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CONSTITUTIONAL LAW OF THE AZERBAIJAN REPUBLIC

of June 12, 2012 No. 376-IVKQ

About providing the former President of the Azerbaijan Republic and members of his family

This Constitutional law according to part II of article 108 of the Constitution of the Azerbaijan Republic determines rules of providing person who was elected earlier the President of the Azerbaijan Republic (further "the former President"), and members of his family.

Article 1. Concepts

1.1. In this Constitutional law "the former President" is implied as the following persons:

1.1.1. person who held position of the President of the Azerbaijan Republic according to the Constitution of the Azerbaijan Republic;

1.1.2. person who held position of the President of the Azerbaijan Republic according to the Constitution of the Azerbaijan Republic and died;

1.1.3. person whose Presidential powers were stopped according to article 104 of the Constitution of the Azerbaijan Republic.

1.2. "The spouse (spouse) of the former President" in this Constitutional law is meant as his spouse (spouse) who for date of death of the former President consisted with it in legal marriage.

1.3. The child of the died former President who did not reach age of 18 years and being in its dependence, including the adopted child or the stepson is meant "the child who is in dependence" in this Constitutional law.

Article 2. Pension of the former President

2.1. The former President receives monthly pension in the amount of 50 percent of monthly official pay rate of the incumbent president of the Azerbaijan Republic.

2.2. Person discharged of position of the President of the Azerbaijan Republic according to article 107 of the Constitution of the Azerbaijan Republic has no rights to receive the monthly pension provided in article 2.1 of this Constitutional law.

Article 3. The benefit which is subject to payment to the spouse

3.1. After the death of the former President in time of its powers the monthly benefit in the pension amount which was subject to payment to the former President based on article 2.1 of this Constitutional law is paid to the following persons:

3.1.1. to the spouse (spouse);

3.1.2. in the absence of the spouse (spouse) to the child who is in dependence.

3.2. In case of the death of the former President in time of its powers the monthly benefit in the pension amount which was subject to payment to the former President based on article 2.1 of this Constitutional law is paid to the following persons:

3.2.1. to the spouse (spouse);

3.3.2. in the absence of the spouse (spouse) to the child who is in dependence.

3.3. In case of the death of the spouse (spouse) the former President receiving benefit based on articles 3.1-3.2 of this Constitutional law which is subject to payment monthly benefit it is paid to the child who is in dependence.

3.4. If the children who are in dependence, more than one, then the monthly benefit which is subject to payment based on articles 3.1-3.3 of this Constitutional law is paid, sharing between the children who are in dependence equally.

3.5. In case of achievement by the child who is in dependence for benefit of which payments, benefits share of age of 18 years the part of benefit relating to it it is paid to the children who are in dependence and having rights to receive allowance payments, sharing between them equally.

3.6. The spouse (spouse) and (or) the child of person discharged of position of the President of the Azerbaijan Republic according to article 107 of the Constitution of the Azerbaijan Republic and subsequently the dead who is in dependence have no rights to receive benefit provided in article 3.1 of this Constitutional law.

Article 4. The period in which pension and benefit is paid

4.1. The pension and other payments which are due to the former President according to articles 2.1 and 10.2 of this Constitutional law are paid from the date of leaving of the President's position by it about day of death.

4.2. The monthly benefit which is subject to payment to the spouse (spouse) or the child of the former President who is in dependence is paid from the next day after the death of the former President to:

4.2.1. day of death of the spouse (spouse);

4.2.2. day of achievement by the child of age of 18 years who is in dependence.

4.3. The monthly benefit which according to article 3.3 of this Constitutional law is subject to payment to the child who is in dependence after the death of the spouse (spouse) the former President is paid from the next day after the death of the spouse (spouse) the former President about day of achievement of 18 years by this child of age.

Article 5. The expenses paid at the expense of means of the government budget

The expense amount, the pensions and benefits connected with payment according to this Constitutional law, and also provision of other providing, is specified in the government budget separately.

Article 6. Alienation prohibition

6.1. Pensions, benefits and other payments which are due according to this Constitutional law cannot be forcibly issued or transferred to other person or are collected or arrested according to the court order.

6.2. The following cases constitute exception:

6.2.1. debt repayment which is subject to payment to the Azerbaijani state and it is overdue;

6.2.2. availability of the court order which took legal effect about payment of regular sums of money on content of the former spouse (spouse) the former President which is granted pension, or his juvenile child.

Article 7. Non-admission of the circulation of the requirement of pension, benefit and other vylata in case of bankruptcy

In case of confiscation or forced removal from property and different ways of property of person which according to this Constitutional law has the right to pension of benefit and other payments, the cost of pension, benefit or other payments does not constitute any part of assets of the bankrupt.

Article 8. Income tax exemption

The pension amount, benefits and other payments which are due according to this Constitutional law is exempted from the income tax.

Article 9. Medical support

Provisions of all laws and rules on the medical providing established for the government employee extend to the former President and members of his family.

Article 10. Other providing

10.1. The following, other providing is provided to the former President:

10.1.1. Personnel of providing:

10.1.1.1. personnel of safety no more than three people;

10.1.1.2. one driver.

10.1.2. One vehicle.

10.2. Entertainment expenses:

10.2.1. to the former President monthly entertainment expenses in the amount of 20 interests of monthly official pay rate of the incumbent president of the Azerbaijan Republic are paid;

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