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CONSTITUTION OF THE AZERBAIJAN REPUBLIC

of November 12, 1995

(as amended on 25-07-2016)

Section first. General provisions

Chapter I. Power of the people

Article 1. Source of the power

I. In the Azerbaijan Republic the single source of the government are the people of Azerbaijan.

II. The people of Azerbaijan consist of the citizens of the Azerbaijan Republic living in the territory of the Azerbaijan Republic and beyond its limits, who are considered as subject to the Azerbaijani state and its laws that does not exclude the regulations established by international law.

Article 2. Sovereignty of the people

I. Freely and independently to determine the destiny and to establish the form of government is the sovereign right of the people of Azerbaijan.

II. The people of Azerbaijan perform the sovereign right directly by national vote - referendum and by means of the representatives elected on the basis of general equal and direct suffrage by free, secret and personal vote.

Article 3. The issues resolved by national vote - referendum

I. The people of Azerbaijan by referendum can resolve any issue affecting its rights and interests.

II. Following issues can be resolved only by referendum:

1) adoption of the Constitution of the Azerbaijan Republic and entering of changes into it;

2) change of frontiers of the Azerbaijan Republic.

III. The referendum cannot be held on the following questions:

1) taxes and government budget;

2) amnesty and pardon;

3) election, appointment or statement of officials, election, appointment or approval of which is referred respectively to maintaining bodies of the legislative and (or) executive authority.

Article 4. The right to represent the people

Nobody, except the plenipotentiaries elected by the people, has rights to represent the people, to speak on behalf of the people and to make addresses on behalf of the people.

Article 5. Unity of the people

I. The people of Azerbaijan are single.

II. The unity of the people of Azerbaijan makes basis of the Azerbaijani state. The Azerbaijan Republic is the general and indivisible homeland of all citizens of the Azerbaijan Republic.

Article 6. Inadmissibility of assignment of the power

I. No part of the people of Azerbaijan, any social group or the organization, any person can appropriate power on implementation of the power.

II. Assignment of the power is worst crime against the people.

Chapter II. Bases of the state

Article 7. Azerbaijani state

I. The Azerbaijani state - the democratic, legal, secular, unitary republic.

II. In the Azerbaijan Republic the government is limited in internal matters only to the right, in external questions - only the provisions following from international treaties which party is the Azerbaijan Republic.

III. The government in the Azerbaijan Republic will be organized on the basis of the principle of separation of the authorities:

legislature the Majlis of the Azerbaijan Republic performs Millie;

the executive authority belongs to the President of the Azerbaijan Republic;

judicial authority is performed by courts of the Azerbaijan Republic.

IV. According to provisions of this Constitution the legislative, executive and judicial authorities interact and are independent within the powers.

Article 8. Head of the Azerbaijani state

I. The head of the Azerbaijani state is the President of the Azerbaijan Republic. It represents the Azerbaijani state within the country and in external relations.

II. The president of the Azerbaijan Republic realizes unity of the people of Azerbaijan and provides succession of the Azerbaijani statehood.

III. The president of the Azerbaijan Republic is guarantor of independence and territorial integrity of the Azerbaijani state, observance of international treaties which party is the Azerbaijan Republic.

IV. The president of the Azerbaijan Republic is guarantor of independence of judicial authority.

Article 9. Armed forces

I. The Azerbaijan Republic for the purpose of ensuring the safety and defense creates Armed Forces. Armed forces consist of the Azerbaijani army and other paramilitary groups.

II. The Azerbaijan Republic rejects war as means of infringement of independence of other states and as method of the decision of the international conflicts.

III. The president of the Azerbaijan Republic is the Supreme Commander of Armed Forces of the Azerbaijan Republic.

Article 10. Principles of the international relations

The Azerbaijan Republic builds the relations with other states on the basis of the principles provided in the universally international legal recognized norms.

Article 11. Territory

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

II. Internal waters of the Azerbaijan Republic, the sector of the Caspian Sea (lake) belonging to the Azerbaijan Republic, airspace over the Azerbaijan Republic - components of the territory of the Azerbaijan Republic.

III. The territory of the Azerbaijan Republic is inaliennable. The Azerbaijan Republic to nobody in any part and in no shape or form does not transfer the territory; frontiers can change only by the referendum held according to Millie's decision of Majlis of the Azerbaijan Republic among all population of Azerbaijan on the basis of declaration of will of the people of Azerbaijan.

Article 12. The prime target of the state

I. Providing rights and freedoms of man and citizen, worthy level of living to citizens of the Azerbaijan Republic - the prime target of the state.

II. The rights and freedoms of man and citizen listed in this Constitution are applied according to international treaties which party is the Azerbaijan Republic.

Article 13. Property

I. In the Azerbaijan Republic the property is inviolable and is protected by the state.

II. The property can be state, private and municipal.

III. The property cannot be used for infringement of rights and freedoms of man and citizen, interests of society and the state, advantage of the personality.

Article 14. Natural resources

Without prejudice to the rights and interests of any physical persons and legal entities natural resources belong to the Azerbaijan Republic.

Article 15. Economic development and state

I. Development of the economy based on different types of property serves in the Azerbaijan Republic to people growth in prosperity.

II. The Azerbaijani state on the basis of the market relations creates conditions for development of economy, social orientation, guarantees freedom of enterprise, does not allow monopolism and unfair competition in the economic relations.

Article 16. Social development and state

I. The Azerbaijani state cares for growth in prosperity of the people and each citizen, its social protection and worthy level of living.

II. The Azerbaijani state renders assistance to cultural development, educations, health cares, sciences, arts, protects the nature, historical, material and spiritual heritage of the people.

Article 17. Family, children and state

I. The family as the main cell of society is under special guardianship of the state.

II. Care of children and their education are debt of parents. The state exercises control over the implementation of this debt.

III. The children who do not have parents or guardians, deprived of parent care are on care of the state.

IV. It is forbidden to involve children in the activities able to pose threat of their life, to health or morality.

V. The children who did not reach 15-year age cannot be employed.

VI. The state controls implementation of the rights of the child.

Article 18. Religion and state

I. In the Azerbaijan Republic the religion is separated the state. All religions are equal before the law.

II. Distribution and promotion of religions (religious trends) degrading advantage of the personality and contradicting the principles of humanity is forbidden.

III. The state education system has secular character.

Article 19. Monetary unit

I. Monetary unit of the Azerbaijan Republic is the manat.

II. The right of release into the stream of commerce and retirement of bank notes belongs only to the Central Bank. Central Bank of the Azerbaijan Republic is in exclusive property of the state.

III. Use in the territory of the Azerbaijan Republic as means of payment in addition to manat of other monetary units is forbidden.

Article 20. The restrictions imposed on public debts

The debts made for the purpose of assistance to mutiny against the Azerbaijani state or to coup cannot be accepted by the Azerbaijan Republic as the obligation and to be paid with the Azerbaijan Republic.

Article 21. State language

I. State language of the Azerbaijan Republic is Azerbaijani. The Azerbaijan Republic provides development of Azerbaijani.

II. The Azerbaijan Republic provides free use and development of other languages on which tells the population.

Article 22. Capital

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

Article 23. Symbols of the Azerbaijani state

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

II. National flag of the Azerbaijan Republic consists of three horizontal strips, equal on width. The upper strip - blue, midland - red, the lower strip - green color, in the middle of red strip on both parties of flag are represented white color half moon with eight-pointed star. Flag width relation to its length 1:2.

III. Images of National flag of the Azerbaijan Republic and the State Emblem of the Azerbaijan Republic, music and the text of the National anthem of the Azerbaijan Republic are determined by the constitutional law of the Azerbaijan Republic.

Section second. Basic rights, freedoms and obligations

Chapter III. Basic rights and freedoms of man and citizen

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

I. The human dignity is protected and respected.

II. Everyone from the moment of the birth has the inviolable, not violated and inaliennable rights and freedoms.

III. The rights and freedoms cover also responsibility and obligations of everyone to society and other persons. Abuse of the rights is not allowed.

Article 25. Right to equality

I. All are equal before the law and court.

II. Men and women have the equal rights and freedoms.

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