Chapter V. Legislative power

Article 81. Implementation of legislative power

Legislative power in the Azerbaijan Republic is implemented by Milli Majlis of the Azerbaijan Republic.

Article 82. Number of deputies in Milli Majlis of the Azerbaijan Republic

Milli Majlis of the Azerbaijan Republic consists of 125 deputies.

Article 83. Procedure of elections of deputies of Milli Majlis of the Azerbaijan Republic

Deputies of Milli Majlis of the Azerbaijan Republic are elected based on majority voting systems and general, equal and direct elections by way of free, individual and secret voting.

Article 84. Term of authority of a calling of Milli Majlis of the Azerbaijan Republic

I. Term of authority of each calling of Milli Majlis of the Azerbaijan Republic is 5 years. In case the conduct of elections to the Milli Majlis of the Republic of Azerbaijan may not be held due to military operations under a state of war, the term of office of the Milli Majlis of the Republic of Azerbaijan shall be extended until the end of military operations. The decision of this matter shall be adopted by the Constitutional Court of the Republic of Azerbaijan on the basis of the application of the state body organizing elections (referendum).

II. Elections for each calling of Milli Majlis of the Azerbaijan Republic take place every 5 years on a first Sunday of November.

III. Term of authority of deputies of Milli Majlis of the Azerbaijan Republic is restricted by term of authority of respective calling of Milli Majlis of the Azerbaijan Republic.

IV. If new elections of deputies to replace retired deputies of Milli Majlis of the Azerbaijan Republic are carried out, then term of authority of newly elected deputy corresponds to remaining term of authority of respective retired deputy.

Article 85. Requirements to candidates to the posts of deputies of Milli Majlis of the Azerbaijan Republic

I. Every citizen of the Azerbaijan Republic not younger than 25 may be elected the deputy of Milli Majlis of the Azerbaijan Republic in an established order.

II. Persons having double citizenship, those having obligations to other states, those working in the bodies of executive or judicial power, persons involved in other payable activity except scientific, pedagogical and creative activity, religious men, persons whose incapacity has been confirmed by law court, those condemned for grave crime, serving a sentence due to verdict of law court may not be elected the deputies of Milli Majlis of the Azerbaijan Republic.

Article 86. Inspection and approval of results of elections of deputies of Milli Majlis of the Azerbaijan Republic

Accuracy of results of elections is checked and approved by Constitutional Court of the Azerbaijan Republic as specified in the law.

Article 87. End of the term of authority of deputies of Milli Majlis of the Azerbaijan Republic

I. Term of authority of deputies of Milli Majlis of the Azerbaijan Republic ends on a day of first meeting of new calling of Milli Majlis of the Azerbaijan Republic.

II. Elections of deputies to replace those who left Milli Majlis of the Azerbaijan Republic shall not be held if less than 25 days remains to the end of term of authority of Milli Majlis of the Azerbaijan Republic.

III. Milli Majlis of the Azerbaijan Republic will have powers after authority of 83 of its deputies has been approved.

Article 88. Sessions of Milli Majlis of the Azerbaijan Republic

I. Every year two spring and autumn sessions of Milli Majlis of the Azerbaijan Republic are held.

After approval of authority of 83 deputies of Milli Majlis of the Azerbaijan Republic the first meeting of Milli Majlis of the Azerbaijan Republic shall be summoned within 1 week beginning from the day of approval.

If after elections to Milli Majlis of the Azerbaijan Republic, authority of 83 its deputies has not been approved before 10 October or 10 March then day of opening of the first meeting of Milli Majlis of the Azerbaijan Republic will be established by Constitutional Court of the Azerbaijan Republic.

II. Extraordinary sessions of Milli Majlis of the Azerbaijan Republic will be summoned by the Chairman of Milli Majlis of the Azerbaijan Republic at request of the President of the Azerbaijan Republic or 42 deputies of Milli Majlis of the Azerbaijan Republic.

III. Agenda of extraordinary session will be prepared by those who summoned said session. After the questions of agenda have been discussed extraordinary session ends.

IV. The assemblies of the sessions of the Milli Majlis of the Republic of Azerbaijan are open to the public. An assembly of the session of the Milli Majlis may be closed to the public upon the

claim of 83 members of parliament or the proposal by the President of the Republic of Azerbaijan.

Article 89. Deprivation of deputies of Milli Majlis of the Azerbaijan Republic of their mandates and loss of powers by the deputy of Milli Majlis of the Azerbaijan Republic

I. The deputy of Milli Majlis of the Azerbaijan Republic looses his/her mandate in the following cases:

1. whenever during the elections there was falsification in calculation of votes;

2. on giving up the citizenship of the Azerbaijan Republic or accepting other citizenship;

3. on commitment of crime and whenever there is valid verdict of law court;

4. on taking position in state bodies, post in religious organizations, involvement in business, commercial or other paid activity (except scientific, pedagogical and creative activity);

5. on a voluntary basis;

Decision about deprivation of the deputy of Milli Majlis of the Azerbaijan Republic of his mandate is taken as specified in legislation.

II. Whenever deputies of Milli Majlis of the Azerbaijan Republic are not able to fulfil their obligations and in other cases specified by law their authority is considered terminated. Procedure of taking respective decision is determined by the law.

Article 90. Immunity of deputies of Milli Majlis of the Azerbaijan Republic

I. A deputy of Milli Majlis of the Azerbaijan Republic enjoys immunity during the whole term of his powers. Except cases when the deputy may be caught in the act of crime, the deputy of Milli Majlis of the Azerbaijan Republic may not be called to criminal responsibility during the whole term of his/her authority, arrested, disciplinary measures may not be applied to him by law court, he may not be searched. The deputy of Milli Majlis of the Azerbaijan Republic may be arrested only if he/she has been caught at a place of crime. In such case the body which detained the deputy of Milli Majlis of the Azerbaijan Republic must immediately notify General Procurator of the Azerbaijan Republic about the fact.

II. Immunity of deputy of Milli Majlis of the Azerbaijan Republic might be stopped only by decision of Milli Majlis of the Azerbaijan Republic based on application of General Procurator of the Azerbaijan Republic.

Article 91. Prohibition on institution of proceedings against deputies of Milli Majlis of the Azerbaijan Republic

Deputies of Milli Majlis of the Azerbaijan Republic cannot be made responsible for their activity in Milli Majlis of the Azerbaijan Republic, voting in Milli Majlis of the Azerbaijan Republic and statements made in Milli Majlis of the Azerbaijan Republic. Without the deputies' consent, in connection with such cases, they are not obliged to give explanations and evidence.

Article 92. Organization of work of Milli Majlis of the Azerbaijan Republic

The Milli Majlis of the Republic of Azerbaijan shall determine its regulations of work and establish its bodies including election of chairperson and deputies, organization of committees standing and other commissions, establishment of counting chamber.

Article 93. Acts of Milli Majlis of the Azerbaijan Republic

I. Milli Majlis of the Azerbaijan Republic accepts Constitutional laws and decrees regarding the questions of its competence.

II. Constitutional laws, laws and decrees are taken in Milli Majlis of the Azerbaijan Republic in an order specified in the present Constitution.

III. Deputies of Milli Majlis of the Azerbaijan Republic exercise their voting right personally.

IV. Specific orders to the bodies of executive power and law courts cannot be envisaged in laws and decrees of Milli Majlis of the Azerbaijan Republic.

Article 94. General rules established by Milli Majlis of the Azerbaijan Republic

I. Milli Majlis of the Azerbaijan Republic establishes general rules concerning the following matters:

1. use of rights and liberties of a person and citizen specified in the present Constitution, state guarantees of these rights and liberties;

2. elections of the President of the Azerbaijan Republic;

3. elections to Milli Majlis of the Azerbaijan Republic and status of deputies of Milli Majlis of the Azerbaijan Republic;

4. referendum;

5. judicial system and status of judges; procurator's office, the bar and notary's offices;

6. legal proceedings, execution of court verdicts;

7. elections to municipalities and status of municipalities;

8. state of emergency; martial law;

9. state awards;

10. status of physical persons and legal entities;

11. objects of civil law;

12. transactions, civil-legal agreements, representation and inheritance;

13. right of property, including legal regime of state, private and municipal property, right of intellectual property, other proprietary rights; liability right;

14. family relationships, including guardianship and trusteeship;

15. basis of financial activity-taxes, duties and charges;

16. labor relationships and social maintenance;

17. interpretation of crime and other violations of law; establishment of responsibility for these acts;

18. defence and military service;

19. governmental employment;

20. basis of security;

21. territorial arrangement; regime of state borders;

22. ratification and denunciation of international treaties;

23. communications and transport;

24. statistics; metrology and standards;

25. customs;

26. commerce and stock exchange activity;

27. banking business, accounting, insurance.

II. As per questions specified in paragraphs 2, 3, 4 of the present Article the laws are approved by majority of 83 votes, as per other questions-by majority of 63 votes.

III. The first part of the present Article might be supplemented with the Constitutional law.

Article 95. Competence of Milli Majlis of the Azerbaijan Republic

I. The following questions fall under the competence of Milli Majlis of the Azerbaijan Republic:

1. organization of work of Milli Majlis of the Azerbaijan Republic;

2. based on recommendation by the President of the Azerbaijan Republic establishment of diplomatic representations of the Azerbaijan Republic;

3. administrative-territorial division;

4. approval and termination of interstate and intergovernmental agreements envisaging laws different from the laws of the Republic of Azerbaijan;

5. based on recommendation by the President of the Azerbaijan Republic approval of state budget of the Azerbaijan Republic and control over its execution;

6. election of Ombudsman of Azerbaijan Republic upon recommendation of the President of Azerbaijan Republic;

7. based on recommendation by the President of the Azerbaijan Republic approval of military doctrine of the Azerbaijan Republic;

8. in cases specified in the present Constitution approval of decrees of the President of the Azerbaijan Republic;

9. based on recommendation by the President of the Azerbaijan Republic giving consent for appointment of Prime-minister of the Azerbaijan Republic;

10. based on recommendation by the President of the Azerbaijan Republic appointment of judges of Constitutional Court of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic and the Courts of Appeal of the Azerbaijan Republic;

11. based on recommendation by the President of the Azerbaijan Republic giving consent for appointment and dismissal of General Procurator of the Azerbaijan Republic;

12. dismissal of the President of the Azerbaijan Republic by way of impeachment based on recommendation of Constitutional Court of the Azerbaijan Republic;

13. based on recommendation by the President of the Azerbaijan Republic dismissal of judges;

14. taking decision regarding a vote of confidence in the Cabinet of Ministers of the Azerbaijan Republic;

15. appointing and dismissing the members of the Board of Directors of the Central National Bank of the Republic of Azerbaijan upon recommendation of the President of the Republic of Azerbaijan;

16. based on recommendation by the President of the Azerbaijan Republic giving consent for enlistment of Military Forces of the Azerbaijan Republic to operations other than their normal duties;

17. based on request of the President of the Azerbaijan Republic giving consent for announcement of war and conclusion of peace treaty;

18. announcement of referendum;

19. amnesty.

20. hearing of the municipality reports.

(Additions made by Constitutional Law No. 7-IIIKQD dated December 13, 2005)

Resolution of the following issues shall be under the responsibilities of the Milli Majlis of the Republic of Azerbaijan in conformity with Part IV of this Article:

1. appointing members of the Central Election Commission;

2. electing a part of members of the Council of Administration of Public Service;

3. electing a part of members of Commission on Combating Corruption within the Council of Administration of Public Service;

4. electing a part of members of the Judicial Legal Council of the Republic of Azerbaijan; and

5. appointing members of the Council of Broadcast of the Public Television and Radio Broadcasting institution.

II. As per questions specified in paragraphs 1-5 of the present Article the laws are approved by majority of 63 votes, as per other questions decrees are approved in the same order if not specified otherwise by the present Constitution.

III. Resolutions shall be also adopted with respect to other issues which, according to the present Constitution, fall within the competence of Milli Majlis of Azerbaijan Republic, the issues connected with the organization of the activity of Milli Majlis of Azerbaijan Republic as well as the issues where the opinions of Milli Majlis of Azerbaijan Republic are required.

IV. The first part of the present Article may be supplemented with the Constitutional law.

Article 96. Right of legislative initiative

I. Right of legislative initiative in Milli Majlis of the Azerbaijan Republic (right to submit for consideration by Milli Majlis of the Azerbaijan Republic drafts of laws and other questions) belongs to deputies of Milli Majlis of the Azerbaijan Republic, the President of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic, 40 thousand citizens

of the Republic of Azerbaijan enjoying suffrage, the Prosecutor's Office of Azerbaijan Republic and Ali Majlis of Nakhchyvan Autonomous Republic.

II. Drafts of laws or decrees submitted for consideration by Milli Majlis of the Azerbaijan Republic by the President of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic, 40 thousand citizens of the Republic of Azerbaijan enjoying suffrage, the Prosecutor's Office of Azerbaijan Republic or Ali Majlis of Nakhchyvan Autonomous Republic, as legislative initiative, are put to the vote as they are.

III. Changes to such laws or decisions can be made with the consent of the subject body enjoying the right of legislative initiative.

IV. Drafts of laws or decrees submitted for consideration by Milli Majlis of the Azerbaijan Republic by the President of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic, the Prosecutor's Office of Azerbaijan Republic or Ali Majlis of Nakhchyvan Autonomous Republic, as legislative initiative, are put to the vote in Milli Majlis of the Azerbaijan Republic within two months.

V. If draft of the law or decree has been declared by the President of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic, 40 thousand citizens of the Republic of Azerbaijan enjoying suffrage, the Prosecutor's Office of Azerbaijan Republic or Ali Majlis of Nakhchyvan Autonomous Republic urgent, then above specified term shall constitute 20 days.

VI. The manner in which 40 thousand citizens of the Republic of Azerbaijan enjoying suffrage exercise their right to initiate legislation shall be defined by law.

VII. Draft laws and decisions shall be substantiated and the purposes for their adoption shall be indicated.

Article 97. Term for submitting laws for signing

I. Drafts of the laws are submitted to the President of the Azerbaijan Republic for signing within 14 days from the day of their acceptance.

II. Urgent draft of the law is submitted to the President of the Azerbaijan Republic for signing within 24 hours from the moment of its acceptance.

Article 98. Validity of acts of Milli Majlis of the Azerbaijan Republic

If not specified otherwise in the law and decree of Milli Majlis of the Azerbaijan Republic themselves the law and decree become valid from the date of their publication.