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azerbaijanHome > Lawyers > Azerbaijan > Constitution> amendments to the constitution of the azerbaijan republic
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Amendments to the Constitution of the Azerbaijan Republic

Chapter XII Amendments to the Constitution of the Azerbaijan Republic

Article 156:
Procedure of introduction of amendments to the Constitution of the Azerbaijan Republic:

1. Amendments to the Constitution of the Azerbaijan Republic are taken in the form of Constitutional laws in the Parliament [Milli Majlis] of the Azerbaijan Republic, by majority of 95 votes.

2. Constitutional laws on amendments to Constitution of the Azerbaijan Republic are put to the vote in the Parliament [Milli Majlis] of the Azerbaijan Republic twice. The second voting shall be held 6 months after the first one.

3. Constitutional laws on amendments to Constitution of the Azerbaijan Republic are submitted to the President of the Azerbaijan Republic for signing in an order envisaged in the present Constitution for laws, both after the first and after the second voting.

4. Constitutional laws and amendments to the Constitution of the Azerbaijan Republic become valid after they have been signed by the President of the Azerbaijan Republic after the second voting.

5. Constitutional laws on amendments are integral part of Constitution of the Azerbaijan Republic and should not contradict main text of Constitution of the Azerbaijan Republic.

Article 157:
Initiative on introduction of amendments to Constitution of the Azerbaijan Republic:

Amendments to Constitution of the Azerbaijan Republic may be proposed by the President of the Azerbaijan Republic or at least by 63 deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic.

Article 158:
Limitations on initiative on introduction of amendments to the Constitution of the Azerbaijan Republic:

Neither the President of the Azerbaijan Republic nor deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic may propose amendments to Constitution of the Azerbaijan Republic as per provisions contained respectively in Chapters VI and V of the present Constitution.
[Section VI]

Transitional Clauses
:
1. The Constitution of the Azerbaijan Republic comes into force after it has been accepted by referendum, from the day of its official publication. Constitution (Main Law) of the Azerbaijan Republic accepted on 21 April 1978 becomes null and void from the day when the present Constitution came into force.

2. The President of the Azerbaijan Republic elected before the present Constitution of the Azerbaijan Republic came into force shall carry out powers delegated to the President of the Azerbaijan Republic by the present Constitution. 3. Paragraph 5 of Article 101 of the present Constitution is valid for the President of the Azerbaijan Republic elected after the acceptance of the present Constitution. 4. Powers of people's deputies of the Azerbaijan Republic and the Parliament [Milli Majlis] formed by Supreme Council of the Azerbaijan Republic expire on a day of the first meeting of newly elected the Parliament [Milli Majlis] of the Azerbaijan Republic.

3. The first meeting of newly elected the Parliament [Milli Majlis] of the Azerbaijan Republic shall be held a week after at least 83 deputies of the Parliament [Milli Majlis] of the Azerbaijan Republic have been elected. The first session of the Parliament [Milli Majlis] of the Azerbaijan Republic will continue till 31 May 1996.

4. Article 85 of the Law of the Azerbaijan Republic "On elections to the Parliament [Milli Majlis] of the Azerbaijan Republic" accepted on 15 Aug 1995 remains valid till expiration of powers of the first calling of the Parliament [Milli Majlis] of the Azerbaijan Republic elected based on said law.

5. From the day of acceptance of the present Constitution Cabinet of Ministers of the Azerbaijan Republic carries out powers delegated to it by the present Constitution.

6. From the day when the present Constitution comes into force authority of local Councils of people's deputies of the Azerbaijan Republic are terminated. Authority delegated by legislation of the Azerbaijan Republic to local Councils of people's deputies of the Azerbaijan Republic are carried out by local executive power bodies.

7. After the present Constitution comes into force, the law on local self-government should be taken and elections to municipalities must take place within 2 years.

8. Provisions of laws and other normative-legal acts acting on the territory of the Azerbaijan Republic before acceptance of the present Constitution remain valid if they do not contradict the present Constitution.

9. Law courts of the Azerbaijan Republic acting before acceptance of the present Constitution shall carry out justice in accordance with authority and principles specified in the present Constitution.

10. From the day when the present Constitution comes into force, within one year laws on status of judges, judicial system and judicial reform should be taken in line with the present Constitution and judges of the Azerbaijan Republic must be appointed anew. Until said laws are taken appointment of judges to their posts and their dismissal will be done based on legislation which existed before the present Constitution came into force.

11. From the day when the present Constitution comes into force, within one year the Law of the Azerbaijan Republic about Constitutional Court of the Azerbaijan Republic shall be taken and Constitutional Court of the Azerbaijan Republic shall be established. Until the Constitutional Court of the Azerbaijan Republic is established authority of Constitutional Court of the Azerbaijan Republic envisaged by the present Constitution shall not be implemented. Question envisaged in paragraph 7, clause 3 of Article 130 of the present Constitution will be solved by Supreme Court of the Azerbaijan Republic.

12. From the day when the present Constitution comes into force the Higher Arbitration Court of the Azerbaijan Republic is called Economical Court of the Azerbaijan Republic and carries out powers defined by existing legislation.
 
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