Law Techniques of Republic of Azerbaijan

Law Techniques

Legislative technique - a system of theoretical understanding and reasonable rules - ways, methods and techniques of developing the most perfect in form and structure of the draft laws and other regulations that characterizes legislative activities, which provides an accurate and complete statement of compliance with the provisions of the exhaustive coverage of regulated sphere in a regulation, the clarity and accessibility of legal material.

Legislative technique (level of development) largely determines the impact of legislation on the showiness of the political, economic, social and cultural life.

Appropriate level of legislative technique is a reliable guarantor of perfect law, the availability of the content of laws and other legal acts, precise application and full compliance to the will of the legislator.

Normative legal act of the Republic of Azerbaijan - official written document issued by the competent public authority, which gives general guidance, establishing, altering or repealing the law and allowed for repeated use. (Article 2 of the Law of Azerbaijan «On normative legal acts of the Republic of Azerbaijan» )

In Azerbaijan the only source of power is the people of Azerbaijan. The people of Azerbaijan exercise their sovereign right directly by popular vote - referendum, and through their representatives elected by universal, equal and direct suffrage by free, secret and personal ballot.

Use and implementation of acts taken by referendum is obligatory for citizens, legislative, executive and judicial authorities, legal entities and municipalities only after their publication.

Issues identified in the referendum electoral code .

Body having the authority to make regulations, and the limits of those powers are defined by the Constitution and other laws of the Republic of Azerbaijan.

Regulations should comply with the Constitution and other normative legal acts of higher compared to them valid.

In case of conflict between having different legal force regulations, the application of regulations applies act with greater force and effect. In the event of a conflict between the have the same legal force of regulations applicable legal act, which came into force at a later time.

Right of legislative initiative in Milli Majlis of the Azerbaijan Republic (right to submit for consideration by Milli Majlis of the Azerbaijan Republic bills and other matters) belongs to:

1. deputies of Milli Majlis of the Azerbaijan Republic
2. President of Azerbaijan
3. Supreme Court of the Azerbaijan Republic
4. Prosecutor of the Azerbaijan Republic
5. Ali Majlis of Nakhichevan Autonomous Republic

Laws or decrees submitted for consideration by 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, be debated and voted on in the form submitted.

Drafts of laws or decrees submitted by the President of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic or Ali Majlis of Nakhichevan Autonomous Republic, voted on in the Milli Majlis of the Azerbaijan Republic within two months.

Legislative power in the Republic of Azerbaijan shall Milli Majlis of the Azerbaijan Republic.

Operation of the Milli Majlis of Azerbaijan reglamentirova Act «On approval of internal regulations of the Milli Majlis of the Azerbaijan Republic» .

Milli Majlis of the Azerbaijan Republic on matters within its competence shall Constitutional laws and regulations.

Milli Majlis of the Azerbaijan Republic establishes general rules on the following:

1. enjoyment of rights and freedoms of man and citizen, in the present Constitution, the state guarantees of these rights and freedoms;
2. election of the President of the Azerbaijan Republic;
3. elections to the Milli Majlis of the Azerbaijan Republic and the status of the Milli Majlis of the Azerbaijan Republic;
4. referendum;
5. judicial system and status of judges, prosecutors, lawyers and notaries;
6. proceedings, enforcement of judgments;
7. elections to municipalities and status of municipalities;
8. state of emergency, martial law regime;
9. state awards;
10. status of individuals and legal entities;
11. objects of civil law;
12. transactions, civil-legal agreements, representation and inheritance;
13. ownership, including the legal status of public, private and community property, intellectual property, other proprietary rights, law of obligations;
14. family relationships, including guardianship and custody;
15. basis of financial activity tax, fees and charges;
16. labor relations and social security;
17. of crime and other offenses, establishing responsibility for these acts;
18. defense and military service;
19. public service;
20. security framework;
21. territorial structure, mode of the state border;
22. ratification and denunciation of international treaties;
23. communications and transport;
24. statistics, metrology and standards;
25. customs business;
26. commerce and stock exchange activities;
27. banking, accounting

Azerbaijani President issues decrees and orders.

Decrees of the President of the Azerbaijan Republic shall not contradict the Constitution and laws of the Azerbaijan Republic. Use and implementation of published decrees is compulsory for all citizens, executive power bodies, legal entities.

Supreme Court of the Azerbaijan Republic in accordance with Article 96 of the Constitution, examine the treatment of a legislative initiative in Milli Majlis of the Azerbaijan Republic, and make decisions (Article 79 of the Law of AR «On Courts and Judges» )