Chapter VI. Executive power

Article 99. Vesting of executive power

Executive power in the Republic of Azerbaijan shall be vested in the President of the Republic of Azerbaijan.

Article 100. Requirements to candidates to the post of the President of the Republic of Azerbaijan

Any citizen of the Republic of Azerbaijan, who has resided permanently on the territory of the Republic of Azerbaijan for longer than 10 years, has the right to participate in elections, and has not been previously convicted for a serious crime, has no obligations to other states, has higher education, and who has no dual citizenship may be elected the President of the Republic of Azerbaijan.

Article 101. Foundations of elections of the President of the Republic of Azerbaijan

I. The President of the Republic of Azerbaijan is elected for a 7-year term by way of universal, direct and equal suffrage, by free, personal and secret ballot. The President of the Republic of Azerbaijan may call extraordinary elections of the President of the Republic of Azerbaijan.

II. The President of the Republic of Azerbaijan is elected by a majority of half of the votes.

III. If required majority has not achieved in the first round of voting, then second round will be held on second Sunday after the first round. Only two candidates who gained more votes than others in the first round, or two candidates following closely the first ones, should they recall their candidatures, will take part in the second round of elections.

IV. The candidate having collected majority of votes in the second round of elections is considered to be elected the President of the Republic of Azerbaijan.

V. In case the conduct of the Presidential Election of the Republic of Azerbaijan is not held due to military operations under a state of war, the term of office of the President of the Republic of Azerbaijan shall be extended until the end of military operations. The decision on 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).

VI. Procedure of implementation of the present Article is prescribed by law.

Article 102. Results of elections of the President of the Republic of Azerbaijan

Results of elections of the President of the Republic of Azerbaijan are officially announced by Constitutional Court of the Republic of Azerbaijan within 14 days after the day of voting.

Article 103. Oath of a person elected the President of the Republic of Azerbaijan

I. A person elected the President of the Republic of Azerbaijan, within 3 days of announcement of results of elections of the President of the Republic of Azerbaijan, takes an oath with participation of judges of Constitutional Court of the Republic of Azerbaijan: “Carrying out powers of the President of the Republic of Azerbaijan I swear to follow the Constitution of the Republic of Azerbaijan, protect sovereignty and territorial integrity of the state, to serve people”.

II. The President of the Republic of Azerbaijan shall be considered to enter on the execution of his office upon having taken the presidential oath.

Article 103 1. Vice-presidents of the Republic of Azerbaijan

I. The First Vice-President and Vice-Presidents of the Republic of Azerbaijan are appointed and dismissed by the President of the Republic of Azerbaijan.

II. A citizen of the Republic of Azerbaijan who has the right to participate in elections, has higher education and has no obligations to other states may be appointed to the position of Vice-President of the Republic of Azerbaijan.

Article 104. Inability of the President to regularly exercise his powers

I. The President of the Republic of Azerbaijan shall be deemed to have vacated office before the completion of his term upon resignation, complete inability to exercise his powers due to poor health, or upon dismissal in cases and according to the procedure as provided for in the present Constitution.

II. Upon resigning from office, the President of the Republic of Azerbaijan shall submit his notice of resignation to the Constitutional Court of the Republic of Azerbaijan. Upon confirming that the President of the Republic of Azerbaijan personally submitted the notice of resignation, the Constitutional Court of the Republic of Azerbaijan shall take a decision on the acceptance of the resignation. Thereafter, the President of the Republic of Azerbaijan shall be considered to have vacated office by reason of resignation.

III. Upon receiving information concerning the inability of the President of the Republic of Azerbaijan to exercise his powers due to poor health, the Milli Majlis of the Republic of Azerbaijan shall apply to the Constitutional Court of the Republic of Azerbaijan for clarification thereof. The Constitutional Court shall decide the issue with a majority of six votes. If the Constitutional Court does not confirm this fact, then the issue shall be deemed to be exhausted.

Article 105. Implementation of powers of the President on his resignation

I. If the President of the Republic of Azerbaijan resigns from office before the completion of his term, then extraordinary presidential elections shall be held within 60 days. In such a case, the First Vice-President of the Republic of Azerbaijan shall exercise the powers of the President of the Republic of Azerbaijan until a new President is elected.

II. If the First Vice-President of the Republic of Azerbaijan serving as Acting President of the Republic of Azerbaijan resigns or becomes entirely incapable of exercising his powers during the said term due to poor health, the Vice-President of the Republic of Azerbaijan receives the status of First Vice-President in a sequence prescribed by the President of the Republic of Azerbaijan and shall carry out the powers of the President.

III. Upon the inability of the Vice-President of the Republic of Azerbaijan to exercise the powers of the President of the Republic of Azerbaijan for the reasons provided for in Paragraph II of the present Article, the powers of the President of the Republic of Azerbaijan shall be carried out by Prime-Minister of the Republic of Azerbaijan.

IV. Upon the inability of the Prime-Minister of the Republic of Azerbaijan to exercise the powers of the President of the Republic of Azerbaijan for the reasons provided for in Paragraph II of the present Article, the powers of the President of the Republic of Azerbaijan shall be carried out by Chairman of the Milli Majlis of the Republic of Azerbaijan. If the Chariman of the Milli Majlis of the Republic of Azerbaijan is unable to fulfill the powers of the President of the Republic of Azerbaijan due to aforementioned reasons, the Milli Majlis of the Republic of Azerbaijan passed a resolution about the fulfillment of the powers of the President of the Republic of Azerbaijan by other official.

Article 106. Immunity of the President

The President of the Republic of Azerbaijan shall have the right of immunity. The honour and dignity of the President of the Republic of Azerbaijan shall be protected by law.

Article 106 1. Immunity of the Vice-Presidents of the Republic of Azerbaijan

I. The Vice-President of the Republic of Azerbaijan enjoys immunity during the whole term of his/her powers.

II. The Vice-President of the Republic of Azerbaijan may not be detained, brought to criminal responsibility except cases when he/she has been caught red-handed, disciplinary measures may not be applied to him/her by court, he/she may not be searched.

III. The Vice-President of the Republic of Azerbaijan may be detained if he/she has been caught red-handed. In such case the body which detained the vice-president must immediately notify Prosecutor-General of the Azerbaijan Republic about the fact.

IV. Immunity of the Vice-President of the Republic of Azerbaijan might be stopped only by the President of the Azerbaijan Republic, based on application of Prosecutor-General of the Republic of Azerbaijan.

Article 107. Removal of the President from office

I. If the President of the Republic of Azerbaijan commits a serious crime, the issue of his/her removal from office may be submitted to the Milli Majlis of the Republic of Azerbaijan at the initiative of the Constitutional Court of the Republic of Azerbaijan on the basis of an opinion of the Supreme Court of the Republic of Azerbaijan presented within 30 days.

II. The President may be removed from office by a resolution of the Milli Majlis of the Republic of Azerbaijan passed by a majority of 95 deputy votes. The said resolution shall be signed by the Chairman of the Constitutional Court of the Republic of Azerbaijan. If the Constitutional Court of the Republic of Azerbaijan within one week does not support the signing of the resolution, the latter shall not enter into force.

III. A resolution on the removal of the President of the Republic of Azerbaijan from office shall be adopted within 2 months of the Constitutional Court’s submission to the Milli Majlis of the Republic of Azerbaijan. If the resolution is not adopted within the said term, then the accusations against the President of the Republic of Azerbaijan shall be considered to have been rejected.

Article 108. Guarantees for the President of the Republic of Azerbaijan

I. The President of the Republic of Azerbaijan and his family shall be provided at the expense of the state. The security of the President of the Republic of Azerbaijan and his family shall be provided by the special security services.

II. Guarantees for former presidents of the Republic of Azerbaijan shall be established by a Constitutional law.

Article 108 1. Guarantees for the First Vice-President of the Republic of Azerbaijan

The First Vice-President of the Republic of Azerbaijan and his/her family are provided for by the state. Security of the First Vice-President of the Republic of Azerbaijan and his/her family is ensured by special security services.

Article 109. Powers of the President

The President of the Republic of Azerbaijan shall have the following powers:
1) to call the elections to the Milli Majlis of the Republic of Azerbaijan;
2) to submit the state budget of the Republic of Azerbaijan to the Milli Majlis of the Republic of Azerbaijan for approval;
3) to approve state economic and social programmes;
4) to appoint the Prime Minister of the Republic of Azerbaijan with the consent of the Milli Majlis of the Republic of Azerbaijan; to dismiss the Prime Minister;
5) to appoint and dismiss members of the Cabinet of Ministers of the Republic of Azerbaijan; and to preside over meeting of the Cabinet of Ministers of the Republic of Azerbaijan when necessary;
6) to take decisions regarding the resignation of the Cabinet of Ministers of the Republic of Azerbaijan;
7) to establish central and local executive bodies within the limits of the expenses allotted for the executive in the state budget;
8) to repeal resolutions and orders of the Cabinet of Ministers of the Republic of Azerbaijan and the Cabinet of Ministers of the Autonomous Republic of Nakhchivan, and acts of central and local executive bodies;
9) to make submissions to the Milli Majlis of the Republic of Azerbaijan regarding the appointment of judges of the Constitutional Court of the Republic of Azerbaijan, the Supreme Court of the Republic of Azerbaijan and the courts of appeal of the Republic of Azerbaijan; to appoint judges to the other courts of the Republic of Azerbaijan; and to appoint and dismiss the General Prosecutor of the Republic of Azerbaijan with the consent of the Milli Majlis of the Republic of Azerbaijan;
10) to make submissions to the Milli Majlis of the Republic of Azerbaijan regarding the appointment and dismissal of the members of the Governing Board of the Central Bank of the Republic of Azerbaijan; and to appoint the Chairman of the Central Bank from among the members of the Governing Board of the Central Bank.
11) to submit the military doctrine of the Republic of Azerbaijan to the Milli Majlis of the Republic of Azerbaijan for approval;
12) to appoint and dismiss the Supreme Command of the Armed Forces of the Republic of Azerbaijan;
13) to establish the Administration of the President of the Republic of Azerbaijan and to appoint its head;
14) to make submissions to the Milli Majlis of the Republic of Azerbaijan regarding the election of the Human Rights Commissioner of the Republic of Azerbaijan;
15) to make submissions to the Milli Majlis of the Republic of Azerbaijan regarding the establishment of diplomatic representations of the Republic of Azerbaijan in foreign countries and in international organisations, and to appoint and recall diplomatic representatives of the Republic of Azerbaijan in foreign countries and in international organisations;
16) to receive the credentials and letters of recall from the diplomatic representatives of foreign countries;
17) to conclude inter-state and inter-governmental treaties; to submit inter-state treaties and those inter-governmental agreements that contain rules contradicting the laws of the Republic of Azerbaijan to the Milli Majlis of the Republic of Azerbaijan for ratification and denunciation; and to sign acts of ratification;
18) to call a referendum;
19) to sign and publish laws;
20) to settle issues of citizenship;
21) to settle issues regarding the granting of political asylum;
22) to grant pardons;
23) to confer state awards;
24) to award supreme military and supreme special ranks;
25) to declare general and partial mobilization, and demobilization;
26) to make decisions regarding the conscription of citizens of the Republic of Azerbaijan into active military service, and regarding the transfer of active military servicemen to the reserves;
27) to appoint the Security Council of the Republic of Azerbaijan;
28) to make submissions to the Milli Majlis of the Republic of Azerbaijan for its consent to the use of the Armed Forces of the Republic of Azerbaijan for performing tasks not related to their assignment;
29) to declare a state of emergency and martial law;
30) to declare war and conclude peace with the consent of the Milli Majlis of the Republic of Azerbaijan;
31) to form special security services within the limits of the expenses allotted by the state budget;
32) to settle other issues that do not fall under the competence of the Milli Majlis of the Republic of Azerbaijan and of the judiciary under the present Constitution.

Article 110. Signing of laws

I. The President of the Republic of Azerbaijan shall sign laws within 56 days of their presentation. If the President of the Republic of Azerbaijan has objections to a law, he may, within the said term, return it to the Milli Majlis of the Republic of Azerbaijan without his signature, together with his objections.

II. Constitutional laws shall not enter into force until signed by the President of the Republic of Azerbaijan. If the Milli Majlis of the Republic of Azerbaijan adopts for a second time a law by a majority of 95 votes, which was previously adopted by a majority of 83 votes, and a law by a majority of 83 votes, which was previously adopted by a majority of 63 votes, then the said laws shall enter into force after the second vote.

Article 110 1. Delegation of authority to conclude international interstate and intergovernmental treaties

The President of the Republic of Azerbaijan can delegate the authority to the Vice-President, Members of the Cabinet of Ministers of the Republic of Azerbaijan and other officials, appointed by the President of the Republic of Azerbaijan to conclude international interstate and intergovernmental treaties.

Article 111. Declaration of martial law

In the event of an actual occupation of part of the territory of the Republic of Azerbaijan, a declaration of war against it by a foreign country or countries, a real danger of an armed attack against the Republic of Azerbaijan, a blockade of its territory, or in the event of a real threat of such a blockade, the President of the Republic of Azerbaijan shall declare martial law throughout the territory of the Republic of Azerbaijan, or within its separate regions, and shall, within 24 hours, submit the appropriate decree to the Milli Majlis of the Republic of Azerbaijan for approval.

Article 112. Declaration of state of emergency

In the event of natural disasters or epidemic, epizootic, severe ecological and other disasters; the commission of acts directed at violating the territorial integrity of the Republic of Azerbaijan, insurrections or coups d’état; mass disorders accompanied by violence; other conflicts threatening the lives and security of citizens, or the normal activities of state bodies, the President of the Republic of Azerbaijan shall declare a state of emergency in separate regions of the Republic of Azerbaijan and shall, within 24 hours, submit the appropriate decree to the Milli Majlis of the Republic of Azerbaijan for approval.

Article 113. Acts of the President of the Republic of Azerbaijan

I. The President of the Republic of Azerbaijan shall issue decrees for the establishing of general rules, and issue orders for other matters.

II. Decrees and orders of the President of the Republic of Azerbaijan shall enter into force on the day of their publication, unless otherwise provided therein.

Article 114. Status of the Cabinet of Ministers of the Republic of Azerbaijan

I. The President of the Republic of Azerbaijan shall appoint the Cabinet of Ministers of the Republic of Azerbaijan for the purpose of exercising executive power.

II. The Cabinet of Ministers of the Republic of Azerbaijan shall be the higher executive body of the President of the Republic of Azerbaijan.

III. The Cabinet of Ministers of the Republic of Azerbaijan shall be subordinate and accountable to the President of the Republic of Azerbaijan.

IV. The President of the Republic of Azerbaijan shall determine the Operating procedures of the Cabinet of Ministers of the Republic of Azerbaijan.

Article 115. Composition of the Cabinet of Ministers of the Republic of Azerbaijan

The Cabinet of Ministers of the Republic of Azerbaijan shall consist of the Prime Minister of the Republic of Azerbaijan, his deputies, ministers and heads of other central executive bodies.

Article 116. Resignation of the Cabinet of Ministers of the Republic of Azerbaijan

On the day a newly elected President of the Republic of Azerbaijan takes up office, the Cabinet of Ministers of the Republic of Azerbaijan shall resign.

Article 117. Meetings of the Cabinet of Ministers of the Republic of Azerbaijan

As a rule, the Prime Minister of the Republic of Azerbaijan shall preside over the meetings of the Cabinet of Ministers of the Republic of Azerbaijan.

Article 118. Procedure for appointment of the Prime Minister of the Republic of Azerbaijan

I. The Prime Minister of the Republic of Azerbaijan shall be appointed by the President of the Republic of Azerbaijan with the consent of the Milli Majlis of the Republic of Azerbaijan.

II. The President of the Republic of Azerbaijan shall submit to the Milli Majlis of the Republic of Azerbaijan for its consideration a proposal naming a candidate for the position of Prime Minister of the Republic of Azerbaijan not later than one month as from the day the President of the Republic of Azerbaijan took office, or not later than two weeks as from the day the Cabinet of Ministers of the Republic of Azerbaijan resigned.

III. The Milli Majlis of the Republic of Azerbaijan shall take its decision regarding the proposed candidate to the position of Prime Minister of the Republic of Azerbaijan not later than one week as from the day the proposal was submitted. If this procedure is violated, or if the candidates proposed by the President of the Republic of Azerbaijan are rejected three times, then the President may appoint a Prime Minister of the Republic of Azerbaijan without the consent of the Milli Majlis of the Republic of Azerbaijan.

Article 119. Powers of the Cabinet of Ministers of the Republic of Azerbaijan

The Cabinet of Ministers of the Republic of Azerbaijan shall:
- prepare and submit to the President of the Republic of Azerbaijan the draft of the state budget;
- ensure the implementation of the state budget;
- ensure the implementation of financial crediting and monetary policy;
- ensure the implementation of state economic programmes;
- ensure the implementation of state social security programmes;
- manage the ministries and other central executive bodies, and repeal their acts;
- decide other issues assigned to its competence by the President of the Republic of Azerbaijan.

Article 120. Acts of the Cabinet of Ministers of the Republic of Azerbaijan

I. The Cabinet of Ministers of the Republic of Azerbaijan shall issue resolutions for the establishing of general rules, and orders for other matters.

II. Resolutions and orders of the Cabinet of Ministers of the Republic of Azerbaijan shall enter into force on the day of their publication, unless otherwise provided therein.

Article 121. Requirements regarding candidates to members of the Cabinet of Ministers of the Republic of Azerbaijan

A citizen of the Republic of Azerbaijan, having voting right, with higher education, having no liabilities in other states can be appointed to be Prime-Minister of the Republic of Azerbaijan, Deputy Prime-Minister, Minister, head of other central body of executive power.

Article 122. Requirements regarding members of the Cabinet of Ministers of the Republic of Azerbaijan

The Prime Minister, his deputies, ministers, and heads of other central executive bodies may not occupy any other elected or appointed position; engage in entrepreneurial, commercial and other paid activity, with the exception of scientific, pedagogical and creative activity; receive remuneration other than their salaries and funds received from scientific, pedagogical and creative activity.

Article 123. Immunity of the Prime Minister of the Republic of Azerbaijan

I. The Prime Minister of the Republic of Azerbaijan shall enjoy immunity during his tenure.

II. With the exception of being caught red-handed, the Prime Minister of the Republic of Azerbaijan may not be detained, subject to criminal proceedings, subject to administrative sanctions by a court of law, searched, or inspected.

III. The Prime Minister of the Republic of Azerbaijan may be arrested if caught red-handed. In that case, the body that arrested the Prime Minister of the Republic of Azerbaijan shall immediately notify the General Prosecutor of the Republic of Azerbaijan of the arrest.

IV. The immunity of the Prime Minister of the Republic of Azerbaijan may be revoked only by the President of the Republic of Azerbaijan upon the Submission of the General Prosecutor of the Republic of Azerbaijan.

Article 124. Local executive authority

I. The heads of local executive bodies shall exercise local executive authority.

II. The President of the Republic of Azerbaijan shall appoint and dismiss the heads of local executive bodies.

III. The President of the Republic of Azerbaijan shall determine the powers of local executive bodies.