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Legislative System

Section V The Right and the Law

Chapter X Legislative System

Article 147:
Legal force of Constitution of the Azerbaijan Republic:

1. Constitution of the Azerbaijan Republic possesses highest legal power.

2. Constitution of the Azerbaijan Republic possesses direct legal power.

3. Constitution of the Azerbaijan Republic is the basis of legislative system of the Azerbaijan Republic.

Article 148:
Acts constituting legislative system of the Azerbaijan Republic:

1. Legislative system consists of the following normative-legal acts:
Constitution;

acts accepted by referendum;
laws;
orders;
decrees of Cabinet of Ministers of the Azerbaijan Republic; normative acts of central executive power bodies.

2. International agreements wherein the Azerbaijan Republic is one of the parties constitute an integral part of legislative system of the Azerbaijan Republic.

3. In Nakhichevan Autonomous Republic Constitution and laws of Nakhichevan Autonomous Republic, decrees of the Cabinet of Ministers of Nakhichevan Autonomous Republic also possess legal power.

4. Legislative system of Nakhichevan Autonomous Republic should conform to legislative system of the Azerbaijan Republic.
5. Within the limits of their authority local bodies of executive power may accept normative acts not contradicting acts constituting the legislative system.

Article 149:
Normative-legal acts:

1. Normative-legal acts should be based on law and justice (same attitude to equal interests).

2. Use and implementation of acts taken by referendum is obligatory for citizens, legislative, executive and judicial power bodies, legal entities and municipalities only after their publication.

3. The laws should not contradict the Constitution. Use and implementation of published laws is obligatory for all citizens, legislative, executive and judicial power bodies, legal entities and municipalities.

4. Decrees of the President of the Azerbaijan Republic should not contradict the Constitution and laws of the Azerbaijan Republic. Use and implementation of published decrees is obligatory for all citizens, executive power bodies, legal entities.

5. Decrees of Cabinet of Ministers of the Azerbaijan Republic should not contradict the Constitution, laws of the Azerbaijan Republic and decrees of the President of the Azerbaijan Republic. Use and implementation of published decrees of the Cabinet of Ministers is obligatory for citizens, central and local executive power bodies, legal entities.

6. Acts of central bodies of executive power should not contradict the Constitution, laws of the Azerbaijan Republic, decrees of the President of the Azerbaijan Republic, decrees of Cabinet of Ministers of the Azerbaijan Republic.

7. Normative-legal acts improving legal situation of physical persons and legal entities, eliminating or mitigating their legal responsibility have reverse power. Other normative-legal acts have no reverse power.

Article 150:
Acts of municipalities:

1. Acts taken by municipalities should be based on law and fairness (same attitude and equal interests), should not contradict the Constitution and laws of the Azerbaijan Republic, decrees of the President of the Azerbaijan Republic, decrees of Cabinet of Ministers of the Azerbaijan Republic (in Nakhichevan Autonomous Republic-also to Constitution and laws of Nakhichevan Autonomous Republic, decrees of Cabinet of Ministers of Nakhichevan Autonomous Republic).

2. Implementation of act taken by the municipality is obligatory for citizens living on this territory and legal entities located on this territory.

Article 151:
Legal value of international acts:

Whenever there is disagreement between normative-legal acts in legislative system of the Azerbaijan Republic (except Constitution of the Azerbaijan Republic and acts accepted by way of referendum) and international agreements wherein the Azerbaijan Republic is one of the parties, provisions of international agreements shall dominate.

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