Unofficial transfer (c) Soyuzpravoinform LLC
of February 14, 2017 No. 530-VQ
About warlike situation
According to Item 8 of part I of article 94 of the Constitution of the Azerbaijan Republic, this Law regulates the announcement and cancellation of warlike situation in all territory or separate parts of the Azerbaijan Republic, determines prolongation of effective period of warlike situation, procedure for providing the mode of warlike situation, feature of the mode in the territories of dislocation of military units in front zone, providing the rights of physical persons and legal entities during action of warlike situation.
1.0. The basic concepts used in this Law have the following values:
1.0.1. warlike situation - the particular legal regime which is temporarily applied in all territory or separate parts of the Azerbaijan Republic according to the Constitution of the Azerbaijan Republic and this Law, providing the complex of political, economic, administrative, military and other measures allowing partial and temporary restriction of constitutional rights and freedoms of citizens, foreigners and the stateless person of the Azerbaijan Republic (further - citizens) the Azerbaijan Republic, and also the rights and legitimate interests of organizations, the companies and the organizations irrespective of pattern of ownership and legal form, and also assignment on them subsidiary duties;
1.0.2. front zone - the territories adjacent to the line of contact of Armed Forces of the Azerbaijan Republic with armed forces of the state or the states aggressors, and also with illegal armed groups;
1.0.3. military censorship - military censorship represents preliminary approval of messages and materials by subjects of media of bodies of military management of both state bodies and officials, and also control of correspondence, TV and radio broadcasting, telephone and radio negotiations, information transferred in Internet and information resources including social networks, for the purpose of non-admission of distribution of the data containing the state secret;
1.0.4. curfew - the established time of day when it is forbidden to be (to move) out of the residence or work without special permissions and identity documents, for the purpose of ensuring public order and public safety in the period of warlike situation, prevention of intelligence, diversionary and other subversive activities of the enemy;
1.0.5. internment - the forced room of citizens of the state or the states which committed act of aggression against the Azerbaijan Republic or posing real threat to defense interests of the country, its safety, within the country to specially allotted places under supervision according to the commonly accepted regulations and the principles of international law.
The legislation on warlike situation consists of the Constitution of the Azerbaijan Republic, international treaties which participant is the Azerbaijan Republic, this Law and other regulatory legal acts.
Main objective of the announcement of warlike situation is creation of necessary conditions for accomplishment of the functions assigned to organizations, the companies and the organizations irrespective of pattern of ownership and legal form in the presence of one of the bases specified in article 4 of this Law.
4.0. According to article 111 of the Constitution of the Azerbaijan Republic, in all territory or in separate parts of the Azerbaijan Republic can be the bases for the announcement of warlike situation following:
4.0.1. in case of the actual occupation of certain part of the territory of the Azerbaijan Republic;
4.0.2. in case of declaration of war by foreign state or the states to the Azerbaijan Republic;
4.0.3. in case of real threat of armed attack to the Azerbaijan Republic;
4.0.4. in case of blockade of the territory of the Azerbaijan Republic, and also in case of real threat of such blockade.
5.1. The warlike situation appears the presidential decree of the Azerbaijan Republic according to Item 29 of Article 109 and article 111 of the Constitution of the Azerbaijan Republic.
5.2. The presidential decree of the Azerbaijan Republic about the announcement of warlike situation provides:
5.2.1. basis (bases) for the announcement of warlike situation;
5.2.2. the measures aimed at providing the mode of warlike situation, methods and means of their realization;
5.2.3. start date of introduction, time and effective period of warlike situation;
5.2.4. borders of the territory (territories) on which the warlike situation acts;
5.2.5. other questions connected with introduction of warlike situation.
5.3. The presidential decree of the Azerbaijan Republic about the announcement of warlike situation becomes effective from the moment of Millie's statement by Majlis of the Azerbaijan Republic according to article 6 of this Law, and the population shall be immediately informed on it.
5.4. The presidential decree of the Azerbaijan Republic about the announcement of warlike situation is published according to the Constitutional law of the Azerbaijan Republic "About regulatory legal acts".
6.1. The presidential decree of the Azerbaijan Republic about the announcement of warlike situation is submitted in Millie Majlis of the Azerbaijan Republic for approval within 24 hours after its acceptance.
6.2. Within 48 hours after receipt of the Presidential decree of the Azerbaijan Republic Millie's meeting of Majlis of the Azerbaijan Republic is held on the announcement of warlike situation in Millie Majlis of the Azerbaijan Republic, regardless of the term of holding the regular and extraordinary sessions, at meeting extraordinary consideration of question of approval of the Decree is carried out and the relevant decision by a majority vote of 63 deputies is made.
The period of warlike situation begins with date (time) of its introduction and comes to an end upon termination of the term of its action or in case, the stipulated in Article 8.2 presents of the Law.
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