Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of January 6, 1994 No. 779

About warlike situation

(The last edition from 23-12-2005)

This Law establishes the bases, procedure and consequence in law of introduction of warlike situation in the territory of the Azerbaijan Republic according to the Constitution of the Azerbaijan Republic, other laws and the international obligations of the Azerbaijan Republic.

Article 1. Bases of introduction of warlike situation

In all territory or in certain areas of the Azerbaijan Republic can be the bases of introduction of warlike situation:

1) the announcement in the Azerbaijan Republic of state of war according to the Constitution of the Azerbaijan Republic;

2) availability of real danger of armed attack to the Azerbaijan Republic;

3) blockade of the territory of the Azerbaijan Republic or its certain places from the land, water or air foreign state or the states, and also availability of real danger to such blockade;

4) declaration of war to the Azerbaijan Republic foreign state or states;

5) actual occupation of certain part of the territory of the Azerbaijan Republic.

Article 2. Procedure for introduction of warlike situation

Martial law is imposed by the presidential decree of the Azerbaijan Republic.

The presidential decree of the Azerbaijan Republic about introduction of warlike situation accepted during Millie's work of Majlis of the Azerbaijan Republic without delay is submitted to them Millie to Majlis of the Azerbaijan Republic. Millie Majlis of the Azerbaijan Republic accepts the resolution on the matter within 24 hours.

In case of introduction of warlike situation during the period between Millie's meetings of Majlis of the Azerbaijan Republic the chairman Millie of Majlis of the Azerbaijan Republic without delay convenes Millie's meeting of Majlis of the Azerbaijan Republic at which the decision on the matter no later than 72 hours from the moment of submission of the corresponding presidential decree of the Azerbaijan Republic in Millie Majlis of the Azerbaijan Republic is made.

The resolution on the presidential decree of the Azerbaijan Republic on introduction of warlike situation is accepted by the majority in 63 voices of deputies of Millie of Majlis of the Azerbaijan Republic.

The presidential decree of the Azerbaijan Republic about introduction of warlike situation which is not approved by Millie Majlis of the Azerbaijan Republic immediately voids.

Article 3. Terms of introduction of warlike situation

In case of elimination of the bases specified in article 1 of this Law or in case of the conclusion of the peace treaty with the state or the states waging war, the warlike situation is without delay repealed by Millie Majlis of the Azerbaijan Republic on own initiative or according to the proposal of the President of the Azerbaijan Republic.

Article 4. Distribution of decrees on introduction of warlike situation

The decree of the Nonresident of the Azerbaijan Republic on introduction of warlike situation extends mass media, and in case of impossibility of they are by other methods not later than 6 hours before its introduction in action.

In the circumstances requiring urgent measures for protection of life and safety of the population, terms of distribution of the presidential decree of the Azerbaijan Republic about introduction of warlike situation can be changed by the President of the Azerbaijan Republic.

Article 5. About inadmissibility in the period of warlike situation of election of the president of the Azerbaijan Republic and in Millie Majlis of the Azerbaijan Republic and representative state bodies

In case of the expiration of powers of the President of the Azerbaijan Republic, Millie of Majlis of the Azerbaijan Republic, other elected state bodies during introduction of warlike situation in all territory of the Azerbaijan Republic, and also term of office of territorial elected state bodies during introduction of warlike situation in certain areas, all of them continue to perform the powers until carrying out after cancellation of warlike situation of elections, according to the procedure, provided in the relevant laws of the Azerbaijan Republic.

In case of the announcement of warlike situation more than in 25 percent of the territory of the Azerbaijan Republic, during warlike situation, and also within 3 months after cancellation of warlike situation the referendum cannot be held.

Article 6. The presidential decree of the Azerbaijan Republic about introduction of warlike situation

In the presidential decree of the Azerbaijan Republic about introduction of warlike situation shall be specified:

a) the bases of introduction of warlike situation specified in article 1 of this Law;

b) list and limits of measures of warlike situation; c) exhaustive list of temporary restrictions of the rights and freedoms;

d) state bodies responsible for implementation of measures of warlike situation and their power;

e) territorial borders of action of warlike situation;

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