Constitution of the Azerbaijan Republic (1995, as amended 2002) (excerpts related to elections) (English)
Constitution of the Azerbaijan Republic
With modifications introduced to the Constitution as a result of Referendum held on 24 August 2002.
First Section
General
CHAPTER I. People’s power
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Article 2. Sovereignty of people
I. Sovereign right of the Azerbaijanian people is the right of free and independent determination of their destiny and establishment of their own form of governance.
II. The people of Azerbaijan exercise their sovereign right directly—by way of nation-wide voting—referendum, and through their representatives elected based on universal, equal and direct suffrage by way of free, secret and personal ballot.
Article 3. Questions solved by way of nation-wide voting—referendum
I. People of Azerbaijan may solve any questions involving their rights and interests by way of referendum.
II. The following questions may be solved only by way of referendum:
1) acceptance of the Constitution of the Azerbaijan Republic and introduction of amendments thereto;
2) change of state borders of the Azerbaijan Republic.
III. The referendum can not 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 has been accordingly referred to the competences of the legislative and (or) executive bodies".
Article 4. Right to represent the people
No one except authorized representatives elected by the people will have the right to represent the people, speak on behalf of people and to make statements on behalf of people.
Second section.
Basic rights, liberties and responsibilities
CHAPTER III. Basic rights and liberties of a person and citizen
Article 54. Right to take part in political life of society and state
I. Citizens of the Azerbaijan Republic have the right to take part in political life of society and state without restrictions.
II. Any citizen of the Azerbaijan Republic has the right himself to stand up to the attempt of rebellion against the state or state coup.
Article 55. Right to take part in governing the state
I. Citizens of the Azerbaijan Republic have the right to take part in governing the state. They may exercise said right themselves or through their representatives.
II. Citizens of the Azerbaijan Republic have the right to work in governmental bodies. Officials of state bodies are appointed from citizens of the Azerbaijan Republic. Foreign citizens and stateless citizens may be employed into state organizations in an established order.
Article 56. Electoral right
I. Citizens of the Azerbaijan Republic have the right to elect and be elected to state bodies and also to take part in referendum.
II. Those recognized incapable by law court have no right to take part in elections and in referendum.
III. Participation in elections of military personnel, judges, state employees, religious officials, persons imprisoned by decision of law court, other persons specified in the present Constitution and laws might be restricted by law.
Section 3.
State power
CHAPTER V. Legislative power
Article 81. Implementation of legislative power
Legislative power in the Azerbaijan Republic is implemented by Milli Majlis of the Azerbaijan Republic.
Article 82. Number of deputies in Milli Majlis of the Azerbaijan Republic
Milli Majlis of the Azerbaijan Republic consists of 125 deputies.
Article 83. Procedure of elections of deputies of Milli Majlis of the Azerbaijan Republic
Deputies of Milli Majlis of the Azerbaijan Republic are elected based on majority 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 Milli Majlis of the Azerbaijan Republic
I. Term of authority of each calling of Milli Majlis of the Azerbaijan Republic is 5 years.
II. Elections for each calling of Milli Majlis of the Azerbaijan Republic take place every 5 years on a first Sunday of November.
III. Term of authority of deputies of Milli Majlis of the Azerbaijan Republic is restricted by term of authority of respective calling of Milli Majlis of the Azerbaijan Republic.
IV. If new elections of deputies to replace retired deputies of 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 Milli Majlis of the Azerbaijan Republic
I. Every citizen of the Azerbaijan Republic not younger than 25 may be elected the deputy of Milli Majlis of the Azerbaijan Republic in an established order.
II. 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 Milli Majlis of the Azerbaijan Republic.
Article 86. Inspection and approval of results of elections of deputies of 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 Milli Majlis of the Azerbaijan Republic
I. Term of authority of deputies of Milli Majlis of the Azerbaijan Republic ends on a day of first meeting of new calling of Milli Majlis of the Azerbaijan Republic.
II. Elections of deputies to replace those who left Milli Majlis of the Azerbaijan Republic shall not be held if less than 25 days remains to the end of term of authority of Milli Majlis of the Azerbaijan Republic.
III. Milli Majlis of the Azerbaijan Republic will have powers after authority of 83 of its deputies has been approved.
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Article 95. Competence of Milli Majlis of the Azerbaijan Republic
I. The following questions fall under the competence of Milli Majlis of the Azerbaijan Republic:
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18) announcement of referendum;
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CHAPTER VI. Executive power
Article 99. Belonging of executive power
Executive power in the Azerbaijan Republic belongs to the President of the Azerbaijan Republic.
Article 100. Requirements to candidates to the post of the President of the Azerbaijan Republic
Citizen of the Azerbaijan Republic not younger than 35, permanently living on the territory of the Azerbaijan Republic longer than 10 years, possessing voting right, without previous conviction, having no liabilities in other states, with university degree, not having double citizenship may be elected the President of the Azerbaijan Republic.
Article 101. Procedure of elections of the President of the Azerbaijan Republic
I. The President of the Azerbaijan Republic 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 Azerbaijan Republic is elected by the majority of more than the half 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 majority of votes in the second round of elections is considered elected the President of the Azerbaijan Republic.
V. No one may be elected the President of the Azerbaijan Republic repeatedly, more than two times.
Procedure of implementation of the present Article is specified in legislation.
Article 102. Results of elections of the President of the Azerbaijan Republic
Results of elections of the President of the Azerbaijan Republic are officially announced by Constitutional Court of the Azerbaijan Republic within 14 days from the day of voting.
Article 103. Oath of a person elected the President of the Azerbaijan Republic
I. A person elected the President of the Azerbaijan Republic, within 3 days from the day when results of elections of the President of the Azerbaijan Republic have been announced, with participation of judges of Constitutional Court of the Azerbaijan Republic takes an oath: "Carrying out powers of the President of the Azerbaijan Republic I swear to follow the Constitution of the Azerbaijan Republic, protect sovereignty and territorial integrity of the state, to serve people".
II. It is considered that the President of the Azerbaijan Republic began carrying out his official powers from the day when he took his oath.
Article 104. Inability of the President of the Azerbaijan Republic to carry out his powers
I. The President of the Azerbaijan Republic is considered having left his position ahead of time on resignation, complete inability to fulfil his powers due to illness, dismissal from his post in cases and in an order envisaged in the present Constitution.
II. When the President of the Azerbaijan Republic is going to resign, his application concerning resignation is presented to Constitutional Court of the Azerbaijan Republic. Constitutional Court of the Azerbaijan Republic, having confirmed that the President of the Azerbaijan Republic himself sent in his resignation makes decision to accept such resignation. From that moment the President is considered having left his post due to resignation.
III. Having received notifications about complete inability of the President of the Azerbaijan Republic to fulfil his powers due to poor health, Milli Majlis of the Azerbaijan Republic applies to the Constitutional Court of the Azerbaijan Republic for clarification of this fact. Should the Constitutional Court of the Azerbaijan Republic confirm this fact the question is settled.
Article 105. Implementation of powers of the President of the Azerbaijan Republic on his resignation
I. Whenever the President of the Azerbaijan Republic resigns from his post ahead of time, extraordinary elections of the President of the Azerbaijan Republic are held within three months. In such case, until new President of the Azerbaijan Republic is elected, the Prime-Minister of Azerbaijan Republic will carry out powers of the President of the Azerbaijan Republic.
II. If during said term the Prime-Minister of Azerbaijan Republic carrying out powers of the President of the Azerbaijan Republic resigns, becomes incapable of carrying out his powers due to illness, Chairman of Milli Majlis of Azerbaijan Republic will carry out powers of the President of the Azerbaijan Republic.
III. If Chairman of Milli Majlis of Azerbaijan Republic is unable to fulfil powers of the President of the Azerbaijan Republic due to reasons given in paragraph II of the Present Article, Milli Majlis of the Azerbaijan Republic takes decree about delegation of powers of the President of the Azerbaijan Republic to other official.
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18) announces referendum;
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CHAPTER VIII. Nakhichevan Autonomous Republic
Article 138. Competence of Ali Majlis of Nakhichevan Autonomous Republic
I. Ali Majlis of Nakhichevan Autonomous Republic establishes general procedures concerning the following:
- elections to Ali Majlis of Nakhichevan Autonomous Republic;
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II. Ali Majlis of Nakhichevan Autonomous Republic accepts laws related to questions specified in the present Article.
Section 4.
Local self-government
CHAPTER IX. Municipalities
Article 142. Organisation of local self-government
I. Local self-government is carried out by municipalities.
II. Municipalities are formed based on elections.
III. The foundations of the status of municipalities shall be determined by given Constitution. The regulations of elections to the municipalities shall be determined by law.
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