Constitution of the Republic of Azerbaijan

Chapter II. FUNDAMENTALS OF THE STATE

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Article 7. The state of Azerbaijan

I. The state of Azerbaijan is a democratic, law-governed, secular, unitary republic.

II. In internal affairs the state power of the Republic of Azerbaijan is restricted only by law, and in foreign affairs – only by provisions of international treaties to which the Republic of Azerbaijan is a party.

III. State power in the Republic of Azerbaijan shall be based on the principle of separation of powers:

  • legislative power shall be exercised by the Milli Majlis of the Republic of Azerbaijan;
  • executive power shall be vested in the President of the Republic of Azerbaijan;
  • judicial power shall be exercised by the courts of the Republic of Azerbaijan.

IV.In accordance with the provisions of the present Constitution the legislative, executive and judicial power interact and are independent within the limits of their respective authority.

Article 8. The Head of the State of Azerbaijan

I. The President of the Republic of Azerbaijan is the Head of the state of Azerbaijan. He/she represents the state of Azerbaijan both within the country and in its foreign relations.

II. The President of the Republic of Azerbaijan embodies unity of the Azerbaijani people and ensures continuity of the Azerbai- jani statehood.

III. The President of the Republic of Azerbaijan is the guarantor of independence and territorial integrity of the state of Azer- baijan, and of its observance of international treaties to which the Republic of Azerbaijan is a party.

IV.The President of the Republic of Azerbaijan is the guarantor of independence of judicial power.

Article 9. Armed forces

I. The Republic of Azerbaijan establishes the Armed Forces to ensure its security and protection. The Armed Forces are com- posed of the Azerbaijani army and other armed formations.

II. The Republic of Azerbaijan rejects war as a means of encroaching on the independence of other states and settling inter-

national conflicts.

III. The President of the Republic of Azerbaijan is the Supreme Commander-in-Chief of the Armed Forces of the Republic of Azerbaijan.

Article 10. Principles of international relations

Republic of Azerbaijan builds its relations with other states on the basis of the principles enshrined in universally accepted international legal rules.

Article 11. Territory

I. The territory of the Republic of Azerbaijan is united, inviolable and indivisible.

II. Internal waters of the Republic of Azerbaijan, sector of the Caspian Sea (lake) belonging to the Republic of Azerbaijan, air space over the Republic of Azerbaijan are integral parts of the territory of the Republic of Azerbaijan.

III. No part of territory of the Republic of Azerbaijan may be estranged. The Republic of Azerbaijan shall not yield any part of its territory, in any form, to anybody; state borders of the Republic of Azerbaijan may be altered only in accordance with the will of its people by means of a referendum held by Milli Majlis of the Republic of Azerbaijan.

Article 12. The highest objective of the state

I. The highest objective of the State is to ensure rights and liberties of a person and a citizen and a proper standard of living for the citizens of the Republic of Azerbaijan.

II. Rights and liberties of a person and a citizen listed in the present Constitution are applied in accordance with international treaties to which the Republic of Azerbaijan is a party.

Article 13. Property

I. The property in the Republic of Azerbaijan is inviolable and is protected by the state.

II. The property may be in the form of state, private and municipal property.

III. Property may not be used to infringe upon rights and liberties of a person and a citizen, interests of society and state, the dignity of a person.

Article 14. Natural resources

Natural resources belong to the Republic of Azerbaijan without damaging rights and interests of any physical persons or legal entities.

Article 15. Economic development and the state

I. The development of economy in the Republic of Azerbaijan based on various forms of property serves to improve the well-being of people.

II. The State of Azerbaijan on the basis of market relationships creates conditions for the development of a socially oriented economy, guarantees free enterprise and prevents monopolies and unfair competition in economic relations.

Article 16. Social development and the state

I. The State of Azerbaijan takes care of improvement of well-being of all people and each citizen, their social protection and proper standard of living.

II. The State of Azerbaijan promotes development of culture, education, public health, science, arts, protects nature of the country, historical, material and spiritual heritage of the people.

Article 17. Family, children and the state

I.  Family as a kernel of society is under special protection of the state.

II. Taking care of the children and their upbringing is the duty of the parents. The state shall supervise the implementation of this duty.

III. Children who do not have parents or guardians, or who are deprived of parental care are under the protection of the State.

IV.It is prohibited to involve children in activities that may threaten their lives, health, or morality.

V. Children under the age of 15 may not be employed for work.

VI. The State supervises the implementation of children’s rights.

Article 18. Religion and the state

I.  Religion in the Republic of Azerbaijan is separate from the state. All religions are equal before the law.

II. The spread and propaganda of religions (religious movements) which humiliate human dignity and contradict the principles of humanism shall be prohibited.

III. The state education system shall be of a secular character.

Article 19. Monetary unit

I. The monetary unit of the Republic of Azerbaijan is manat.

II. Only the Central Bank possesses the right to issue banknotes and to withdraw them from circulation. The Central Bank of the Republic of Azerbaijan is the exclusive property of the State.

III. The use of monetary units other than the manat as a means of payment within the territory of the Republic of Azerbaijan is prohibited.

Article 20. Restrictions on state debts

Debts incurred with the intention of assisting insurrection against the state of Azerbaijan and coup d’état may not be ac- knowledged as liabilities of the Republic of Azerbaijan and paid.

Article 21. Official language

I. The official language of the Republic of Azerbaijan is Azerbaijani Language. The Republic of Azerbaijan guarantees the

development of Azerbaijani Language.

II. The Republic of Azerbaijan guarantees free use and development of other languages spoken by the population.

Article 22. The Capital

The capital of the Republic of Azerbaijan is the city of Baku

Article 23. Symbols of the State of Azerbaijan

I. The state symbols of the Republic of Azerbaijan are the State flag of the Republic of Azerbaijan, State Emblem of the Re- public of Azerbaijan and State anthem of the Republic of Azerbaijan

II. The state flag of the Republic of Azerbaijan consists of three horizontal stripes of the same width. The upper stripe is blue, the middle stripe is red, and the lower stripe is green, with a white crescent and eight-pointed star depicted in the middle of the red stripe on both sides of the flag. The ratio of the width of the flag to its length is 1:2.

III. The appearance of the State flag of the Republic of Azerbaijan and the State Emblem of the Republic of Azerbaijan, and the music and text of State anthem of the Republic of Azerbaijan shall be specified by a Constitutional Law.