AZERI LANGUAGE - AZERBAIJAN CONSTITUTION ( SECTION III FIRST HALF )
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Section III  State Power

 

Chapter V  Legislative Power

 
Article 81  Implementation of legislative power
Legislative power in the
Azerbaijan Republic is implemented by the Parliament [Milli Majlis] of the Azerbaijan Republic.
 
Article 82  Number of deputies in the Parliament [Milli Majlis] of the
Azerbaijan Republic
The Parliament [Milli Majlis] of the
Azerbaijan Republic consists of 125 deputies.
 
Article 83  Procedure of elections of deputies of the Parliament [Milli Majlis] of the
Azerbaijan Republic
Deputies of the Parliament [Milli Majlis] of the
Azerbaijan Republic are elected based on majority and proportional voting systems and general, equal and direct elections by way of free, individual and secret voting.
 
Article 84  Term of authority of a calling of the Parliament [Milli Majlis] of the Azerbaijan Republic
(1) Term of authority of each calling of the Parliament [Milli Majlis] of the Azerbaijan Republic is 5 years.
(2) Elections for each calling of the Parliament [Milli Majlis] of the
Azerbaijan Republic take place every 5 years on a first Sunday of November.
(3) Term of authority of deputies of the Parliament [Milli Majlis] of the
Azerbaijan Republic is restricted by term of authority of respective calling of the Parliament [Milli Majlis] of the Azerbaijan Republic
.
(4) If new elections of deputies to replace retired deputies of the Parliament [Milli Majlis] of the
Azerbaijan Republic
are carried out, then term of authority of newly elected deputy corresponds to remaining term of authority of respective retired deputy.
 
Article 85  Requirements to candidates to the posts of deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic
(1) Every citizen of the Azerbaijan Republic not younger than 25 may be elected the deputy of the Parliament [Milli Majlis] of the Azerbaijan Republic in an established order.
(2) Persons having double citizenship, those having obligations to other states, those working in the bodies of executive or judicial power, persons involved in other payable activity except scientific, pedagogical and creative activity, religious men, persons whose incapacity has been confirmed by law court, those condemned for grave crime, serving a sentence due to verdict of law court may not be elected the deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic.
 
Article 86  Inspection and approval of results of elections of deputies of the Parliament [Milli Majlis] of the
Azerbaijan Republic
Accuracy of results of elections is checked and approved by Constitutional Court of the
Azerbaijan Republic as specified in the law.
 
Article 87  End of the term of authority of deputies of the Parliament [Milli Majlis] of the
Azerbaijan Republic
(1) Term of authority of deputies of the Parliament [Milli Majlis] of the
Azerbaijan Republic ends on a day of first meeting of new calling of the Parliament [Milli Majlis] of the Azerbaijan Republic.
(2) Elections of deputies to replace those who left the Parliament [Milli Majlis] of the
Azerbaijan Republic shall not be held if less than 25 days remains to the end of term of authority of the Parliament [Milli Majlis] of the Azerbaijan Republic
.
(3) the Parliament [Milli Majlis] of the
Azerbaijan Republic
will have powers after authority of 83 of its deputies has been approved.
 
Article 88  Sessions of the Parliament [Milli Majlis] of the
Azerbaijan Republic
(1) Every year two sessions of the Parliament [Milli Majlis] of the
Azerbaijan Republic are held.
Spring session begins on 1 Feb and continues until 31 May.
Autumn session begins on 30 Sep and continues until 30 Dec.
If 1 Feb and 30 Sep fall on holidays the session will begin on the following working day.
After approval of authority of 83 deputies of the Parliament [Milli Majlis] of the
Azerbaijan Republic the first meeting of the Parliament [Milli Majlis] of the Azerbaijan Republic
shall be summoned within 1 week beginning from the day of approval.
If after elections to the Parliament [Milli Majlis] of the Azerbaijan Republic, authority of 83 its deputies has not been approved before 1 Feb then day of opening of the first meeting of the Parliament [Milli Majlis] of the Azerbaijan Republic will be established by Constitutional Court of the Azerbaijan Republic.
(2) Extraordinary sessions of the Parliament [Milli Majlis] of the
Azerbaijan Republic will be summoned by the Chairman of the Parliament [Milli Majlis] of the Azerbaijan Republic at request of the President of the Azerbaijan Republic or 42 deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic
.
(3) Agenda of extraordinary session will be prepared by those who summoned said session. After the questions of agenda have been discussed extraordinary session ends.
 
Article 89  Deprivation of deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic of their mandates and loss of powers by the deputy of the Parliament [Milli Majlis] of the Azerbaijan Republic
(1) The deputy of the Parliament [Milli Majlis] of the Azerbaijan Republic looses his/her mandate in the following cases:
whenever during the elections there was falsification in calculation of votes;
1. on giving up the citizenship of the Azerbaijan Republic or accepting other citizenship;
2. on commitment of crime and whenever there is valid verdict of law court;
3. on taking position in state bodies, post in religious organizations, involvement in business, commercial or other paid activity (except scientific, pedagogical and creative activity);
4. on a voluntary basis;
5. on abolition of a party the deputy belongs to.
Decision about deprivation of the deputy of the Parliament [Milli Majlis] of the
Azerbaijan Republic of his mandate is taken as specified in legislation.
(2) Whenever deputies of the Parliament [Milli Majlis] of the
Azerbaijan Republic
are not able to fulfil their obligations and in other cases specified by law their authority is considered terminated. Procedure of taking respective decision is determined by the law.
 
Article 90  Immunity of deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic
(1) A deputy of the Parliament [Milli Majlis] of the Azerbaijan Republic enjoys immunity during the whole term of his powers. Except cases when the deputy may be caught in the act of crime, the deputy of the Parliament [Milli Majlis] of the
Azerbaijan Republic may not be called to criminal responsibility during the whole term of his/her authority, arrested, disciplinary measures may not be applied to him by law court, he may not be searched. The deputy of the Parliament [Milli Majlis] of the Azerbaijan Republic may be arrested only if he/she has been caught at a place of crime. In such case the body which detained the deputy of the Parliament [Milli Majlis] of the Azerbaijan Republic must immediately notify General Procurator of the Azerbaijan Republic about the fact.
(2) Immunity of deputy of the Parliament [Milli Majlis] of the
Azerbaijan Republic might be stopped only by decision of the Parliament [Milli Majlis] of the Azerbaijan Republic based on application of General Procurator of the Azerbaijan Republic
.
 
Article 91  Prohibition on institution of proceedings against deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic
Deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic cannot be made responsible for their activity in the Parliament [Milli Majlis] of the Azerbaijan Republic, voting in the Parliament [Milli Majlis] of the Azerbaijan Republic and statements made in the Parliament [Milli Majlis] of the Azerbaijan Republic. Without the deputies' consent, in connection with such cases, they are not obliged to give explanations and evidence.
 
Article 92  Organization of work of the Parliament [Milli Majlis] of the Azerbaijan Republic
The Parliament [Milli Majlis] of the Azerbaijan Republic determines procedure of its activity, elects its chairman and his deputies, organizes permanent and other commissions, establishes Counting Chamber.
 
Article 93  Acts of the Parliament [Milli Majlis] of the
Azerbaijan Republic
(1) The Parliament [Milli Majlis] of the
Azerbaijan Republic accepts Constitutional laws and decrees regarding the questions of its competence.
(2) Constitutional laws, laws and decrees are taken in the Parliament [Milli Majlis] of the
Azerbaijan Republic
in an order specified in the present Constitution.
(3) Deputies of the Parliament [Milli Majlis] of the
Azerbaijan Republic
exercise their voting right personally.
(4) Specific orders to the bodies of executive power and law courts cannot be envisaged in laws and decrees of the Parliament [Milli Majlis] of the
Azerbaijan Republic
.
 
Article 94  General rules established by the Parliament [Milli Majlis] of the Azerbaijan Republic
(1) The Parliament [Milli Majlis] of the Azerbaijan Republic establishes general rules concerning the following matters:
1. use of rights and liberties of a person and citizen specified in the present Constitution, state guarantees of these rights and liberties;
2. elections of the President of the Azerbaijan Republic;
3. elections to the Parliament [Milli Majlis] of the Azerbaijan Republic and status of deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic;
4. referendum;
5. judicial system and status of judges; procurator's office, the bar and notary's offices;
6. legal proceedings, execution of court verdicts;
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-legal agreements, representation and inheritance;
13. right of property, including legal regime of state, private and municipal property, right of intellectual property, other proprietary rights; liability right;
14. family relationships, including guardianship and trusteeship;
15. basis of financial activitytaxes, duties and charges;
16. labor relationships and social maintenance;
17. interpretation of crime and other violations of law; establishment of responsibility for these acts;
18. defence and military service;
19. governmental employment;
20. basis of security;
21. territorial arrangement; regime of state borders;
22. ratification and denunciation of international treaties;
23. communications and transport;
24. statistics; metrology and standards;
25. customs;
26. commerce and stock exchange activity;
27. banking business, accounting, insurance.
(2) As per questions specified in paragraphs 2, 3, 4 of the present Article the laws are approved by majority of 83 votes, as per other questionsby majority of 63 votes.
(3) The first part of the present Article might be supplemented with the Constitutional law.
 
Article 95  Competence of the Parliament [Milli Majlis] of the
Azerbaijan Republic
(1) The following questions fall under the competence of the Parliament [Milli Majlis] of the
Azerbaijan Republic:
1. organization of work of the Parliament [Milli Majlis] of the
Azerbaijan Republic
;
2. based on recommendation by the President of the
Azerbaijan Republic establishment of diplomatic representations of the Azerbaijan Republic
;
3. administrative-territorial division;
4. ratification and denunciation of international agreements;
5. based on recommendation by the President of the
Azerbaijan Republic approval of state budget of the Azerbaijan Republic
and control over its execution;
6. amnesty;
7. based on recommendation by the President of the
Azerbaijan Republic approval of military doctrine of the Azerbaijan Republic
;
8. in cases specified in the present Constitution approval of decrees of the President of the
Azerbaijan Republic
;
9. based on recommendation by the President of the
Azerbaijan Republic giving consent for appointment of Prime-minister of the Azerbaijan Republic
;
10. based on recommendation by the President of the Azerbaijan Republic appointment of judges of Constitutional Court of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic and Economic Court of the Azerbaijan Republic;
11. based on recommendation by the President of the Azerbaijan Republic giving consent for appointment and dismissal of General Procurator of the Azerbaijan Republic;
12. dismissal of the President of the Azerbaijan Republic by way of impeachment based on recommendation of Constitutional Court of the Azerbaijan Republic;
13. based on recommendation by the President of the
Azerbaijan Republic
dismissal of judges;
14. taking decision regarding a vote of confidence in the Cabinet of Ministers of the
Azerbaijan Republic
;
15. based on recommendation by the President of the Azerbaijan Republic appointment and dismissal of members of Administration Board of National Bank of the Azerbaijan Republic;
16. based on recommendation by the President of the Azerbaijan Republic giving consent for enlistment of Military Forces of the Azerbaijan Republic to operations other than their normal duties;
17. based on request of the President of the
Azerbaijan Republic
giving consent for announcement of war and conclusion of peace treaty;
18. announcement of referendum;
19. establishment of Auditor Chamber.
(2) 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.
(3) Decrees are also taken regarding other questions which due to the present Constitution fall under the competence of the Parliament [Milli Majlis] of the
Azerbaijan Republic
.
(4) The first part of the present Article may be supplemented with the Constitutional law.
 
Article 96  Right of legislative initiative
(1) Right of legislative initiative in the Parliament [Milli Majlis] of the Azerbaijan Republic (right to submit for consideration by the Parliament [Milli Majlis] of the Azerbaijan Republic drafts of laws and other questions) belongs to deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic, the President of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic and Ali Majlis of Nakhichevan Autonomous Republic.
(2) Drafts of laws or decrees submitted for consideration by the Parliament [Milli Majlis] of the
Azerbaijan Republic by the President of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic or Ali Majlis of Nakhichevan Autonomous Republic, as legislative initiative, are put to the vote as they are.
(3) Amendments in such drafts of laws or decrees are introduced by consent of the body which used the right of legislative initiative.
(4) Drafts of laws or decrees submitted for consideration by the Parliament [Milli Majlis] of the
Azerbaijan Republic by the President of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic or Ali Majlis of Nakhichevan Autonomous Republic, as legislative initiative, are put to the vote in the Parliament [Milli Majlis] of the Azerbaijan Republic
within two months.
(5) If draft of the law or decree has been declared by the President of the
Azerbaijan Republic, Supreme Court of the Azerbaijan Republic or Ali Majlis of Nakhichevan Autonomous Republic
urgent, then above specified term shall constitute 20 days.
 
Article 97  Term for submitting laws for signing
(1) Drafts of the laws are submitted to the President of the
Azerbaijan Republic for signing within 14 days from the day of their acceptance.
(2) Urgent draft of the law is submitted to the President of the
Azerbaijan Republic
for signing within 24 hours from the moment of its acceptance.
 
Article 98  Validity of acts of the Parliament [Milli Majlis] of the Azerbaijan Republic
If not specified otherwise in the law and decree of the Parliament [Milli Majlis] of the Azerbaijan Republic themselves the law and decree become valid from the date of their publication.
 

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