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Executive Power
Chapter VI Executive Power
Article 99:
Belonging of executive power:
Executive power in the Azerbaijan Republic belongs to the President of the Azerbaijan Republic.
Article 100:
Requirements to candidates to the post of the President of the Azerbaijan Republic:
Citizen of the Azerbaijan Republic not younger than 35, permanently living on the territory of the Azerbaijan Republic longer than 10 years, possessing voting right, without previous conviction, having no liabilities in other states, with university degree, not having double citizenship may be elected the President of the Azerbaijan Republic.
Article 101:
Procedure of elections of the President of the Azerbaijan Republic:
1. The President of the Azerbaijan Republic is elected for a 5- year term by way of general, direct and equal elections, with free, personal and secret ballot.
2. The President of the Azerbaijan Republic is elected by majority of two thirds of votes.
3. 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.
4. The candidate having collected simple majority of votes in the second round of elections is considered elected the President of the Azerbaijan Republic.
5. No one may be elected the President of the Azerbaijan Republic repeatedly, more than two times. Procedure of implementation of the present Article is specified in legislation.
Article 102:
Results of elections of the President of the Azerbaijan Republic:
Results of elections of the President of the Azerbaijan Republic are officially announced by Constitutional Court of the Azerbaijan Republic within 7 days from the day of voting.
Article 103:
Oath of a person elected the President of the Azerbaijan Republic:
1. A person elected the President of the Azerbaijan Republic, within 3 days from the day when results of elections of the President of the Azerbaijan Republic have been announced, with participation of judges of Constitutional Court of the Azerbaijan Republic takes an oath: "Carrying out powers of the President of the Azerbaijan Republic I swear to follow the Constitution of the Azerbaijan Republic, protect sovereignty and territorial integrity of the state, to serve people".
2. It is considered that the President of the Azerbaijan Republic began carrying out his official powers from the day when he took his oath.
Article 104:
Inability of the President of the Azerbaijan Republic to carry out his powers:
1. The President of the Azerbaijan Republic is considered having left his position ahead of time on resignation, complete inability to fulfil his powers due to illness, dismissal from his post in cases and in an order envisaged in the present Constitution.
2. When the President of the Azerbaijan Republic is going to resign, his application concerning resignation is presented to Constitutional Court of the Azerbaijan Republic. Constitutional
3. Court of the Azerbaijan Republic, having confirmed that the President of the Azerbaijan Republic himself sent in his resignation makes decision to accept such resignation. From that moment the President is considered having left his post due to resignation.
4. Having received notifications about complete inability of the President of the Azerbaijan Republic to fulfil his powers due to poor health, the Parliament [Milli Majlis] of the Azerbaijan Republic applies to the Constitutional Court of the Azerbaijan Republic for clarification of this fact. Should the Constitutional Court of the Azerbaijan Republic confirm this fact the question is settled.
Article 105:
Implementation of powers of the President of the Azerbaijan Republic on his resignation:
1. Whenever the President of the Azerbaijan Republic resigns from his post ahead of time, extraordinary elections of the President of the Azerbaijan Republic are held within three months. In such case, until new President of the Azerbaijan Republic is elected, the Chairman of the Parliament [Milli Majlis] of the Azerbaijan Republic will carry out powers of the President of the Azerbaijan Republic.
2. If during said term the Chairman of the Parliament [Milli Majlis] of the Azerbaijan Republic carrying out powers of the President of the Azerbaijan Republic resigns, becomes incapable of carrying out his powers due to illness, Prime- minister of the Azerbaijan Republic will carry out powers of the President of the Azerbaijan Republic.
3. If Prime-minister of the Azerbaijan Republic is unable to fulfil powers of the President of the Azerbaijan Republic due to reasons given in paragraph II of the present Article, the Parliament [Milli Majlis] of the Azerbaijan Republic takes decree about delegation of powers of the President of the Azerbaijan Republic to other official.
Article 106:
Immunity of the President of the Azerbaijan Republic:
The President of the Azerbaijan Republic enjoys the right of personal immunity. Honor and dignity of the President of the Azerbaijan Republic are protected by law.
Article 107:
Dismissal of the President of the Azerbaijan Republic from his post:
1. In case of grave crime done by the President of the Azerbaijan Republic the question of dismissal of the President may be submitted to the Parliament [Milli Majlis] of the Azerbaijan Republic on initiative of Constitutional Court of the Azerbaijan Republic based on conclusions of Supreme Court of the Azerbaijan Republic presented within 30 days.
2. The President of the Azerbaijan Republic may be dismissed from his post by decree of the Parliament [Milli Majlis] of the Azerbaijan Republic taken by majority of 95 votes of deputies. This decree is signed by the Chairman of Constitutional Court of the Azerbaijan Republic. If Constitutional Court of the Azerbaijan Republic fails to sign said decree within one week it shall not come into force.
3. Decree about dismissal of the President of the Azerbaijan Republic from his post must be accepted within 2 months from the date of application of Constitutional Court of the Azerbaijan Republic to the Parliament [Milli Majlis] of the Azerbaijan Republic. If said decree is not taken within said term, then accusation against the President of the Azerbaijan Republic is considered rejected.
Article 108:
Provisions for the President of the Azerbaijan Republic:
The President of the Azerbaijan Republic and his family are provided for by the state. Security of the President of the Azerbaijan Republic and his family is ensured by special security teams
Article 109:
Competence of the President of the Azerbaijan Republic:
The President of the Azerbaijan Republic:
1. announces elections to the Parliament [Milli Majlis] of the Azerbaijan Republic;
2. submits for approval by the Parliament [Milli Majlis] of the Azerbaijan Republic state budget of the Azerbaijan Republic;
3. approves state economic and social programs;
4. by consent of the Parliament [Milli Majlis] of the Azerbaijan Republic appoints Prime-minister of the Azerbaijan Republic, dismisses Prime-minister of the Azerbaijan Republic;
5. appoints and dismisses members of Cabinet of Ministers of the Azerbaijan Republic; whenever necessary takes chair at the meetings of Cabinet of Ministers of the Azerbaijan Republic;
6. takes decision about resignation of Cabinet of Ministers of the Azerbaijan Republic;
7. establishes central and local executive power bodies within the limits of sums allotted in state budget of the Azerbaijan Republic;
8. cancels decrees and orders of Cabinet of Ministers of the Azerbaijan Republic and Cabinet of Ministers of Nakhichevan Autonomous Republic, acts of central and local executive power bodies;
9. submits proposals to the Parliament [Milli Majlis] of the
Azerbaijan Republic about appointment of judges of Constitutional Court of the Azerbaijan Republic, Supreme Court of the Azerbaijan Republic and Economic Court of the Azerbaijan Republic; appoints judges of other courts of the Azerbaijan Republic; by consent of the Parliament [Milli Majlis] of the Azerbaijan Republic appoints and dismisses General procurator of the Azerbaijan Republic;
10. submits recommendations to the Parliament [Milli Majlis] of the Azerbaijan Republic about appointment and dismissal of members of Administration Board of National Bank of the Azerbaijan Republic;
11. submits to the Parliament [Milli Majlis] of the Azerbaijan Republic for approval military doctrine of the Azerbaijan Republic;
12. appoints and dismisses officers of higher rank to Military Forces of the Azerbaijan Republic;
13. forms the executive office of the President of the Azerbaijan Republic, appoints its head;
14. appoints and dismisses authorized representatives of the President of the Azerbaijan Republic;
15. submits recommendations to the Parliament [Milli Majlis] of the Azerbaijan Republic about establishment of diplomatic representations of the Azerbaijan Republic in foreign countries and under international organizations, appoints and dismisses diplomatic representatives of the Azerbaijan Republic in foreign countries and in international organizations;
16. receives credential papers and letters of recall from
diplomatic representatives of foreign countries;
17. concludes interstate and intergovernmental agreements, presents interstate agreements to the Parliament [Milli Majlis] of the Azerbaijan Republic for ratification and denunciation; signs decrees on ratification of international agreements;
18. announces referendum;
19. signs and issues laws;
20. settles questions concerning citizenship;
21. settles questions concerning granting political refuge;
22. grants pardon;
23. gives state awards;
24. assigns higher military and higher special ranks;
25. announces total or partial mobilization and also demobilization;
26. takes decision about calling up citizens of the Azerbaijan Republic to urgent military service and transfer to the reserve of soldiers of urgent military service;
27. forms Security Council of the Azerbaijan Republic;
28. submits recommendation to the Parliament [Milli Majlis] of the Azerbaijan Republic about consent for use of Military Forces of the Azerbaijan Republic in implementation of duties other than their normal duties;
29. announces state of emergency and martial law;
30. on consent of the Parliament [Milli Majlis] of the Azerbaijan Republic announces a war and concludes peace agreements;
31. forms special security bodies within the limits of sums allotted from state budget of the Azerbaijan Republic;
32. settles other questions which under the present Constitution do not pertain to the competence of the Parliament [Milli Majlis] of the Azerbaijan Republic and law courts of the Azerbaijan Republic;
Article 110:
Signing of the laws:
1. The President of the Azerbaijan Republic signs the laws within 56 days after their presentation. If the President of the Azerbaijan Republic has objections against a law he may return it to the Parliament [Milli Majlis] of the Azerbaijan Republic within specified term without signing, together with his comments.
2. Should the President of the Azerbaijan Republic fail to sign Constitutional laws they will not come into force. If the Parliament [Milli Majlis] of the Azerbaijan Republic accepts by majority of 95 votes laws that have been accepted previously by majority of 83 votes, and by majority of 83 votes the laws that have been accepted previously by majority of 63 votes, said laws come into force after repeated voting.
Article 111:
Declaration of martial law:
In cases of actual occupation of some part of the territory of the Azerbaijan Republic, announcement of war by foreign country or countries against the Azerbaijan Republic, blockade of the territory of the Azerbaijan Republic and also whenever there is real danger of armed attack against the Azerbaijan Republic, blockade of the territory of the Azerbaijan Republic and also in case of real threat of such blockade the President of the Azerbaijan Republic announces martial law all over the territory of the Azerbaijan Republic or in individual areas, and within 24 hours submits respective decree for approval by the Parliament [Milli Majlis] of the Azerbaijan Republic.
Article 112:
State of emergency:
Whenever natural calamities take place, epidemic, epileptic, grave ecological and other disasters and also on accomplishment of acts aimed to violation of territorial integrity of the Azerbaijan Republic, revolt or state coup, with mass disorders accompanied by violence, other conflicts threatening life and safety of citizens, or normal activity of state bodies, the President of the Azerbaijan Republic announces state of emergency in individual areas of the Azerbaijan Republic and within 24 hours submits respective decree for approval by the Parliament [Milli Majlis] of the Azerbaijan Republic.
Article 113:
Acts of the President of the Azerbaijan Republic:
1. Establishing general procedures the President of the Azerbaijan Republic issues decrees, as per all other questions - he issues orders.
2. If not specified otherwise in decrees and orders of the President of the Azerbaijan Republic they become valid from the day of their publication.
Article 114:
Status of the Cabinet of Ministers of the Azerbaijan Republic:
1. For implementation of executive powers the President of the Azerbaijan Republic establishes Cabinet of Ministers of the Azerbaijan Republic.
2. Cabinet of Ministers of the Azerbaijan Republic is the highest body of executive power of the President of the Azerbaijan Republic.
3. Cabinet of Ministers of the Azerbaijan Republic is subordinate to the President of the Azerbaijan Republic and reports to him.
4. Procedure of activity of Cabinet of Ministers of the Azerbaijan Republic is defined by the President of the Azerbaijan Republic.
Article 115:
Composition of Cabinet of Ministers of the Azerbaijan Republic:
Cabinet of Ministers of the Azerbaijan Republic includes Prime-minister of the Azerbaijan Republic, his deputies, ministers and heads of other central bodies of executive power.
Article 116:
Resignation of Cabinet of Ministers of the Azerbaijan Republic:
On a day when newly elected President of the Azerbaijan Republic comes into his rights and begins carrying out his powers Cabinet of Ministers of the Azerbaijan Republic resigns.
Article 117:
Meetings of the Cabinet of Ministers of the Azerbaijan Republic:
As a rule, Prime-minister of the Azerbaijan Republic takes chair at the meetings of the Cabinet of Ministers of the Azerbaijan Republic.
Article 118:
Procedure of appointment of Prime-minister of the Azerbaijan Republic:
1. Prime-minister of Azerbaijan Republic is appointed by the President of the Azerbaijan Republic on consent of the Parliament [Milli Majlis] of the Azerbaijan Republic.
2. Proposed candidature for the post of Prime-minister of the Azerbaijan Republic is submitted for consideration to the Parliament [Milli Majlis] of the Azerbaijan Republic by the President of the Azerbaijan Republic not later than one month from the day when the President begins carrying out his powers, or not later than two weeks from the day of resignation of Cabinet of Ministers of the Azerbaijan Republic. the Parliament [Milli Majlis] of the Azerbaijan Republic takes decision concerning the candidate to the post of Prime- minister of the Azerbaijan Republic not later than within one week from the day when such candidature has been proposed. Should said procedure be violated, or candidatures proposed by the President of the Azerbaijan Republic for the post of Prime- minister of the Azerbaijan Republic be rejected three times, then the President of the Azerbaijan Republic may appoint Prime-minister of the Azerbaijan Republic without consent of the Parliament [Milli Majlis] of the Azerbaijan Republic.
Article 119:
Authority of Cabinet of Ministers of the Azerbaijan Republic
Cabinet of Ministers of the Azerbaijan Republic:
Prepares draft of state budget of the Azerbaijan Republic and submits it to the President of the Azerbaijan Republic;
- provides implementation of state budget of the Azerbaijan Republic;
- provides implementation of financial-credit and monetary policy;
- provides implementation of state economic programs;
- provides implementation of state social programs;
- carries out control over ministries and other central bodies of executive power, annuls their acts;
- solves other questions delegated to it by the President of the Azerbaijan Republic.
Article 120:
Acts of Cabinet of Ministers of the Azerbaijan Republic:
1. Establishing general procedures Cabinet of Ministers of the Azerbaijan Republic issues decrees, as per all other questions - it issues orders.
2. If not specified otherwise in decrees and orders of Cabinet of Ministers of the Azerbaijan Republic, they become valid from the day of their publication.
Article 121:
Requirements to candidates to the posts of members of Cabinet of Ministers of the Azerbaijan Republic:
1. Prime-minister of the Azerbaijan Republic shall be a citizen of the Azerbaijan Republic not younger than 30, having voting right, with university degree, having no liabilities in other states.
2. Deputy Prime-minister of the Azerbaijan Republic, minister, head of other central body of executive power shall be a citizen of the Azerbaijan Republic not younger than 25, having voting right, with university degree, having no liabilities in other states.
Article 122:
Requirements to members of Cabinet of Ministers of the Azerbaijan Republic:
Prime-minister of the Azerbaijan Republic, his deputies, ministers, heads of other central bodies of executive power may not occupy any posts, irrespective of the procedure - elections or appointment, may not be involved in business, commercial and other payable activity except scientific, pedagogical and creative activity, may not get remuneration other than their wages and money for scientific, pedagogical and creative activity.
Article 123:
Immunity of Prime-minister of the Azerbaijan Republic:
1. Prime-minister of the Azerbaijan Republic enjoys immunity during the whole term of his powers.
2. Prime-minister of the Azerbaijan Republic may not be arrested, called to criminal responsibility except cases when he has been caught in the act of crime, disciplinary measures may not be applied to him by law court, he may not be searched.
3. Prime-minister of the Azerbaijan Republic may be arrested if he has been caught in the act of crime. In such case body detained the deputy of the Parliament [Milli Majlis] of the Azerbaijan Republic must immediately notify General Procurator of the Azerbaijan Republic about the fact.
4. Immunity of Prime- minister of the Azerbaijan Republic might be stopped only by the President of the Azerbaijan Republic, based on application of General Procurator of the Azerbaijan Republic.
Article 124:
Local bodies of executive power:
1. Heads of executive power bodies carry out executive power locally.
2. Heads of executive power bodies are appointed to their posts and dismissed by the President of the Azerbaijan Republic.
3. Limits of authority of local executive power bodies are determined by the President of the Azerbaijan Republic. |
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