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CONSTITUTIONAL LAW OF THE AZERBAIJAN REPUBLIC

of December 21, 2010 No. 21-IVKQ

About regulatory legal acts

(as amended on 13-03-2020)

This Constitutional Law determines procedure for development, acceptance, registration, the publication, action, interpretation and systematization of regulatory legal acts.

Chapter I. General provisions

Article 1. The basic concepts used in this Constitutional Law

1.0. The basic concepts used in this Constitutional Law have the following values:

1.0.1. regulatory legal act - the official document of the established form accepted within competence of authorized state body or by referendum with observance of the procedure established by the Constitution of the Azerbaijan Republic, containing obligatory rules of conduct expected the uncertain group of people and numerous application;

1.0.2. legal acts - the regulatory legal acts constituting legislative system of the Azerbaijan Republic;

1.0.3. the act of normative nature - the official document of the established form, the stipulated in Clause 4.1 Laws or local government body reflecting obligatory rules of conduct for the uncertain group of people and provided for numerous application;

1.0.4. the legal act - regulatory legal act, the act of normative nature or the substandard legal act;

1.0.5. systematization of the legislation - activities for streamlining of regulatory legal acts, their reduction in the ordered system approved internal single;

1.0.6. incorporation - consolidation of regulatory legal acts in collections (meetings) in certain procedure, without change of their content;

1.0.7. codification - consolidation of regulatory legal acts in single regulatory legal act by conversion of form and content;

1.0.8. compiled laws - the systematized meeting uniting the legislation of the Azerbaijan Republic;

1.0.9. gaps in the legislation - lack of the legislative arrangements governing the specific public relations;

1.0.10. analogy of the law - application to the public relations owing to lack of the regulations of the legislation governing these public relations, the regulations of the legislation governing the similar public relations;

1.0.11. analogy of the right - application to the public relations owing to lack of the rules of law regulating not only this, but also the similar public relations, sense of the legislation, the general principles of the right and the principles of specific industries of the right;

1.0.12. collision of regulatory legal acts - contradiction (discrepancy) of regulations of the operating regulatory legal acts governing the same public relations;

1.0.13. rule-making activities - activities for preparation, examination, acceptance, modification, interpretation, action suspension, or cancellation of regulatory legal acts;

1.0.14. the subject of rule-making activities - bodies (persons) who are taking part in rule-making activities;

1.0.15. rule-making initiative - official representation by the subject established by the I part 96 of article of the Constitution of the Azerbaijan Republic, the bill for discussion in Millie Majlis of the Azerbaijan Republic;

1.0.16. registration of regulatory legal act - signing of regulatory legal act by the authorized person and entering into the State register of regulatory legal acts of the Azerbaijan Republic;

1.0.17. rule-making body - state body, authorized to adopt regulatory legal acts;

1.0.18. rule-making process - rule-making activities of state body for development and acceptance of regulatory legal acts, their introduction in action;

1.0.19. the rule-making equipment - system of rules of preparation of projects of regulatory legal acts;

1.0.20. promulgation of regulatory legal act - official bringing regulatory legal act to general data by its publication in official seal, distribution through other mass media or other public means of communication;

1.0.21. local regulatory legal act - regulatory legal act which action is limited to framework of one or several state bodies;

1.0.22. technical regulatory legal acts - technical regulations, technical codes of common practice, aviation rules, zoohygienic, veterinary, veterinary sanitary standards and rules, sanitary standards and rules, hygienic standard rates, Articles and regulations of pharmacopeia, the fire safety regulation, regulation and the rule of ensuring technical, industrial, nuclear and radiation safety, regulation and the rule of safe transportation of dangerous goods, regulations and rules of protection and rational use of subsoil of the earth, specialized reference books, forms of the state statistical observations and instruction for their filling, methods of forming and calculation of statistics, instructions on the organization and carrying out the state statistical observations, forms of the reporting of managements and instruction for their filling, projects of zones of protection of immovable material historical and cultural values, other regulatory legal acts, carried by regulatory legal acts of the Azerbaijan Republic to technical regulatory legal acts and approved (enacted) according to the procedure, established by the legislation of the Azerbaijan Republic;

1.0.23. modification of regulatory legal act - entering into regulatory legal act of the regulations changing content of its provisions or additional regulations;

1.0.24. possibility of abuse normative legal aktomnalichy in regulatory legal acts of the provisions creating conditions for corruption manifestations;

1.0.25. discretion - powers which the body (person) for the reason can apply;

1.0.26. dispositive opportunity - possibility of behavior of body (person) at the choice;

1.0.27. the legal force of normative legal aktakharakteristik of regulatory legal act determining obligation of its application to the corresponding public relations and also its benefit or hierarchy in relation to other regulatory legal acts.

Article 2. Regulating legal documents and their legal force

2.1. Types of regulatory legal acts are established by article 148 of the Constitution of the Azerbaijan Republic.

2.2. The legal force of regulatory legal acts is established by parts II, III, IV, V, VI of Article 149 and article 151 of the Constitution of the Azerbaijan Republic.

2.3. In case of discrepancy of the act adopted on referendum (daleeakt referendum), the law, the decree or other regulatory legal act with the Constitution of the Azerbaijan Republic, the Constitution of the Azerbaijan Republic is effective.

2.4. In case of discrepancy of the law, the decree or other regulatory legal act with the act of referendum, the act of referendum is effective.

2.5. In case of discrepancy of the Civil Code of the Azerbaijan Republic with other codes and the laws reflecting regulations of the civil law the Civil Code of the Azerbaijan Republic is effective.

2.6. In case of discrepancy of the Decree or other regulatory legal act with the law, the law is effective.

2.7. In case of discrepancy of the resolution of the Cabinet of Ministers of the Azerbaijan Republic, regulatory legal acts of bodies of the central executive authority with the decree, the decree is effective.

2.8. In case of discrepancy of regulatory legal acts of bodies of the central executive authority with the resolution of the Cabinet of Ministers of the Azerbaijan Republic, the resolution of the Cabinet of Ministers of the Azerbaijan Republic is effective.

2.9. The legal force of provisions, charters, instructions, regulations and rules is established by legal force of the regulatory legal act which approved them.

2.10. The legal force of regulatory legal acts of state bodies of the Nakhchivan Autonomous Republic is established by part V of article 134 of the Constitution of the Azerbaijan Republic and parts II, III, IV and V of article 49 of the Constitution of the Nakhchivan Autonomous Republic.

Article 3. The legal acts which are not normative and their legal force

3.1. The legal acts adopted for the purpose of implementation of specific (one-time) organizational, control or administrative actions, or expected other single application are not normative.

3.2. Substandard legal acts are adopted according to the corresponding regulation and it is necessary to refer to its corresponding norm.

3.3. Treat substandard legal acts:

3.3.1. Millie's orders of Majlis of the Azerbaijan Republic;

3.3.2. Orders of the President of the Azerbaijan Republic;

3.3.3. Orders of the Cabinet of Ministers of the Azerbaijan Republic;

3.3.4. acts of the bodies performing state registration of acts of civil status;

3.3.5. other legal acts which are not normative according to part one of this Article.

Article 4. Acts of normative nature and their legal force

4.1. Treat acts of normative nature of the Azerbaijan Republic:

4.1.1. The resolutions of the Constitutional Court of the Azerbaijan Republic accepted according to Items 1-7 of part III of Article 130 and the Section IV of the Constitution of the Azerbaijan Republic;

4.1.2. Resolutions, instructions and interpretation of Central Election Commission of the Azerbaijan Republic;

4.1.3. solutions of the regulator of the financial markets;

4.1.4. Resolutions of Judicial and Legal Council;

4.1.5. Resolutions of National council of television and radio;

4.1.6. Resolutions of local government bodies;

4.1.7. Resolutions of bodies of the local executive authority.

4.2. Acts of normative nature cannot establish responsibility for their non-execution.

4.3. Acts of normative nature are applied on the corresponding regulatory legal act and refer to its corresponding norm.

4.4. Except for the acts of normative nature provided in article 4.1.1 of this Constitutional Law, other acts of normative nature cannot contradict normative legal acts of the Azerbaijan Republic.

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