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CONSTITUTIONAL ACT OF THE AZERBAIJAN REPUBLIC

of October 18, 1991 No. 222-XII

About recovery of the state independence of the Azerbaijan Republic

On May 28, 1918 the National Council of Azerbaijan adopted the Declaration on independence, having renewed thereby centuries-old traditions of statehood of the Azerbaijani people.

The Azerbaijan Republic, having in the territory all completeness of the government, pursued independent foreign and domestic policy. Institutes inherent in the independent state - parliament, the government, army, financial system of the Azerbaijan Republic were created and functioned. The Azerbaijan Republic was recognized as many foreign states and established with them diplomatic relations. But on April 27-28, 1920 RSFSR, having roughly trampled on the international precepts of law, without declaration of war entered parts of the armed forces into Azerbaijan, occupied the territory of the sovereign Azerbaijan Republic, violently overthrew duly elected authorities and put end to the independence reached at the price of the huge victims of the Azerbaijani people.

After this Azerbaijan as well as in 1806-1828, it is again annexed by Russia.

The agreement on formation of the USSR of December 30, 1922 was designed to fix this annexation. Further, for 70 years against the Azerbaijan Republic the colonialism policy was pursued, natural resources of Azerbaijan were ruthlessly operated and its national wealth was taken away, the Azerbaijani people were exposed to prosecutions and repressions, its national advantage was trampled. Despite it, the Azerbaijani people continued the fight for the state independence.

Acceptance by the Supreme Council of the Azerbaijan Republic to the Declaration "About Recovery of the State Independence of the Azerbaijan Republic" became on August 30, 1991 its result.

The Supreme Council of the Azerbaijan Republic, based on the Declaration on the independence adopted by National Council of Azerbaijan on May 28, 1918 on succession of democratic principles and traditions of the Azerbaijan Republic and being guided by the Declaration of the Supreme Council of the Azerbaijan Republic of August 30, 1991 "About recovery of the state independence of the Azerbaijan Republic", adopts this Constitutional Act and establishes bases of the state, political and economic system of the independent Azerbaijan Republic.

1. General provisions

Article 1.

Invasion on April 27-28, 1920 by the 11th army of RSFSR to Azerbaijan, annexation of the territory of the republic, overthrow of the Azerbaijan Democratic Republic - the subject of international law are occupation by Russia of independent Azerbaijan.

Article 2.

The Azerbaijan Republic is successor of the Azerbaijan Republic existing from May 28, 1918 to April 28, 1920.

Article 3.

The agreement on formation of the USSR of December 30, 1922 is invalid from the moment of signing in the parts relating to Azerbaijan.

All following questions of relations with the sovereign states which were part of the former USSR are subject to settlement on the basis of contracts and agreements.

Article 4.

The constitution of the Azerbaijan Republic is effective 1978 so far as does not contradict provisions of this Constitutional Act.

In the Azerbaijan Republic all acts of the Azerbaijan Republic existing before declaration of recovery of the state independence as the Azerbaijan Republic which do not contradict sovereignty of the Azerbaijan Republic and its territorial integrity keep legal force, are not directed to change of its national-state device.

Until adoption of the relevant laws of the Azerbaijan Republic in the territory of the Azerbaijan Republic the laws of the USSR which list is established by parliament of the Azerbaijan Republic keep legal force.

Article 5.

Any actions directed against independence of the Azerbaijan Republic are intervention in internal affairs of the sovereign state and involve response actions according to rules of international law.

Article 6.

Only that part of public debt of the USSR which was formed as a result of economic activity in the territory of the republic can pass to the Azerbaijan Republic and arose in connection with the property of the USSR which passed to the Azerbaijan Republic.

Article 7.

All movable and immovable property of the USSR in the territory of the Azerbaijan Republic is state-owned property of the Azerbaijan Republic. The exception is constituted by that part of movable property of the USSR which can be transferred to other gosudarstvambyvshy subjects of the USSR according to international law under the agreement.

The property of the USSR which is outside the Azerbaijan Republic, but which it was formed for the national income account of Azerbaijan, its natural and other resources during finding of Azerbaijan as a part of the USSR passes under the agreement to the Azerbaijan Republic in the part corresponding to contribution of Azerbaijan to formation of this property.

2. People of Azerbaijan

Article 8.

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

Article 9.

The people of Azerbaijan have the inalienable right to choose the own form of government, to determine the relations with other people and to develop the political, economic and cultural life according to the historical and national traditions, universal values.

Article 10.

The sovereign power in the Azerbaijan Republic belongs to the people of Azerbaijan. Any part of the people of Azerbaijan, any personality cannot appropriate power on its implementation.

The people of Azerbaijan perform the sovereign power directly by referendum and through the representatives in parliament of the Azerbaijan Republic elected general, equal and direct suffrage in case of secret vote.

Article 11.

The people of Azerbaijan guarantee democratic system of the Azerbaijan Republic and rule of law as expression of will of the people.

3. Azerbaijani State

Article 12.

The people of Azerbaijan forms the independent, secular, democratic, unitary state which sovereign power in internal matters is limited only to the right, and in external - only the provisions following from agreements and from announcements on which the people of Azerbaijan freely expressed the consent.

Sovereignty of the Azerbaijan Republic is indivisible and extends to all its territory.

The Azerbaijan Republic does not alienate in any form of those sovereign rights which it performs in the territory, to other states or the unions of the states.

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