republic of Azerbaijan have the right to personally address and to submit individual and collective written applications to state bodies. Military servants may enjoy this right only on an individual basis. Each application shall receive a written response in accordance with the procedure and within the time prescribed by law.

II. Citizens of the Republic of Azerbaijan have the right to criticize activity or work of state bodies, their officials, political parties, trade unions, other public organisations and also activity or work of individual citizens. Persecution for criticism is prohibited. Insult or libel shall not be regarded as criticism.

Article 58. Right to association

I. Everyone is free to associate with others.

II. Everyone has the right to establish any association, including political party, trade union and other public association or to join an already existing association. Freedom of activity of all associations is guaranteed.

III. Nobody may be forced to join any association or to remain its member.

IV. Activity of associations the purpose of which is the forcible overthrow of legitimate state authority on the whole territory of the Republic of Azerbaijan or in any part thereof, as well as those having objectives which are considered a crime, or which use criminal methods are prohibited. Activity of associations which violate the Constitution and laws may be prohibited only by a court decision.

Article 59. Right to free enterprise

I. Everyone may, using freely his/her possibilities, abilities and property, engage individually or together with others in entrepreneurial activity or other kinds of economic activity not prohibited by the law.

II. Only protection of state interests, human life and health is regulated by the state in entrepreneurial activity.

Article 60. Administrative and judicial guarantee of rights and freedoms

I. Everyone is guaranteed protection of his/her rights and liberties through the administrative remedies and in court.

II. Everyone has the right to an unbiased approach to their case and to consideration of the case within a reasonable time period in the administrative proceedings and court.

III. Everyone has the right to be heard in administrative proceedings and courts.

IV. Everyone may appeal against the actions and inaction of state bodies, political parties, legal entities, municipalities and their officials in administrative manner or in courts.

Article 61. Right to legal assistance

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

II. In specific cases envisaged by legislation legal assistance shall be provided free of charge, at the expense of the state.

III. Every citizen has the right to receive assistance of a lawyer as from the moment of detention, arrest or accusation of a crime by competent state bodies.

Article 62. Inadmissibility of change of court jurisdiction

Everyone has the right to have his case considered by a court prescribed by law. Case of a person shall not be considered in another court without the person’s consent.

Article 63. Presumption of innocence

I. Everyone has the right to presumption of innocence. Everyone who is accused of crime shall be considered innocent until his/her guilt has been proven according to law and verdict of law court has been brought into force.

II. A person under well-grounded suspicions of crime may not be considered guilty.

III. A person accused of crime shall not be obliged to prove his/her innocence.

IV. Evidence obtained in violation of law may not be used in the administration of justice.

V. Nobody may be considered guilty in committing a crime without a court judgment.

Article 64. Inadmissibility of double jeopardy

Nobody may be repeatedly convicted for the same crime.

Article 65. Right for repeated appeal to the law court

Every person convicted by a court of law has the right to have his sentence reviewed, in accordance with the procedure prescribed by law, by a higher court, and to appeal for pardon, or mitigation of punishment.

Article 66. Inadmissibility of testifying against relatives

Nobody may be forced to testify against himself/herself, wife (husband), children, parents, or siblings. The full list of relatives against whom testifying is not obligatory is prescribed by law.

Article 67. Rights of persons detained, arrested, accused in crime

I. Every person, who has been detained, arrested, accused in crime by a competent state body should be immediately informed about his/her rights, reasons of his/her detention, arrest and for initiation of criminal proceedings against him/her.

II. Every person accused of a criminal offence shall be heard before being sentenced.

Article 68. The right to protection from arbitrariness and conscientious treatment

I. Everyone has the right to the conscientious treatment that excludes arbitrariness by state bodies.

II. The rights of a person who has been a victim of a crime and abuse of power shall be protected by the law. A victim has the right to take part in administration of justice and demand for compensation of losses.

III. Everyone has the right to compensation from the state for damages suffered as a result of the illegal actions or misconduct of state bodies or their officials.

IV. The state, together with civil servants, shall bear civil liability for damage caused to human rights and liberties and for the violation of their guarantees as a result of unlawful actions and inaction of public servants.

Article 69. Rights of foreigners and stateless persons

I. Foreigners and stateless persons staying in the Republic of Azerbaijan shall enjoy all rights and fulfill all duties equally with citizens of the Republic of Azerbaijan, unless otherwise prescribed by law or international treaty to which the Republic of Azerbaijan is a party.

II. The rights and freedoms of foreigners and stateless persons residing permanently or temporarily in the territory of the Republic of Azerbaijan may only be restricted in accordance with international legal rules and laws of the Republic of Azerbaijan.

Article 70. Right to political asylum

I. The Republic of Azerbaijan shall grant political asylum to foreign and stateless persons in accordance with universally accepted international legal rules.

II. Extradition of persons persecuted for their political convictions and for acts which are not considered a crime in the Republic of Azerbaijan shall be prohibited.

Article 71. Guarantees for rights and freedoms of man and citizen

I. The legislature, executive and judiciary shall have the duty to observe and to protect the rights and freedoms of man and citizen set forth in the Constitution.

II. No one may restrict exercise of rights and freedoms of a man and citizen. Everyone’s rights and freedoms shall be restricted on the grounds provided for in the present Constitution and laws, as well as by the rights and freedoms of others. Restriction of rights and liberties shall be proportional to the result expected by the state.

III. Rights and freedoms of man and citizen may be partially and temporarily restricted in time of war, martial law and state of emergency, as well as mobilization, subject to the international obligations of the Republic of Azerbaijan. The population shall be notified in advance about restrictions as regards their rights and liberties.

IV. Under no circumstances may a person be forced to proclaim his religion, thoughts and beliefs, and persecuted for them

V. No provision of the present Constitution may be interpreted as aiming at the abolition of rights and freedoms of man and citizen.

VI. Rights and freedoms of man and citizen shall have direct effect on the territory of the Republic of Azerbaijan.

VII. Disputes concerning the violation of rights and freedoms of man and citizen shall be resolved by courts of law.

VIII. No one shall be liable for an act which did not constitute an offence at the time when it was committed. If, after the commission of an offence, a new law abolishes or diminishes liability for such an offence, the new law shall be applied.

IX Everyone may perform actions not prohibited by law and no one may be forced to perform actions not prescribed by law.

X. State bodies may function only on the basis of the present Constitution, in the manner and within the boundaries prescribed by law.

Article 72. The basis of duties of citizens

I. Everyone has duties to the state and society that derive directly from his/her rights and freedoms. Duties may be established for anyone only by this Constitution or by law.

II. Everyone shall observe the Constitution and laws of the Republic of Azerbaijan, respect the rights and freedoms of others, and fulfill other duties as prescribed by law.

III. Ignorance of the law shall not release a person from liability

Article 73. Taxes and other state duties

I. Every person shall have the duty to pay taxes and other state duties in a timely manner and in the full amount as prescribed by law.

II. No one may be required to pay taxes and other state duties if not prescribed by law, and in excess of amount specified therein.

Article 74. Allegiance to the motherland

I. Allegiance to the motherland shall be sacred

II. Persons serving in the legislature, executive or judiciary, who were elected or appointed to their position, shall be liable for not fulfilling their duties in a precise and proper manner, and, in cases prescribed by law, shall take an oath.

III. A person serving in the legislature, executive or judiciary, who was elected or appointed to his position, and swore an oath to observe the Constitution of the Republic of Azerbaijan, shall be dismissed from, and henceforth of holding such a position if accused and convicted of a crime against the state, including insurrection against the state and coup d’état.

Article 75. Respect for state symbols

I. Every citizen must respect state symbols of the Republic of Azerbaijan - its banner, state emblem and hymn.

II. Expression of disrespect to the state symbols shall entail liability as prescribed by law

Article 76. Defence of motherland

I. Defence of Motherland is the duty of every citizen. The citizens shall serve in the Armed Forces as prescribed by law.

II. If military service is contrary to a person’s convictions, then, in cases prescribed by law, it may be permissible to replace regular military service with alternative service.

Article 77. Protection of historical and cultural monuments

Every citizen shall have the duty to protect of historical and cultural monuments.

Article 78. Protection of environment

Every citizen shall have the duty to protect environment.

Article 79. Inadmissibility of fulfilment of duties contradicting law

No one may be forced to fulfill duties contradicting the Constitution and laws of the Republic of Azerbaijan.

Article 80. Responsibility

Violation of provisions of the present Constitution and laws of the Republic of Azerbaijan including abuse of rights and failure to fulfil duties specified in the present Constitution and laws of the Republic of Azerbaijan shall entail responsibility prescribed by law.

SECTION III: STATE POWER

Article 81. Exercise of legislative power

Legislative power in the Republic of Azerbaijan is exercised by Milli Majlis of the Republic of Azerbaijan

Article 82. Number of deputies in Milli Majlis of the Republic of Azerbaijan

Milli Majlis of the Republic of Azerbaijan consists of 125 deputies.

Article 83. Foundations of elections of deputies of Milli Majlis of the Republic Azerbaijan

Deputies of Milli Majlis of the Republic of Azerbaijan shall be elected on the basis of majoritarian electoral system and universal, equal and direct suffrage by free, secret and personal ballot.

Article 84. Term of office of convocation of the Milli Majlis of the Republic of Azerbaijan

I. The term of office of each convocation of the Milli Majlis is five years. In case the conduct of elections to the Milli Majlis of the Republic of Azerbaijan cannot be held due to military operations under a state of war, the term of office of the Milli Majlis of the Republic of Azerbaijan shall be extended until the end of military operations. The decision on this matter shall be adopted by the Constitutional Court of the Republic of Azerbaijan on the basis of an application of the state body organizing elections (referendum).

II. Elections for each convocation of Milli Majlis of the Republic of Azerbaijan shall be held every five years on the first Sunday of November.

III. The term of office of deputies of the Milli Majlis of the Republic of Azerbaijan shall be limited by the term of office of convocation of the Milli Majlis of the Republic of Azerbaijan.

IV. If by-elections are held to replace those who have ceased to be deputies of the Milli Majlis of the Republic of Azerbaijan, the term of office of a newly elected deputy shall be limited to the remainder of the former deputy’s term.

Article 85. Requirements regarding candidates to the posts of deputies of Milli Majlis of the Republic of Azerbaijan

I. Every citizen of the Republic of Azerbaijan enabled with the right to participation in election may be elected, as prescribed by law, as a deputy of the Milli Majlis of the Republic of Azerbaijan.

II. Persons having dual citizenship; persons having obligations to other states; persons serving in the executive or judiciary; persons engaged in other paid activity, with the exception of scientific, pedagogical and creative activity; religious officials; persons whose incapacity has been determined by a court of law; persons convicted of serious crimes; and persons serving their sentences in places of imprisonment pursuant to a court judgement that has become effective, may not be elected as deputies of the Milli Majlis of the Republic of Azerbaijan.

Article 86. Verification and validation of results of elections of deputies of the Milli Majlis of the Republic of Azerbaijan

The integrity of election results shall be verified and validated, as prescribed by law, by the Constitutional Court of the Republic of Azerbaijan.

Article 87. Termination of office of deputies of the Milli Majlis of the Republic of Azerbaijan

I. The term of office of deputies of the Milli Majlis of the Republic of Azerbaijan shall terminate on the day of the first meeting of a new convocation of the Milli Majlis of the Republic of Azerbaijan.

II. Elections to replace those who have ceased to be deputies of the Milli Majlis of the Republic of Azerbaijan shall not be held if less than 120 days remain to the termination of office of the current Milli Majlis of the Republic of Azerbaijan.

III. The Milli Majlis of the Republic of Azerbaijan shall be legally constituted upon the confirmation of office of 83 of its deputies.

Article 88. Sessions of Milli Majlis of the Republic of Azerbaijan

I. The Milli Majlis shall assemble for two ordinary sessions (spring and autumn sessions) every year. The first sitting of Milli Majlis of the Republic of Azerbaijan is summoned no later than one week as from the day of confirmation of the office of 83 deputies of Milli Majlis of the Republic of Azerbaijan. If the offices of 83 deputies have not been confirmed by the 10th of March after the election of deputies to the Milli Majlis of the Republic of Azerbaijan, then the Constitutional Court of the Republic of Azerbaijan shall determine the date of the first sitting of the Milli Majlis of the Republic of Azerbaijan.

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

III. Agenda of extraordinary session shall be determined by those who requested summoning of that session. The work of the extraordinary session shall end when the issues on its agenda have been considered.

IV. The sittings of the sessions of the Milli Majlis of the Republic of Azerbaijan shall be open to the public. An assembly of the session of the Milli Majlis of the Republic of Azerbaijan may be closed to the public upon the claim of 83 members of parliament or the proposal by the President of the Republic of Azerbaijan.

Article 89. Forfeiture of the mandate and loss of the mandate of deputies of Milli Majlis of the Republic of Azerbaijan

I. The mandate of a deputy of the Milli Majlis of the Republic of Azerbaijan may be forfeited in the following cases:
1. it is found that the votes during the election were improperly counted;
2. in the case of surrendering the citizenship of the Republic of Azerbaijan or accepting the citizenship of another state;
3. in the case of the commission of a crime, the court judgement for which has become effective;
4. upon assuming a position in a state body, becoming a religious official, engaging in entrepreneurial, commercial or other paid activity, with the exception of scientific, pedagogical and creative activity;
5. on a voluntary basis;
6. in case of violation of the requirement of Part III of Article 93 of this Constitution;
7. in flagrant violation of ethical conduct of deputies prescribed by law.

A decision regarding the forfeiture of the mandate of a deputy of the Milli Majlis of the Republic of Azerbaijan shall be taken in accordance with the procedure prescribed by law.

II. In cases where deputies of the Milli Majlis of the Republic of Azerbaijan become unable to perform their duties and in other cases prescribed by law, their mandate shall be lost. The procedure for rendering an appropriate decision shall be prescribed by law.

Article 90. Immunity of deputies of Milli Majlis of the Republic of Azerbaijan

I. A deputy of Milli Majlis of the Republic of Azerbaijan enjoys personal immunity during his tenure. With the exception of being caught in the act of crime, a deputy of the Milli Majlis of the Republic of Azerbaijan may not, during his tenure, be subject to criminal proceedings, detained, subject to administrative sanctions by a court of law, searched, or inspected. A deputy of the Milli Majlis of the Republic of Azerbaijan may be arrested if caught in the act of crime. In that case, the body that arrested the deputy of the Milli Majlis of the Republic of Azerbaijan shall immediately notify the General Prosecutor of the Republic of Azerbaijan of the arrest.

II. Immunity of deputy of Milli Majlis of the Republic of Azerbaijan may be revoked only by decision of Milli Majlis of the Republic of Azerbaijan upon the submission of the General Prosecutor of the Republic of Azerbaijan.

Article 91. Prohibition on initiating proceedings against a deputy of the Milli Majlis of the Republic of Azerbaijan

Deputies of the Milli Majlis of the Republic of Azerbaijan may not be subject to any proceedings for their activities, votes cast and opinions expressed in the Milli Majlis of the Republic of Azerbaijan. No explanations and testimony related to such cases may be demanded from them without their consent.

Article 92. Organisation of work of Milli Majlis of the Republic of Azerbaijan

The Milli Majlis of the Republic of Azerbaijan establishes its operating procedures, and sets up its relevant bodies, including the election of its Chairman and his deputies, the organisation of committees and commissions, and establishment of the Accounting Chamber.

Article 93. Acts of Milli Majlis of the Republic of Azerbaijan

I. Milli Majlis of the Republic of Azerbaijan adopts the Constitutional laws, laws and resolutions concerning the issues falling under its competence.

II. The Milli Majlis of the Republic of Azerbaijan adopts Constitutional laws, laws and resolutions in accordance with the procedure established by this Constitution.

III. Deputies of Milli Majlis of the Republic of Azerbaijan exercise their voting right personally.

IV. The Milli Majlis of the Republic of Azerbaijan may not adopt laws and resolutions that specify concrete tasks to the executive and the judiciary.

Article 94. General rules established by Milli Majlis of the Republic of Azerbaijan

I. Milli Majlis of the Republic of Azerbaijan establishes the general rules with respect to the following matters:
1. the exercise of rights and freedoms of man and citizen set forth in the present Constitution, and the state guarantees with respect to these rights and freedoms;
2. elections of the President of the Republic of Azerbaijan;
3. elections to Milli Majlis of the Republic of Azerbaijan and status of deputies of Milli Majlis of the Republic of Azerbaijan;
4. referendum;
5. judicial system and status of judges; prosecutor’s office, the bar and notary’s offices;
6. court proceedings, execution of court judgments;
7. elections to municipalities and status of municipalities;
8. state of emergency; martial law;
9. state awards;
10. status of physical persons and legal entities;
11. objects of civil law;
12. transactions, civil law contracts, representation and inheritance;
13.property law, including the legal regime of state, private and municipal property, and intellectual property law; other proprietary rights; law of obligations;
14. family relations, including guardianship and trusteeship;
15. foundations of financial activities, -taxes, duties and levies;
16. labor relations and social security;
17. definition of crimes and other violations of law; establishment of liability for commitment of these acts;
18. defense and military service;
19. civil service;
20. foundations of security;
21. territorial structure; regime of state borders;
22. ratification and denunciation of international treaties;
23. communications and transportation;
24. statistics; metrology and standards;
25. customs;
26. trade and stock exchange activity;
27. banking, accounting, insurance.

II. Laws with respect to the issues referred to in items 2, 3, 4 of the present Article shall be adopted by a majority of 83 votes, whereas, laws with respect to the other issues – by a majority of 63 votes.

III. Paragraph I of the present Article may be supplemented by means of Constitutional law.

Article 95. Issues decided by the Milli Majlis of the Republic of Azerbaijan

I. The following issues fall under the competence of Milli Majlis of the Republic of Azerbaijan the Milli Majlis of the Republic of Azerbaijan shall be empowered to decide the following issues:
1. organisation of work of Milli Majlis of the Republic of Azerbaijan;
2. establishment of diplomatic representations of the Republic of Azerbaijan upon the submission of the President of the Republic of Azerbaijan;
3. administrative-territorial division;
4. ratification and denunciation of inter-state agreements and of those intergovernmental agreements that contain rules contradicting the laws of the Republic of Azerbaijan;
5. approval of state budget of the Republic of Azerbaijan upon the submission of the President of the Republic of Azerbaijan and supervision over its implementation;
6. election of the Human Rights Commissioner of the Republic of Azerbaijan, upon the submission of the President of the Republic of Azerbaijan;
7. approval of the military doctrine of the Republic of Azerbaijan, upon the submission of the President of the Republic of Azerbaijan;
8. approval of decrees of the President of the Republic of Azerbaijan in cases specified in the present Constitution;
9. giving consent to the appointment of the Prime Minister of the Republic of Azerbaijan, upon the submission of the President of the Republic of Azerbaijan;
10. the appointment of judges of Constitutional Court of the Republic of Azerbaijan, Supreme Court of the Republic of Azerbaijan and the Courts of Appeal of the Republic of Azerbaijan, upon the submission of the President of the Republic of Azerbaijan;
11. giving consent to the appointment and dismissal of the General Prosecutor of the Republic of Azerbaijan, upon the submission of the President of the Republic of Azerbaijan;
12. dismissal of the President of the Republic of Azerbaijan by means of impeachment, upon the submission of the Constitutional Court of the Republic of Azerbaijan;
13. dismissal of judges of the Republic of Azerbaijan, upon the submission of the President of the Republic of Azerbaijan;
14. the resolution of the issue of confidence in the Cabinet 0f Ministers of the Republic of Azerbaijan;
15. the appointment and dismissal of the members of the Governing Board of the Central Bank of the Republic of Azerbaijan, upon the submission of the President of the Republic of Azerbaijan;
16. giving consent, upon the submission of the President of the Republic of Azerbaijan, to the use of the Armed Forces of the Republic of Azerbaijan for performing tasks not related to their assignment;
17. giving consent to declaration of war and conclusion of peace, upon the appeal of the President of the Republic of Azerbaijan;
18. calling of referendum;
19. amnesty;
20. hearing of the municipality reports.

II. with respect to the issues referred to in items 1-5 of the present Article shall be adopted by a majority of 63 votes, whereas, with respect to the other issues, resolutions shall be adopted in the same manner, unless otherwise specified in the present Constitution.

III. Resolutions shall also be adopted with respect to other issues, which, according to the present Constitution, fall within the competence of the Milli Majlis of the Republic of Azerbaijan, the issues connected with the organisation of the activity of the Milli Majlis of the Republic of Azerbaijan, as well as the issues on which the opinion of the Milli Majlis of the Republic of Azerbaijan is required Resolutions shall also be adopted on other issues falling under the competence of the Milli Majlis of the Republic of Azerbaijan under the present Constitution, on issues related to the organisation of work of the Milli Majlis of the Republic of Azerbaijan, and on issues in respect of which the Milli Majlis of the Republic of Azerbaijan deems necessary to express its position.

IV. Paragraph 1 of the present Article may be supplemented by means of a Constitutional law.

Article 96. Right to legislative initiative

I. Right to legislative initiative in Milli Majlis of the Republic of Azerbaijan (the right to submit draft laws and other questions for the consideration of the Milli Majlis of the Republic of Azerbaijan) 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, forty thousand citizens of the Republic of Azerbaijan entitled to the right to elections, the Prosecutor’s Office of the Republic of Azerbaijan and the Ali Majlis of the Nakhichevan Autonomous Republic.

II. Draft laws or resolutions submitted to the discussion of the Milli Majlis of the Republic of Azerbaijan at the legislative initiative of the President of the Republic of Azerbaijan, the Supreme Court of the Republic of Azerbaijan, forty thousand citizens of the Republic of Azerbaijan entitled to the right to elections, the Prosecutor’s Office of the Republic of Azerbaijan and the Ali Majlis of the Nakhchivan Autonomous Republic are submitted to the Milli Majlis of the Republic of Azerbaijan for discussion and voted upon in the form in which they have been presented.

III. Amendments to such draft laws or resolutions may be made with the consent of the subject exercising the right to legislative initiative.

IV. Draft laws or resolutions 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, forty thousand citizens of the Republic of Azerbaijan entitled to the right to elections, the Prosecutor’s Office of Republic of Azerbaijan or Ali Majlis of Nakhchivan Autonomous Republic, as legislative initiative, are voted upon in Milli Majlis of the Republic of Azerbaijan within two months.

V. If the adoption of a draft of law or resolution has been declared a matter of urgency by the President of the Republic of Azerbaijan, the Supreme Court of the Republic, the Prosecutor’s Office of the Republic of Azerbaijan or the Ali Majlis of the Nakhchivan Autonomous Republic then the above term shall be 20 days.

VI. The manner in