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Constitution of the Autonomous Republic of Nakhchivan

 

CONSTITUTION OF THE AUTONOMOUS REPUBLIC OF NAKHCHIVAN

The basics of the autonomy of Nakhchivan were set force by international treaties of Moscow (16 March 1921) and Kars (13 October 1921) that are currently in force. Having re-stated that Nakhchivan is an integral part of Azerbaijan, those international Treaties specified the territorial boundaries of Nakhchivan.

After 16 March 1921 Nakhchivan was first called the Soviet Socialist Republic of Nakhchivan, after 16 June 1923 - Nakhchivan region, after 9 February 1924 - the Autonomous Soviet Socialist Republic of Nakhchivan and after 17 November 1990 - the Autonomous Republic of Nakhchivan.
The first Constitution of the Autonomous Soviet Socialist Republic of Nakhchivan was adopted in 1926, the second - in 1937 and the third - in 1978.

The Constitution of the Republic of Azerbaijan adopted at national referendum on 12 November 1995 constitutes the basics of the present Constitution of the Autonomous Republic of Nakhchivan.

When adopting the Constitution of the Autonomous Republic of Nakhchivan which is tied with the Constitution of the Republic of Azerbaijan, the following intentions were ceremonially declared:

- to protect independence, sovereignty and territorial integrity of Azerbaijani state;

- to ensure decent standard of life for the population of the Autonomous Republic of Nakhchivan and to improve their way of living being guided by justice and law;

- to guarantee democratic, legal and secular state structure in the Autonomous Republic of Nakhchivan within the Constitution and to protect the rule of law.

For the high intentions stated above, the present Constitution is adopted.

Chapter I

General Provisions


Article 1. Status of the Autonomous Republic of Nakhchivan

I. The Autonomous state of Nakhchivan is a democratic, legal and secular autonomous republic within the Republic of Azerbaijan.

II. The status of the Autonomous Republic of Nakhchivan is determined by the Constitution of the Republic of Azerbaijan and international Treaties of Moscow (16 March 1921) and Kars (13 October 1921).


Article 2. Basics of autonomy

I. The Autonomous Republic of Nakhchivan is independent in settling the issues attributed to it by the Constitution of the Republic of Azerbaijan.

II. All other issues connected with the interests of the Autonomous Republic of Nakhchivan are settled by the Autonomous Republic of Nakhchivan on the condition that resolution of those issues is not attributed to the competence of the state bodies of the Republic of Azerbaijan.
III. The Autonomous Republic of Nakhchivan is tied with common interests of the Republic of Azerbaijan in resolution of the issues attributed to its competence.


Article 3. Division of powers

I. State power in the Autonomous Republic of Nakhchivan is organized on the basis of the principle of division of powers:

- Legislative power is realized by Ali Majlis (‘Supreme Assembly') of the Autonomous Republic of Nakhchivan,

- executive power - by the Cabinet of Ministers of the Autonomous Republic of Nakhchivan,

- judicial power - by courts of the Autonomous Republic of Nakhchivan.

II. In accordance with the provisions of the present Constitution, the legislative, executive and judicial powers are operating reciprocally.

III. Ali Majlis of the Autonomous Republic of Nakhchivan independently settles the questions attributed to its competence by the Constitution and laws of the Republic of Azerbaijan, as well as the present Constitution; the Cabinet of Ministers of the Autonomous Republic of Nakhchivan independently settles the questions attributed to its competence by the Constitution and laws of the Republic of Azerbaijan, as well as decrees of the President of the Republic of Azerbaijan; and courts of the Autonomous Republic of Nakhchivan independently settle the questions attributed to its competence by the Constitution and laws of the Republic of Azerbaijan.


                Article 4. Prohibition of misappropriation of the state power

I. No group of citizens, social group, organization or individual shall misappropriate the state power in the Autonomous Republic of Nakhchivan

II. Misappropriation of the power is the gravest crime against the nation.  


Article 5. The Highest official of the Autonomous Republic of Nakhchivan

I. The Chairman of Ali Majlis of the Autonomous Republic of Nakhchivan is the Highest official of the Autonomous Republic of Nakhchivan.

II. In the conditions and order determined by this Constitution, the Highest official of the Autonomous Republic of Nakhchivan shall realize the following powers in both legislative and executive fields:

1) Appoint elections to Ali Majlis of the Autonomous Republic of Nakhchivan;

2) Ensure reciprocal activity of the state bodies of the Autonomous Republic of Nakhchivan;

3) Sign and publish laws of the Autonomous Republic of Nakhchivan;

4) Inform Ali Majlis of the Autonomous Republic of Nakhchivan about important issues of the state and public political life of the Autonomous Republic of Nakhchivan;

5) Make decision on dissolving of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan;

6) Establish bodies of central executive powers in the frame of expenses envisaged for executive power in the state budget of the Autonomous Republic of Nakhchivan;

7) Ensure the activity of the composition of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan in the period between the sessions of Ali Majlis of the Autonomous Republic of Nakhchivan by the proposal of the Prime Minister of the Autonomous Republic of Nakhchivan;

8) Represent the Autonomous Republic of Nakhchivan in relations with foreign states and international organizations, as well as other natural and legal persons;

9) Make proposal on appointment and dismissal of judges of the Supreme Court of the Autonomous Republic of Nakhchivan, the Economic Court of the Autonomous Republic of Nakhchivan, general and specialized courts of the Autonomous Republic of Nakhchivan;

10) Make submission to the Ali Majlis of the Autonomous Republic of Nakhchivan about election of the Human Rights Commissioner of the Autonomous Republic of Nakhchivan;

11) Make proposal on appointment and dismissal of the prosecutor of the Autonomous Republic of Nakhchivan, as well as regional, city and specialized prosecutors;

12) Carry out the military doctrine of the Republic of Azerbaijan in the Autonomous Republic of Nakhchivan, make proposals on senior staff of the units of Armed Forces of the Republic of Azerbaijan located in the territory of the Autonomous Republic of Nakhchivan;

13) Make proposals on citizenship issues;

14) Make proposals on pardoning;

15) Establish the Security Council and chair it;

16) Ensure the realization of general and partial mobilization;

17) Assist in realization of draft of citizens to a fixed term military service and social protection of military servicemen discharged from a fixed term military service;

18) Assist in realization of a regime of emergency state and martial law declared by the President of the Republic of Azerbaijan; make a proposal on declaring state of emergency and military law in the Autonomous Republic of Nakhchivan;

19) Institute honorary titles and grant honorary titles;

20) Deal with other issues attributed to the Highest official of the Autonomous Republic of Nakhchivan by the President of the Republic of Azerbaijan.

III. The Highest official of the Autonomous Republic of Nakhchivan represents the Autonomous Republic of Nakhchivan in international relations of the Republic of Azerbaijan on economic and cultural issues connected with the interests of the Autonomous Republic of Nakhchivan, to the extend determined by the Constitution of the Autonomous Republic of Nakhchivan and in the order provided for by the laws of the Republic of Azerbaijan.

IV. The Highest official of the Autonomous Republic of Nakhchivan ensures state's succession of the Autonomous Republic of Nakhchivan.

V. The Highest official of the Autonomous Republic of Nakhchivan adopts personal decrees on the issues attributed to him/her by the present Constitution and orders on other issues.

              
                 Article 6. Territory

The territory of the Autonomous Republic of Nakhchivan is sole, inviolable and indivisible within the state boundaries of the Republic of Azerbaijan.


Article 7. Guarantee of fundamental human and citizen rights and freedoms

Protection and respect of human and citizen rights and fundamental freedoms envisaged in the Constitution of the Republic of Azerbaijan, as well as ensuring execution of duties of the citizens of the Republic of Azerbaijan is the main duty of the state bodies of the Autonomous Republic of Nakhchivan.


Article 8. Suffrage of the citizens in the
Autonomous Republic of Nakhchivan

Citizens of the Republic of Azerbaijan who permanently live in the territory of the Autonomous Republic of Nakhchivan have the right to elect and to be elected.
Those recognized incapable by law court have no right to take part in elections.
Participation of military personnel, judges, civil servants, religious officials, persons imprisoned by decision of law court, other persons specified in the present Constitution and laws in the elections may be restricted by law.


Article 9. Capital

The city of Nakhchivan shall be the capital of the Autonomous Republic of Nakhchivan.

Article 10. Symbols of the Nakhchivan Autonomous state

State flag of the Republic of Azerbaijan, emblem of the Republic of Azerbaijan and state anthem of the Republic of Azerbaijan are the state symbols of the Autonomous Republic of Nakhchivan.

Chapter II

Legislative power


Article 11. Implementation of legislative power

Legislative power in the Autonomous Republic of Nakhchivan is implemented by the Ali Majlis of the Autonomous Republic of Nakhchivan.


Article 12. Composition of Ali Majlis of the Autonomous Republic of Nakhchivan

Ali Majlis of the Autonomous Republic of Nakhchivan shall compose of 45 deputies.

Article 13. Procedure of election of deputies of Ali Majlis of the Autonomous Republic of Nakhchivan

Deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan are elected based on majority voting systems and general, equal and direct elections by way of free, individual and secret voting.

Article 14. Term of office of a convocation of Ali Majlis of the Autonomous Republic of Nakhchivan

I. The term of office for each of the convocations of the Ali Majlis of the Autonomous Republic of Nakhchivan shall be 5 years.

II. Elections for each of the convocations of the Ali Majlis of the Autonomous Republic of Nakhchivan shall take place every 5 years on the first Sunday of November.

III. Term of authority of deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan is restricted by term of authority of the respective convocation of the Ali Majlis of the Autonomous Republic of Nakhchivan.

IV. If new elections of deputies to replace discharged deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan are carried out, then the term of authority of a newly elected deputy shall correspond to the remaining term of authority of the respective discharged deputy.

Article 15. Requirements to candidates to the posts of deputies of Ali Majlis of the Autonomous Republic of Nakhchivan

I. Every citizen of the Republic of Azerbaijan not younger than the age of 25 who permanently lives in the territory of the Autonomous Republic of Nakhchivan may be elected the deputy of the Ali Majlis of the Autonomous Republic of Nakhchivan in the order established by the law.

II. Persons having dual citizenship, those having obligations to other states, those working in the bodies of executive or judicial power, persons involved in other remunerated activity except scientific, pedagogical and creative activity, religious servants, persons whose incapacity has been confirmed by law court, those condemned for a grave crime, serving a sentence due to verdict of court may not be elected the deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan.

Article 16. Inspection and approval of results of elections of deputies of Ali Majlis of the Autonomous Republic of Nakhchivan

Accuracy of results of elections is verified and approved by the Supreme Court of the Autonomous Republic of Nakhchivan as specified in the law.

Article 17. End of the term of authority of deputies of Ali Majlis of the Autonomous Republic of Nakhchivan

I. Term of authority of deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan ends on the day of the first meeting of new convocation of the Ali Majlis of the Autonomous Republic of Nakhchivan.

II. Elections of deputies to replace those who left the Ali Majlis of the Autonomous Republic of Nakhchivan shall not be held if less than 120 days remain till the end of term of authority of the Ali Majlis of the Autonomous Republic of Nakhchivan.

III. The Ali Majlis of the Autonomous Republic of Nakhchivan shall have power once the authority of 31 of its deputies has been approved.


               Article 18. Sessions of Ali Majlis of the Autonomous Republic of Nakhchivan

I. Every year two sessions of the Ali Majlis of the Autonomous Republic of Nakhchivan are held. After approval of authority of 31 deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan the first meeting of the Ali Majlis of the Autonomous Republic of Nakhchivan shall be summoned within 1 week from the day of approval.

II. Extraordinary sessions of the Ali Majlis of the Autonomous Republic of Nakhchivan will be summoned by the Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan at request of the President of the Republic of Azerbaijan, the Milli Majlis of the Republic of Nakhchivan, 16 deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan or by his/her own initiative.
III. Agenda of an extraordinary session of the Ali Majlis of the Autonomous Republic of Nakhchivan shall be prepared by those who summoned the said session. The extraordinary session shall end, once the questions of the agenda have been discussed.

Article 19. Deprivation of mandate of the deputy of Ali Majlis of the Autonomous Republic of Nakhchivan and loss of powers by the deputy of Ali Majlis of the Autonomous Republic of Nakhchivan

I. The deputy of the Ali Majlis of the Autonomous Republic of Nakhchivan shall loose his/her mandate in the following cases:

1. if during the elections there was falsification in calculation of votes;

2. on quitting the citizenship of the Republic of Azerbaijan or accepting other citizenship;

3. on commitment of a crime and whenever there is valid verdict of law court;

4. on a voluntary basis.

Decision about deprivation of mandate of the deputy of the Ali Majlis of the Autonomous Republic of Nakhchivan is taken in the order provided for by the law.

II. Whenever deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan are not able to fulfil their obligations and in other cases specified by law their authority is considered terminated. Procedure of taking respective decision is determined by the law.

Article 20. Immunity of deputies of Ali Majlis of the Autonomous Republic of Nakhchivan

I. A deputy of the Ali Majlis of the Autonomous Republic of Nakhchivan enjoys immunity in the Autonomous Republic of Nakhchivan during the whole term of his powers. Except cases when the deputy may be caught in the act of crime, the deputy of the Ali Majlis of the Autonomous Republic of Nakhchivan may not be called to criminal responsibility during the whole term of his/her authority, arrested, subjected to disciplinary sanctions by law court, searched and body-searched. The deputy of the Ali Majlis of the Autonomous Republic of Nakhchivan may be arrested only if he/she has been caught at a scene of crime. In such case the body which detained the deputy of the Ali Majlis of the Autonomous Republic of Nakhchivan must immediately notify the Prosecutor of the Autonomous Republic of Nakhchivan about the fact.  

II. Immunity of the deputy of the Ali Majlis of the Autonomous Republic of Nakhchivan might be suspended only by a decision of simple majority of the Ali Majlis of the Autonomous Republic of Nakhchivan based on application of the Prosecutor of the Autonomous Republic of Nakhchivan.

Article 21. Prohibition of bringing the deputies of Ali Majlis of the Autonomous Republic of Nakhchivan to liability

Deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan cannot be made responsible for their activity, voting and statements made in the Ali Majlis of the Autonomous Republic of Nakhchivan. Without the deputies' consent, in connection with such cases, they are not obliged to give explanations and testimonies.
 

                Article 22. Organization of work of Ali Majlis of the
Autonomous Republic of Nakhchivan

The Ali Majlis of the Autonomous Republic of Nakhchivan determines the procedure of its activity, establishes the relevant bodies of the Ali Majlis including its chairman and his/her deputies and organizes standing and other commissions.


Article 23. Legislative acts of Ali Majlis of the Autonomous Republic of Nakhchivan

I. The Ali Majlis of the Autonomous Republic of Nakhchivan adopts laws and decrees regarding the questions of its competence.

II. Laws and decrees are taken in the Ali Majlis of the Autonomous Republic of Nakhchivan in the order specified in the Constitution of the Republic of Azerbaijan and the present Constitution.

III. Deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan exercise their voting right in person.

IV. Ali Majlis of the Autonomous Republic of Nakhchivan is independent in resolving the issues attributed to its competence by the Constitution and laws of the Republic of Azerbaijan.

Article 24. General rules established by Ali Majlis of the Autonomous Republic of Nakhchivan

I. The Ali Majlis of the Autonomous Republic of Nakhchivan shall establish general rules concerning the following matters:

1) election to the Ali Majlis of the Autonomous Republic of Nakhchivan;

2) status of deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan;

3) status of the Human Rights Commissioner of the Autonomous Republic of Nakhchivan;

4) taxes in accordance with economic and tax policies of the Republic of Azerbaijan;

5) economic priorities of the Autonomous Republic of Nakhchivan;

6) social guarantees;

7) protection of environment;

8) tourism;

9) health, science and culture;

10) other issues attributed to its competence by the Constitution and laws of the Republic of Azerbaijan.

II. The Ali Majlis of the Autonomous Republic of Nakhchivan shall adopt laws in relation to the issues stipulated in the present article.


Article 25. Competence of Ali Majlis of the Autonomous Republic of Nakhchivan

I. The Ali Majlis of the Autonomous Republic of Nakhchivan shall deal with the following matters:

1) organization of work of the Ali Majlis of the Autonomous Republic of Nakhchivan;

2) approval of the budget of the Autonomous Republic of Nakhchivan;

3) approval of the economic and social programmes of the Autonomous Republic of Nakhchivan;

4) appointment and dismissal of the Prime Minister of the Autonomous Republic of Nakhchivan;

5) approval of the composition of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan;

6) confidence to the Cabinet of Ministers of the Autonomous Republic of Nakhchivan;

7) election of the Human Rights Commissioner of the Autonomous Republic of Nakhchivan with the submission of the Highest official of the Autonomous Republic of Nakhchivan;

8) approval of the decrees of the Highest official of the Autonomous Republic of Nakhchivan in the cases envisaged in the present Constitution;

9) other issues attributed to its competence by the Constitution and laws of the Republic of Azerbaijan.

II. The Ali Majlis of the Autonomous Republic of Nakhchivan shall adopt decisions in relation to the issues stipulated in the present article.


Article 26. The right of legislative initiative

I. Right of legislative initiative in the Ali Majlis of the Autonomous Republic of Nakhchivan (right to submit drafts of laws and other questions for consideration by the Ali Majlis of the Autonomous Republic of Nakhchivan) belongs to deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan, the Prime-Minister of the Autonomous Republic of Nakhchivan and the Supreme Court of the Autonomous Republic of Nakhchivan.

II. Drafts of laws and decrees submitted for consideration by the Prime-Minister of the Autonomous Republic of Nakhchivan and the Supreme Court of the Autonomous Republic of Nakhchivan, as legislative initiative, are put to the vote as they are.

III. Amendments in such draft laws or decrees are introduced by consent of the body which exercised the right of legislative initiative.

IV. Draft laws or decrees submitted to the Ali Majlis of the Autonomous Republic of Nakhchivan for consideration by deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan, the Prime-Minister of the Autonomous Republic of Nakhchivan and the Supreme Court of the Autonomous Republic of Nakhchivan, are put to the vote within two months.

V. If draft law or decision has been declared urgent by deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan, the Prime-Minister of the Autonomous Republic of Nakhchivan and the Supreme Court of the Autonomous Republic of Nakhchivan, the above specified term shall constitute 20 days.


Article 27. Signing laws and decisions

I. The laws and decrees are signed by the Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan within 10 days since the day of adoption.

II. Urgent draft laws and decrees are signed by the Chairman of Ali Majlis of the Autonomous Republic of Nakhchivan within 24 hours since the day of adoption.

Article 28. Entry into force of legislative acts of Ali Majlis of the Autonomous Republic of Nakhchivan

If the law and the decision of the Ali Majlis of the Autonomous Republic of Nakhchivan do not directly specify other rule, the law and the decision shall enter into force from the date of their publication.

Article 29. Requirements to the post of the Chairman of Ali Majlis of the Autonomous Republic of Nakhchivan

I. The Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan elected by the Ali Majlis of the Autonomous Republic of Nakhchivan, is subordinated and reports to it. He/she can be withdrawn by the Ali Majlis of the Autonomous Republic of Nakhchivan.

II. Any deputy of the Ali Majlis of the Autonomous Republic of Nakhchivan who is not younger than the age of 30, permanently living on the territory of the Autonomous Republic of Nakhchivan for no less than 5 years, having no liabilities in other states, with university degree, not having dual citizenship may be elected the Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan.

III. The procedure on electing the Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan shall be determined by the Ali Majlis of the Autonomous Republic of Nakhchivan.

Article 30. Inability of the Chairman of Ali Majlis of the Autonomous Republic of Nakhchivan to carry out his powers

Whenever the Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan resigns from his post or is incapable to fulfill his powers due to illness, the First Deputy Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan, if the First deputy is not available either, the deputy shall carry out his/her powers, until a new Chairman is elected.

Article 31. Debarring the Chairman of Ali Majlis of the Autonomous Republic of Nakhchivan from his/her post

The procedure of debarring the Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan from his/her post shall be determined by the Internal Regulations of the Ali Majlis of the Autonomous Republic of Nakhchivan.

Article 32. Powers of the Chairman of Ali Majlis of the Autonomous Republic of Nakhchivan 

            I. The Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan:

1) shall call extraordinary sessions of the Ali Majlis;

2) shall chair sessions of the Ali Majlis of the Autonomous Republic of Nakhchivan;

3) shall submit to the Ali Majlis of the Autonomous Republic of Nakhchivan the candidacy of a person nominated by the President of the Republic of Azerbaijan for the post of the Prime Minister of the Autonomous Republic of Nakhchivan;

4) shall submit to the Ali Majlis of the Autonomous Republic of Nakhchivan the candidacy of persons nominated by the Prime Minister of the Autonomous Republic of Nakhchivan to posts of members of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan;

5) shall deprive the deputy of the Ali Majlis of the Autonomous Republic of Nakhchivan of his/her mandate if he/she voluntarily refuses from the mandate or in other circumstances determined by the law;

6) shall issue decisions with regard to realization of the powers of the Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan;

7) shall make proposals to the Ali Majlis of the Autonomous Republic of Nakhchivan about election and dismissal of deputies to the Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan;

8) shall organize the apparatus of the Ali Majlis of the Autonomous Republic of Nakhchivan in the order determined by the Ali Majlis of the Autonomous Republic of Nakhchivan and shall appoint its management;

9) shall decide on other issues attributed to his/her powers by the present Constitution.

Article 33. Acts of the Chairman of Ali Majlis of the Autonomous Republic of Nakhchivan

The Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan shall issue decrees.

III Chapter

Executive Power

Article 34. Executive Power in the Autonomous Republic of Nakhchivan

I. Executive Power in the Autonomous Republic of Nakhchivan shall be carried out by the Cabinet of Ministers of the Autonomous Republic of Nakhchivan.

II. The Cabinet of Ministers of the Autonomous Republic of Nakhchivan is high executive power in the Autonomous Republic of Nakhchivan.

III. The Cabinet of Ministers of the Autonomous Republic of Nakhchivan is subordinate to the Ali Majlis of the Autonomous Republic of Nakhchivan and periodically reports to it.

Article 35. The Status of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan

The Cabinet of Ministers of the Autonomous Republic of Nakhchivan is independent in solving issues attributed to its competence by the Constitution and laws of the Republic of Azerbaijan, decrees of the President of the Republic of Azerbaijan, the Constitution and laws of the Autonomous Republic of Nakhchivan.

Article 36. Composition of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan

I. The composition of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan shall include the Prime Minister of the Autonomous Republic of Nakhchivan, his/her deputies, ministers and other heads of central bodies of executive power of the Autonomous Republic of Nakhchivan.

II. The composition of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan shall be approved by the Ali Majlis of the Autonomous Republic of Nakhchivan by proposal of the Prime Minister of the Autonomous Republic of Nakhchivan.


Article 37. Prime Minister of the Autonomous Republic of Nakhchivan

The Prime Minister of the Autonomous Republic of Nakhchivan shall be appointed by the Ali Majlis of the Autonomous Republic of Nakhchivan upon nomination of the President of the Republic of Azerbaijan.

Article 38. Meetings of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan

Meetings of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan shall be presided, as a rule, by the Prime Minister of the Autonomous Republic of Nakhchivan.

Article 39. Competence of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan

I. The Cabinet of Ministers of the Autonomous Republic of Nakhchivan shall:

- prepare a draft state budget of the Autonomous Republic and submit it to the Ali Majlis of the Autonomous Republic of Nakhchivan;

- implement the budget of the Autonomous Republic;

- ensure implementation of the economic programmes of the Autonomous Republic;

- ensure implementation of the social programmes of the Autonomous Republic;

- manage ministries and other central bodies of executive power and annul their acts;

- solve other questions attributed to it by the President of the Republic of Azerbaijan.

II. The Cabinet of Ministers of the Autonomous Republic of Nakhchivan represents the Autonomous Republic of Nakhchivan in the Cabinet of Ministers of the Republic of Azerbaijan in the fields of economy and culture.

                 Article 40. Acts of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan

I. If prescribed by the general procedures, the Cabinet of Ministers of the Autonomous Republic of Nakhchivan issues decrees, as per other matters - orders.

II. If not specified otherwise, the acts of the Cabinet of Ministers of the Autonomous Republic shall enter into force from the day of their publication.

Article 41. Requirements to candidates to the posts of members of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan

I. Prime-minister of the Autonomous Republic of Nakhchivan shall be a citizen of the Republic of Azerbaijan not younger than the age of 30, having voting right, with university degree, having no liabilities in other states. 

II. Deputy Prime-minister of the Autonomous Republic of Nakhchivan, minister, head of other central body of executive power shall be a citizen of the Republic of Azerbaijan not younger than 25, having voting right, with university degree, having no liabilities in other states.

Article 42. Requirements to members of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan

Members of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan may not occupy any posts, irrespective of the procedure - elections or appointment, may not be involved in entrepreneurial, commercial and other remunerated activity except scientific, pedagogical and creative activity, may not get remuneration other than the means for scientific, pedagogical and creative activity.

Chapter IV

Judicial Power

Article 43. Implementation of judicial power

I. Judicial power in the Autonomous Republic of Nakhchivan shall be implemented by law courts.

II. Judicial power is implemented through the Supreme Court of the Autonomous Republic of Nakhchivan, the Economic Court of the Autonomous Republic of Nakhchivan, general and specialized law courts of the Autonomous Republic of Nakhchivan.

III. Judicial power is implemented by way of constitutional, civil and criminal proceedings and other forms of legislation provided for by the law.

IV. In the criminal legal proceedings, the Prosecutor's Office of the Autonomous Republic of Nakhchivan and the defence take part.

V. Judicial system and legal proceedings are determined by the law.

VI. Use of legal means aimed at changing the authority of law courts and establishment of extraordinary law courts is prohibited.

Article 44. Supreme Court of the Autonomous Republic of Nakhchivan

I. The Supreme Court of the Autonomous Republic of Nakhchivan is the highest judicial body on civil, criminal and other cases attributed to general law courts. It shall supervise the work of general courts in the order envisaged by law.

II. The Supreme Court of the Autonomous Republic of Nakhchivan shall ensure the Constitutional review in the Autonomous Republic of Nakhchivan. It shall deal with the following issues based on the inquiry of the Highest Official of the Autonomous Republic of Nakhchivan, the Ali Majlis of the Autonomous Republic of Nakhchivan, the Cabinet of Ministers of the Autonomous Republic of Nakhchivan, the Chairman of the Supreme Court of the Autonomous Republic of Nakhchivan and the Prosecutor's Office of the Autonomous Republic of Nakhchivan: 

1) Conformity to the Constitution of the Autonomous Republic of Nakhchivan of the laws of the Autonomous Republic of Nakhchivan, decisions of the Supreme Court of the Autonomous Republic of Nakhchivan, decrees and orders of the Highest Official of the Autonomous Republic of Nakhchivan, decisions of the Chairman of Ali Majlis of the Autonomous Republic of Nakhchivan, decisions and orders of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan and normative legal acts of central bodies of executive power of the Autonomous Republic of Nakhchivan;

2) Conformity of decisions of Ali Majlis of the Autonomous Republic of Nakhchivan, decrees and orders of the Highest Official of the Autonomous Republic of Nakhchivan, decisions of the Chairman of Ali Majlis of the Autonomous Republic of Nakhchivan, orders of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan and normative legal acts of central bodies of executive power of the Autonomous Republic of Nakhchivan to the laws of the Autonomous Republic of Nakhchivan;

3) Conformity of decisions of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan and normative legal acts of central bodies of executive power of the Autonomous Republic of Nakhchivan to decrees and orders of the Highest Official of the Autonomous Republic of Nakhchivan.

III. Everyone can submit a complaint to the Supreme Court of the Autonomous Republic of Nakhchivan on the issues provided for by items 1-3 of part II of the present article against normative legal acts of the legislative and executive bodies of the Autonomous Republic of Nakhchivan that violate his/her rights and freedoms. Everyone can submit, in the order provided for by the law, a complaint to the Supreme Court of the Autonomous Republic of Nakhchivan against normative acts of municipalities and courts with an aim to restore the violated human rights and freedoms.

IV. The acts of the Supreme Court of the Autonomous Republic of Nakhchivan with regard to realization of the constitutional control in the Autonomous Republic of Nakhchivan can be complained before the Constitutional Court of the Republic of Azerbaijan in the order provided for by the law.

V. The courts of the Autonomous Republic of Nakhchivan can address the Supreme Court of the Autonomous Republic of Nakhchivan in the order provided for by the law on the issues of interpretation of laws of the Autonomous Republic of Nakhchivan with regard to realization of human rights and freedoms.

VI. The judges of the Supreme Court of the Autonomous Republic of Nakhchivan are appointed by the President of the Republic of Azerbaijan with the proposal of the Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan.

Article 45. Economic Court of the Autonomous Republic of Nakhchivan

I. The Economic Court of the Autonomous Republic of Nakhchivan is a judicial body in charge for economic disputes.

II. The judges of the Economic Court of the Autonomous Republic of Nakhchivan are appointed by the President of the Republic of Azerbaijan with the proposal of the Chairman of the Ali Majlis of the Autonomous Republic of Nakhchivan.

Article 46. Prosecutor's Office of the Autonomous Republic of Nakhchivan

I. The Prosecutor's Office of the Autonomous Republic of Nakhchivan exercises control over equal and correct execution and application of laws in the order provided for by the law; initiates criminal cases and carries out investigation in the circumstances provided for by the law; supports state incrimination in the law court; brings an action in the law court and protests against decisions of a court.

II. The Prosecutor's Office of the Autonomous Republic of Nakhchivan is an integral centralized body based on subordination of territorial and specialized prosecutors to the Prosecutor of the Autonomous Republic of Nakhchivan and the Prosecutor General of the Republic of Azerbaijan.

III. Prosecutor of the Autonomous Republic of Nakhchivan is appointed to his post by the President of the Republic of Azerbaijan on the basis of the proposal of the Chairman of Ali Majlis of the Autonomous Republic of Nakhchivan and submission of the Prosecutor General of the Republic of Azerbaijan.

IV. Territorial and specialized prosecutors are appointed to their posts and dismissed from their posts by the Prosecutor General of the Republic of Azerbaijan on the basis of the proposal of the Chairman of Ali Majlis of the Autonomous Republic of Nakhchivan submitted to the President of the Republic of Azerbaijan and with the consent of the President of the Republic of Azerbaijan.


V Chapter

Legislative system

Article 47. Legal force of the Constitution of the Autonomous Republic of Nakhchivan

I. The Constitution of the Autonomous Republic of Nakhchivan is the highest law among all other normative legal acts of the Autonomous Republic of Nakhchivan.

II. The Constitution of the Autonomous Republic of Nakhchivan has direct legal force.

III. The Constitution of the Autonomous Republic of Nakhchivan is a basis for the legislative system of the Autonomous Republic of Nakhchivan.

 
                Article 48. Legislative system of the
Autonomous Republic of Nakhchivan

I. Legislative system of the Autonomous Republic of Nakhchivan is an integral part of the legislative system of the Republic of Azerbaijan.

II. Legislative system of the Autonomous Republic of Nakhchivan is in line with legislative system of the Republic of Azerbaijan.

III. Legislative system of the Autonomous Republic of Nakhchivan is composed of the following normative-legal acts of the Autonomous Republic of Nakhchivan:

1) The Constitution of the Autonomous Republic of Nakhchivan;

2) Laws of the Autonomous Republic of Nakhchivan;

3) Decrees of the Highest Official of the Autonomous Republic of Nakhchivan;

4) Decisions of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan;

5) Normative acts of the central bodies of executive power of the Autonomous Republic of Nakhchivan.

Article 49. Normative-legal acts of the Autonomous Republic of Nakhchivan

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

II. Laws of the Autonomous Republic of Nakhchivan should not contradict the Constitution and laws of the Republic of Azerbaijan and the Constitution of the Autonomous Republic of Nakhchivan. Use and implementation of published laws is obligatory for all citizens in the Autonomous Republic of Nakhchivan, legislative, executive and judicial bodies, legal entities and municipalities.

III. Decrees of the Highest Official of the Autonomous Republic of Nakhchivan should not contradict the Constitution and laws of the Republic of Azerbaijan, the Constitution and laws of the Autonomous Republic of Nakhchivan, decrees and orders of the President of the Republic of Azerbaijan, decrees and orders of the Cabinet of Ministers of the Republic of Azerbaijan; decrees of the Highest Official of the Autonomous Republic of Nakhchivan is obligatory for all citizens in the Autonomous Republic of Nakhchivan, local and central bodies of executive power and legal entities if they are published.

IV. Decisions of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan should not contradict the Constitution and laws of the Republic of Azerbaijan, the Constitution and laws of the Autonomous Republic of Nakhchivan, decrees and orders of the President of the Republic of Azerbaijan, decrees and orders of the Cabinet of Ministers of the Republic of Azerbaijan. Decisions of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan are obligatory for all citizens in the Autonomous Republic of Nakhchivan, local and central bodies of executive power and legal entities if they are published.

V. Acts of central bodies of executive power of the Autonomous Republic of Nakhchivan should not contradict the Constitution and laws of the Republic of Azerbaijan, the Constitution and laws of the Autonomous Republic of Nakhchivan, decrees and orders of the President of the Republic of Azerbaijan, decrees and orders of the Cabinet of Ministers of the Republic of Azerbaijan, decrees of the Highest Official of the Autonomous Republic of Nakhchivan, decrees and orders of the Cabinet of Ministers of the Autonomous Republic of Nakhchivan and acts of central bodies of executive power of the Republic of Azerbaijan.

VI Chapter

Changes and amendments to the Constitution of the
Autonomous Republic of Nakhchivan

Article 50. Procedure of introducing Changes and amendments to the Constitution of the Autonomous Republic of Nakhchivan

I. Changes and amendments to the Constitution of the Autonomous Republic of Nakhchivan are submitted for approval to the Milli Majlis of the Republic of Azerbaijan once the majority of 35 deputies of the Ali Majlis of the Autonomous Republic of Nakhchivan adopt it.

II. Proposals on changes and amendments to the Constitution of the Autonomous Republic of Nakhchivan are put to the vote in the Ali Majlis of the Autonomous Republic of Nakhchivan twice. The second voting shall be held 3 months after the first one.

III. Constitutional laws on changes and amendments to the Constitution of the Autonomous Republic of Nakhchivan are submitted to the Chairman of Ali Majlis of the Autonomous Republic of Nakhchivan for signing both after the first and after the second voting.

IV. Changes and amendments to the Constitution of the Autonomous Republic of Nakhchivan are integral part of the Constitution of the Autonomous Republic of Nakhchivan and can not contradict to the main text of the Constitution of the Autonomous Republic of Nakhchivan.

Transitional provisions

1. The Constitution of the Autonomous Republic of Nakhchivan comes into force after it is officially published upon adoption by the Ali Majlis of the Autonomous Republic of Nakhchivan and approval by the Milli Majlis of the Republic of Azerbaijan. The Constitution (Main Law) of the Autonomous Republic of Nakhchivan accepted on 30 May 1978 becomes null and void from the day when the present Constitution came into force.

2. Powers of people's deputies of the Autonomous Republic of Nakhchivan expire on a day of the first meeting of newly elected Ali Majlis of Autonomous Republic of Nakhchivan.

The first meeting of newly elected Ali Majlis of Autonomous Republic of Nakhchivan shall be held a week after at least 31 deputies of the Ali Majlis of Autonomous Republic of Nakhchivan have been declared elected.

3. Article 79 of the Law "On elections to the Ali Majlis of Autonomous Republic of Nakhchivan" of 12 September 1995 shall be in force until the powers of the first convocation of the Ali Majlis of Autonomous Republic of Nakhchivan elected on the basis of the present Law come to an end.

4. Laws and other normative-legal acts of the Autonomous Republic of Nakhchivan in force in the territory of the Autonomous Republic of Nakhchivan before acceptance of the present Constitution remain valid in the part that does not contradict the present Constitution.







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